The Fourth Amendment protects individuals from unreasonable property searches and seizures. Illinois police officers need a legal justification to go through someone’s home or vehicle. Sometimes, officers have probable cause to suspect a crime based on certain circumstances, such as an odor coming from an apartment. Other times, statements from witnesses or an ongoing investigation lead to strong suspicions of criminal activity. Police officers can go to court and ask a judge to grant them a search warrant. When officers arrive at someone’s home and present a search warrant, the average person ..read more

White-collar criminal charges involve accusations of fraud, embezzlement or other financial crimes. Companies sometimes refer cases to prosecutors. Other times, regulatory authorities indict specific people after an investigation. Those accused of white-collar criminal charges could face either state or federal prosecution. The penalties possible range from incarceration to major financial consequences. People convicted of white-collar crimes may need to pay fines and restitution to any party that suffered provable losses. When prosecutors bring white-collar criminal charges against someone, t ..read more

It’s clear that search warrants do not give police officers the ability to do whatever they want. There are many restrictions that both homeowners and officers need to be aware of, including different ways in which the scope of a search warrant can be limited. It’s very important for officers to follow the instructions in any such order. Getting a valid search warrant allows officers permission to come into your home, but are there other reasons why they could enter your house in a legally-permissible way? Is there any way that they could enter without getting a warrant at all, potentially rem ..read more

Embezzlement is a very specific form of theft that involves someone abusing a position of trust to misappropriate resources, generally from their employer. People often imagine someone who is employed by an accounting firm or who occupies an executive suite when they picture an embezzlement case. However, workers in many different positions at an organization could potentially misuse or steal resources that belong to the company or its clients. There are actually numerous behaviors that might lead to accusations of embezzlement. 1. Taking physical items from the business Those who take propert ..read more

Like many other states, Illinois has a drug court program. This is a legal system specifically set up for those who are accused of drug offenses. If you are facing these charges, or if you end up facing them in the future, it’s important to know how this works and why it might be useful. First and foremost, it is also wise to point out that the drug court treatment program is usually just available to those who are labeled as non-violent offenders. For instance, this could be someone who simply possessed enough of an illegal substance that it became a felony. But there are no gun charges or an ..read more

If the police have a warrant to search your home, they are legally allowed to enter the house. These warrants can have restrictions, such as saying what part of the house they can search, but the warrants also do give permission to override your consent. Often, the police will ask for your consent first and then get a warrant if you don’t provide it. But, other than having your consent or a warrant that was issued by a judge, how can the police enter your house? There are a few different ways that you need to be aware of. There’s an emergency First of all, in emergency situations, police offic ..read more

Mortgage fraud is a somewhat common but not well understood form of financial misconduct. A lack of information about what constitutes mortgage fraud could put some people at risk of mortgage fraud accusations. You might think, as a homeowner, that your behavior when buying a house would not lead to actionable fraud accusations. You probably think that only mortgage brokers or bankers face allegations of mortgage fraud. It is a common misconception that for a financial crime to occur, there needs to be direct financial profit from the offense. However, that isn’t true. You can benefit from mor ..read more

When federal investigators or local police officers show up at your home, you may not want to let them inside. If you don’t voluntarily authorize a search, they may come back with a warrant signed by a judge. A search warrant gives police officers the legal right to go through someone’s private property without their consent. An officer typically needs compelling probable cause to convince a judge to sign a search warrant under Illinois state law. The warrant the judge issues then theoretically grants law enforcement officers the right to access and search your property. Understanding the scop ..read more

When the police arrest you or decide to question you after your arrest, they will likely inform you of your Miranda Rights. Those rights include the right to remain silent and the right to legal representation. Too many people ignore their right to remain silent and end up hurting their legal position. Understanding your rights before you endure an arrest will make it easier for you to stand up for yourself while in the custody of the police and avoid making a mistake that could have lifelong consequences. Anything you say could hurt your case Your right to remain silent is part of your right ..read more

Driving under the influence (DUI) charges affect thousands of people every year in Illinois. You could find yourself charged with a DUI after an individual traffic stop or after some kind of crash involving your vehicle. Even if all you do is clip a mailbox and no one gets hurt, the police could still arrest you. Although many people are quick to plead guilty to a pending DUI because they assume they can’t defend themselves, that simply isn’t true. Quite a few people accused of impaired driving did not actually break the law and may be in a position to defend themselves. The following two tact ..read more