It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).
Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.
Peace officers no longer are required to swear to complaints issued for misdemeanors, under recent amendments to the Code of Criminal Procedure of 1963. (725 ILCS 5/111-3).
The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.
Under the newly amended Criminal Code of 1961, it is now a Class 4 felony for a person 18 years of age or older to commit public indecency or sexual exploitation of a child within 500 feet of elementary or secondary school grounds when children are present. (720 ILCS 5/11-9; 720 ILCS 5/11-9.1)
Penalties for theft have been adjusted by Illinois lawmakers to increase the value of property covered by minimum misdemeanor and felony sentencing. 720 ILCS 5/16-1.
The Criminal Code of 1961 has been amended to add an aggravating factor that can result in natural life imprisonment for a criminal offender. (720 ILCS 5/9-1)
The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.
Illinois lawmakers have amended the section of the Criminal Code treating disorderly conduct, creating stiffer fines for false reports or threats to schools.
On December 23, 2009, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Du Page County, which convicted the defendant of battery for insulting or provoking the complainant by touching her with his knees in a dispute in an office smoking lounge.
The Illinois General Assembly has amended the Criminal Code of 1961 (Code) to provide for stiffer penalties for those who commit crimes on school property.
Illinois lawmakers in recent months beefed up the civil penalties for destroying a farmer's crops. Under amendments to the Criminal Code of 1961, any person who knowingly damages another's crops is liable to the crop owner for money damages "up to twice the market value of the crops damaged or destroyed." 720 ILCS 5/21-1.
On December 8, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Stephenson County, finding that the defendant's proposed policy of operating audio-recording equipment in special-education classrooms violated section 14-2(a)(1) of the Illinois Criminal Code (hereinafter the Illinois Eavesdropping Act or Act).
