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…
The law of public indecency in Chicago is complex precisely because it touches on the interaction between personal freedom and societal norms. What some consider to be harmless exhibitionism may meet the statutory minimum for the crime of public indecency (see People v Reed). Generally speaking, society has condemned indecent…
Just like in many jurisdictions, Illinois takes vehicular hijacking to be a particularly serious crime as listed in the provisions of the legislative instrument number 720 ILCS 5/18-4. Upon conviction, the defendant can expect a term of imprisonment that ranges anywhere from four to 15 years. There are specific aggravating…
The felony charge sits just below terrorism and treason when ranking the criminal offenses that are known in the Chicago statues. It is a step up from the misdemeanor and carries a lot of serious consequences for the defendant including the loss of their liberty and a debilitating criminal record.…
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…
It is a nightmare scenario when a defendant is accused of having injured a police officer in the line of duty. Both the courts and probation office are reluctant to give defendants any benefit of doubt or leeway in such circumstances. The message is clear: You mess with public officials…
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…
The enactment of freedom of information laws means that the public is a lot more aware of its rights in terms of accessing vital information about the community. This becomes even more critical when the information relates to personal issues such as criminal history. Individuals may request for this information…
Nobody really likes to get arrested unless they are running away from an even greater threat to their lives. Therefore, the crime of resisting arrest in Chicago is not as uncommon as one might first assume. Currently this is considered to be a misdemeanor which is a follow-on offense that…