Defenses

Illinois Supreme Court rules aggravated unlawful use of a weapon statute violates 2nd Amendment

September 16, 2013
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In one decision, the Illinois Supreme Court has undone thousands of convictions for carrying a loaded firearm, and opened the door for the release of hundreds of inmates in prison. The state high court has ruled that the aggravated unlawful use of a weapon statute is unconstitutional. Individuals who were convicted of this crime may […]

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Racial profiling by Illinois police? Statistics show minorities ticketed more than whites

August 31, 2012
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Chicago radio station WBBM recently reported that statistics show that during traffic stops, minorities are charged with traffic offenses disproportionately. Depending on their sources, statistics can be misleading. But these numbers come from a source that even prosecutors and judges would acknowledge as an authority: the Illinois Department of Transportation. A WBBM Newsradio analysis of […]

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Purpose of police reading a suspect his rights

December 23, 2011
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Everyone has seen it on TV. When a person gets arrested, the police read him his rights. Only a rule this simple could cause so much confusion among people who have been arrested. The rights everyone is referring to are those provided by the Supreme Court in the Miranda decision. Miranda was a defendant in […]

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Can parents in Illinois get charged with domestic battery for striking their children?

February 21, 2010
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Domestic battery is a serious criminal offense in Illinois. The first offense is a Class A misdemeanor for which the court can sentence the defendant to up to one year in jail and order the defendant to pay a $2,500 fine. Also, the minimum sentence for domestic battery is a conviction that cannot be expunged […]

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I got arrested by an undercover officer. Is that entrapment?

February 1, 2010
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Under Illinois law, a person arrested for a criminal offense when the police have acted deceptively (e.g., undercover) may be able to assert a defense of entrapment.

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