Recent Blog Posts
The Ins and Outs of Claiming Self Defense in Illinois
In law and order television programs,characters seen under attack are often able to fight their attackers. In these dramatic scenes, the aggressors end up dead. Viewersare led to believe that everything will work out for the victims as they tell the authorities that they reactedin self defense, killing their attackers, and they are then able to simply returnhome.
While it is true that in America self defense is an affirmative defense (i.e. a defense that will negate liability even if the defendant committed the alleged acts) it should be noted that claimingself defense is actually a bit more complicated in reality.
The Components of a Successful Self Defense Claim in Illinois
Illinois’ self defense statute contained in 720 ILCS 5/6-4 (also sometimes referred to as the use of force in defense of person statute), spells out the requirements that must be met in order for a criminal defendant to successfully argue that he or she wasjustified in using force to defend himself or herself.
Can a Sleeping Driver be Arrested for DUI in Illinois?
We all know that driving under the influence is illegal, but is it illegal to sleep one off in your car? You may be surprised to learn that, in Illinois, the answer is yes, under some circumstances.
Under code section 625 ILCS 5/11-501(a), it is illegal to drive or be in actual physical control of a vehicle in Illinois while under the influence of alcohol or an intoxicating compound to a degree that you are not capable of driving safely. Therefore, if a court of law determines that an individual had actual physical control of the vehicle that they were sleeping in while intoxicated then that person can rightfully be convicted of driving under the influence in Illinois.
What Does it Mean to Have “Actual Physical Control” of a Vehicle?
Having “actual physical control” of a vehicle essentially means having the ability to operate the vehicle. Illinois case law notes that a person does not need to move, or even have the intent to move, a vehicle to have actual physical control.
Orders of Protection and Parenting Time Questions
Domestic violence is sadly an all too common occurrence in this day and age. It can destroy lives and families. Besides its obvious dangers, it can also cause significant, long-lasting harm to the children of families who go through it. Allegations of domestic violence are taken extremely seriously considering parental responsibility and parenting time questions. If you have been the victim of domestic violence, you may be able to show that your abusive spouse should have no further contact with your children, even in a situation where they would otherwise have co-parenting rights.
Illinois Definition
Illinois defines domestic violence as not only physically injuring a family member (whether they are related by blood, marriage, or adoption), but also “interfering with personal liberty,” in situations such as kidnapping or false imprisonment. When there are children involved, there is even more of a zero tolerance policy than there would be otherwise. The Illinois legislature actually holds, as a matter of policy, that cases of domestic violence involving children are generally to be handled with special consideration.
Hit and Run Accidents in Illinois
According to the Daily Herald, the Illinois State Police are searching for a semi truck driver who fled after hitting a 48-year-old tollway maintenance worker recently. The victim was picking up trash on the shoulder of the southbound Tri-State Tollway when the trucker allegedly hit him and sideswiped his parked vehicle. The driver did not stop and, sadly, the worker passed away from his injuries.
Fleeing the scene of an accident is illegal in Illinois and if the driver is found by the authorities, then he or she will undoubtedly find himself or herself in a world of legal trouble.
Fleeing the Scene of an Accident
Under code section 625 ILCS 5/11-401 of the Illinois Compiled Statutes, any driver who is involved in a motor vehicle accident involving personal injuries or death is legally obligated to immediately stop his or hervehicle.
Embezzlement in Illinois: The Need to Know Basics
Embezzlement is a type of theft that occurs when a person who has been entrusted with another’s property fraudulently keeps that property for his or herown personal gain or illegally transfers it to a third party. Embezzlement most frequently occurs when money is entrusted to the care of someone who then misappropriates that money in some way.
Examples of Embezzlement
While embezzlement can occur in countless ways, common examples of embezzlement include the following:
- A waitress who pockets cash from a patron’s bill and enters a lesser amount into the cash register so that the till still balances at the end of her shift;
- A payroll department manager of a large company who adds his family members who do not work for the company to the payroll in order to collect checks that they have not earned; or
Challenging an Order of Protection Based on False Accusations
There is no doubt that domestic violence continues to be a scourge on families throughout Illinois and across the country. Those who claim otherwise are sadly misguided. While domestic abuse affects millions of individuals and families, it does not necessarily happen in every household. The nature of the problem, however, means that accusations of abuse are often taken very seriously while claims of innocence by the accused tend to fall on deaf ears. Sometimes, such accusations can be formalized in an order of protection, resulting in the restriction of certain rights and freedoms for the accused. If the accused has done nothing wrong, this is not only unfair but also completely unacceptable.
