While eyewitnesses to a criminal offense can provide compelling testimony, the average person’s memory of a specific event is susceptible to many biases and errors. Unfortunately, jurors love eyewitness testimony and are much more likely to convict a defendant when another person witnesses the crime. Witnesses to a crime or accident are commonly interviewed by law enforcement after making a “positive” ID, then by lawyers from both sides, perhaps in a deposition, and finally in court in front of jurors and the judge.  
While eyewitness testimony may well be the most persuasive form of evidence presented in court, its accuracy…
Continue Reading Can Unreliable Eyewitness Testimony Convict an Innocent Person?

When charged with assault or battery, the most common defenses include self-defense, defense of others, or defense of property. Twenty-eight states currently have “stand your ground” laws, which hold that a person who is attacked in a place where she or he has a lawful right to be has no duty to retreat. In stand-your-ground states, a person has the right to stand his or her ground and meet force with force.
This includes using deadly force if it is reasonably believed that deadly force was necessary to prevent death or great bodily harm to oneself or others or…
Continue Reading How No "Stand Your Ground" Law Affects Self-Defense Claims

Being charged with a single crime is serious enough in itself to require a strong criminal defense attorney. Unfortunately, many prosecutors engage in “charge stacking,” which involves charging a defendant with as many relevant charges as possible—even when the true relevancy is thin at best.
Often, more charges than are fair or just are filed against a defendant to strengthen the prosecutor’s case and up the chances of securing a conviction on at least one of the charges. Charge stacking is akin to the adage of “throwing everything against the wall to see what sticks” and is common in…
Continue Reading The Devastating Consequences of Illinois Charge Stacking

Recently, the Illinois Supreme Court overturned a high-profile actor’s conviction, ruling he had been subjected to double jeopardy. The actor was originally charged with falsely reporting a hoax hate crime in 2019, subsequently entering into a non-prosecution agreement. Then, in 2022, he was sentenced to 150 days in jail and 30 months of probation after being found guilty of felony disorderly conduct by a special prosecutor.
The Illinois Supreme Court found that the case was subject to the double jeopardy clause and that the actor’s agreement with the State’s Attorney’s Office should have been honored. The Court further…
Continue Reading How Illinois Plea Agreements Can Muddy Double Jeopardy Laws

Burglary and home invasion are two very serious crimes in Illinois punishable with prison time and hefty fines. Although they both involve unlawful entry, they each have significant differences. It is important to understand these differences if you or someone you know is facing a burglary or home invasion charge. If you have questions about these two offenses and how charges can affect you, speak with an Illinois criminal defense attorney.
What Is Burglary?
Burglary is when a person breaks into someone else’s property with the intent to commit theft or any kind of felony. This offense contains two…
Continue Reading What Is the Difference Between Burglary and Home Invasion?

Child endangerment is when a person places the life or health of a child under 18 in danger or at risk. It is a serious crime in Illinois that can be treated as a misdemeanor or felony depending on the circumstances. A child endangerment offense not only carries serious criminal penalties but can also involve legal consequences beyond prison time and fines. This article will discuss those consequences and what constitutes child endangerment. If you have any questions about a child endangerment charge or if you need assistance with a particular case, contact an Illinois criminal defense attorney today.
What…
Continue Reading What Are the Consequences of Child Endangerment in Illinois?

Last month, an Illinois man pled guilty to Boating Under the Influence (BUI) regarding a 2021 fatal accident at Lake of the Ozarks. Authorities say the man had a blood alcohol level of 0.187 percent a full three hours after the accident. According to witnesses, a 21-year-old on the boat driven by the defendant was ejected as the boat jumped waves at a high speed. The young man’s body was later recovered. The judge in this case suspended the imposition of the sentence, which means that if all the terms of probation are successfully completed, the defendant will not have…
Continue Reading Illinois Man Pleads Guilty to Fatal Accident Caused by BUI

Being charged with consumer fraud can be a frightening experience. Not only is it a criminal charge that carries serious penalties, but it can ruin the reputation of a business. Understanding the different defenses for a consumer fraud accusation is an important start toward protecting your business and your rights. If you are facing a consumer fraud charge, hire an experienced Illinois consumer fraud defense attorney to manage your defense.
What Is Consumer Fraud?
Consumer fraud means acting deceptively or unfairly toward consumers in the course of business. The Illinois Deceptive Practices and Consumer Fraud Act forbids individuals and companies…
Continue Reading How Can I Defend Against a Consumer Fraud Charge?

A little-known law in Illinois allows people to be punished for the criminal acts of another if they were present at the scene. Those who are especially vulnerable to the effects of this law are survivors of domestic violence. The story of a woman who has been in an Illinois prison since 1993 for murders committed by her boyfriend–despite a vigorous criminal defense–illustrates this point.  
The young woman met her boyfriend when she was 17 and he was 35. The boyfriend told her that he was a truck driver, but she would find out months into the relationship that…
Continue Reading Theory of Accountability and Domestic Abuse Survivors

Defending against drug crime charges can be quite difficult. An Illinois lawyer can explain how mistakes can easily jeopardize a case. Learning some of the most common pitfalls in drug crime defense and actionable tips to help you navigate this challenging situation is helpful.
Failing to Understand the Charges
One of the most critical mistakes in drug crime defense is not fully comprehending the specific charges against you. Illinois law distinguishes between various drug offenses, such as possession, distribution, trafficking, and manufacturing. Each charge carries its own set of penalties and legal implications. Take the time to thoroughly review and…
Continue Reading Common Mistakes When Defending Against Drug Crime Charges

Being charged with shoplifting, otherwise known as retail theft, can have serious criminal consequences in Illinois. Beyond the actual sentencing and punishment you receive, you could be haunted by the charge for years to come. You may face challenges when applying for college, housing, and jobs and potential romantic interests might decide to stay away. If you are charged with retail theft, a skilled Cook County, IL divorce lawyer can review your case and create a defense plan to protect your legal rights.
How is Retail Theft Penalized?
If you are charged with retail theft, your sentence…
Continue Reading Shoplifting Accusations in Illinois

There are many reasons why you might end up with a suspended driver’s license. Some reasons are more administrative, like failure to pay some fine, while others are related to some risk that your actions allegedly posed to other drivers. When that happens, you are not supposed to drive until you have resolved whatever the issue is to the court’s satisfaction, at which point you might get your license reinstated. If you are caught driving on a suspended license, you can face severe punishment. If your license was suspended and you are considering driving anyway, you might want…
Continue Reading Consequences of Driving with a Suspended License in Illinois

Drug paraphernalia laws in Illinois regulate the possession, sale, and distribution of items used for using or selling illegal drugs. It is important to be aware of the implications of violating these laws to avoid potential legal consequences. If you are facing charges related to the possession of drug paraphernalia, hiring an attorney who understands the criminal justice system is an important first step toward fighting the charges.
Since 2000, Luisi Legal Group has provided aggressive legal assistance to people facing criminal charges in Illinois. Mr. Luisi defends his clients in court every day and has a reputation for helping…
Continue Reading What You Need to Know About Possession of Drug Paraphernalia Laws in Illinois