Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Watch Those Sex Offender Probation Terms They May Be Too Broad

December 16, 2019 By Samuel Partida, Jr.

People v. Morger, 2019 IL 123643 (November). Episode 713 (Duration 8:04)

Some outright ban of social media for sex offenders may be unconstitutional.

[Read more…]

Filed Under: Constitutional, Probation, Sex Case

How To Get A Little Money Back For Your Client

June 5, 2019 By Samuel Partida, Jr.

People v. Ross, 2019 IL App (3d) 170028 (May). Episode 636 (Duration 6:26)

Should defendant get some money back if he doesn’t finish his probation? [Read more…]

Filed Under: Fines & Fees, Probation

Rare Blood Disease Does Not Constitute Extraordinary Circumstance In This Aggravated DUI

May 1, 2018 By Samuel Partida, Jr.

People v. Lawson, 2018 IL App (4th) 170105 (March). Episode 483 (Duration 8:25)

Defendant had a rare blood condition, that was not considered an extraordinary circumstance. [Read more…]

Filed Under: DUI, Police, Probation

Blunt Smoking And Social Media Ban Put On Gang Member On Probation Passes Constitutional Muster

January 22, 2018 By Samuel Partida, Jr.

In re R.H., 2017 IL App (1st) 171332 (December). Episode 443 (Duration 6:24)

Minor prevented from having contact with gang members and can’t post gang and drug stuff on social media. [Read more…]

Filed Under: Probation

Overly Broad Probation Term Said No Gang Contact

January 16, 2018 By Samuel Partida, Jr.

In re Omar F., 2017 IL App (1st) 171073 (October). Episode 441 (Duration 6:38)

This probation term of “no gang contact” was overly broad. [Read more…]

Filed Under: Probation

Ordinary Rules Of Probation May Include Being Banned From Certain Locations

August 30, 2017 By Samuel Partida, Jr.

In re Dystyn, 2017 IL App (4th) 170103 (June). Episode 385 (Duration 6:42)

Delinquent minor is forbidden from entering a college campus. Is that legal? [Read more…]

Filed Under: Probation

Aggravated DUI Probation in Death Cases With Anthony Vaupel

January 13, 2015 By Samuel Partida, Jr.

Illinois law allows for an aggravated DUI probation in cases where a death results only if the trial judge finds an extraordinary circumstance. [Read more…]

Filed Under: DUI, Probation

Aggravated Unlawful Use of a Weapon – 720 ILCS 5/24-1.6 Revisited by Illinois Supreme Court

January 9, 2015 By Samuel Partida, Jr.

See People v. Mosley, 2015 IL 115872 (February). Episode 060 (Duration 14:33)

After Aguilar, the fallout for Aggravated Unlawful Use of a Weapon – 720 ILCS 5/24-1.6 convictions remains consistent. [Read more…]

Filed Under: Probation, UUW

Conditions of Probation Can Include An Order To Pay Child Support

November 17, 2014 By Samuel Partida, Jr.

People v. Goossens, 2014 IL App (3d) 120680 (September). Episode 029 (Duration 12:01).

The conditions of probation imposed in this probation case included an order that Defendant pay his child support. The Defendant objected to this. He argued that the court did not have authority to make child support one of the conditions of probation. Oh yea, Defendant was a cop.

[Read more…]

Filed Under: Probation

Conditions of Probation Can Include An Order To Pay Child Support

November 17, 2014 By Samuel Partida, Jr.

People v. Goossens, 2014 IL App (3d) 120680 (September). Episode 029 (Duration 12:01).

The conditions of probation imposed in this probation case included an order that Defendant pay his child support. The Defendant objected to this. He argued that the court did not have authority to make child support one of the conditions of probation. Oh yea, Defendant was a cop. [Read more…]

Filed Under: Podcast, Probation

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