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Recent Blog Posts
What Drug Crimes Are Most Common in Will County
If you live in Will County, your biggest concern with the police may be losing your driver’s license for driving under the influence (DUI). However, your chance of being arrested for a drug crime is actually higher than your chance of being arrested for DUI. Each year in Will County, around 1,200 people are arrested for DUI while about 2,900 are arrested for a drug crime. That is more than twice as many arrests for drugs than for DUI.
How Will County Drug Crimes Compare to Other Counties
Of all Will County drug arrests in 2016, 43 percent were for cannabis, 32 percent for drug paraphernalia, and 25 percent involved controlled substances such as heroin or cocaine. Relative to the rest of the state, Will County has a lower proportion of the more serious controlled substance violations. Statewide, 42 percent of drug arrests were for cannabis, 29 percent for drug paraphernalia, and 29 percent involved controlled substances such as heroin.
Evidence Obtained in an Unlawful Police Vehicle Search Is Not Admissible in Court
Most people know that police must sometimes obtain a search warrant before searching an individual’s property. However, many are unsure as to what their rights are regarding vehicle searches. They have questions such as, “Does a police officer need a search warrant to search my car in Illinois?” and “What happens if drugs, weapons, or other evidence is obtained during a vehicle search that was unlawful?” It is critical for Illinois residents to understand their rights when it comes to searches of their personal property. If evidence used against you in a criminal proceeding was acquired by police during an illegal search, it is possible that the evidence will be thrown out and unusable in court.
The Constitution Gives You the Right to be Free from Unreasonable Searches
The Fourth Amendment to the U.S Constitution guarantees citizens the right to be free from “unreasonable searches and seizures.” This means that government or law enforcement agents cannot simply search anyone’s property for any reason. In many situations, police must obtain a search warrant from a judge before they can enter someone’s property and search for evidence of criminal activity. The Fourth Amendment also requires the person seeking a search warrant to show “probable cause” to justify the search. Probable cause means that there is a logical belief that criminal activity has taken place or is taking place.
What You Should Know About Illinois New Recreational Marijuana Laws
Illinois will become the 11th state to legalize the use and possession of recreational marijuana. The bill, which was passed entirely through legislation rather than voter referendum, would allow marijuana sales, possession and use throughout the state beginning next year. The bill specifically outlines the new rules concerning marijuana, which will be treated and regulated much like alcohol is treated and regulated now.
There Will Be Limits on How Much Cannabis You Can Possess and Where You Can Buy It
Presuming the bill is signed as promised, starting January 1, 2020, Illinois citizens who are at least 21 years old will be able to purchase and possess up to 30 grams - which is around one ounce - of dry marijuana, which is also called flower. Citizens are also permitted to possess up to five grams of cannabis concentrate and up to 500 milligrams of THC contained in cannabis products such as edibles, tinctures, or even lotions.
An Illinois Juvenile Diversion Program May Help Your Son or Daughter Avoid Incarceration
If you are a parent, you probably spend a lot of time worrying about your child and the decisions he or she is making. Unfortunately, children and teenagers can sometimes get involved with the wrong crowd and make decisions which lead to criminal charges. Young people may behave in reckless or illegal ways because they are trying to fit in, they struggle with an addiction or mental health problem, or for other reasons. If your son or daughter has been accused of a crime, it is possible that a diversion program could help them avoid jail time and turn their life around.
What is the Purpose of a Diversion Program?
Juvenile detention is similar to adult incarceration. Minors who are convicted of a crime are sent to juvenile detention as a punishment for their wrongdoing. Juvenile diversion programs are an alternative to incarceration which may be more likely to help your child stay out of the criminal justice system in the future. While the structure of juvenile diversion programs varies from program to program, they all share the same goal: to help juveniles avoid becoming repeat offenders. Diversion programs can be highly beneficial to young people and their families. Studies have shown that diversion programs are more effective at preventing future illegal activity than incarceration in juvenile detention is.
Marijuana Possession Is Still a Crime in Illinois for 2019
Illinois is set to legalize the sale of marijuana to adults age 21 and over effective January 1, 2020. The new laws on marijuana possession, public usage, and growing will also take effect on that date, presuming that Governor J.B. Pritzker keeps his promise to sign the landmark measure already passed by the Illinois House and Senate. For the remainder of 2019, however, the current laws remain on the books, so you could still be arrested and prosecuted for marijuana possession. However, simple possession of no more than 30 grams is unlikely to result in criminal charges.
How Much Marijuana Can I Legally Possess in 2019 in Illinois?
For 2019, Illinois state law (720 ILCS 550/4) declares that “It is unlawful for any person knowingly to possess cannabis.” However, the punishment for marijuana possession varies depending on the amount you are caught with:
- 10 grams or less of any substance containing cannabis is only a civil violation punishable by a fine of $100 to $200. This offense will not go on your criminal record.
