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Recent Blog Posts

Legal Consequences Not the Only Risks of Drug Use

 Posted on June 01, 2016 in Uncategorized

Illinois defense attorney, Illinois criminal lawyer, Chicago drug crimes attorneyWhile heroin and opioids have received major media attention lately, the drug problem in America is widespread and involves many illegal substances. There is no denying that the heroin and opioid problem is an epidemic, leading to thousands of overdoses each year, as well as legal problems for many more. Opioids and heroin, however, are not the only substances causing problems. Below is recent data collected by the Centers for Disease Control on the growth of drug overdoses in America.

Opioids

The category of opioids consists primarily of medications prescribed to relieve pain. This includes hydrocodone, oxycodone, morphine, and codeine. When used as prescribed these drugs help patients manage pain, but when abused, they carry major potential side effects. Respiratory problems are common, and even a single large dose can lead to death. These substances are also extremely addicting. Deaths due to overdosing on opioids have skyrocketed in America. In 2000, the rate of fatal overdoses related to opioids was well under 5,000 individuals per year. In 2014, more than 15,000 people died of opioid related overdoses.

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Illinois Concealed Carry Law

 Posted on May 27, 2016 in Weapons

Illinois defense attorney, Illinois criminal lawyer, Ilinois gun lawsThe new bill that lawmakers have introduced potentially will allow firearms on public transportation. Illinois representative, Jerry Costello, introduced the law to extend citizens Second Amendment rights to public transportation, citing that with the large percentage of the population relying on public transportation, they should be able to defend themselves. Although the bill has only been proposed and is awaiting the vote of the house, if it were to pass, those who wanted to carry would need to obtain their concealed carry license, or face firearm possession charges.

How to Obtain an Illinois Concealed Carry License

As of July 9, 2013, Illinois passed the Concealed Carry Act, requiring an Illinois Concealed Carry License in order to legally conceal carry within the state. With that being said, the process of earning one of those licenses is still relatively new to the state. In order to even begin the application process, citizens must meet a few eligibility requirements:

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How Law Enforcement Uses Social Media

 Posted on May 20, 2016 in Computer Crime

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerDid you know that law enforcement agencies across the country use social media sites like Facebook, Twitter, and Instagram for a variety of purposes? It should come as no surprise, considering data from a 2015 report from SocialTimes shows that the average internet user in America spends 1.72 hours daily on social media sites. In fact, the same survey showed that 28 percent of all online activity in the United States is social media related. In the Age of Technology, even authorities are using social media, sometimes for communication, sometimes for strategizing, and sometimes to solve crimes.

Sharing Information

Many people consume news through social media platforms, and law enforcement agencies nationwide have found sites like Facebook to be a great method for disseminating information. Officials can share any relevant information quickly and ask followers to help spread the news as well. Citizens expect news to be shared in an accessible way, and many agencies report that community members expect police forces to have strong social media presences. Sharing news quickly is especially important in dangerous situations, where authorities can use social media to inform followers of things like areas to avoid.

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Survey Shows Teen Alcohol Use In Illinois Higher Than US Average

 Posted on May 12, 2016 in Juvenile Crime

Illinois defense attorney, Illinois criminal lawyer, Illinois juvenile crimes lawyerSpring is a popular time for teen drinking. Prom, spring break, and graduation celebrations all provide opportunities for underage drinking, and advocates are encouraging parents to discuss the consequences of underage drinking with their children. Aside from physical and emotional harm, underage drinking can bring with it a slew of legal consequences if caught. In Illinois, consequences can include misdemeanor charges, and the penalties increase if the drinker was behind the wheel or used a fake form of identification to acquire the alcohol. These consequences, however, do not seem to be slowing Illinois teens. Higher Than National Rates

According to a new report conducted by the Illinois Youth Survey, alcohol abuse by Illinois teens is higher than the national average. The survey results show that 26 percent of Illinois 8th graders report drinking alcohol in the past year. By senior year, the number increases significantly. 62 percent of Illinois high school seniors report consuming alcohol within a year from the survey date. While the survey shows that overall underage drinking in Illinois is down compared to past years, Illinois teens are more likely to consume alcohol compared to their national counterparts. In Illinois, 14.9 percent of 8th graders reported consuming alcohol in the past 30 days, compared to 10.2 percent of 8th graders nationwide. Similarly, 44.4 percent of Illinois 12th graders report consuming alcohol in the past 30 days, compared to a national 39.2 percent. Underage drinking advocates are optimistic, however, as the results show underage drinking in Illinois is declining, and binge drinking among teens is down as well.

