Category Archives: Uncategorized

CAN MY SOCIAL MEDIA MESSAGES BE USED AGAINST ME IN COURT?

The answer is yes, provided the state can show the messages are genuine. The state may prove you were the source of an email, text or other social media message through circumstantial evidence, including the message’s appearance, contents, and substance. … Continue reading

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WHAT IS FELONY MURDER IN ILLINOIS?

In Illinois, felony murder is a type of first degree murder. You commit felony murder when you, by yourself or with another, commit or try to commit a forcible felony (such as armed robbery but not second degree murder) and … Continue reading

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WHAT IS DEFENSE OF A DWELLING IN ILLINOIS?

In Illinois, you may use force against someone if you reasonably believe that such force is necessary to stop or end someone’s unlawful entry or attack on your home. (See 720 ILCS 5/7-2.) Further, you may use deadly force to … Continue reading

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HOW YOUR BAR FIGHT CAN BECOME A FELONY IN ILLINOIS

You were out with friends at a bar. Some guy overheard something you said that he didn’t like. He came over and insulted you. You were not about to let that stand, so you punched him. You knew you lost … Continue reading

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DID YOU CONSENT TO A POLICE SEARCH?

An officer generally must have a warrant in order to search you or your property unless an exception to the warrant requirement exists. One exception is that you consented. But did you really? While this may seem like a straightforward … Continue reading

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CAN I PLEAD ENTRAPMENT AS A DEFENSE?

(UPDATE: The Lewis case below was upheld by the Illinois Supreme Court in People v. Lewis on June 24, 2022). A friend of a friend asked you to help them get some narcotics. You don’t do drugs yourself, but you … Continue reading

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WHAT IS BATTERY IN ILLINOIS?

In Illinois, you commit battery if you knowingly without legal justification by any means (1) cause bodily harm or (2) make physical contact of an insulting or provoking nature with an individual. (See 720 ILCS 5/12-3). Under Illinois law, “knowingly” … Continue reading

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WHAT IS CHILD ABANDONMENT IN ILLINOIS?

Under 720 ILCS 5/12C-10, you commit child abandonment when you leave a child under age 13 for 24 hours or more unsupervised by a responsible person over age 14, without regard for the child’s health or safety. The child must … Continue reading

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DO I HAVE A RIGHT TO AN INTERPRETER IF I DON’T UNDERSTAND ENGLISH?

The answer is yes. According to Illinois case law, fundamental due process requires that a defendant who does not fully understand English be permitted an interpreter. Otherwise, a defendant could be deprived of his or her right to a fair … Continue reading

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WHAT IS DOMESTIC BATTERY UNDER ILLINOIS LAW?

You commit domestic battery if you knowingly without legal justification by any means: (1) cause bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member. (See … Continue reading

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