The Mandatory Criminal Fines ConundrumBy Jennifer Donnelly and Steve DellingerApril 2015Article, Page 28Judges typically rely on the circuit clerk to determine mandatory fines, but the clerk often goes further and actually imposes them, which makes the fines void. This article proposes some solutions.
Ignorance of the law - an excuse after all?By Matthew HectorFebruary 2015LawPulse, Page 12The Supreme Court ruled that a "reasonable mistake of law" can provide reasonable suspicion to justify a traffic stop. Are police being held to a lower standard than ordinary citizens?
Court-mandated risk assessment evaluationJanuary 2015Illinois Law Update, Page 16While setting bail and the conditions of release under the Code of Criminal Procedure of 1963, the court may order a risk assessment evaluation for a respondent facing any of the following charges:
E-filing comes to criminal courtBy Matthew HectorDecember 2014LawPulse, Page 566Effective last September, the Illinois Supreme Court expanded its electronic filing standards to include criminal and traffic cases.
When Criminal Evidence Goes MissingBy Colby G. HathawayOctober 2014Article, Page 490What happens when police destroy evidence or prosecutors don't disclose it? This article explains when defendants can claim due process violations and seek discovery sanctions.
Citizen Tips and the Fourth AmendmentBy Rob ShumakerJuly 2014Article, Page 336More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.
Aggravated battery of a nurseMay 2014Illinois Law Update, Page 220The Criminal Code of 2012 has been amended by adding another aggravated battery offense.
Silence as Self-Incrimination after Salinas v. TexasBy Robin B. MurphyApril 2014Article, Page 184After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.
Revestment doctrine exists but rarely applies, high court rulesBy Janan HannaMarch 2014LawPulse, Page 114The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.
A Guide to the Confrontation ClauseBy Geoffrey BurkhartJune 2013Article, Page 304When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.
Clerk to furnish lists of moving violations involving taxi drivers. PA 097-1062December 2012Illinois Law Update, Page 632A new section of the Taxi Safety Act of 2007 now requires that, when vehicle citation records are not readily available for a particular taxi or registered taxi driver, the appropriate circuit-court clerk must provide a list of moving violations, if any, to a governmental unit upon request. 625 ILCS 55/15 new.
A trio of laws to curb texting, phoning behind the wheelBy Adam W. LaskerOctober 2012LawPulse, Page 514The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.
The Real Prisoner’s DilemmaBy Hon. Ron SpearsAugust 2012Column, Page 442Defendants have a Constitutional right to effective counsel during plea bargains.
Crime victims’ rights amendment won’t appear on November ballotBy Adam W. LaskerJune 2012LawPulse, Page 286A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.