The lack of clarity about the law on obstruction of justice (and the significant leeway that is afforded the law enforcement agencies) make this one of the most controversial areas of legal practice. Those misgivings notwithstanding, a charge of this nature brings serious consequences. Quite often defendants are caught off…
Upon arrest, a defendant is normally taken through a preliminary hearing according to the provisions of statutory instrument number 725 ILCS 5/110-5. This is a critical step for the defense lawyers because that is when a finding of probable cause is considered. It can be undertaken by either a judge…
One of the most common crimes in Chicago is that of the unlawful discharge of a firearm. This article focuses on some of the aggravating and mitigating features that might influence the sentencing process. It is important for the attorney to note that some of these features are precisely the…
The internet has not only opened up new avenues of communication, but has also created an entire category of crimes that require bespoke responses from the legislature. It is from that perspective that Chicago has come up with an internet solicitation legal framework which captures cyber sex crimes (720 ILCS…
For many offenders, the sentence handed down by the court is only the beginning of their punishment. In some ways a criminal record as mandated by the Criminal Identification Act is a much more difficult condition to deal with because it is permanent and insidious. Most people will make judgements…
To the uninitiated, forgery in Chicago seems like a straightforward case. However, a closer examination of the law indicates that it is every bit as complicated as any constitutional issue that you can imagine. The fact that this law affects a large number of ordinary folks means that it is…
Controversy has always surrounded the disclosure aspects of the sex offender registration program in Chicago. To some this is nothing more than a charter for vigilantes to attack those who have already served their time. To others 730 ILCS 152/115 represents a much needed public protection mechanism in an age…
One of the most common crimes in Chicago is that of possession of a stolen vehicle. For a defense attorney such cases present certain peculiarities and challenges, but they also present opportunities to develop a deeper understanding of the law. Understandably, the defendant may try to claim a lack of…
The mantra to let the law take its course seems like a platitude when faced with a serious criminal investigation. Each party will have their own interests and will fight to protect them. For example the prosecutor will want the defendant to come across as the worst thing that has…
The possession of marijuana in Chicago straddles the thin and ambiguous line between criminality and socially risky behavior (see The Municipal Code of Chicago (MCC) 7-24-099). Some have reached the conclusion that the continued criminalization of marijuana in Chicago is against the public interest and represents a waste of precious…