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Drug Arrests Skyrocket as Opioid Addiction Takes Hold
Addiction has always been a factor in many cases in the criminal justice system. Approximately 65 percent of those in jail are known to have a substance use disorder.
However, the opioid epidemic has created higher stakes due to the dangerousness of the drug and the potential for relapse once someone is no longer incarcerated. A new study shows just how many people addicted to opioids end up with drug charges or unrelated criminal charges.
About the Opioid Epidemic
The statistics about what a deep hold opioid addiction has on the United States is alarming. Perhaps the driving factor behind the epidemic is the increase in prescription painkillers. The United States has seen the number of opioid prescriptions triple from 1991 to 2011. In 2011, there were 219 millions prescriptions for opioids written in this country.
It is telling that this country comprises about 5 percent of the world’s population and consumes about 80 percent of the supply of these painkilling drugs. In 2012, 12 states had more opioid prescriptions than residents: Alabama (142.9 per 100 people), Tennessee (142.8), West Virginia (137.6), Kentucky (128.4), Oklahoma (127.8), Mississippi (120.3), Louisiana (118), Arkansas (115.8), Indiana (109.1), Michigan (107), South Carolina (101.8) and Ohio (100.1).
Do I Have to Let Police in My Home Without a Warrant?
If you answer a knock at the door of your home, and a police officer or other law enforcement agent is on your front steps, do you know your rights? Over the years, we have seen many people expose themselves to criminal liability by not requiring law enforcement to present a warrant before allowing entry.
The Fourth Amendment Protects Citizens from Police Searches
The Fourth Amendment to the U.S. Constitution has been interpreted to mean that searches and seizures inside a home without a warrant are presumptively unreasonable. This means that a court will likely throw out any search of a home without a warrant as it violates the Fourth Amendment.
There are exceptions to this. One exception is if the occupant of the home gives consent for police to enter and search. If the police ask you if they can search, you do not have to say yes.
Other exceptions include if the police have “exigent circumstances,” which means that police believe that they must enter the home to prevent physical harm to others, the destruction of evidence or the escape of a suspect. In these situations, the police do not need a warrant before entering a home.
What You Need to Know If You Have Been Caught in an Internet Sex Sting
Online solicitation of a minor is a crime that is aggressively tried by federal prosecutors. If you are convicted, you could face many years in prison. You also may be facing personal consequences like marriage difficulties and social ostracization.
For these reasons, you need to retain counsel that will take any and all steps to investigate your case and what evidence the government has implicating you in the crime. This will likely involve having the computer and other hardware seized by the government cloned so that the defense attorney and defense forensic experts can review the data.
Online solicitation of a minor is a federal crime set forth in 18 U.S. Code § 2422. That section states that using the internet to knowingly persuade, induce, entice or coerce any minor to engage in any unlawful sexual activity or to attempt to do so is illegal.
It is important to note the contours of this law. An accused does not have to have sex with a minor in order to be convicted. Furthermore, the person contacted does not actually have to be a minor for a conviction to result. In many cases, the person contacted is a government officer operating a sting and pretending to be a younger teenager.
Supreme Court: Warrant Required for Cell Phone Location Data
The Supreme Court recently handed down a decision that has been considered a win for those accused of crimes. In Carpenter v. United States, the high court ruled that in order for a government entity such as the police to get cell phone location records a warrant is required in most cases.
Prior to this ruling, the government could review any citizen’s cell phone location records simply by stating to the cell phone carrier that the information was needed for an investigation.
The information at issue is data kept by cell phone companies that can prove where the cell phone was at any given time. Phone companies can tell where a cell phone is by using GPS data or cell site location information (CSLI). CSLI can only record the general area a cell phone is in based on which cell towers are being used by the phone.
The decision in Carpenter is closely related to the Supreme Court’s decision in Riley v. California. In that case, the court held that the search of a cell phone without a warrant is generally unconstitutional. The court noted that cell phones can hold large amounts of data and are thus different from landline phones.
Harsh Penalties for Child Pornography Convictions
It is surprising but true: child pornography sentences are longer than sex contact crimes perpetrated against minors such as rape or molestation. This holds true whether the convictions take place in state or federal court.
Experts believe that this differential can be attributed to the type of evidence presented at child porn and sex contact crime trials. In sex contact crimes trials, testimony is often a key component of the government’s case. Testimony can often be conflicting between witnesses. This is especially true where children are witnesses. There is often also difficulty gathering physical evidence in sex contact crimes.
In contrast, child pornography cases typically involve firmer evidence. Child pornography possession is essentially a strict liability crime; if a person is found to be in possession of the contraband, he or she will likely be convicted. The physical evidence is often on a computer or other piece of technology. There is usually no “he said, she said” testimony.
