A police officer must have reasonable suspicion that a driver is impaired before pulling him or her over by personally witnessing the driver driving erratically in some way. If there is reasonable suspicion to pull over a driver, then there must be probable cause for an arrest. This means that before making a DUI arrest, the police officer must have probable cause to believe the driver is driving under the influence or sufficient evidence that the driver has “probably” committed the crime of DUI.
Officers usually get this probable cause by asking the driver questions to see if his
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Are Means, Motive, and Opportunity Enough to Convict?
Anyone who enjoys watching crime dramas has likely heard a prosecutor say they will show the jury that the defendant had means, motive, and opportunity to commit the crime (often a murder). In real life, means, motive, and opportunity can show the jury why the defendant was charged with the crime but are not legally sufficient to prove guilt.
At least, this is how the judicial system is supposed to work. Jurors tend to respond to a prosecutor walking them through these elements of a crime, even though theoretically showing that the defendant committed the crime beyond a reasonable
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New 2025 Laws Regarding Prostitution in Illinois
Although it seems surreal that it is even a conversation, police departments across the state may soon be required to implement policies that prohibit officers from having sex with a person they are investigating for prostitution. Other proposed changes regarding the criminal offense of prostitution are detailed below.
House Bill 4410 cleared the General Assembly this week, so following a signature from the governor making it the law, police departments would have until July 1 to fully implement the law into department policy. Prostitution is a criminal offense with penalties and consequences that can impact a person’s life for a
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The Reliability of DNA Evidence Used in Murder Convictions
Many of us have watched so many television shows like CSI that we tend to believe DNA evidence is infallible. While DNA evidence has certainly been a game-changer in criminal prosecutions, there are certain instances when DNA evidence may not be accurate. This is particularly important when a person is on trial for homicide or another serious crime.
On the other side, DNA evidence has also exonerated many people who were convicted for a crime they did not commit, although there may be many more who have not been exonerated. Since 1989, 575 individuals have been exonerated through DNA evidence,
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What Defense Strategies Can I Use Against Sex Crime Charges?
Illinois treats sex crimes harshly, in some ways even more than other offenses. Being convicted of a sex crime can lead not only to heavy fines and lengthy prison sentences but can also land someone on the sex offender registry. This can severely affect the defendant’s efforts to find employment and build a life within a community.
Understanding the different defense strategies against sex crime charges is an important step toward protecting yourself and your future. Keep in mind, however, that the best defense against sex crime allegations is to hire an experienced Illinois criminal defense attorney to represent you.
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What Are the Limitations of DNA Evidence in a Burglary Case?
Burglary is a felony that carries fines and prison time in Illinois. In a burglary case, the prosecution’s aim is to prove the defendant committed the assault beyond a reasonable doubt. One of the ways prosecutors try to do this is by presenting DNA evidence. When they are able to match the defendant’s DNA to DNA found at the scene of the crime, it strongly supports the claim that the defendant committed the offense.
However, DNA does not secure a conviction, and there are limitations to how much DNA evidence can impact a burglary case. This article will discuss what
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What Role Does Motive Play in a Murder Case?
Many people have heard the word “motive” in the context of murder cases from movies and TV shows like Law and Order. In these productions, motive is often portrayed as a critical element in a murder investigation. “Establishing motive” is seen as a make-or-break requisite for achieving a murder conviction.
But does this portrayal accurately affect reality? What is motive and what role does it actually play in a homicide case?
In this article, we will discuss what motive is and how it can affect a murder conviction. If you or a loved one have been accused of murder, contact
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What Are the Penalties for Domestic Battery in Illinois?
Illinois law makes domestic violence a serious crime that carries severe consequences. A domestic battery conviction can affect the defendant’s life long after the legal proceedings have ended. Therefore, it is important to understand domestic violence charges and their penalties, along with the factors that determine whether a domestic battery charge will be treated as a misdemeanor or a felony.
This article will discuss how Illinois law defines domestic battery and the penalties for such an offense. If you have been accused of domestic violence, contact an Illinois domestic battery defense attorney right away to begin building your defense.
What
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When Is Shoplifting a Felony in Illinois?