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An Update on Marijuana Laws in Illinois

 Posted on May 06, 2016 in Uncategorized

Illinois defense attorney, Illinois criminal lawyer, drug crimes, Illinios drug lawsMarijuana is a controversial substance in America. States like Oregon, Washington and Colorado have recently legalized recreational use of marijuana, and the stigma surrounding the substance seems to be slowly fading across the country. In Illinois, opinions are mixed. Despite multiple setbacks, the state’s pilot program for legalized medical marijuana is going strong, with 29 dispensaries currently in business across the state. A bill to decriminalize marijuana in Illinois was vetoed last year, but a similar measure has recently been revived. Will Illinois follow suit with more relaxed marijuana legislation, or possibly legalize the substance for recreational use?

New Decriminalization Measure Submitted to Illinois Senate

A new measure was recently introduced into the Illinois Senate that would decriminalize marijuana in the state. A similar bill died last year after Illinois Governor Bruce Rauner vetoed the bill, calling for tighter restrictions. This new measure, which would decriminalize the possession of small amounts of marijuana, does include many of the changes the Governor suggested. Per the new measure, possession of any amount of marijuana under 10 grams would result in a ticket rather than arrest. Fines would range from $100 to $200, and the new bill also lowers the limit at which a driver can be charged with drugged driving due to marijuana.

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Chicago Authorities Trained to Recognize Shoplifting Techniques

 Posted on April 12, 2016 in Shoplifting

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerAccording to the National Association For Shoplifting Prevention (NASP), only 3 percent of those who shoplift are professionals. This three percent is made up of drug addicts, shoplifting gangs, and others who intend on making profits or feeding their drug addiction through theft. Essentially, they feel the need to shoplift to further their lives in some way. The other 97 percent of shoplifters in America are amateurs, or “non-professionals” who shoplift due to thrill-seeking or peer pressure. In fact, 73 percent of adult shoplifters, and 72 percent of juvenile shoplifters do not plan to steal in advance of their theft. There is no typical shoplifter. Men and women of all ages and races shoplift, and the amount of Americans who shoplift at some point throughout their lifetime is significant. One in 11 people, according to the NASP, are shoplifters in some capacity. In Chicago, businesses small and large are struggling to deal with the rising number of shoplifters in the city. As shoplifters are difficult to identify ahead of time, authorities, store employees, and retail loss prevention personnel are being trained to identify many of the  typical ways people shoplift. Here are a few common shoplifting techniques authorities look for: The Walk Out: This shoplifting technique is just what it sounds like. The shoplifter simply grabs the item they would like to steal, and walks out of the store. This quick theft may seem less than subtle, as many who use this technique make little effort at all to hide the merchandise they are stealing. In reality, many thieves are able to “grab and go” before they are ever spotted by store employees or authorities. Hiding the Merchandise: Thieves often attempt to conceal the items they wish to steal. Merchandise can be hidden in clothing, strollers, and personal items like purses and backpacks. Another common tactic is to store one item inside another item. Many thieves will then pay for the one item, and not be charged for the other. Store employees are often trained to identify when a potential thief is attempting to conceal merchandise. Metal Lining: Chicago authorities report many shoplifters who use metal lined bags to steal merchandise. These are typically the “professional” shoplifters, who plan their theft in advance, as most people do not regularly carry metal lined bags. These bags do not set off store’s alarm systems, allowing the shoplifter to walk free. Many stores do not allow individuals to bring bags with them, and those that do have trained their employees to monitor customers who enter with large bags in hand. Returning Stolen Goods: Retailers report shoplifters stealing items to later attempt to return them for cash or store credit. For this reason, most major retailers enforce return policies. Swapping Tags: This clever theft method involves switching tags on two items. Shoplifters will place a tag for a cheaper item on a more expensive item, and hope the store employee at checkout will not notice. Have You Been Caught Shoplifting? Many shoplifters report feeling a “high” after stealing. For many, this rush is the true reward of shoplifting, rather than the stolen goods. Shoplifting can be addicting, and those who commit retail theft of any kind are encouraged to seek help. As Chicago authorities and businesses step up their shoplifting prevention, the likelihood of getting caught increases as well.

