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Question for a criminal defense attorney
Published on 2012-05-16 12:17:05
“How can you sleep at night?” I get this question from time to time from people who hear that I represent criminal defendants. Sometimes they ask the question without any hostile intent. They are just curious as to why I would choose this profession. Others ask the question in such a way that their sarcasm and contempt [...] > read more
Cook County to host annual expungement summit June 2, 2012
Published on 2012-05-01 17:49:02
All persons who have ever been arrested in Cook County should be aware of the free expungement seminar scheduled for June 2, 2012. Under Illinois law, any person who is arrested and charged with a crime has a record with the Illinois State Police that can be disseminated nationwide. The record of the arrest remains even [...] > read more
Important changes to Illinois retail theft laws in the year 2012
Published on 2012-04-24 15:11:19
Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under [...] > read more
Important new bill in legislature would expunge felonies
Published on 2012-03-26 15:33:05
In the current legislative session, Illinois lawmakers are considering a very important new statute to be added to the criminal code. Senate Bill 3349, proposed by Senator Kwame Raoul (D-Chicago), would create a special type of probation for felonies that can be expunged. If signed by the governor, a defendant with a pending felony would have [...] > read more
New interview with Associated Press on Illinois House Bill
Published on 2012-03-13 16:19:34
The Associated Press interviewed me for a story on March 10, 2012 about a bill proposed in Springfield that would make a significant change to the Illinois Vehicle Code. Read the article. House Bill 5099, sponsored by Representative Jerry Costello, D-Smithton, would amend two sections of the vehicle code that prohibit the use of cell phones [...] > read more
An explanation of Illinois sex crimes
Published on 2012-03-05 14:49:32
The accusation of sexual misconduct can be devastating for a defendant. First, the person is tried in the court of public opinion, and almost always found guilty when his or her mug shot appears in the news. Second, regardless of any sentence imposed in a criminal case, the defendant will be required to register as [...] > read more
Possession of a fraudulent identification card: a serious offense
Published on 2012-02-17 16:07:28
Many people would be surprised to know that possessing a fake ID in the state of Illinois can result in felony charges. While it has been a right of passage for young people to use fake IDs to buy alcohol and get admitted to over-21 establishments, the law in Illinois punishes this practice severely. The stiff [...] > read more
New seat belt law in Illinois could increase profiling in traffic stops
Published on 2012-02-09 14:29:46
Illinois lawmakers made a significant change to the vehicle code that is effective in 2012. Starting January 1, 2012, anyone who drives or rides in a motor vehicle in the state of Illinois will be required to wear a seat belt. This was not always the law. Prior to 2012, a backseat passenger in Illinois was [...] > read more
Offenses that mandate sex offender registration in Illinois
Published on 2012-01-22 13:24:00
Illinois law provides that any person who is found guilty of a sex offense must register as a sex offender pursuant to the Sex Offender Registration Act. See 730 ILCS 150/1. A person who is required to register will have his identity made part of the public registry managed by the Illinois State Police. The registry [...] > read more
Illinois law changes definition of forgery in 2012
Published on 2012-01-16 11:27:27
State lawmakers made several changes to the Criminal Code in 2012. New crimes have been established and penalties for old crimes have been increased. One of the most important changes in Illinois law concerns forgery. This offense is a Class 3 felony which is punishable by 2-5 years in prison. The maximum fine for such an [...] > read more
Purpose of police reading a suspect his rights
Published on 2011-12-23 12:11:19
Everyone has seen it on TV. When a person gets arrested, the police read him his rights. Only a rule this simple could cause so much confusion among people who have been arrested. The rights everyone is referring to are those provided by the Supreme Court in the Miranda decision. Miranda was a defendant in Arizona [...] > read more
Summary of sentencing rules for misdemeanor offenders
Published on 2011-12-05 16:02:48
The potential penalties for a Class A misdemeanor offense include up to one year in the county jail and a maximum fine of $2500. Technically, a sentence of incarceration can last for only 364 days. A jail sentence of 365 days or more is only permissible for a felony offense. Additionally, any sentence lasting one [...] > read more
Illinois public indecency laws explained
Published on 2011-11-08 11:22:08
The law in the state of Illinois says that is a criminal offense to expose oneself in public. The crime is called public indecency. The penalties for this offense can include up to one year in jail and a maximum fine of $2500. But most importantly, the crime of public indecency is classified as a sex [...] > read more
New expungement guidelines in 2011
Published on 2011-10-12 16:42:57
Each year, the Office of the State Appellate Defender publishes an instruction guide for expunging criminal records. The attorneys with that office provide a valuable service to Illinois and should receive more recognition for their efforts. The latest release from the appellate public defender’s is available here for download. The legislature changes the expungement statute each year, [...] > read more
Aggravated unlawful use of a weapon under Illinois law
Published on 2011-10-05 15:48:23
The state of Illinois has some of the nation’s toughest laws on firearms. It is tragic because Chicago is one of the most violent places in America. If there is any place in America where a person would need a firearm for protection, it would be Chicago. Although the Second Amendment gives each person the right [...] > read more
Examining State Police expungement statistics
Published on 2011-10-04 16:02:47
The Illinois State Police are mandated by law to keep track of how many petitions to expunge or seal they receive each year, and what the outcome is. This is a new legal obligation. It became mandatory through the Expungement Backlog Accountability Law. 20 ILCS 2630/14. In the past, the State Police were notorious for delay [...] > read more
Statistics show increase in felony charges across state of Illinois
Published on 2011-05-29 11:50:54
The Illinois Criminal Justice Information Authority has been tracking felony and misdemeanor filings in state courts throughout Illinois over the years, and their findings may surprise you. The findings come as no surprise, however, to attorneys and > read more
Illinois felonies result in conviction despite fact that offender has no criminal background
Published on 2011-05-24 19:23:12
A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The > read more
Illinois law on felony probation sentences, generally
Published on 2011-05-20 12:40:58
The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with s > read more
New interview on eavesdropping law
Published on 2011-05-06 20:17:37
I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5 > read more
Contempt of court: summary of Illinois law
Published on 2011-05-01 07:53:36
Every court of law has the inherent power to punish the parties did appear before it from misuse or abuse of legal process. In Illinois, the court has the authority to sentence those people to imprisonment. There are two types of contempt of court re > read more
New Illinois law criminalizes parents who leave children with sex offenders
Published on 2011-04-29 15:38:26
Illinois lawmakers made a new criminal offense concerning sex offenders in 2011. Effective on January 1, 2011, the new law prohibits parents from leaving their children unattended with a child sex offender. The new law is found in the criminal code a > read more
Newly proposed law in Illinois allows for medical marijuana
Published on 2011-04-28 13:42:33
Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsore > read more
What is a Class C misdemeanor in Illinois?
