The Illinois Supreme Court reversed the decision of a lower court of appeals and reinstated the first-degree murder conviction and 70-year sentence of Mark Downs, who shot and killed a 6-year-old boy, Nico Contreras, in his sleep. The convicted murderer fired a gun into a bedroom window at the Aurora…
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Obtaining DNA in Chicago Criminal Cases
Police were able to tie a suspect to a quadruple homicide that took place in the nation’s capital in mid-May after finding DNA on pizza crust left in the home. The suspect’s DNA was already in the criminal database as a result of past crimes. Legal Requirements to Obtaining Chicago…
Decriminalization of Marijuana One Step Closer in Illinois
The Illinois House of Representatives passed a bill that would decriminalize possession of marijuana. Passage comes on the heels of a recent announcement made by Cook County state’s attorney Anita Alvarez that her office will no longer prosecute minor pot cases. The bill must pass the Senate before being transmitted…
Anything You Say – or Don’t Say – Can and Will Be Used Against You in Court
The 5th Amendment right against self-incrimination is one of the most well-known rights in criminal defense, right up there with the right against unlawful search and seizure and the requirement that police read suspects the Miranda warnings. Yet a criminal suspect doesn’t always have “the right to remain silent”, and…
New Crime Bill Would Extend Statute of Limitations for Some Chicago Crimes
Legislation introduced by Illinois State Senator Michael Hastings (D-Tinley Park) would extend the statute of limitations for armed robbery, home invasion, kidnapping or aggravated kidnapping if these crimes were committed during the course of a sex crime. Illinois Statute of Limitations Statutes of limitation are imposed to encourage people to…
Plea Bargains in Chicago Criminal Cases
A criminal defense attorney’s goal is to obtain the best possible outcome for his client. Ideally, this would be a dismissal of all charges prior to trial or, barring that, an acquittal. But in some cases, the best course of action is to enter into a plea agreement. Reasons for…
Illinois Supreme Court Orders New Trial Due to Ineffective Counsel
A Cook County man’s conviction for first-degree murder was overturned, and a new hearing ordered, after the Illinois Supreme Court ruled that his defense attorney provided ineffective counsel for failure to object to testimony regarding the defendant’s confession. Ineffective Assistance of Counsel Watch any crime procedural on television or in…
DuPage County Man Charged with Possession of Child Pornography
A Wheaton man was arrested in late January and charged with four counts of possession of child pornography. A forensic examination of the defendant’s home computer, which was seized following the issuance of a search warrant, uncovered evidence of child pornography that had been downloaded to, and distributed from, the…
Chicago Burglary Suspect Nabbed Due to Stolen Lottery Tickets
An Evanston man was arrested and charged with burglary for allegedly breaking into three Elgin gas stations last month and stealing cash and Illinois state lottery tickets. Illinois Burglary Requires Intent to Steal Under Illinois law a person commits the crime of burglary if: He knowingly enters a building; The…
Attempted Murder, Retail Theft Charges against Chicago Man Who Shot at Police
A Chicago man was arrested last week and charged with attempted first-degree murder after allegedly firing at two Chicago police officers as they were arresting him for shoplifting. The defendant allegedly fired once, though nobody was injured; he continued to fire not realizing the clip had fallen out. Attempted First-Degree…