Defenses

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

April 25, 2022
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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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Can parents in Illinois get charged with domestic battery for striking their children?

April 22, 2020
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NOTE: This page features updated content demonstrating 2020 changes in Illinois law with passage of Public Act 101-0130. Since its effective date of January 1, this Act removed the statute of limitations for the regular and aggravated versions of criminal sexual assault. Domestic battery is a serious criminal offense in Illinois. The first offense is […]

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Purpose of police reading a suspect his rights

March 9, 2020
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NOTE: This article was updated to reflect changes to the Illinois Human Rights Act after January 1, 2020. Since that date, Public Act 101-565 became effective and adjusted Illinois state law concerning the use of arrest records for employment purposes. Everyone has seen it on TV. When a person gets arrested, the police read their […]

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Illinois Supreme Court Rules Aggravated Unlawful Use of a Weapon Statute Violates 2nd Amendment

February 14, 2020
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NOTE: This article was updated to reflect 2020 changes in Illinois law with passage of Public Act 101-223. These changes became effective on January 1st, modifying the Illinois laws against and penalties for unlawful use of weapons at places of worship. In one decision, the Illinois Supreme Court has undone thousands of convictions for carrying […]

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What is Legality of Police Dog Sniffs During Traffic Stops in Illinois?

January 15, 2018
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In popular culture, there are countless representations of police dogs sniffs that lead to the discovery of illegal drugs, bombs, or other contraband. The police dogs are almost always portrayed as heroes in these storylines, helping the good buys fight back against the bad guys. There is rarely any exploration of rights and duties involved […]

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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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