Publications

Articles on Criminal Law and Procedure

Illegal Stops and the Exclusionary Rule after Utah v. Strieff

By Julia Kaye Wykoff
December
2017
Article
Page 32
In Utah v. Strieff, the police stopped a suspect illegally but discovered there was a warrant for his arrest. The U.S. Supreme Court ruled that evidence found during the subsequent search was admissible despite the illegal stop thanks to the discovery of the warrant. This article reviews the implications of Strieff for prosecutors and defense lawyers.

Prosecutor’s inability to contact state trooper for almost two years to appear as a witness is not due diligence

December
2017
Illinois Law Update
Page 16
The court found that the State's due diligence requirement for a 60-day extension of the speedy trial statute provision of 725 ILCS 5/103-5(c) (2014) was not satisfied where a trial was delayed for almost two years by the prosecution's inability to bring the state trooper to court.

Absolving search fees for persons on parole

November
2017
Illinois Law Update
Page 20
Amendments to the Vital Records Act ensure that a search fee for birth and death records will not be required if the person presents a prescribed verification form completed by the Department of Corrections with the person's date of birth and social security number (410 ILCS 535/25(1)).

Bail reform to distinguish classes of offenses and reconsider release for indigent defendants

November
2017
Illinois Law Update
Page 20
The Bail Reform Act of 2017 seeks to simultaneously promote public safety and protect the rights of the accused in Illinois' criminal justice system.

Former state’s attorney’s ‘felony enforcement’ unit back in the news

By Matthew Hector
November
2017
LawPulse
Page 14
The controversy surrounding former LaSalle County State's Attorney Brian Towne's so-called "SAFE Unit" continues.

New Law Broadly Expands Sealing of Criminal Records

By Janaan Hashim
November
2017
Article
Page 32
Until now, only nine felonies qualified for sealing of records. With passage of HB 2373, nearly all felony convictions qualify. Here's what the expansion could mean for your client.

“Other crimes” testimony is more prejudicial than probative where defendant was not permitted to inform jury of acquittal

October
2017
Illinois Law Update
Page 18
Defendant Joe Rosado was convicted by a jury of delivery of cocaine within 1000 feet of a high school. In a previous trial before the same judge, a different jury had acquitted Defendant of delivering a controlled substance to an undercover police investigator.

Defendants entitled to counsel at bail hearings

September
2017
Illinois Law Update
Page 18
Persons charged with a criminal offense are allowed counsel at bail hearings. If a defendant wants counsel for the initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney to represent him or her for the purposes of that hearing.

From the Discussions - Can you expunge only part of a criminal file?

September
2017
Article
Page 42
Q. Can you expunge dismissed counts of a file when one count is not yet eligible for expungement but all counts are in the same file?

Using Certificates of Good Conduct for Clients with Criminal Records

By Anthony Gough
September
2017
Article
Page 36
Eligible offenders can petition the court for a certificate of good conduct, which among other things lowers the liability risk for employers who hire them. Here's why and how to help your client get one.

Defendant’s passport, probation card, and prescriptions found inside of apartment were not sufficient to show that defendant lived in the apartment

July
2017
Illinois Law Update
Page 18
Terrell was convicted of unlawful possession of a weapon and multiple counts related to drug possession and intent to distribute after officers found the illegal items in an apartment that contained items linked to him.

A nexus can exist between the offense, items to be seized, and the place to be searched 10 days after the commission of a crime

July
2017
Illinois Law Update
Page 18
Rodriguez was convicted of first-degree murder when he was 15-years-old. On appeal, Rodriguez argued that the trial court erroneously denied his motion to suppress evidence found during a search of his home.

Terry Stops: Cracking the Code of Reasonable Suspicion

By Sean A. Brown
July
2017
Article
Page 42
Terry v. Ohio allows police to briefly detain someone if they have a reasonable suspicion he or she is engaged in criminal activity. But when is suspicion reasonable? This article looks at the cases and offers tips for filing and challenging Terry-based suppression motions.  

