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Chapter 1 — Arrest, Search, and Seizure
I. Introduction
II. [1.4] Has a Search or Seizure Occurred?
III. Scope of the Fourth Amendment
IV. [1.20] Seizures
V. [1.37] Warrant Requirement
VI. [1.52] Warrantless Searches
IX. Appendix
Chapter 2 — Representing Clients in the Early Stages of a Criminal Action
Chapter 3 — Confessions
I. Introduction
II. Confessions and Due Process
III. Confessions, Self-Incrimination, and Miranda v. Arizona
IV. Confessions and the Sixth Amendment Right to Counsel
V. Effect of a Motion To Suppress Statements at Trial
Chapter 4 — Illinois Criminal Pretrial Discovery
III. Disclosure to Accused: Rule 412
IV. Disclosure to Prosecution: Rule 413
VIII. Restrictions on Discovery
IX. Regulation of Discovery
XI. Pretrial Discovery in Misdemeanor Cases
XII. [4.36] Sample Pretrial Discovery Motions in Felony and Misdemeanor Cases
Chapter 5 — Pretrial Motions
III. [5.3] Motion for Substitution of Judge
IV. [5.6] Motion for Continuance — Specific Grounds
VI. [5.14] Motion for Dismissal and Discharge for Violation of Right to Speedy Trial
VIII. [5.20] Motions Relating to Joinder and Severance
IX. [5.23] Appendix — Sample Motions
Chapter 6 — Cybercrimes and Use of E-Evidence in Criminal Cases
III. Practical Use of Technology In Defending Criminal Cases
IV. Obtaining Evidence for Use in Cybercrimes Cases
V. Trial Considerations
VI. [6.22] Illinois Laws Relating to Computer Crimes
IX. [6.37] Appendix A — Affidavit Sample Language
Chapter 7 — Psychological Issues and Defenses
II. Mental Health Expert Witnesses
III. Unfitness To Stand Trial
IV. Motion To Suppress
V. Insanity Defense (NGRI)
VI. Altered Mental States
VII. Mitigation in Death Penalty Cases
IX. Sexually Violent (Dangerous) Persons (SVP)
X. Defendants with Special Needs
XI. Choosing the Right Expert
XII. Cross-Examining the Opposing Expert
Chapter 8 — Affirmative Defenses in Illinois
II. [8.2] The Right To Present a Defense
III. Affirmative Defenses in Which the Prosecution Retains the Burden of Proof
IV. Affirmative Defenses in Which Part of the Burden of Proof Shifts to the Defense
Chapter 9 — Plea and Sentencing Bargaining
I. Introduction
II. Crimes and Penalties
III. Truth in Sentencing/Good Time Credit
IV. [9.26] Collateral Consequences
V. Alternative Sentences
VI. The Negotiation Process
VII. Entering the Plea
Chapter 10 — Trial Preparation and Strategy
II. Client Conference
III. Pretrial Strategy
IV. [10.51] Final Review and Organization
VI. Selection of the Jury
VII. Opening Statement
VIII. State’s Case-in-Chief
IX. [10.87] Defense Case-in-Chief
XI. [10.94] Jury Instructions
XII. [10.98] Closing Argument
Chapter 11 — Jury Issues
III. Jury Waiver
V. [11.17] Voir Dire
VI. Jury Instructions
VII. Juror Misconduct, Tainted Jury, and Sequestration
XI. Verdicts
XII. [11.43] Considerations for Representation
Chapter 12 — Trial Legal Issues
I. Conduct of the Judge
II. The Prosecutor
III. Trial Procedures
IV. Verdicts
V. [12.75] Obtaining and Calling Witnesses
Chapter 13 — Evidence
II. General Principles and Definitions
III. Types of Evidence
IV. Hearsay, Records, and Other Out-of-Court Statements
V. Raising Evidentiary Issues and Preserving Them for Review
Chapter 14 — Preserving the Record
Chapter 15 — Criminal Sentencing in Illinois
II. [15.2] Determining the Sentencing Range
III. The Sentencing Hearing
Chapter 16 — The Criminal Appeal
III. [16.3] Reaching the Reviewing Court
VII. Reading the Record, Finding the Issues
X. Preparation of the Brief
XIV. Oral Argument
Chapter 17 — Illinois Post-Conviction Hearing Act
I. [17.1] Introduction
II. [17.7] Initiation of Proceedings: §122-1
III. Limitations Period: §122-1(c)
IV. [17.27] Rights of Indigents
V. [17.34] Successive Petitions
VII. [17.41] Duties of Post-Conviction Counsel
VIII. Circuit Court Procedures
IX. [17.69] Contents of Petition — Section 122-2
X. [17.73] Cognizable Claims
XI. [17.96] Waiver; Res Judicata
XII. Appellate Review
Chapter 18 — Habeas Corpus
I. Preliminary Considerations
II. [18.4] Introduction
III. Initiating the Case Under §2254
IV. [18.41] Statute of Limitations
V. Investigation of the Petition
VI. Preparation of the Petition
VII. Filing the Petition
VIII. Initial Proceedings on the Petition
IX. Special Problem Filings
X. Amendment
XI. Responsive Pleadings
XII. [18.117] The State Court Record
XIII. [18.124] Legal Issues
XVI. Evidentiary Hearing
XVII. Relief
XVIII. Appeal
XXIV. [18.173] Sources
XXV. Appendix
Chapter 19 — Appendix — Criminal Law Practitioners Beware: That Supposed “Non-Conviction” of Supervision May Count as a Conviction for Federal Purposes Anna M. Ahronheim is an attorney in private practice. Ms. Ahronheim obtained her J.D. from the University of Illinois College of Law. For the next 22 years, she was an attorney with the Illinois Office of the State Appellate Defender. From 2008 through 2017, she was the supervisor of the Capital Habeas Unit of the Federal Public Defender’s Office in the Western District of Pennsylvania and represented clients in habeas corpus proceedings. She has given presentations on postconviction practice at seminars sponsored by numerous organizations and law schools. She intends to devote her post-public-defender practice to the representation of incarcerated clients in Pennsylvania, Illinois, and Michigan.
