On Sept. 28, 2018, the First District Appellate Court of Illinois held that a defendant raising a freestanding actual innocence challenge after previously entering a guilty plea must present a truly persuasive demonstration of innocence in the form of compelling evidence.
Nervousness, a criminal history, and other odd behavior are not enough to create a reasonable suspicion of criminal activity during a traffic stop, according to the fourth district.
On Aug. 6, 2018, the Fourth District Appellate Court of Illinois held that the one-act, one-crime doctrine is not violated when each count requires a different act.
The Illinois Appellate Court ruled that a trial court failed to ask follow-up questions after a defendant made a claim of ineffective assistance of counsel. Additionally, pepper spray used on a store clerk is a "dangerous weapon" within the meaning of the armed robbery statute.
In July 2014, defendant Darren Johnson was arrested for shoplifting $76.91 worth of clothing from a local Wal-Mart. The state charged the defendant with retail theft and burglary.
The Illinois Vehicle Code is amended to allow the court to give credit toward the fulfillment of community service hours for participation in activities and treatment as determined by court services.
The Code of Criminal Procedure of 1963 is amended by changing section 122-1 (725 ILCS 5/122-1) to allow for petitions in the trial court for those imprisoned that can establish their participation in a felony was a direct result of post-partum depression or psychosis, or if no direct evidence of these mental states was presented at trial or sentencing.
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.
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.
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)).
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.
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.
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.
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.
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.
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 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.
Thompson makes it easier for witnesses to provide lay opinion indentification testimony based on reviewing a recording. This article discusses the case's implications.
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.
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?
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.