If you have been arrested for shoplifting, you need the help of a qualified Chicago area criminal defense attorney. Depending on the value of the items you stole, and your criminal background, you could be charged with a Class A Misdemeanor or a Class 3 felony offense, both serious charges. In addition to possible jail time, fines, and other legal consequences, those charged with shoplifting could be affected for the rest of their lives, as criminal retail theft charges often make it difficult to land a job or rent an apartment. For these reasons, the attorneys at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney are here to help. Call 312-629-0669 to schedule a free consultation with us today.

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Illinois County Offers Drug Court and Treatment for Addicts

 Posted on April 07, 2016 in Drug Crimes

Illinois defense attorney, Illinois criminal lawyer, Chicago drug crimes attorneyAs officials across the state of Illinois look for ways to reduce the staggering state prison population, one Illinois county may have found a solution. In Will County, offenders arrested on substance abuse charges are provided help and rehabilitation instead of incarceration. Keeping individuals in prison is expensive, with overall costs reaching nearly $40,000 per Illinois inmate, and many offenders are likely to return to prison after being released. In Will County, however, drug offenders are given the chance to access the help they need to fight their addictions through drug court, allowing them to move forward with their lives. Should other Illinois counties follow suit? A Solution to Costly Incarceration According to a report from the Illinois Criminal Justice Information Authority, 13,000 of the state’s inmates were in need of substance abuse treatment during fiscal year 2014. Only half of those inmates received help, however, meaning many were released and continued to struggle with drug addiction, often leading to a second arrest and further prison time. In fact, 45 percent of Illinois offenders return to prison within three years of their initial release. Constant incarceration destroys lives, and is expensive for the state and tax payers. Less than 10 percent of drug offenders in Will County return to prison, thanks to the county’s drug court program that helps offenders recover from their addiction, and at a fraction of the cost. Women and men convicted of a drug related crime in Will County are eligible for the drug court program, where over the course of 18 months they receive the help, support, and treatment they need instead of a felony and prison time. Will County State’s Attorney James Glasgow says it is important to provide help to individuals arrested due to charges related to their addiction. “We found a tool that works and we are using it aggressively. Because of the heroin problem the way it is, it is critical that these individuals get into drug court not just to avoid prison, not just to avoid a felony conviction, but to stay alive.” Compared to the nearly $40,000 cost per inmate incarcerated in Illinois, Will County’s drug court only costs $3,000 per participant. Without a felony on their record, and with help to recover from addiction, offenders are given the chance to start a new job, and get their life back on track. A Kinder Future for Drug Offenders Will County officials say drug court is a viable option to help reduce the state’s prison population, and also provide some compassion for substance abuse offenders who often need help. Glasgow says continuing down the same path of incarcerating drug offenders is no longer viable, and that the traditional method of handling drug offenders is “going to bankrupt us.” In Illinois, there are 60 drug courts, and advocates of rehabilitation programs for drug offenders are calling for state officials to invest in these programs statewide. Through drug courts, Illinois citizens struggling are able to combat their addiction and move forward, saving thousands of taxpayer dollars. An Experienced Criminal Defense Attorney Can Help While drug courts may not be an option for every offender statewide, there is help available to those facing drug related charged. Do not let a drug charge put your future in jeopardy. Contact an experienced Chicago defense attorney. Attorney Hal M. Garfinkel and his team have years of experience successfully defending clients from drug charges, and are available to assist you today. Call 312-629-0669 to schedule a free consultation to learn more about your options.

Source:

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What Is It Like to Be Stopped for Drugged Driving?

