New seat belt law in Illinois could increase profiling in traffic stops

February 9, 2012
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Illinois lawmakers made a significant change to the vehicle code that is effective in 2012. Starting January 1, 2012, anyone who drives or rides in a motor vehicle in the state of Illinois will be required to wear a seat belt. This was not always the law. Prior to 2012, a backseat passenger in Illinois […]

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Summary of sentencing rules for misdemeanor offenders

December 5, 2011
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The potential penalties for a Class A misdemeanor offense include up to one year in the county jail and a maximum fine of $2500. Technically, a sentence of incarceration can last for only 364 days. A jail sentence of 365 days or more is only permissible for a felony offense. Additionally, any sentence lasting one […]

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Examining State Police expungement statistics

October 4, 2011
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The Illinois State Police are mandated by law to keep track of how many petitions to expunge or seal they receive each year, and what the outcome is. This is a new legal obligation. It became mandatory through the Expungement Backlog Accountability Law. 20 ILCS 2630/14. In the past, the State Police were notorious for […]

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New Illinois law criminalizes possession of bath salts, K2 and Spice

July 22, 2011
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Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now […]

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Statistics show increase in felony charges across state of Illinois

May 29, 2011
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The Illinois Criminal Justice Information Authority has been tracking felony and misdemeanor filings in state courts throughout Illinois over the years, and their findings may surprise you. The findings come as no surprise, however, to attorneys and judges handling these caseloads. The studies prove that, on average, prosecutors are seeking stiffer penalties more than ever. […]

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New interview on eavesdropping law

May 6, 2011
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I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s […]

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New Illinois law criminalizes parents who leave children with sex offenders

April 29, 2011
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Illinois lawmakers made a new criminal offense concerning sex offenders in 2011. Effective on January 1, 2011, the new law prohibits parents from leaving their children unattended with a child sex offender. The new law is found in the criminal code at 720 ILCS 5/12-21.6-5. The statute says that it is a Class A misdemeanor […]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of […]

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What does it mean to be convicted of a crime in Illinois?

February 28, 2011
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One of the most frequently misused terms in criminal law is conviction.  All too often a person will talk about a case and say that if they’re found guilty they were convicted.  But this is not entirely accurate. Under Illinois law, when a person is found guilty the court enters a judgment against him.  The […]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. […]

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