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Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

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Controversial Eavesdropping Act Ruled Unconstitutional

A challenge to the Illinois Eavesdropping Act, a controversial law that makes it a felony to record police officers without their consent, was voted down by the state in a 59-45 vote. This support for the law stands despite the fact that a Cook County judge recently ruled that the Illinois Eavesdropping Act is unconstitutional. So anyone caught recording an officer in public without their consent can still be arrested and charged with a felony, in which case they will need a professional Chicago criminal defense attorney to keep them from getting a prison sentence of more than a decade.

 

The Act criminalizes recording any police officer whether in private or public without his or her consent as a Class 1 felony. Those who are found guilty may be subject to sentences of 15 years in prison. A Chicago criminal defense lawyer can help to minimize sentencing, or be able to facilitate a defense to get the charges dropped altogether.

 

The concern and motivation behind the law is to protect the privacy rights of public servants who are engaged in the commission of their official duties, who may be recorded and taken out of context. Opponents, such as the ACLU (American Civil Liberties Union) who challenged the law before the district judge’s ruling, argue that it is possible to record anyone in public without their consent, except for police officers, and that the punishment far outweighs the seriousness of the crime. Although this isn’t a frequently heard of charge, it serves as a great example of how versatile a Chicago criminal defense lawyer must be, as they are often called to defend those charged with “crimes” that defy ordinary categorization.

 

Chicago Criminal Defense Lawyer – No matter how straightforward or complex your criminal charge, Andrew M. Weisberg is a Chicago criminal defense attorney known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit https://www.chicagocriminallawyer.com/ or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.

Our Blog

Using the 2nd Amendment to Fight IL Weapons Charges

Weapons Charges

In the realm of criminal law, navigating weapons charges can be a daunting task, especially in jurisdictions like Chicago, where firearm regulations are stringent. However, one avenue that defendants may explore is invoking the protections offered by the Second Amendment of the United States Constitution.

Understanding how the Second Amendment intersects with weapons charges and its interpretation within the legal framework of Chicago is crucial for building a robust defense strategy.

The Second Amendment: An Overview

The Second Amendment of [...]

Mistaken Identity: When You’re Not the Chicago Thief They’re Looking For

Mistaken Identity | Wrongful Accusations | Theft

In the realm of criminal justice, mistaken identity is a persistent and troubling issue. One of the most distressing scenarios is when an individual finds themselves falsely accused of theft, grappling with the repercussions of a crime they didn’t commit.

Such cases often underscore the critical importance of establishing an airtight alibi and presenting compelling evidence to assert innocence. Let’s delve into this complex issue, exploring real-life instances of mistaken identity in theft accusations and the imperative of constructing a [...]