Illinois criminal defendants have a guaranteed right to a speedy trial under Illinois state law. Depending on the circumstances, a defendant must be brought to trial within 120 to 160 days following his arrest. There are also situations that can stop the speedy trial clock from running. If you’ve been…
Chicago Criminal Lawyer Blog
Illinois Lawmaker Seeks to Extend Statute of Limitations in Some Rape Cases
A new bill introduced in the Illinois legislature would extend the statute of limitations in some rape cases. Senate Bill 2609 seeks to change when the statute of limitations in rape cases begins to run. Current law provides that the statute of limitations in rape cases begins to run on…
Illinois May Decriminalize Possession of Small Amounts of Marijuana
The Illinois legislature is considering enacting new laws that would decriminalize possession of small amounts of marijuana. The proposed bills fall short of legalizing pot, as Colorado and Washington do, but would instead align Illinois with 16 other states that no longer incarcerate individuals caught with small amounts intended for…
Illinois Police Conduct Unlawful Search and Seizure in Traffic Stop
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…
Illinois Audio Eavesdropping Act Declared Unconstitutional
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…
Chicago Assault and Battery Crimes – What’s the Difference?
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…
Felony Aggravated Assault with a Vehicle in Illinois
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 & Domestic Violence
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…
Chicago Criminal Defense of Stop and Frisk
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!
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…