Illinois Criminal Defense Legal Questions

  You are charged with driving without a license, which is a misdemeanor under Illinois law. A person can drive in Illinois with an international driver's license but must obtain an Illinois driver's license once they become a resident of the state for more than 90 days. There are other exceptions to the need to receive an Illinois license, such the one for non-resident university students.   Please contact an experienced defense attorney as soon as possible. There are potential ramifications should you be convicted of a misdemeanor.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

Generally speaking, there is such a thing as use of force in defense of property. The applicable statute is as follows:   (720 ILCS 5/7-3) (from Ch. 38, par. 7-3)    Sec. 7-3. Use of force in defense of other property.     (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.    (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct. ... Read More

Generally speaking, voluntary intoxication is not a defense in Illinois.   Source:    (720 ILCS 5/6-3) (from Ch. 38, par. 6-3)    Sec. 6-3. Intoxicated or drugged condition. A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.... Read More

Your question is not a question which is easily answered by any except the Courts themselves.  However, I will try to take a shot at it because it is an interesting question. The Supreme Court case is called Elonis v. United States.  The Court held that a "threat", in the criminal law context, cannot be merely based in the "reasonable person" standard.  That is because criminal law requires something called "Mens Rea", otherwise known as a "guilty mind".   In order to act criminally, one must (almost) always act with a culpable mental state, be it recklessly, knowingly, or intentionally. However, an order of protection hearing is civil in nature.  There is no requirement of "Mens Rea" in civil law.  Indeed, the "reasonable person" standard is a familiar concept in any areas of civil law. The vast majority of negligence torts committed in the United States are based in the reasonable person standard. In civil law, "negligence" is actionable. That is what I personally believe is the distinguishing fact between Elonis and a challenge at an order of protection.  Elonis was a case which was criminal in nature that required mens rea.  An order of protection is a civil pleading which does not require mens rea.  Of course, this is my own personal opinion and is not to be considered legal advice.  I suspect nobody will be able to say with certainty what the answer is to your question until your question is answered by the Courts.              ... Read More