Posted on October 12, 2015 in Drug Crimes

It has been more than 21 months since the Illinois medical marijuana pilot program officially went into effect. However, the program, which was designed to provide insight into how the state and society would be affected by medicinal use of the drug, has yet to offer any type of usable data since dispensaries have not had any product to make legally available. The wait, it seems, is just about over. At least one grower is reportedly beginning to harvest the first legally-grown crop of marijuana in the state, and officials indicate that dispensaries around the state will soon be able to offer registered participants the opportunity to purchase it.

Licensed Growers Only

The measure officially legalizing the use of medicinal marijuana was signed into law on August 1, 2013, by then-Governor Pat Quinn. The Compassionate Use of Medical Cannabis Pilot Program Act went into effect on January 1, 2014, and those with qualifying conditions began talking to their doctors about participating in the program. To date, more than 3,000 applications have been processed by the Department of Public Health, but due to bureaucratic delays and ongoing legal battles, production did not begin until earlier this spring.

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 Posted on October 07, 2015 in BAIID

What do you get when you cross an intoxicated Navy sailor, an ignition interlock device, and raccoon? Well, if you believe everything you read on the internet, you get a creative way to start a car and very angry furry passenger. Although highly entertaining, it turns out that the story, like so many others in recent years, was the result of an active imagination, subsequently overshared and under-verified.  Various news outlets have since confirmed the viral account as a hoax, albeit with no small measure of amusement.

All From a Single Image

The story began with a post on the picture-sharing site Imgur, which allegedly showed an incident report originating at Camp Pendleton in San Diego, California. According to the report, a Navy petty officer left a bar and needed to start his personal vehicle which was equipped with a breath alcohol ignition interlock device (BAIID). Too drunk to meet the device’s requirements, he supposedly captured a raccoon rummaging in a trashcan nearby, and squeezed its body to provide the breath sample needed by the BAIID to start the car, leaving the animal unconscious. The man, the story continued, left the raccoon in the vehicle and began driving. A short time later, the animal regained consciousness and attacked the driver, causing an accident that ended up with the vehicle in an in-ground swimming pool.

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 Posted on October 05, 2015 in Criminal Defense

After more than 25 years, Illinois residents looking for cheaper drinks after work will be able to legally find them. Illinois lawmakers, earlier this year, passed a measure that repealed the ban on happy hour throughout the state. The new law took effect on July 15, 2015, and while most restaurant and bar owners are excited about the prospect of additional business, some still have concerns over the potential for danger among inebriated customers, including the possibility of drunk driving.

Why Was It Banned?

Throughout the 1980s, public safety campaigns around the country focused heavily on the dangers of alcohol-related accidents. Groups like Mothers Against Drunk Driving (MADD) successfully raised awareness of the problem, which, in turn, led to a demand for more aggressive preventive measures. Some municipalities, including here in Illinois, thought that a solution might be found in limiting discounted drinks to reduce binge drinking and drunk driving accidents. The state, as a whole, followed suit in 1989, albeit with rather inconsistent provisions. Happy hours were banned, but full-day specials were permitted, and many restaurant and bar owners found other, clever ways around the law anyway.

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 Posted on September 30, 2015 in Violent Crime

In a period of about 15 hours, beginning this past Monday night, 14 people were shot in the Chicago area, including six who were killed. The shootings come on the heels of two consecutive weekends in which more than 50 people were shot in the Windy City. More than 40 were shot during each of four consecutive weekends in August, as well. The rash of violent crime has not gone unnoticed by city officials, who are insistent that it is time to take action to get the violence back under control.

Sobering Statistics

According to Chicago Tribune estimates, some 2,300 shootings have been reported in the city of Chicago this year, up by nearly 400 from the same time last year. The number of homicides, through Sunday, stood at 359, a 21 percent jump from 2014, Chicago police data indicates. The problem, it seems, is not limited to Chicago, as homicides are on the rise in in major cities across the country, including Saint Louis, which is up 60 percent, Baltimore, up 56 percent, and a staggering 76 percent in Milwaukee. While the issue seem magnified when contrasted with last year’s near-record low homicide rates, there is little question that concern is certainly warranted.

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 Posted on September 28, 2015 in Criminal Defense

Whether it was a charge of retail theft or violent crime such as assault, if you have been convicted of a crime, your situation may feel hopeless. You have been found guilty and sentenced; what else is there to do? It is very possible, however, that your story does not end there. Any defendant who has been found guilty in an Illinois court has the right to file an appeal regarding either the conviction or the imposed sentence. A qualified criminal defense attorney can help you examine your case to determine if and what type of appeal might be in your best interest.

