Posted on October 21, 2015 in Drug Crimes

With recent efforts to at least decriminalize marijuana, along with the introduction of a pilot program for the medical use of marijuana, Illinois seems to be remaining fairly contemporary regarding popular opinion about the drug. As one of 23 states with legalized medicinal marijuana, Illinois has stayed comfortably in the middle of the pack as it takes steps toward what many believe will be the ultimate legalization of recreational use. According to recent polling numbers, that is just what a majority of American would like to see.

Third Year in a Row

Noted polling organization Gallup reported that, for the third consecutive year, more than half of U.S. adults are in favor of making marijuana legal in this country. Gallup’s most recent numbers show that 58 percent of those polled support legalizing the drug’s use, tying 2013’s high-water mark. Polling numbers dipped 51 percent in 2014, but rebounded this year as the topic has gained momentum among 2016 presidential hopefuls.

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 Posted on October 19, 2015 in DUI

Before you were arrested on charges of driving under the influence, you probably failed or refused a blood alcohol content (BAC) chemical test. Such tests, while not the only criteria for determining your impairment, are administered to establish your BAC, and the penalties for failing or refusing them are administered by the Secretary of State’s Office.  They are applied separately from any sentence or penalties imposed as conditions of court supervision or as the result of a DUI conviction.

Statutory Summary Suspensions

Technically considered an administrative penalty as opposed to a criminal one, a statutory summary suspension applies to any driver who fails or refuses to submit chemical BAC testing. If you fail a breathalyzer, blood, or urine test for the first time, your driving privileges will be suspended for 6 months. A suspension of 12 months will be applied for subsequent failures. What constitutes a failed test depends upon the driver’s age and whether the vehicle is commercial or private. The legal BAC limit for a driver 21 or older operating a private vehicle is 0.08 percent, 0.04 percent for a commercial vehicle, and 0.00 for any driver under 21.

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 Posted on October 14, 2015 in Criminal Defense

You have probably seen it dozens of times on TV procedural dramas. A crime victim or potential witness stands behind a one-way mirror while a small parade of suspects are lined up for the purposes of identification. While not definitive evidence, the witness’s recognition of a suspect provides a basis for the continuing investigation. In the real world, lineups are also used in criminal cases to help narrow down a suspect list and, sometimes, as a form of testimony. Unfortunately, however, eyewitnesses are not always reliable sources of information and mistakes have led to the conviction of many innocent suspects. That is why the state of Illinois has developed a statutory procedure for lineups which took effect at the beginning of this year.

Photographic Lineups

Unlike the common television trope, most lineups in Illinois utilize photographs, although live lineups are still used in some cases.  However, “cognitive bias” by the lineup’s administrator, including subconscious cues or body language, can unintentionally affect the results of such procedures. To combat such influences, the new law requires law enforcement departments to have an independent administrator conduct the lineup. The administrator must be an individual with no knowledge of the case or the identity of the suspects. In addition, the lineup must be recorded on video whenever possible to ensure compliance with proper protocols.

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 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 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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