No bio available.
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Richard Dvorak is the owner of Dvorak Law Offices, LLC, in Willowbrook and Chicago, where he concentrates in criminal defense and appeals and civil rights litigation involving police misconduct. He is member of the Advisory Board for First Defense Legal Aid. He authored Cracking the Code: “De-Coding” Colorblind Slurs During the Congressional Crack Cocaine Debates, published in the Michigan Journal of Race and Law. Mr. Dvorak received his B.A. from the University of Wisconsin-Madison and his J.D. from DePaul University College of Law.
No bio available.
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Rachel J. Hess is a sole practitioner in St. Charles, where she concentrates in criminal defense and appeals and has been Conflict Counsel for Kane County since 2004. In addition, she represents clients before the Secretary of State and other administrative agencies. Ms. Hess received her B.S. from Illinois State University, her J.D. from Mississippi College School of Law, and her L.L.M. in Information Technology from The John Marshall Law School.
No bio available.
Thomas A. Lilien is the Deputy Defender in charge of the Second District Office of the State Appellate Defender. He received his J.D. from Notre Dame Law School in 1978 and was admitted to the Illinois Bar that same year. He joined the Office of the State Appellate Defender as an Assistant Defender in the Third District Office in October 1978 and worked there until his transfer to the Second District Office in 1988. Mr. Lilien continued to serve as an Assistant Defender until he assumed the Deputy Defender position as of January 1, 2006. Mr. Lilien served as an adjunct faculty member co-teaching an appellate advocacy course at Northern Illinois University College of Law from 1986 to 2015. He has also spoken on criminal and appellate topics to several organizations, including the Illinois Public Defender Association and the DuPage and Kane County Bars. He served on IICLE®’s Board of Directors from 2006 until 2017.
No bio available.
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Alison H. Motta has been in private practice since 2001. She is a Partner with Motta & Motta LLC in Aurora, where she concentrates her practice in criminal defense. She is a member of the state and federal trial bar. She is a member of the National Association of Criminal Defense Lawyers and ATLA. Ms. Motta received her J.D. from Chicago-Kent College of Law.
No bio available.
Robert M. Motta II is a Partner with Motta & Motta LLC in Aurora, where he concentrates his practice in criminal defense (both state and federal) and family and divorce law. He is a member of the National Association of Criminal Defense Lawyers and ATLA. Mr. Motta attended Eastern Illinois University for undergraduate studies and received his J.D. from Chicago-Kent College of Law.
Hon. Kathleen M. Pantle is a retired Judge of the Circuit Court of Cook County. She was an Acting/Alternate Chair of the Illinois Torture Inquiry and Relief Commission and a member of the Illinois Pattern Jury Instructions (Criminal) Committee for nine years, serving as Chair for two years. Pantle has served as Chair and Vice-Chair of the Chicago Bar Association Commercial Litigation Committee. She received her B.S. magna cum laude from Loyola University Chicago and her J.D. from Loyola University Chicago School of Law.
Stephen L. Richards is an attorney at the Law Office of Stephen L. Richards, in Chicago, where he concentrates his practice in criminal defense and civil rights. He received the Kutak-Dodds Award, Defender Prize, from the National Legal Aid & Defender Association in 2003. He has lectured and written extensively on criminal law and the death penalty, and he has been a member of the Illinois Supreme Court’s Screening Committee for the Capital Litigation Trial Bar and Past President of the Illinois Public Defender Association. Richards received his B.A. with honors from the University of Chicago and his J.D. from Brooklyn Law School.
Joshua Sachs is Principal Attorney of the Law Office of Joshua Sachs, in Evanston, where he concentrates his practice in appellate criminal cases. Mr. Sachs, now semi-retired after 45 years of active practice in the trial and appeals level defense of Illinois and federal criminal prosecutions, has returned to music, his first love. He plays the cello in the Evanston Symphony Orchestra and in the Symphony of Oak Park and River Forest. Mr. Sachs earned his B.A. from Grinnell College and his J.D. from the University of Illinois College of Law.
No bio available.
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Jed H. Stone is an attorney at Stone & Associates, Ltd., in Waukegan, where he concentrates in criminal defense and civil rights. He is a Fellow of the American Board of Criminal Lawyers, was nominated by his peers as an Illinois Leading Lawyer in 2020, and has been selected as an Elite Lawyer in the field of criminal defense since 2022. Stone received his B.A. from Lake Forest College and his J.D. from Chicago-Kent College of Law.
No bio available.
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