Recent Blog Posts
I Asked for a Lawyer – Now What?
If you are being questioned by the police, you definitely need a criminal defense attorney. This is true even if you have not officially been charged with a crime. The police may tell you that you are a "person of interest" in their investigation. While this term sounds fairly benign, giving you the impression that they believe you might be a witness, this does not mean you should answer their questions.
Remember, police officers are allowed to lie to and trick suspects. They are taught the skills necessary to do this and routinely employ these tactics. Regardless of how "friendly" the officer seems, remind yourself that he or she will stop being friendly the moment you provide the information needed to build a case.
So, assume that you fully understand you should never speak to the police without an attorney, and you tell the officer politely that you will not answer questions without a lawyer present. The officer leaves, and you realize that you do not have a single clue as to what you should do next. Most of us do not have an attorney on speed dial and may never have even considered who we would call in the event we needed an attorney.
What Are the Differences Between Kidnapping and Abduction?
Although the terms "kidnapping" and "abduction" are often used interchangeably, legally speaking, they can be two different, distinct criminal offenses in some states. Both crimes are serious felonies. Kidnapping is the forcible stealing or carrying away of a person by force, threat, deceit, or with intent to cause the kidnapped person harm.
Abduction involves persuading a person to come with you (usually a child that is known to the abductor), taking a person by fraud, or taking a person by open force or violence. Both terms refer to the unlawful detainment or taking of one person by another. The term abduction is usually used in reference to a family relationship, such as when one parent abducts his or her child from the other parent.
Kidnapping is more often used to describe a person taking a stranger against that person’s will and with no lawful authority. In the state of Illinois, kidnapping and abduction are separate crimes. The Illinois kidnapping statute is found at 720 ILCS 5/10-1 in the Criminal Code, while the abduction statute is found at 720 ILCS 5/10-5 in the Criminal Code.
Is Illinois Domestic Battery a Misdemeanor or Felony?
A 46-year-old Alton man allegedly struck a woman in the face with his closed fist, sprayed her in the face with Febreze, and caused more than $500 in damage to the victim’s pickup truck. The two lived in the same household, making the crime a domestic battery case. The man was charged with domestic battery, property damage, and aggravated battery, and remanded to jail, with additional conditions added for pre-trial release.
These are very serious charges with potentially serious penalties in the event of a conviction. If you are facing serious criminal charges, the most beneficial thing you can do is speak to an experienced Will County, IL criminal defense lawyer. Your attorney will comprehensively evaluate the facts and circumstances of your case, building a strong defense on your behalf.
Drug Charges: Possession or Intent to Deliver?
A 37-year-old Cook County man was recently arrested on drug charges after illegally crossing railroad tracks. According to Palatine police, the man crossed the railroad tracks while the warning signals were active, prompting officers to approach him as he sat in an Audi R8 parked near the tracks. The officers reported that when they reached the car, they could clearly see the man in the driver’s seat with cocaine in his possession.
A further search of the vehicle and the man led to the discovery of 30 grams of cocaine, along with pills containing amphetamine. The man was charged with Unlawful Possession of a Controlled Substance with Intent to Deliver, Unlawful Possession of a Controlled Substance, Possession of Drug Paraphernalia, and Pedestrian Disobeying a Traffic Control Device. These are serious charges with harsh penalties. If you have been charged with cocaine possession or possession with the intent to deliver, speaking to an experienced Grundy County, IL criminal defense lawyer is extremely important.
What is a "Free Air Sniff" by K9s – And Is It Legal?
In January 2025, two people were arrested after a Lake County K9, Duke, sniffed out drugs during a traffic stop. After conducting a "free air sniff" around the vehicle’s exterior, Duke alerted to the presence of narcotics. The police searched the vehicle and found over half a kilogram of cocaine powder.
Many people have not heard of a free air sniff, but there is plenty of controversy over the practice across the United States. If you have been arrested for drug possession after a free air sniff by a K9 and a subsequent search of your vehicle or home, it is important that you take these charges very seriously. It is in your best interests to speak to a knowledgeable Will County, IL drug possession lawyer.