Understanding Sex Offender Registration Requirements
If you are convicted of a sex offense, you will likely have to register as a sex offender. Typically, on must remain registered for a minimum of ten years. Some convictions carry a lifetime registration requirement.
As a sex offender, you are prohibited from living or being present at certain locations, like in the vicinity of school and parks, and you must continually update your personal information as it changes. These requirements can become taxing over time. Failure to adhere to sex offender registration rules can result in additional charges and sentences.
Registration Requirements
A convicted sex offender must update their registration in each jurisdiction that they:
- Reside;
- Are employed; or
- Attend school.
A sex offender is required to update his or her information within three days from when it changes. Registration is done with the police of the jurisdiction in which the offender needs to register.
Possible Sentences for Child Pornography Charges
If you are suspected of or have been charged with child pornography possession or related crime, you may be wondering what possible sentences you will receive if you are convicted or plead guilty to child pornography charges.
It is important to understand what is on the line for your life and your family’s life if you are facing these types of charges. One thing to keep in mind is that federal child pornography sentences often include registering as a sex offender, which carries with it additional costs and requirements.
Child Pornography Sentences Keep Getting Longer
Over the past 20 years, child pornography sentences have lengthened overall. In 1997, federal child pornography convictions carried an average sentence of 20.59 months. By 2010, the average sentence had increased 500 percent to 118 months.
In addition, the number of federal convictions has ballooned as well, rising from a few dozen each year in the 1990s to 1,886 cases in 2010. It is interesting to note that the vast majority of those convicted and sentenced in 2010 of a federal child pornography crime had no prior criminal record.
Types of Federal Child Pornography Crimes
The general term “federal child pornography charges” can refer to several different crimes based on the facts and circumstances of a case. These crimes are closely related, and you can be charged with multiple offenses at the same time.
Our firm treats those accused of federal child pornography charges with professionalism and dignity. We believe that everyone is entitled to a defense and to legal counsel that will argue zealously for your in court.
What Is Child Pornography and Related Offenses?
Child pornography is defined as any visual depiction of sexually explicit conduct involving someone under 18 years old.
Child pornography offenses include:
- Possession of child pornography;
- Production of child pornography;
- Distribution of child pornography;
- Receipt of child pornography;
What You Need to Know About Civil Asset Forfeiture
Civil asset forfeiture is a mechanism federal law enforcement officials use to seize the property and possessions of people they come into contact with if they believe that the property is involved in criminal activity.
Authorities justify using this mechanism because they argue that a person is not entitled to profits from criminal activity. In reality, this process is used in a much broader manner. In fact, civil asset forfeiture can be utilized even when no one is charged or convicted of a federal crime.
How Common Is Civil Asset Forfeiture?
According to the ACLU, approximately $40 million annually in cash, automobiles and even homes is taken from Illinois residents through civil asset forfeiture. Civil asset forfeitures are expected to be on the rise. In July 2017, Attorney General Jeff Sessions stated that under his leadership, federal authorities will aim to increase civil forfeitures:
Do I Need a Lawyer If I Am Pleading Guilty?
If you have been charged with a federal crime, you may wonder what options you have. You may also have already decided that you wish to plead guilty.
There are many reasons why people choose to plead guilty. Maybe you feel like the evidence paints an open and shut case against you. Maybe you believe that you will get a lesser sentence if you plead guilty and avoid trial. Whatever your reasons, pleading guilty is a choice only you can make, and an attorney can help you in that decision-making process.
Some people believe that one benefit of pleading guilty is that they will not need to retain counsel. This, however, is a misconception, and failing to hire an attorney is likely a mistake.
Here are four ways an Illinois federal criminal attorney can help you in pleading guilty.
Determine if the plea is fair. An attorney will examine the evidence the government has against you and assess if there is enough to find you guilty of the crime. Often the state does not have enough evidence, especially early in the case. It may be possible that they have enough evidence to convict you of a lesser crime, however. In these cases, an attorney can tell you what an appropriate charge to plead guilty to would be. Negotiate a better plea deal. Besides evaluating the strength of the case against you, an attorney may be able to get you a better sentence or punishment. Federal criminal defense attorneys see what other defendants who have pled guilty have received. Ask for a diversion program. It may be possible that your charges are eligible for diversion programs. There are often creative sentencing or punishment options available, but the government or a court must be asked for these options. Advise you on your plea. There are different types of guilty pleas, and you can reserve certain issues as part of your plea. This can make a big difference as to your options on appeal, for example.Contact a Chicago, IL Criminal Defense Attorney
134 N LaSalle St, Suite 860,
Chicago, IL 60602
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