After a criminal defendant has been convicted and sentenced and completed his or her direct appeal and state post-conviction relief proceedings, the defendant has one final means to challenge his or her conviction and sentence. This final proceeding is called a federal habeas corpus proceeding, which is found at 28 U.S.C. section 2254 (prisoners in state custody) and 28 U.S.C. section 2255 (prisoners in federal custody). Habeas corpus is defined as a writ requiring a person to produce a prisoner at a designated time and place so that the court can determine the legality of the prisoner’s detention and whether to order the prisoner’s release.
Illinois Attorney General Opines that Daily Fantasy Sports Contests are Illegal
Illinois Attorney General Lisa Madigan has issued an opinion which finds that daily fantasy sports contests, such as those offered by FanDuel and DraftKings, constitute illegal gambling in Illinois.
Severing Multi-Defendant Trials in Illinois
In Illinois, multiple defendants can be charged with the same or similar crimes in the same charging document, the information or indictment. A criminal defendant or the State may want to file a motion to sever the co-defendants if prejudiced by the joinder of the co-defendants.
Methamphetamine Charges in Iowa
In Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge
Methamphetamine Charges in Illinois
In Illinois, possession, deliver, and manufacture of methamphetamine is illegal and are punished rather harshly. The punishments vary according to the amount of methamphetamine involved. Knowing possession of methamphetamine without
Drug Court in Illinois
The Drug Court Treatment Act was authorized to reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction in the State of Illinois. Pursuant to the Act, each judicial circuit within the State of Illinois must establish a drug court program. A Defendant may attend drug court as an alternative to a term of imprisonment.
Heroine Charges in Iowa
Iowa classifies heroin as a Schedule I Substance. Not all heroin offenses are treated the same, and the penalties vary depending on whether the individual was in mere possession of heroin, or whether the individual was manufacturing, delivering, or possessing with the intent to deliver or manufacture heroin. Other variables include the
Heroine Charges in Illinois
In Illinois it is a crime to possess, deliver, manufacture, and traffic heroin. The Illinois Controlled Substances Act details the guidelines and penalties that Illinois courts follow in sentencing individuals under the Act.
Deciding Where to File For Divorce
The question of where to file for divorce is one that can be complex, especially when a person has moved recently or has a spouse who lives in another state. Selecting the right jurisdiction and venue for the divorce case is important, as incorrect choices can cause significant harm to a person’s case and interests.
Credit Card Fraud and Debit Card Fraud Charges in Illinois
The crimes of Credit Card Fraud and Debit Card Fraud in Illinois are actually multiple separate crimes that apply in various circumstances where a person is accused of certain actions concerning a credit card or debit card. This article discusses those various criminal charges under Illinois law.
Criminal Housing Management and Aggravated Criminal Housing Management Charges in Illinois
Under Illinois law, a failure to maintain residential real estate can result in misdemeanor or even felony charges, under the crimes of Criminal Housing Management and Aggravated Criminal Housing Management, as set forth in 720 ILCS 5/12-5.1 and 720 ILCS 5/12-5.1a:
Vehicular Endangerment Charges in Illinois
The crime of Vehicular endangerment in Illinois is defined by 720 ILCS 5/12-5.02 as follows:
Unlawful Use of Body Armor Charges in Illinois
Illinois law makes it the separate crime of unlawful use of body armor for a person to wear body armor while committing another crime. This law can be seen in 720 ILCS 5/33F-2, which provides as follows:
Illegal Gambling Charges in Illinois
In the state of Illinois, gambling is generally a crime unless it is done in a way that has been legalized, such as the Illinois Lottery or at a licensed casino. The crime of gambling is defined by 720 ILCS 5/28-1 follows:
Deceptive Practice (Bad Check) Charges in Illinois
The crime of Deceptive Practices through the writing of bad checks in Illinois is defined by 720 ILCS 5/17-1 (B) as follows:
Retail Theft (Shoplifting) Charges in Illinois
The crime of Retail Theft (often informally called Shoplifting) in Illinois is defined by 720 ILCS 5/16-25 as the crime a person commits under any of the following circumstances:
Court Date Continuances
Continuance is the legal term for when a court date is rescheduled to some time in the future. There are many reasons that a court date may be Continued, and continuances can have significant effects upon cases.
Things to Discuss with a Lawyer During a Family Law Consultation
When a person consults with a lawyer about their family law case, there are many different things that should be discussed so that the client is as informed as possible about how the case would proceed and the terms of representation. While each situation is different, there are some common things that are applicable in every case:
Illinois Business Security Breach Notification Requirements
Under Illinois law, a business that collects personal information of Illinois residents has certain duties to inform affected people in the event of a breach, under 815 ILCS 530/10:
Proffer Letters and Proffer Meetings in Federal Criminal Cases
Those who are suspected of involvement in a criminal act by Federal prosecutors will sometimes be offered a Proffer, which is a type of limited immunity from prosecution in exchange for cooperation. Sometimes the Proffer is initiated by the prosecutors, and other times a person and their attorney will request a Proffer. Handling a Proffer situation properly is of the highest importance, as it can greatly affect whether a person is prosecuted and the outcome of such a case.