Class 3 Felonies

Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed

July 1, 2021
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NOTE: The article below includes updated material to explore how Public Act 101-440 impacted truth-in-sentencing laws in Illinois. After an effective date of January 1, 2020, this Act opened a new avenue to sentence credit for eligible inmates. Defendants in felony cases are subject to special rules for their criminal sentence. Compared to misdemeanor sentencing, […]

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Illinois Law Changes Definition of Forgery in 2012

June 10, 2021
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NOTE: The following information was updated to explore the effect of Public Act 101-645. Since this Act became effective on June 26, 2020, certain Illinois rules have changed concerning the expungement or sealing arrests, charges, and convictions. Forgery is a crime that has gone through many changes under the Illinois criminal code. This offense is […]

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What is the Illinois Crime of Inducement to Commit Suicide?

May 7, 2021
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In 2015, there was a highly publicized suicide case in Massachusetts involving Michelle Carter. This situation was commonly referred to as the “texting suicide case,” after Cater sent messages to a romantic partner, Conrad Roy, encouraging the act of suicide. As established in court documents, Roy expressed a desire and intent to commit suicide via […]

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Illinois Inmate Early Release

July 17, 2020
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NOTE: This page contains new materials to account for updates to Illinois law after passage of Public Act 101-440. After January 1, 2020, this Act modified several provisions of 730 ILCS 5/3-6-3, including guidelines for sentencing credits earned toward early release. There was a time in Illinois when inmates could get released from state prison […]

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A summary of the law and penalties for involuntary manslaughter

April 10, 2020
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NOTE: This article was updated to reflect 2020 changes to Illinois law with passage of Public Act 101-173. This Act became effective on January 1st and instituted various amendments to the Illinois Vehicle Code, including an update to the penalties for involuntary manslaughter offenses involving violations of Scott’s Law. Involuntary manslaughter under Illinois law refers […]

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Will I lose my FOID card because of an order of protection?

April 6, 2020
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NOTE: The following entry features revised content to reflect Public Acts 100-607 and 100-906. When these acts became effective on January 1, 2019, there were numerous changes to the Illinois laws governing the denial, suspension, and revocation of firearm ownership rights. The State of Illinois has stringent regulations on the right to possess firearms when […]

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Fatal Accident: A Review of Reckless Homicide Charges and Penalties

February 3, 2020
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NOTE: This article was updated to reflect 2020 changes in Illinois law with passage of Public Act 101-173. These changes became effective on January 1st, adjusting the Illinois statutes governing reckless homicide charges and Scott’s Law violations. The courts treat most accidents as a matter of negligence. The person who is responsible for the accident […]

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Penalties for the offense of retail theft under Illinois law

January 23, 2020
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Note: This article has been revised as of January 2020 and reflects the updated statute of retail theft. Retail theft used to be codified under 720 ILCS 5/16A-13. The new statute is 720 ILCS 5/16-25 which became effective on January 1, 2012. This article also encompasses the changes from 2011 that increased the cutoff for […]

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Challenging a Search Warrant in a Child Pornography Case

May 1, 2018
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The Illinois approach to child pornography appears in 720 ILCS 5/11-20.1. According to the statute, child pornography is a sexually explicit “visual reproduction or depiction” involving children under 18 years old or the mentally disabled. It is illegal to knowingly create, possess, or disseminate child pornography in Illinois. If the alleged offender knows or has […]

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What is Criminal Drug Trafficking in Illinois?

January 15, 2018
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Criminal drug trafficking in Illinois is a serious offense. There are a few types of criminal drug trafficking. 720 ILCS 550/5.1 outlines Cannabis Trafficking pursuant to the Cannabis Control Act while 720 ILCS 570/401.1 focuses on criminal drug trafficking pursuant to the Controlled Substances Act. Drug trafficking also applies to possession of a controlled substance […]

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