The Fourth Amendment of the United States Constitution protects citizens from unlawful searches and seizures. Yet it is the most frequently violated civil right, and on March 20th the Illinois Supreme Court ruled that yet another police officer violated that right by conducting an illegal search and seizure. If a…
On March 20, the Illinois Supreme Court overturned the state’s controversial audio eavesdropping law on the grounds that it was unconstitutional. The court ruled that the eavesdropping law, which made it a felony to record and publish speech without the consent of all parties, was an overly broad restriction of…
You often hear of a person having committed “assault and battery”. But while they are closely related, in Illinois assault and battery are two separate crimes, each with different penalties. Assault and battery are also classified as simple or aggravated, with aggravated crimes carrying much stiffer penalties. If you have…
Did you know that chasing a person in your car can get you arrested for aggravated assault in Illinois? Two Chicago-area residents recently learned this the hard way when they were arrested and charged with felony aggravated assault. A Wilmette man was charged for allegedly trying to run over a…
Illinois’ concealed carry law, which passed the state legislature in July 2013, officially went into effect when the state police began sending out its first round of permits in late February. As of March 1, 2014, 5,000 license applications had been approved and were processed for mailing, and 46,000 applications…
It’s a hot Chicago night, and you and some friends are outside, laughing and joking in an attempt to beat the summer heat. Two police officers approach and ask what’s going on. Not wanting trouble, you and your buddies turn and walk away. The officer repeats his question, a bit…
Order of Protection – DISMISSED! I am a criminal defense attorney, as you are most likely aware. There is a subset of criminal law that melds into civil work – Petitions for an Order of Protection. I used to shy away from these but over the past few years I’ve…
My client was charged with Aggravated Unlawful Use of a Weapon under 720 ILCS 5/24-1.6(a)(1) back in 2004 and was found guilty at trial in 2006. Subsequently, in 2012, the Illinois Supreme Court, in People of the State of Illinois v. Aguilar, held that the Aggravated Unlawful Use of Weapons…
My 22 year old client, with no criminal background, was charged with Armed Robbery and Aggravated Battery. This case carried a mandatory 21 year sentence if convicted because there was an allegation that a firearm was used during the offense. My client was charged along with another co-defendant after they…
One of the worst crimes you can be charged with in Chicago is criminal sexual assault, or rape. Not only does it create a stigma against the person charged, but often results in lengthy prison sentences and lifetime registration as a sex offender. You may have read in the Chicago…