While shoplifting is certainly a problem for retailers, employee theft causes greater losses. Regardless, shoplifting is a crime that can be prosecuted as a misdemeanor or a felony, depending on the surrounding circumstances. It is estimated that at least five percent of all customers shoplift at one time or another, yet only about 5-10 percent are caught.
Of those caught, only a small percentage are reported to the police, and even fewer are sentenced. While women are not necessarily more likely to shoplift, they are more likely to get caught. Adult shoplifters are more likely to steal multiple items at
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Aggravated Discharge of a Weapon Charges in Illinois
On May 16th, 2024 a sentence of ten years in the Illinois Department of Corrections was given to an Illinois man convicted of the offense of Aggravated Discharge of a Firearm. His weapons charge conviction will be served at 85 percent, stemming from an event involving reports of shots fired in Marengo, IL. Witnesses to the incident stated the defendant allegedly shot his firearm at a vehicle occupied by a married couple and their two children.
Although nobody was injured in the shooting, the incident triggered the charge of Aggravated Discharge of a Firearm in Illinois. If you should find
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When Can You Appropriately Use an “Insanity Defense?"
One of the most misunderstood and controversial defenses is the insanity plea. TV shows and movies often portray it as a get-out-of-jail-free card for obviously guilty defendants. In reality, the requirements are strict, and successful insanity defenses are rare. An Illinois lawyer can help you figure out if you qualify.
What Exactly Is an Insanity Defense?
In Illinois, the insanity defense comes from the principle that a person cannot be held criminally responsible if, due to a mental disease or defect, he lacks the capacity to appreciate the criminality of his conduct. The defense does not dispute that the
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Protecting Your Rights When Facing a Search Warrant
It can be overwhelming to find law enforcement officers standing outside of your home, holding a search warrant when you do not even expect it. However, you must remember that you have rights. Understanding your rights if faced with a search warrant can help ensure that your rights are upheld. An Illinois lawyer can help guide you through the steps you should take if you find yourself in this challenging position.
Definition of Search Warrants in Illinois
A search warrant is a legal document issued by a judge that authorizes law enforcement officers to search a specific location, such
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Legal Strategies for Fighting Theft Charges in Illinois
Facing theft charges can be an incredibly overwhelming experience. The consequences of a conviction can have far-reaching impacts on your life, including potential fines, probation, or even jail time. However, it is crucial to understand that you have legal rights and options to defend yourself against these charges. An Illinois lawyer can help you explore potential legal strategies for fighting theft charges.
Challenging the Evidence
One of the most effective strategies in defending against theft charges is to challenge the evidence presented by the prosecution. In Illinois, the burden of proof lies with the state, and they must prove their
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Should You Dispute Breath Test Results For an Illinois DUI?
A DUI charge can cause chaos in your life in an instant. Many drunk driving arrests rely heavily on breathalyzer readings to establish blood alcohol content (BAC) levels. However, these devices are imperfect and mishandling results happens often. An Illinois lawyer can help you to contest questionable breath tests in court and whether doing so aligns with your best legal interests.
How Do Breath Tests Work and Why Should I Challenge Them?
Breath analyzers estimate BAC through an infrared spectroscopic analysis of your breath. But the reliability depends on proper device calibration, testing protocols, and operator skill. Procedural deviations could
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Will I Be on the Sex Offender Registry if I Am Accused of a Sex Crime?
The sex offender registry is a list of people who have been convicted of certain sex crimes. The list is published online, and anyone can search it to see if someone has been convicted of a sex crime. As you can imagine, being included on the sex offender registry can have serious consequences for a person’s reputation and future opportunities.
When someone is listed on the Illinois sex offender registry, they must comply with certain restrictions and follow a specific set of rules. For example, an individual accused of a sex crime involving a minor may be prohibited from
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Illinois Drug Charges Involving Hydrocodone
Hydrocodone, or Vicodin, is considered a Schedule II controlled substance in Illinois, meaning it has a high potential for abuse and dependence. Any possession, sale, manufacture, or distribution of this drug without proper authorization is strictly prohibited by law and can lead to severe penalties. Many people assume that they cannot face severe penalties for a substance that is frequently prescribed by physicians. However, a criminal conviction for a drug crime such as possession of hydrocodone can have life-changing consequences.
If you or someone you love are currently facing criminal charges for possessing or selling hydrocodone, it is important to
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