Sadly, it is relatively easy for a person who feels betrayed or angry-including a spouse going through a particularly nasty divorce-to exaggerate or make up stories of abuse at the hands of a former partner. The accuser may be trying to gain an advantage in proceedings for the allocation of parental responsibilities (child custody) or he or she may simply want to make life more difficult for the accused. If you find yourself in such a situation, it is important to know what to do to protect yourself.
The Consequences of Driving Without Insurance in Illinois
In Illinois, drivers are required by the Illinois State Legislature Vehicle Code to carry at least a minimum amount of auto insurance. Currently, in order to meet our state’s auto insurance requirements, Illinois drivers must carry at least the following amounts of liability insurance:
- $25,000 for bodily injury per person,
- $50,000 for bodily injury coverage per accident,
- $20,000 for property damage,
- $25,000 for uninsured motorist bodily injury coverage per person, and
- $50,000 for uninsured motorist bodily injury coverage per accident.
Some people mistakenly believe that driving without adequate auto insurance in Illinois is not a big deal; however, in reality, drivers who are caught failing to meet our state’s insurance requirements suffer a number of different consequences, the most severe of which are outlined below.
Burglary: The Elements of the Offense in Illinois
Burglary is generally defined as the breaking and entering into the house of another for an unlawful purpose. However, it is important to note that burglary is one of those crimes that is defined slightly differently in each state.
In Illinois, breaking in is not a required element of burglary and there are several different listed entities beyond homes and structures that can be burgled.
Illinois Statutes Section 19-1: Burglary
According to section 19-1 of the Illinois Statutes, an individual commits the crime of burglary when, without the authority to do so, he or she knowingly enters or remains within a building, watercraft, house trailer, aircraft, railroad car, motor vehicle, or any part thereof, while intending to commit theft or a felony therein. This statute can be broken down into the following key elements:
- Knowingly Entering or Remaining: Some people mistakenly believe that an offender must physically break something to gain access (for example, a window) in order to commit the crime of burglary. However,in Illinois this is not the case. No physical breaking in is necessary. Instead, the offender must only knowingly enter or remain without the authority to do so. For example, if a teenager intentionally remains in a department store after closing, a court would likely find that he or she knowingly remained in a building without the authority to do so and has therefore fulfilled the knowingly enters or remains requirement of burglary.
DUI Testing in Illinois
When a police officer pulls you over on suspicion of driving under the influence in Illinois, he or she will likely ask to see your license and registration, ask if you have been drinking, and, if he or shestill suspects that you are intoxicated, administer one or more of the field sobriety tests described below.
Field Sobriety Tests
Field sobriety tests are simple tests that police officers administer on the side of the road after pulling a driver over in order to predict blood alcohol concentrations of 0.08 and above. Approved standardized field sobriety tests in Illinois include:
- The Horizontal Gaze Nystagmus: To administer this test the officer asks the driver to follow the tip of his or her pen or finger with only his or hereyes. During this test the officer is looking to see whether the driver is experiencing nystagmus, an involuntary jerking of the eye that is magnified when a person consumes alcohol or certain other drugs.
Emergency Orders of Protection
Approximately one in three women and one in four men have been the victims of physical, sexual, or emotional abuse at the hands of their intimate partner. If you or your child have been victims of domestic violence, you may feel alone, frightened, or confused. You want things to be different but you may be unsure as to your next steps. In many cases of domestic violence, the first step is to place a legal barrier between yourself and your abuser. Petitioning the court for an emergency order of protection can help ensure the safety and security of you and your child.
How to Get an Emergency Order
Fortunately, requesting an emergency order of protection is rather simple. You can file your petition with the court of the county you live in or in the county where you are temporarily staying. Your petition can also be filed in the county where your abuser lives. You can file your petition with an available circuit court judge or associate judge if the court is closed for the weekend or a holiday. The process requires you to make a sworn statement regarding your abuse, usually in the form of an affidavit. Based your testimony, the judge can issue an emergency order of protection without the appearance of your abuser.
Schedule Your Free Consultation
Arlington Heights Office 3030 Salt Creek Lane, Suite 120 Arlington Heights, IL 60005 Phone: 847-253-3100
At Cosley Law Office, we represent clients throughout Illinois, including Arlington Heights, Barrington, Buffalo Grove, Des Plaines, Elk Grove Village, Glenview, Hoffman Estates, Inverness, Long Grove, Mount Prospect, Mundelein, Northbrook, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Schiller Park, Wheeling, and Wood Dale, as well as Cook County, Lake County, DuPage County, and throughout the Chicago, IL metropolitan area.
Results listed are not a guarantee or indication of future case results.
© 2026 Cosley Law Office
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100