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It is common for criminal defense attorneys in Chicago and elsewhere to advise their clients to remain silent and refuse to make any statements whenever they are being questioned by law enforcement. But recently, the United States Supreme Court held in Salinas v. Texas, 570 U.S. ____, 133 S.Ct. 2174 (2013), that if a client/witness…

Chicago: Every once in a while, I ask myself why am I a False Claims Act lawyer. False Claims Act cases are difficult to win, partly because the government only intervenes in a small percentage of the qui tam cases filed, leaving the majority of cases to be litigated by the whistleblower and his or…

Chicago – the Seventh Circuit Court of Appeals Addresses Probation and Supervised Release Revocation Hearings and Hearsay Defendant Keith D. Jordan, United States v. Jordan, (No. 13-1488 January 28, 2014) was sentenced to federal prison, released and began serving his three years of supervised release on June 28, 2011. The conditions of his supervised release…

The United States Government recovered $4.9 billion in fiscal year 2012 and total of almost $39 billion in qui tam and non-qui tam false claims act cases since October 1, 1987. These recoveries are part of the Government’s focus on eliminating fraud, waste, and abuse and are in part a direct result of the use…

A Circuit Court Judge dismissed all remaining charges against a defendant after the Court ruled that the Aggravated Unlawful Use of a Weapon statute violated the proportionate penalties clause of the Illinois Constitution. The defendant was arrested for possessing a loaded firearm with in a vehicle that was on a public street and was charged…

Starting January 5, 2014, the Illinois State Police will be issuing applications for Illinois residents to obtain a concealed carry gun license. These licenses will be issued by the State Police. If you want to apply for a concealed carry license, you must have a valid firearm owner’s identification card (FOID), must be at least…

The Illinois vehicle code has been amended effective November 28, 2013 to permit the Illinois Secretary of State to issue temporary driver’s licenses to illegal immigrants. 625 ILCS 5/6-105.1. In order to receive or be issued a temporary driver’s license the person applying must have lived in Illinois for more than a year, be ineligible…

Since the Illinois Supreme Court found certain provisions of the Illinois Unlawful Use of a Weapon statute unconstitutional I started reading “The Roberts Court, the Struggle for the Constitution” by Marcia Coyle. The Second Amendment, which is part of the first ten amendments to the Constitution, is known as the Bill of Rights. The Second…

What has the new Illinois gun law really changed for people facing gun charges? Not much. A few weeks ago, the Illinois Supreme Court found a specific section of the Illinois Unlawful use of a Weapon statute unconstitutional. 720 ILCS 5/24-1.6 In People v. Aguilar, Docket # 112116, the Illinois Supreme Court found a section…

Not in Illinois. In Illinois for a person to be found guilty of DUI all the state needs to prove are the following: 1. That the defendant drove, or was in actual physical control of a vehicle; and 2. That at the time the defendant drove or was in actual physical control of a vehicle,…