 Posted on April 05, 2016 in DUI

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerDrugged driving is a growing problem. With the recent legalization of marijuana in a few states, and widespread acceptance in many others, law enforcement officials across the  country report an alarming increase in the number of drivers caught driving while high. Marijuana is not the only culprit, either. Authorities nationwide are being trained to identify when a driver is under the influence of any illegal narcotic or prescription drug that could cause impairment, and for good reason. According to recent studies, 20 percent of weekend, nighttime drivers are under the influence of some type of drug. The police use a number of tactics, including impairment tests and blood work, to determine if a driver is guilty of drugged driving. What is it like getting pulled over and being suspected of driving while on drugs? In response to the growing problem, police departments across the country are training their officers to recognize and handle drugged drivers. Many officers are receiving specialty training to become DREs, which stands for drug recognition expert. The training is extensive, and includes over 100 hours of education. The officers are taught to identify signs that may indicate the driver is intoxicated due to a drug. Signs include unusual pupil activity, such as twitching, dilating or pulsing, strange tongue coloration, flecks of powder in or around the nostrils, and high pulse rate, to name just a few. Different drugs have different telltale signs. An officer may be able to identify which type of drug the driver is using at the scene, but further tests are often necessary once the driver is brought into custody. A Typical Drugged Driving Stop An officer notices a vehicle being operated erratically, and pulls the driver over. If impairment is suspected, the driver is given a field sobriety test. This is the standard roadside impairment test. The driver may be asked to walk in a straight line, or stand on one leg. If the driver fails, they are arrested for driving while intoxicated. If a breathalyzer test is administered and the results show no alcohol, the officer will begin testing for illegal or prescription drugs that may be impairing the driver. Typically, the officer will either have a drug testing kit with them, or call for back up to bring one. This kit includes a thermometer, a blood pressure meter, a stethoscope, and a “pupilometer,” a tool that helps officers determine if a suspect’s pupils indicate drug use. Through this testing, an officer should be able to identify which substance the driver has ingested, be it an illegal drug or prescription medication that has impairing effects. From there, further testing, including urine testing and blood work is available if necessary. In Illinois, refusal to take these tests can lead to further consequences for the driver. Authorities say these tests help them arrest dangerous drivers, and also help rule out drivers who are not impaired at all, but may seem like they are under the influence. Drugged Driving Consequences The state of Illinois handles cases of drugged driving very seriously, and consequences are severe. Even a first time offender could face license suspension, lofty fines, and other penalties. Second and third time offenders should expect even higher fines, loss of licenses for extended periods of time, and potential imprisonment. Any trace of an illegal drug found in a driver's system could be reason to press charges, even if the user ingested the drug hours or days before driving. Marijuana, for example, can be detected in the body for up to a month after ingesting, and a driver could potentially face drugged driving charges even if they ingested the drug long before driving.

If you are facing charges related to driving while under the influence, be it due to drugs or alcohol, you need the help of a qualified Chicago area criminal defense attorney. Attorney Hal M. Garfinkel and his team has successfully defended numerous clients facing DUI charges, and we are here to help you today. Call 312-629-0669 to schedule your free consultation with us today to review your legal options.

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Are Ignition Interlock Devices Effective?

 Posted on March 29, 2016 in DUI

Illinois defense attorney, Illinois criminal lawyer, Cook County drunk driving lawyerJust how effective are ignition interlock devices? The tiny devices that prevent intoxicated drivers from starting or operating a vehicle have grown in popularity across the country as an effective method to prevent drunk driving. Since the first legislation on ignition interlock devices was put in place in 1999, every state in the country now utilizes the devices to help combat DUIs. Twenty-five states, including Illinois, have laws in place that require the devices be used after any DUI conviction, and drunk driving advocates are calling for other states to follow suit. Do the devices really keep American roadways safer? According to a report released recently by the widely known drunk driving awareness group Mothers Against Drunk Driving (MADD), ignition interlock devices have thwarted 1.77 million drunk driving attempts nationwide since their first use. The report, the first of its kind, used data provided by the 11 major companies that manufacture ignition interlock devices. The devices are installed in an offender’s vehicle and prevent the car from starting unless the driver blows into the device to prove their sobriety. The devices may also require drivers to stop mid-drive and blow again, ensuring that they cannot start drinking on the road or have another person start their vehicle for them. According to MADD, the states that use the devices the most frequently have seen the most drastic decreases in DUIs and DUI related fatalities. Arizona, for example, has seen drunk driving deaths decrease by 50 percent since they first began using the tools to stop drunk driving. Many other states have seen 30 to 40 percent decreases. The report includes any attempt to start a vehicle by a driver whose blood alcohol content was .08, the legal limit, or higher. Since the state of Illinois began utilizing the devices, 96,456 drunk driving attempts have been prevented. In Washington, 103,913 attempts have been stopped. In Colorado, 92,503 attempts have been thwarted. That is only including drivers who have been at the legal limit of intoxication or higher, and MADD says that the figures for those who blow a .025 or higher are much larger. Upwards of 12 million buzzed drivers have been stopped thanks to the devices. Now, drunk driving advocates are calling for every state across the country to require the devices be installed in every DUI case. While every state does currently use the device in some way, some states only use them in cases involving repeat offenders, or with drivers who have a qualifying blood alcohol content. In Maryland, for example, the devices are only required in cases where the driver's blood alcohol content is .15 or higher, almost twice the legal limit. Other states let judges decide whether to use the devices or not on a case by case basis. Drunk driving advocates say that for the devices to be truly effective, they need to be required after every DUI case. In a statement released by MADD, the organization says no other preventative measures are as effective as ignition interlock devices, and that no other option physically prevents drivers from operating their vehicles while intoxicated like an ignition interlock device can. “That is why MADD believe every option for treatment and rehabilitation should include an ignition-interlock requirement to allow the offenders to safely travel without putting others or themselves at risk.” Opponents to the devices say they are too expensive to utilize in every case, but advocates say drunk drivers simply cannot be trusted to not repeat themselves. In fact, around a third of individuals arrested for or convicted of drunk driving are repeat offenders, and studies show that the average drunk driver has driven intoxicated 80 times prior to being caught. DUI Charges Could Mean Severe Consequences Most law enforcement agencies across the country hold a “no-tolerance” policy towards drunk drivers, and drunk driving penalties have become harsher. If you are facing DUI charges, you need the help of a qualified Chicago criminal defense attorney. You need an attorney with a track record of success. Call 312-629-0669 today to schedule your free consultation with the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney. Attorney Garfinkel, a former prosecutor, has successfully defended many clients from DUI related charges. Do not leave your future in the hands of the Illinois legal system. Call us today to schedule your free consultation.   Sources:

