You texted some things you probably shouldn’t have to your ex-fiancé. You knew the texts were nasty, but you were blowing off steam. And what about your right to free speech? A recent Illinois court decision has held that certain comments, such as true threats, are not protected speech under the First Amendment. Under one definition of cyberstalking, the state must prove that you knowingly and without lawful justification harassed another person at least twice through electronic communication, and you transmitted a threat of bodily harm, sexual assault, confinement, or restraint which was directed towards that person or their family;…
Continue Reading ILLINOIS CYBERSTALKING LAW DOES NOT VIOLATE FIRST AMENDMENT

Under Illinois law, you commit aggravated stalking when you stalk another and either 1) cause bodily harm; 2) confine or restrain that person; 3) violate a court order; or 4) stalk a victim or their family when you were required to register as a sex offender because of an offense against that victim. (See Aggravated Stalking.)
Stalking means that you knowingly engaged in conduct directed at a specific person, that you knew or should have known would cause a reasonable person to suffer emotional distress or fear for their own or another’s safety.Stalking is also defined as knowingly following…
Continue Reading WHAT IS THE CRIME OF AGGRAVATED STALKING IN ILLINOIS?

According to the Illinois Supreme Court, the answer is yes. The court struck down the portion of the Unlawful Use of a Weapon (UUW) law that banned carrying or possessing a stun gun or taser. See People v. Webb. Under Illinois law, you can be charged with unlawful use of a weapon if you carry a concealed firearm in violation of the Firearm Concealed Carry Act. The Act allows you to carry a concealed firearm if certain conditions are met such as that you possess a valid Firearm Owners Identification card. Under the law, a concealed firearm is…
Continue Reading ARE STUN GUNS AND TASERS PROTECTED BY THE SECOND AMENDMENT?

You’ve seen the movies. The prisoner busts out of jail and makes a run for it complete with searchlights circling, dogs barking and sirens blaring. Obviously, that sort of escape is a criminal offense. But what if you simply panicked and ran away from police during an arrest? Under Illinois law, you could be charged if you intentionally escape while in the lawful custody of a peace officer for an alleged offense. If your arrest is for a felony, you can be charged with a Class 2 Felony. If your arrest is for a misdemeanor, the charge can be Class…
Continue Reading CAN I BE CHARGED WITH ESCAPE FOR RUNNING FROM POLICE DURING AN ARREST?

You left your baby in the car while you were in the mall running errands. When you came out, a couple police officers had broken your window to check on your now-crying child. In the process, they found illegal medication on the back seat. Now you have been arrested for illegal narcotics and for child endangerment.
Did the police have a right to seize the drugs while dealing with your infant?Under Illinois law, the answer is probably yes. As long as the officers were legitimately performing their community caretaking function, they need not ignore the evidence in front of them.
Continue Reading CHILD ENDANGERMENT CAN LEAD TO MORE TROUBLE

If you watch enough police shows, you know all about your right to an attorney when charged with a crime. But to exercise that right, you have to be specific.
Under Illinois law, you must clearly ask police for an attorney so that a reasonable officer under the circumstances would understand your statement to be a request for an attorney. Otherwise, the police can keep questioning you. Although no specific words are required, merely mentioning a lawyer to police is insufficient to stop the interrogation.Courts have viewed the following language as not sufficient to invoke counsel: 1) “Maybe I should…
Continue Reading DID YOU INVOKE YOUR RIGHT TO AN ATTORNEY?

You have been charged with criminal sexual assault of a minor child. After confiscating your computer, the state found your internet research on child pornography along with some stories you wrote. Can the state use these searches and stories to convict you?
Quite possibly. But like so much of law, it depends on the judge. The court could find your writings and/or your internet searches are relevant to show your intent to commit the crime.Under the Illinois Rules of Evidence, your past acts are generally not admissible to prove you have bad character and thus, are more likely to commit…
Continue Reading CAN MY FANTASIES OR INTERNET SEARCHES BE USED AGAINST ME IN A SEXUAL ASSAULT CASE?

Criminal cases do not routinely get thrown out of court short of a plea agreement or trial. But the court can dismiss your case if it meets certain criteria.
A court may dismiss a case on any of the following bases:

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Continue Reading WHEN CAN A COURT DISMISS MY CRIMINAL CASE?

The Illinois “Revenge Porn” statute does not require a vengeful intent, and the Illinois Supreme Court has said that is OK. In a recent decision, the court concluded the statute did not violate the First Amendment by unduly restricting free speech.
Under the law, it is a Class 4 felony to intentionally disseminate an identifiable image of another person over age 18 involved in a sex act or whose intimate parts are exposed where the image was obtained under circumstances in which a reasonable person would understand the image was to remain private and should know that the person in…
Continue Reading ILLINOIS SUPREME COURT UPHOLDS “REVENGE PORN” STATUTE

Defacing a firearm in Illinois is serious business.
If you knowingly or intentionally changed, removed or obliterated the name of the importer’s or manufacturer’s serial number from any firearm, you can be charged with a Class 2 felony.Simply possessing a firearm where the serial number has been changed or removed is a Class 3 felony. See 720 ILC 5/24-5. To convict you for possession, the State need only prove beyond a reasonable doubt that you knowingly possessed a firearm which was defaced. The state need not show that you knew the weapon was defaced.
The law exempts people who…
Continue Reading THE CRIME OF DEFACING A WEAPON IN ILLINOIS

Two officers were chasing a suspect down an alley. The suspect happens to be your cousin. The officers asked you which way you he ran and you pointed them in the opposite direction.
Can you be charged with a crime? The answer is yes.In Illinois, you can be charged with Obstructing Justice if you intend to prevent the apprehension or obstruct the prosecution or defense of any person (including yourself), and you knowingly:

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Continue Reading WHAT IS OBSTRUCTION OF JUSTICE IN ILLINOIS?

Your ex-spouse has an order of protection against you. You thought it was still okay to call her best friend, but now the police have arrested you for violating the order.
What is the law? What can you do?You can be charged with violating an order of protection if you 1) knowingly commit an act prohibited by the order or fail to commit an act ordered by the order, and 2) you have been served notice or have actual knowledge of the contents of the order. To avoid trouble, you should read any order carefully and err widely on the…
Continue Reading VIOLATING AN ORDER OF PROTECTION IN ILLINOIS