For decades, the War on Drugs in the U.S. has resulted in massive arrest efforts and pushes to maximize penalties for even minor offenses. However, critics of this so-called war have been quick to point out that these law enforcement tactics have done little more than...
Chicago Criminal Law Blog
Are assault and battery the same thing?
People who are arrested after a fight or altercation can be very upset. These situations often arise when emotions are running high and people are already quite angry or scared, and being put in handcuffs in the back of a police car can only increase the level of...
2nd reversal in murder case shows justice system imperfections
It is a fact of the human condition that we make mistakes. As much as we would like to think our social structures, institutions and systems are without flaw, the reality is that they reflect merely reflect our ideals. They are only as good as the human beings who run...
Rule of law doesn’t mean a rule can’t change
One of the things about the law that may seem paradoxical is just how stretchy the fabric of justice can be. The language of a given law does not change, but the way it is applied does not stay static. Over time, new challenges may be brought and different courts may...
If ‘felony’ is part of the charge, it can be considered major
As experienced criminal defense attorneys in Chicago know, major felonies get particular attention from prosecuting attorneys. But what constitutes a "major" felony? That's something that's a little harder to answer.Certain criminal charges are easy to identify as...
Court asked to throw out manslaughter case over police recording
For most people the concept of law is probably quite simple. There are behaviors that are deemed illegal and there are laws on the books that spell out what they are. Violators of the laws get charged with the crime by the government and, if they're found guilty, they...
What constitutes ‘probable cause’ in a criminal case?
One of the cornerstones of the U.S. law enforcement system is that police are not supposed to be able to place a person in custody without probable cause.That's such a common term that many people in Chicago may think they know what it means, but do they really? If...
In drug crimes cases, what court you’re in makes a difference
There are a lot of laws on the books to address drug abuse and marketing of drugs in the United States. Every state, including Illinois, has its set of laws. The federal government has its laws, too. As you work your way down through the various levels of jurisdiction...
Many in Illinois still adjusting to concealed weapons concept
Not too long ago, we took the opportunity in an article to make some observations about the shift regarding the law on concealing and carrying handguns. As we shared in that item, Illinois law didn't allow the carrying of concealed weapons. But just over a year ago,...
Child porn case shows judicial rift on sentencing guidelines
Chicago readers old enough to remember the 1970s television series "Baretta" will also likely remember the phrase from the theme song, "Don't do the crime if you can't do the time." The implication of that seems to be that being convicted of a particular crime elicits...


