Michael W. Fleming Attorney at Law
Experienced Criminal Law Attorney for DuPage, Kane & Will counties.
Criminal Law Newsletter
SEARCH & SEIZURE - SCHOOL SEARCHES
 
The protection of the Fourth Amendment of the United States against unreasonable searches and seizures did not traditionally apply to searches of students in schools because school officials are not law enforcement officials and because they are given permission to act on behalf of the students' parents while the students are in school. The law in this area changed in 1985 when the United States Supreme Court held that school officials act as representatives of a state when they conduct searches and that the Fourth Amendment applies to searches by the school officials on school property.More...
 
JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS
 
When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American. More...
 
RIGHTS OF CRIME VICTIMS
 
Being a victim of a crime is a frightening experience. Until fairly recently, crime victims had no rights and did not have access to any federal, state, or local services to help them through the experience. In most states, there are now many services and resources that are available to crime victims. More...
 
JUDGMENTS
 
A judgment is a declaration by a trial court that shows whether a defendant has been convicted or acquitted of a criminal offense. The judgment must be in writing and must be signed by the trial court. The judgment is only evidence of the defendant's conviction. It is not the defendant's conviction. The defendant is convicted when the trial court pronounces the defendant's sentence. An appeal of the defendant's conviction cannot be filed until the judgment has been entered on the record. More...
 
BURGLARY OF A MOTOR VEHICLE
 
A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft. More...
 
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