Criminal Defense Procedural Law in Illinois
Criminal Defense Procedural Law refers to the body of law that ensures that each case brought to court is treated justly. In our guide to Illinois criminal procedural law, understand what rules govern the police and the appointed judges.
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- ⇒ Criminal Defense Procedural Law in Illinois
What to Do (and Not to Do) If Stopped by Police in IllinoisMany individuals experience the uncomfortable encounter of being stopped by police in Illinois. This is usually because the law enforcement officer claims that you have made some type of traffic violation. You may wind up with a ticket. This is bad enough, but it gets even worse for some.
Read more- "Consensual" Searches and Seizures: Did "Yes" Really Mean "Yes"?
The criminal law practitioner should approach with caution issues involving searches and seizures where there is alleged to be client "consent." How many times have we heard the police officer say – "I asked the suspect if I could search his car and he said "yes"?
Read more - Will Smiling at the Police Get You Arrested?
When a Plano, TX, police officer pulled over a group of teenagers last year, he was not amused by their attitudes. The teens seemed to be taking the situation less seriously than the officer would have preferred.
Read more - Confessions to Police
I always advise my clients not to speak with the police or any law enforcement authority without an attorney present. This is common sense to an experienced criminal defense attorney but to the citizen who has never had contact with the police, the desire to explain his or her side of the story and defend themselves is a natural instinct.
Read more - When Can the Police Stop me on the Street? What are my Rights?
Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.
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