What the Supreme Court Says About Free Air Sniffs by K9s
While the use of drug dogs is a fairly settled issue, two 2012 cases from Florida sought to change that. Drug dogs are allowed to sniff free air so long as they are not unlawfully in the location. To this end, the dogs are allowed to sniff packages, people, luggage, and vehicles so long as the K9 keeps his or her nose from actually touching a person, vehicle, luggage, or package, meaning the K9 is sniffing "free air."
Will You Qualify for an Illinois Hardship License After a DUI?
While little hard data exists, it is estimated that more than 11 million people in the U.S. have had to deal with a driver’s license suspension. While many of these suspensions are for DUI convictions, others are due to debt-based reasons, such as failure to pay traffic fines or court fees. Driver’s license suspensions can also result from a failure to pay child support or a failure to appear in court.
In some cases, drivers can benefit from a hardship license or another form of restricted driver’s license. Driver’s license suspensions disproportionately affect those with lower socioeconomic status and people of color and can directly affect a person’s ability to work, receive health care, attend school, and handle other essential life issues. The ability to drive provides freedom and flexibility to commute, maintain social and professional connections, and manage necessary errands.
Lawmakers Attempt to Make Youth Sentencing Reforms Retroactive
Although Illinois banned life sentences for juvenile offenders under the age of 21 in 2023 (Public Law 102-1128), the law was not made retroactive. A bill to ensure that juvenile offenders who are already serving life sentences receive the same consideration stalled last session. While lawmakers tried again this year, the bill failed on a 49-51 vote on April 11.
A young man who was with his cousin in 1998 when the cousin robbed a store and killed two people – and who has consistently claimed he had no idea what his cousin planned – is currently serving a life sentence under the "accountability theory." The young man had no weapon, physically killed no one, and his cousin confessed to the murders.
Can I Legally Turn Around at an Illinois DUI Checkpoint?
Perhaps you have been to an after-work party to celebrate the retirement of one of your co-workers. You have an enjoyable time and leave the party to drive home, confident that you are not impaired because you only had a couple of beers. Then, on your way home, you realize that there is a DUI checkpoint up ahead.
You weigh your options – the slightest chance that you might test above the 0.08 percent BAC, against looking for a place to turn around and finding a different way home. Or, perhaps you do not even realize there is a DUI roadblock until you are there, with no way to turn around. If you are facing DUI charges, it is extremely important that you speak to an experienced Grundy County, IL DUI lawyer.
What Are the Requirements for Legal Sobriety Checkpoints?
Under Illinois Statute, sobriety checkpoints are only legal when they are conducted in a non-arbitrary and systematic manner. The police must have a plan for stopping vehicles, which avoids the appearance of choosing only cars where the driver, at a mere glance, seems impaired. Often, the police will choose to stop every fourth vehicle or something similar.
Driver’s License Suspensions for Missed Court Dates Ending
As of January 1, 2025, residents of Illinois will no longer have their driver’s licenses suspended as a result of failure to appear in court for minor traffic violations. It is easy to be so busy that you forget to appear in court for running a stop sign. Before this new bill, a warrant would be issued, your driver’s license would be suspended, and what began as a relatively minor issue could quickly snowball into a huge mess that haunted you for months or even years.
New fines and fees would be assessed, and you could receive a ticket for driving on a suspended license – even if you were unaware your license was suspended. The end result was unjust penalties that disproportionately harmed low-income residents. Governor JB Pritzker signed HB277 into law, ensuring that the state no longer imposes a severe penalty for minor infractions that have previously cost individuals their jobs.
Could You Be Eligible for a Deferred Prosecution Agreement?
After being arrested for a criminal offense in Illinois, you may wonder if you are eligible for a deferred prosecution agreement. These programs offer non-violent or first-time offenders a way to avoid a criminal conviction and the associated consequences. Rather than go through the incredible stress of a trial, wondering whether you will soon be behind bars, you are allowed to complete detailed conditions and requirements through the program.
Once the program is successfully completed, your charges could be dismissed, leaving you without a criminal record. If you believe you might be eligible for an Illinois deferred prosecution agreement, speaking to an experienced Grundy County, IL criminal defense lawyer can be a positive step forward. Your attorney can help you determine whether you are eligible and, if so, guide you through the process.