https://www.cars.com/articles/how-many-drunken-drivers-have-ignition-interlocks-stopped-1420683820456/

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Street Gangs and Financial Fraud

 Posted on March 22, 2016 in White Collar Crime

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerMost of us associate violence, drugs, and weapons with gangs in America, but law enforcement agencies across the country report a surprising new activity gang members have taken up: financial fraud. Authorities say major gangs are increasingly getting involved in financial crimes like check fraud and identify theft, largely due to the fact that the payout is much higher than typical gang related activity. Additionally, financial fraud is more difficult for law enforcement agencies to detect, and officials say large sums of money are on the line. Less Risk, More Reward Officials say they were caught off guard by the recent number of gang related financial crimes, but are not surprised by the growing trend. Financial crimes are harder for authorities to detect, and often carry softer prison sentences compared to the activities gangs are typically associated with, such as gun violence and theft. Most importantly, however, is the large amount of money gangs across the country are reaping in. While no official report has been released detailing just how much money is at stake, recent attempts by gang members have been ambitious. Just last summer, a members of the Outlaw Gangsta Crips in Brooklyn were caught using fake checks to withdraw money from popular banks like Bank of America and J.P. Morgan Chase. Authorities say the gang brought in over $500,000 before being caught. In another recent case, California authorities thwarted members of the Long Beach Crip gang from stealing $14.3 million through tax-fraud and identity-theft. Gangs have increasingly turned to white collar crimes over the past few years, and officers across the country are being trained to monitor gangs for more than their typical activities. “We think of gang members being knuckleheads, but these guys are using a sophisticated thought process and getting involved in stuff that requires technology and an understanding of the banking system,” says one California detective. In New York, authorities say gang members are found with forged credit cards so frequently, they have come to call them “the new drug.” This new trend is challenging for agencies across the country, many of whom have different groups assigned to handling financial crime and gang activity. Along with credit card fraud and identity theft, officials say they are seeing more check fraud from gang members as well. New York authorities caught members of the SNOW gang who would steal checks from mailboxes and rewrite them, allowing their conspirators to cash the checks themselves. The SNOW members alone cashed nearly $35,000 in fake checks, and authorities say the problem will likely continue to grow across the country. For now, agencies are doing their best to educate agents to identify these types of activities and help prevent them from harming innocent citizens. Facing Charges? You Need Help

If you are facing charges related to a white-collar crime such as bank fraud, you need the help of a qualified Chicago area criminal defense attorney. The Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney represents clients facing these types of serious legal charges, and has successfully helped many clients avoid major prison sentences and other harsh penalties. Serious charges require strong representation, so do not wait to seek help. Call 312-629-0669 today to schedule your free consultation with us to learn more.

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