Published on 2011-04-10 08:16:51
The Class C misdemeanor in Illinois is an atypical offense. Most misdemeanor offenses are categorized as Class A misdemeanors, not Class C misdemeanors. The law in Illinois says that a person charged with a Class C misdemeanor is subject to a maximum > read more
Summary of felony prison sentences
Published on 2011-04-09 15:53:07
Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony offenses, the law distinguishes the > read more
Why was I arrested for domestic battery when the victim refused to sign a complaint?
Published on 2011-04-02 10:04:34
All too often a person involved in a hostile confrontation in a domestic relationship will call the police without knowing the serious legal consequences that follow. Usually the person dialing 911 does not intend to have anyone arrested. The person& > read more
What is a Class B misdemeanor in Illinois?
Published on 2011-03-23 12:31:51
Under Illinois law, a criminal offense is generally classified as either a felony or a misdemeanor. The difference between felony and misdemeanor is that a felony has a penalty of one year or more imprisonment, whereas a misdemeanor is a penalty of l > read more
What does it mean to be convicted of a crime in Illinois?
Published on 2011-02-28 09:09:15
One of the most frequently misused terms in criminal law is conviction. All too often a person will talk about a case and say that if they’re found guilty they were convicted. But this is not entirely accurate. Under Illinois law, when a pe > read more
What is a Class A misdemeanor in Illinois?
Published on 2011-02-13 10:59:02
All criminal charges in the state of Illinois fall generally into two categories: felony and misdemeanor. The distinction between felony and misdemeanor is that a felony offense has a possible sentence of one year or more imprisonment, whereas a misd > read more
Theft of lost property: not a criminal offense
Published on 2011-02-09 08:37:41
Most people who are accused of theft suffer through feelings of anxiety and fear about the outcome of their case. For defendants charged with misdemeanor offenses, they are looking at a penalty of up to one year in jail and a fine of $2,500. But most > read more
Decision of victim to press charges in an Illinois domestic violence case
Published on 2011-02-03 14:45:18
Many people believe that if they are the victim of a domestic violence incident, they can choose whether to press charges. During the course of a domestic altercation, they call 911 wanting the police to show up and calm the situation. In many instan > read more
Blog honored as one of the best
Published on 2011-01-10 07:12:41
I learned moments ago that my blog, Criminal Lawyer Illinois, has been selected as one of the top criminal law blogs on the web by criminology.net. Criminology.net provides educational resources and employment opportunities to individuals in the fiel > read more
Penalties for possession of drug paraphernalia under Illinois law
Published on 2010-11-19 14:40:54
Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to > read more
A summary of Illinois drug laws
Published on 2010-10-17 11:37:19
The criminal offense of possession of drugs in Illinois has two categories: Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4. Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/4 > read more
Conviction for felony offense involving a motor vehicle will suspend your Illinois driver’s license.
Published on 2010-10-05 08:21:42
An arrest for a felony offense in Illinois has consequences beyond sentencing in court. In addition to the possibility of a prison sentence in the Illinois Department of Corrections, a defendant may lose his driver’s license. The Secretary of S > read more
I need to move away from Illinois. How can I transfer my probation to another state?
Published on 2010-08-28 15:08:09
A defendant who is placed on probation for a criminal offense generally cannot leave the state without permission of the court. The same rule applies while on bond. On request, some courts will grant a defendant permission to travel out of state for > read more
Penalties for the offense of retail theft under Illinois law.
Published on 2010-08-20 14:56:19
Shoplifting is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from a store. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16A-13. Anyone who is charged with reta > read more
The police officer had me stand on one leg and count to 30. Did I pass this sobriety test?
Published on 2010-08-01 09:17:41
One of the field sobriety tests most commonly utilized by law enforcement in DUI investigations is the one-leg stand. This sobriety test was approved by the National Highway Traffic & Safety Administration (NHTSA) as accurate and reliable in dete > read more
What is obstruction of justice according to Illinois law?
Published on 2010-07-27 12:41:33
A charge for obstruction of justice is a serious criminal offense under Illinois state law. While the conduct that leads to a charge of obstructing justice can be considered trivial, such as providing a police officer a false name, the consequences a > read more
New Illinois Supreme Court ruling limits use of field sobriety test.
Published on 2010-07-24 12:50:44
The Supreme Court of the state of Illinois issued a new ruling in 2010 concerning the use of the horizontal gaze nystagmus test (HGN). During an arrest for DUI, the police officer will ask the driver to stand still and follow a pen with his eyes, and > read more