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Constructive Possession Definition In Criminal Cases

June 18, 2018 By Arthur McGibbons

In Illinois possession may be actual or constructive. The difference between actual and constructive possession is explained by Illinois Pattern Jury Instruction 4.16 defining possession.

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Filed Under: Armed Violence, Criminal Possession

Insufficient Evidence Of Habitation In This Search Warrant Case: State Can’t Prove He Lived There

January 17, 2017 By Arthur McGibbons

People v. Fernandez, 2016 IL App (1st) 141667 (December). Episode 283 (Duration 3:57)

17 years of for possession with intent to deliver reversed in this search warrant case. [Read more…]

Filed Under: Criminal Possession, Police, Warrant

No Constructive Possession Proved In This Search Warrant Case

September 21, 2016 By Arthur McGibbons

People v. Tates, 2016 IL App (1st) 140619 (August). Episode 230 (Duration 5:59)

Drug conviction reversed because defendant can’t be sufficiently tied to the contraband. [Read more…]

Filed Under: Criminal Possession, Police, Warrant

Is It A Conflict of Interest When Codefendant Pays Attorney Fees For Another Defendant?

September 20, 2016 By Arthur McGibbons

People v. Wilkerson, 2016 IL App (1st) 151913 (August). Episode 229 (Duration 9:25)

Codefendant who was found not guilty paid for this defendant’s attorney.

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Filed Under: Conflict Of Interest, Criminal Possession

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