Election and Voting Related Charges in Illinois

A variety of Illinois election and voting related crimes are defined in 10 ILCS 5 as shown below.  These crimes include election misconduct, voter fraud, buying votes, ballot box stuffing, etc.:

Perjury Charges in Illinois

Perjury is the crime that a person can be charged with for lying under oath in Illinois. The crime of Perjury in Illinois is defined by 720 ILCS 5/32-2 as follows:

Handling Illinois Criminal Charges from Out-of-State

Many of the people in Illinois who face a criminal or traffic charge are from out of state.  Indeed, it is easy for a visit to relatives or a vacation in Illinois to result in a traffic ticket or a more serious charge.  For such individuals, it is of great importance to handle the case properly.

Unlawful Possession of a Firearm by a Street Gang Member Charges in Illinois

The crime of Unlawful Possession of a Firearm by a Street Gang Member in Illinois is defined by 720 ILCS 5/24-1.8 as follows: (a) A person commits unlawful possession of a firearm by a street gang member when he or she knowingly: (1) possesses, carries, or conceals on or about his or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his … Continued

Gunrunning Charges in Illinois

The crime of Gunrunning in Illinois is defined by 720 ILCS 5/24-3A as follows: (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24-3 of this Code. (b) Sentence. A person who commits gunrunning: (1) is guilty of a Class 1 felony; (2) is guilty of a Class X felony for which the sentence shall be a term of imprisonment of not less than 8 years and … Continued

Severing Multi-Defendant Trials in Illinois

In Illinois, multiple defendants can be charged with the same or similar crimes in the same charging document, the information or indictment. A criminal defendant or the State may want to file a motion to sever the co-defendants if prejudiced by the joinder of the co-defendants.

Methamphetamine Charges in Illinois

In Illinois, possession, deliver, and manufacture of methamphetamine is illegal and are punished rather harshly. The punishments vary according to the amount of methamphetamine involved. Knowing possession of methamphetamine without

Drug Court in Illinois

The Drug Court Treatment Act was authorized to reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction in the State of Illinois. Pursuant to the Act, each judicial circuit within the State of Illinois must establish a drug court program. A Defendant may attend drug court as an alternative to a term of imprisonment.

Heroine Charges in Illinois

In Illinois it is a crime to possess, deliver, manufacture, and traffic heroin. The Illinois Controlled Substances Act details the guidelines and penalties that Illinois courts follow in sentencing individuals under the Act.

Unlawful Use of Body Armor Charges in Illinois

Illinois law makes it the separate crime of unlawful use of body armor for a person to wear body armor while committing another crime. This law can be seen in 720 ILCS 5/33F-2, which provides as follows:

Illegal Gambling Charges in Illinois

In the state of Illinois, gambling is generally a crime unless it is done in a way that has been legalized, such as the Illinois Lottery or at a licensed casino.  The crime of gambling is defined by 720 ILCS 5/28-1 follows:

Postconviction Relief Proceedings in Illinois

Postconviction relief proceedings in Illinois are governed by 725 ILCS 5/122. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing. Typically, postconviction relief actions are initiated after the criminal defendant’s direct appeals have been exhausted

Armed Violence Charges in Illinois

The crime of Armed Violence in Illinois is defined by 720 ILCS 5/33A et seq. It is a serious felony in charge in Illinois that can carry decades in prison for those who are convicted. Contrary to the common-sense reading of the name of charge, a person need not commit any act of violence to be charged with armed violence in Illinois.

Probation Violations in Illinois

If a criminal defendant has allegedly violated his or her probation in Illinois, the court can issue a notice or a summons to the defendant to be present for a hearing or order a warrant for the defendant’s arrest if the defendant is a flight risk, causes serious harm to others, or

Sexual Exploitation of a Child Charges in Illinois

The crime of Sexual Exploitation of a Child in Illinois is defined by 720 ILCS 5/11-9.1: (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes his or her sex organs, anus or breast for the … Continued

Speedy Trial in Illinois Criminal Cases

The right to a speedy trial is guaranteed by the United States Constitution and the Illinois Constitution. Illinois also has codified the speedy trial guarantee in a statute—725 ILCS 5/103-5. Illinois has two speedy trial rights, depending on whether the defendant is

Arson Charges in Illinois

An individual who is charged with Arson in Illinois faces severe penalties. Arson is the intentional act of setting fire to real or personal property. There are three different types of Arson in Illinois, and each type carries with it a different penalty

Murder Charges in Illinois

The crime of Murder in Illinois is defined by 720 ILCS 5/9-1 as the crime a person commits by killing another person under certain circumstances.

Criminal Damage to Property Charges in Illinois

The crime of criminal damage to property is defined in Illinois by 720 ILCS 5/21-1 as follows. Criminal damage to property is commonly thought of as “vandalism” but can also cover other offenses in Illinois.

Criminal Trespass to Vehicles Charges in Illinois

The crime of Criminal Trespass to Vehicles is defined by 720 ILCS 5/21-2 as the crime a person commits when he or she knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile.

