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According to the Fourth Amendment, our home is afforded the most protection from unwarranted intrusion by law enforcement. Even though the law recognizes the sanctity and privacy of the home above all other places, there are locations around the home that may not be given the same protection. Open Fields Doctrine The Open Fields Doctrine stands for …
The criminal justice system can be an intimidating and daunting experience, especially if your freedom, reputation, and future are on the line. There are many phases to a criminal prosecution. While the process and rules of court will differ between counties, the overall process will remain the same statewide. Arrest There are many requirements law …
Second-degree murder is similar to first-degree murder under the laws of Illinois. The State must still prove that the defendant killed the victim without legal justification and either intended to kill or cause great bodily harm, knew that such acts would cause death, or knew that such acts create a strong probability of death or great …
Classifications for crime are categorized based on the degrees of severity. First-degree murder is arguably the most serious crime that exists and it carries the most severe punishment available to the justice system. First-degree murder is a felony. According to 720 ILCS 5/9-1, first-degree murder is defined as the killing of another person without legal justification …
Having a criminal record can be a big obstacle in moving on with your life. Especially if you are a convicted felon, you may have trouble getting a job, renting an apartment, and have other rights restricted like voting and possessing a firearm. Its bad enough to have gone through a trying time in your …
What is the Offender Initiation Program in Illinois? Read More »
It is fairly common knowledge that the legal blood alcohol concentration (BAC) limit while driving a vehicle is 08. However, there are some variations to the BAC that could lead to more punishment and new developments in the law that could lower that number and make the risk of being charged with a DUI even …
The laws of evidence determine what kinds of communications, documents, and information is considered privileged and thus not available for use as evidence at trial. There are a handful of privileges recognized, but as a general rule Illinois law disfavors he assertion of privilege in favor of disclosure. To be discussed here is the attorney-client …
What is the Attorney-Client Privilege in Illinois? Read More »
Sexually based offenses are a sensitive and contentious category of crimes. Statutory rape is a criminal act that is based more on a technicality rather than reality. In many jurisdictions statutory rape is a strict liability crime, which means that no intent is required nor defense allowed as to mistaken belief of age. Simply doing …
Is there any Defense to Statutory Rape in Illinois? Read More »
The short answer to this question is yes, some evidence of a crime can be excluded at trial. There are many reasons for suppressing evidence, some based on the rules of evidence and criminal procedure and another being a judge made rule to be discussed here: The Exclusionary Rule. The Exclusionary Rule The Exclusionary Rule …
Can Evidence be Excluded at a Criminal Trial in Illinois? Read More »
Synthetic drugs are chemically laced substances manufactured to mimic the effects of illegal drugs like marijuana and methamphetamines. Common names for these synthetics drugs are “spice,” “K2,” and “bath salts.” Since these are not substances historically considered drugs, they have not been controlled or banned until recent years and could be found in gas stations, …
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
