Category Archives: Uncategorized

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Comments Off on WHAT IS CHILD ABANDONMENT IN ILLINOIS?

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

WHAT IS FIRST DEGREE MURDER IN ILLINOIS?

Under Illinois law, there are three kinds of first degree murder. Intentional murder where you intend to kill or do great bodily harm to another knowing that your actions will cause death; Strong probability murder: Where you know your acts … Continue reading

Posted in Uncategorized | Leave a comment

WHAT IS THE CRIME OF ASSAULT IN ILLINOIS?

You commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Assault is a Class C misdemeanor, punishable by up to 30 days in jail. (See 720 ILCS 5/12-1). … Continue reading

Posted in Uncategorized | Leave a comment

WHAT IS THE CRIME OF STALKING IN ILLINOIS?

In Illinois, you commit stalking when you knowingly engage in a course of conduct directed at a specific person, and you knew, or should have known, that this course of conduct would cause a reasonable person to fear for their … Continue reading

Posted in Uncategorized | Leave a comment

CAN I BE ARRESTED FOR SOMETHING FOUND UNDER THE PASSENGER SEAT OF MY CAR?

You were driving around town with your friend. You stepped a little too heavy on the gas, so the police stopped you for speeding. At first, you weren’t too concerned, but then the officer pulled a plastic baggie out from … Continue reading

Posted in Uncategorized | Leave a comment