Basis for Appeals

In most cases, your appeal must be based on one of two general principles. Your appeal will need to show that:

• The trial court made a serious error in procedure or in applying the law; or
• The evidence was not sufficient to support to the trial court’s verdict.

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 Posted on September 23, 2015 in Criminal Defense

In recent years, the news has been filled with cases about self-defense and so-called "stand your ground" laws. Illinois law makes it legal to protect yourself in self-defense in certain situations. Sometimes when someone has been charged with a crime like assault or even murder, they claim they acted in self-defense. How does self-defense work in the criminal justice system?

What Self-Defense Means in Illinois

Every state has a different definition of what self-defense means. In Illinois you properly act in self-defense when:

• Force is threatened against you or someone else;
• You are not the aggressor;
• You must have been threatened with unlawful force;
• The danger of harm is imminent;
• You must believe the danger exists;
• You must believe your use of force is necessary to avoid the danger; and

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 Posted on September 21, 2015 in Criminal Defense

After you are arrested in Illinois, one of the first times you appear in court will be for an arraignment. This is a special type of procedural hearing that only occurs in criminal cases. Several things happen at an arraignment that will have a major impact on how the rest of your case proceeds. It is important that you understand your rights and that you talk with your lawyer prior to your arraignment.

Hearing the Charges

The two main purposes of the arraignment are to read the defendant the charges against him or her and to hear the defendant’s plea. You have a right to have a lawyer present at the arraignment. If you do not have a lawyer, you should still attend the hearing because failure to appear in court is a separate crime and a very serious matter. The judge will issue an arrest warrant and possibly revoke your bail if you fail to make your court date.

If you do not have a lawyer, you can ask for more time to find a lawyer to represent you.

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 Posted on September 16, 2015 in Criminal Defense

The recent arrest of a Chicago man on charges that he sexually assaulted a prostitute has created a firestorm of controversy over what constitutes rape and the perceived rights of sex workers. The matter is beginning receive a measure of national attention, as The Huffington Post picked up the story earlier this week.

The Criminal Charges

According to the Cook County State’s Attorney’s office, a 29-year-old man solicited the services of prostitute he found on a website, agreeing to pay $180 for sex. When the prostitute arrived at his Austin neighborhood home, authorities say, the man raped her at gunpoint. The woman subsequently called the police and was examined at West Suburban Hospital. The man was arrested after being identified by the victim and he admitted to what he had done. He is charged with aggravated criminal sexual assault and is currently being held on $750,000 bail.

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 Posted on September 14, 2015 in Criminal Defense

When they become apparent, rising crime levels are definitely cause for concern, and it can be helpful to have to defend yourself. For this reason, combined with the rights protected the Second Amendment, carrying a concealed firearm is legal in Illinois, but only with the necessary permit and in accordance with restrictions in the law.

In late 2013, Illinois became the last state to legalize the carrying of a concealed weapon, following a federal court ruling that found the existing ban on the practice to be unconstitutional. Concealed carry, however, requires an individual to obtain a permit from the Department of State Police, and gun owners must adhere to a long list of restrictions that determine where, or when, you can carry a concealed firearm.

Where Am I Not Allowed to Carry a Concealed Weapon?

The Firearm Concealed Carry Act, the law that allows concealed carry for appropriately-licensed Illinois residents, went effect in 2014. The Act grants a permit holder the right to carry a concealed firearm on his or her person, so long as he or she is in possession of the permit. However, the law also prohibits carrying a concealed weapon in many locations, including:

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 Posted on September 09, 2015 in Criminal Defense

A pair of San Antonio, Texas, high school football players have been suspended indefinitely following an incident in which they apparently attacked a game official during live play. Video shows the official, who was observing the play from behind most of the action, get hit hard and tackled by one of the players. The other player can be seen following the hit with a “spear”—direct contact with the crown of the helmet—while the official laid on the ground.

By all accounts, the hits appeared to be completely intentional and unrelated to the immediately occurring play on the field. There has much speculation as to the impetus behind the players’ actions, but nothing has yet been confirmed. Reports from the school district and the University Interscholastic League (UIL) indicate that investigations into the incident are ongoing, but that the players have been suspended both from the team and from school. The UIL, the state’s governing body for school sports, is expected to participate in a due process hearing in the near future. Local police are also investigating, and criminal charges related to the hits are possible.

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