Under this new section in the Crime Victims Compensation Act ("CVCA"), new restrictions have been placed on vendors seeking to collect debts from crime victims.
Does a stop's illegality taint the evidence obtained from it? A Fourth Amendment debate in the federal courts could spill over into Illinois criminal cases.
In a show-up, police bring a suspect back to the scene for a witnesses i.d. This article discusses its inherent risks and suggests that face-recognition technology may offer an alternative.
The sweeping legislation also expands police officer training beyond the academy, bans chokeholds, and clarifies that citizens may film police officers, among other changes.
The "Hate Crime," "Institutional Vandalism," and "factors in aggravation and extended-term sentencing" sections of the Criminal Code of 2012 (the "Criminal Code") have been amended.
According to a news report and a criminal defense lawyer, internal audits of the Illinois State Police crime lab's toxicology section reveal fundamental problems with the section's testing methodology.
On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.
Recent cases from the United States and Illinois Supreme Courts hold that an officer's objectively reasonable mistake of law can justify a traffic stop.
On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.
Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.
This bill would amend both the State Records Act and Local Records Act in regard to procedures for destruction of arrest records for arrests based on mistaken identity.
HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.
After police said dashcam videos of a traffic-related marijuana arrest didn't exist, the defendant announced he already had them. How? He got them in response to a FOIA request.
Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.
Where before only law enforcement and correctional facilities could provide individuals with their criminal history transcripts, a new rulemaking by the Department of State Police allows licensed fingerprint vendors to provide this service for a fee.
Governor Rauner's Commission on Criminal Justice and Sentencing Reform has a goal of reducing the population of Illinois' overcrowded prisons by 25 percent over 10 years.
Judges 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.
The 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?
While 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:
Last year, more crimes were added to the list requiring recording of custodial interrogations, and the criminal code will soon change to reduce the risk of mistaken eyewitness identification.
A criminal record can be an insurmountable hurdle for job-seeking clients in a tough market. Here's how you can help them move beyond their criminal pasts.
What 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.
The Riley court established a rare bright-line rule under the Fourth Amendment when it declared that data searches of cell phones - regardless of type - are unlawful incident to arrest.
After 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.
The 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.