People v. Thompson New Rule for Identifying Defendants in Video Recording

By John M. Zimmerman
June
2017
Article
Page 36
Thompson makes it easier for witnesses to provide lay opinion indentification testimony based on reviewing a recording. This article discusses the case's implications.

Eligible individuals recently released from DOC or DOJJ may apply for standard ID cards

May
2017
Illinois Law Update
Page 16
This Act amends the Illinois Identification Card Act and Unified Code of Corrections to discontinue the issuance of identification cards by the Department of Corrections (DOC) and the Department of Juvenile Justice (DOJJ) to recently released persons.

Possible changes for criminal defendants regarding bail procedure and requirements

May
2017
Illinois Law Update
Page 16
Several proposals were submitted in the House that would change procedures for setting bail, posting bail, and modifying bail requirements.

Has Cannabis Really Been Decriminalized in Illinois?

By Esther Seitz
April
2017
Article
Page 30
Public Act 099-0697 greatly reduced the stakes for marijuana possession. But is using pot really a civil law violation? If so, how does that affect the process due a defendant under the law?

Lawsuit challenges warrantless cellphone tracking

By Matthew Hector
March
2017
LawPulse
Page 22
A Chicago lawyer is suing the city and other defendants for gathering cellphone information in a way that violates individual privacy and should require a warrant.

Warrantless arrest at defendant’s residence was not supported by probable cause

March
2017
Illinois Law Update
Page 28
The appellate court reversed and remanded the trial court's denial of Gutierrez's motion to quash arrest and suppress evidence.

From the Discussions - Traffic Stop Identity Swap

February
2017
Article
Page 43
Q. A nephew stopped for a speeding ticket gave his uncle's name - what should the uncle do?

ISBA-backed legislation would require notice of immigration consequences of guilty pleas

By Matthew Hector
February
2017
LawPulse
Page 14
Other legislative proposals include altering the way life insurance proceeds are distributed to former spouses and increasing the credit defendants receive toward fines for time spent in jail.

Conviction overturned as a result of involuntary consent

January
2017
Illinois Law Update
Page 20
The Fifth Appellate District reversed a defendant's conviction after he was denied a motion to quash arrest and suppress evidence and statements on the basis of involuntary consent.

Reforming the ‘fundamentally unfair’ cash bail system

By Matthew Hector
January
2017
LawPulse
Page 14
Some want to eliminate the requirement for cash bail, while others think less sweeping changes will keep poor defendants from being unfairly put behind bars.

Writs of Mandamus: What They Are, Why They Matter, and When to Use Them

By R. Joseph Cook and Michael Morthland
December
2016
Article
Page 34
In response to a recent Illinois Supreme Court decision, petitions for writ of mandamus will be on the rise in criminal-law practice. Here's how they work.

Remembering the Richard Speck Trial

By Mark J. Phillips and Aryn Z. Phillips
November
2016
Article
Page 46
Richard Speck's brutal murder of eight student nurses in Chicago 50 years ago shocked America, and the highly publicized trial posed tough challenges to the Illinois criminal justice system.

Sexual assault victims granted stricter protections and timely transfer of evidence from hospital to police

November
2016
Illinois Law Update
Page 18
Upon the completion of hospital emergency services and forensic services, health care professionals providing forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing.

From the Discussions - What’s happening with cases pending before cannabis decriminalization took effect?

October
2016
Article
Page 48
Q. How are state's attorneys and judges handling cases for possession of small amounts of cannabis that are pending after the new cannabis decriminalization law took effect?

Possession of small amounts of cannabis now civil offense

October
2016
Illinois Law Update
Page 18
The Cannabis Control Act has been amended to provide lesser punishments for possession of small amounts of cannabis.

When in custody, one must knowingly and intelligently waive Miranda rights

October
2016
Illinois Law Update
Page 18
The Third District Appellate Court reversed an order denying respondent's motion to suppress his confession because he did not knowingly and intelligently waive his Miranda rights.

Bath salts are a Schedule I drug

September
2016
Illinois Law Update
Page 18
On July 8, 2015, the governor signed SB 1129. The bill amends the definition of controlled substance in 720 ILCS 570/102 to include synthetic drugs.

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