Appealing a Criminal Conviction in Illinois

In Illinois, an individual has the right to appeal a criminal conviction. If an individual was found guilty either by a jury or at a bench trial, they may appeal their conviction and sentence

Home Invasion Charges in Illinois

In Illinois, the crime of home invasion is defined by 720 ILCS 5/19-6 as the crime a person commits when without authority he or she knowingly enters the dwelling

Sentencing Guidelines and Factors in Aggravation and Mitigation in Illinois Criminal Cases

Illinois law requires a sentencing judge in a criminal case to consider a series of factors when determining a sentence to impose upon a defendant who has been convicted of a crime.  There are factors in aggravation, which suggest a harsher sentence, and factors in mitigation, which suggest a lighter sentence.  Those factors and additional guidance as to sentencing are

Cocaine Possession with Intent and Manufacture or Delivery Charges in Illinois

In the state of Illinois, the Controlled Substance Act (720 ILCS 570/200, et seq) prohibits possession of cocaine. Under Illinois law, possession of cocaine is treated very seriously and is always a felony charge.  That differs from many states, which have a misdemeanor charge when a small amount of cocaine is possessed for personal use.

Illinois Misdemeanor Sentences

Illinois law provides for 3 classes of misdemeanors, each of which carries a different possible sentence.  This article addresses those Illinois misdemeanor sentences.

Illinois Felony Sentences

Felonies in the state of Illinois come in several different classes, each which has a different range of prison terms and other penalties.  This article discusses those felony classes and punishments in Illinois.

Forgery Charges in Illinois

Illinois law (720 ILCS 5/17-3) defines forgery as the crime committed when a person does any of the following actions:

Harassment Charges in Illinois

The state of Illinois defines the various crimes of harassment through different means of communication in 720 ILCS 5/26.5-0.1. To understand IL harassment it is first important to

Domestic Battery Charges in Illinois

The crime of domestic battery is defined by 720 ILCS 5/12-3.2 as the crime a person commits when he or she knowingly without legal justification by any means causes bodily

Expungement in Illinois

In Illinois, an individual may request an expungement to clear certain charges from their criminal record. Only certain charges are eligible for expungement, and it is best to first determine if the charge is eligible before

Shoplifting Charges in Illinois

In the state of Illinois, there is no specific charge of “shoplifting” which means that a person accused of shoplifting is often charged with Theft under

Residential Burglary Charges in Illinois

The Illinois crime of Residential Burglary (often abbreviated as Res Burg) is defined by 720 ILCS 5/19-3 as the crime a person commits when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another

Burglary Charges in Illinois

In Illinois, burglary is defined by 720 ILCS 5/19-1 as the crime a person commits when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft

Robbery Charges in Illinois

Robbery charges in Illinois are defined in a few different ways, which the crimes of Robbery, Aggravated Robbery, and Armed Robbery.  All three types of robber in Illinois are

Theft Charges in Illinois

In Illinois, the crime of theft is defined in 720 ILCS 5/16-1 as the crime a person commits when they 

Arraignment in a Criminal Case in Illinois

In Illinois, those charged with criminal offenses (which range from speeding tickets to misdemeanors and felonies) have a court appearance called an Arraignment.  The Arraignment happens at the beginning of the case, often the first or second

Illinois Sex Offender Law – Who is Required to Register

The Illinois law concerning sex offender registration is one of the more complex ones in the country.  Illinois also imposes serious penalties for those who are convicted of failure to register.  For that reason, any person who

Promoting Prostitution Charges in Illinois

In Illinois, it is a crime to promote prostitution.  The Illinois Compiled Statutes (ILCS) defines the crime of promoting prostitution as follows in 720 ILCS 5/11-14.3:

Prostitution Charges in Illinois

In the state of Illinois, prostitution is prohibited by 720 ILCS 5/11-14.  Prostitution is defined by Illinois law as a crime committed when a person who knowingly performs, offers or agrees to perform any act of

A Self Defense Gun Case from Rock Island County, Illinois

Earlier this year, I had the honor of representing a woman named Judy, who used her gun to defend herself, her sister, and her sister-in-law after they were violently attacked in a parking lot in Rock Island County, Illinois. Much to her surprise, Judy was charged in Case Number 2010CF1076 in Rock Island County, Illinois, after telling the police about the attack she suffered. After a variety of motion hearings, we proceeded to a jury trial on February 7, 2012. … Continued

Criminal Sexual Assault in Illinois

In 1961, the State of Illinois revamped it criminal laws, eliminating the crime of “rape.”  In place of “rape,” a variety of new crimes were created, including “criminal sexual assault.”  Under Illinois law (720 ILCS 5/12‑13) the crime of criminal sexual assault is committed when a person does any of the

Assault and Aggravated Assault Charges in Illinois

In the State of Illinois, the crime of Assault is defined by law (720 ILCS 5/12 et seq.) to be conduct that “without lawful authority . . . places another in reasonable apprehension of receiving a battery

Marijuana (Cannabis) Possession Charges in Illinois

In Illinois, the legal term for Marijuana is “Cannabis,” rather than “Marijuana,” “weed,” “grass,” “ganja,” etc.  Possession of Cannabis is a serious crime in Illinois, and anyone charged