Understanding the Role BAIID Devices Play in Illinois DUI Cases
For most people charged with a DUI in Illinois, their driving privileges are automatically revoked. The Illinois Secretary of State’s Office will automatically suspend the driver’s license of anyone who fails a chemical test to determine his or her blood alcohol content (BAC) or who refuses to submit to a chemical test. Losing your driving privileges can put a strain on you and your family, which is why the state gives you a few options to regain your driving privileges if they have been suspended for reasons relating to a DUI. Any option you choose for driving relief will require the use of a breath alcohol ignition interlock device (BAIID), which is why it is important that you understand what they are and how they work.
What is a BAIID?
A breath alcohol ignition interlock device, or BAIID, is a small, cell phone-sized device that requires you to provide a breath sample before you are able to start your vehicle’s engine. The BAIID is hardwired into the ignition system of the vehicle and will not allow the vehicle to start unless the breath sample provided is registered as .025 or less. If your breath sample registers at anything over .025, your vehicle will not start, but your breath sample will be recorded and saved in the device.
What Are the Differences Between State and Federal Drug Crimes
In news reports of major drug crimes, you may have noticed that the offenders are sometimes arrested by federal authorities, charged with federal crimes, prosecuted in the federal court system, and sentenced to federal prison. In other cases, the offenders are arrested by state or county officers, charged with violation of a state law, prosecuted in the state’s circuit court system, and sentenced to state prison. However, these reports usually do not explain why the offenders are being charged with a federal as opposed to a state crime.
Illinois has a Controlled Substances Act that closely mirrors the federal Controlled Substances Act. But, why does the state need a law if a federal law already exists? One reason is that state authorities may wish to act more quickly than the federal government in changing drug laws. A good example of this is the recent easing of penalties for marijuana possession in many states. Some states, like Illinois, have also been leaders in creating alternative sentencing programs for drug-addicted offenders that offer the option of a supervised treatment and rehabilitation program rather than prison.
DUI Laws You Should Be Aware Of
Most people know that the “magic number” when it comes to drinking and driving is 0.08 percent blood alcohol content (BAC). If you are driving and a police-administered Breathalyzer shows your BAC is above 0.08 percent, you are legally driving under the influence. However, DUI laws are not all this straightforward. Some individuals have even been charged with a DUI and they did not know they were breaking the law! One of the best ways to avoid a criminal DUI charge is to fully understand Illinois DUI law and your rights as a citizen. If you have been arrested for drinking and driving, legal guidance from a qualified criminal defense attorney can be a tremendously valuable asset.
Under the Legal Limit
Although the 0.08 percent BAC standard applies to most DUI situations, the rule is not the only way that person could face penalties. A driver could still be charged with driving under the influence in Illinois with a BAC under the legal limit, if prescription drugs or illegal drugs were present. In addition, drivers under the age of 21 can face stiff license penalties even if they are under the .08 BAC limit. Many young people experiment with alcohol before they are of legal age to do so. However, driving with even a small amount of alcohol in your system can result in punitive license consequences. For those drivers under age 21, a BAC of even just 0.01 percent is considered a failed test and can result in a license suspension under a zero tolerance administrative action.
Understanding Common Violent Crimes Committed in Illinois
The Federal Bureau of Investigation (FBI) defines violent crime as any crime that involves the use of force or the threat of force. Violent crime was once a very big issue in the United States and was cause for much concern at its peak in the 1990s. According to information from the FBI and the Bureau of Justice Statistics, violent crime in the U.S. has fallen anywhere from 49 percent to 74 percent between 1993 and 2017. Though this is an advancement, violent crime is still all too common and occurs in common forms. Here are a few common types of violent crimes in the United States:
Assault and Battery
Assault and battery are two of the most common violent crimes committed. It makes sense to talk about them together because they are very much interrelated. Assault occurs when you perform an activity that places another person in danger of being physically hurt. Battery occurs when you cause bodily harm or make physical contact with another in an insulting or provoking nature. Both crimes can be elevated to aggravated charges for a number of reasons, including using a firearm during the crime or committing the crime against a certain person or in a certain place.
What Is the Maximum Sentence for Juvenile Crimes in Illinois
When a juvenile commits a felony crime such as murder, do they deserve to spend the rest of their life in prison? A recent Illinois Supreme Court decision says “no.”
The U.S. Supreme Court had already ruled in 2012 that mandatory life sentences for juveniles who commit murder are unconstitutional under the Eighth Amendment prohibition of cruel and unusual punishment. In 2017, the Illinois Supreme Court ruled that discretionary sentences of life without parole and de facto life sentences are also prohibited. The question remained, however, as to what length of sentence should be deemed an “in fact” life sentence. This question was recently addressed by the Illinois Supreme Court in the 2019 case of People v. Buffer, 2019 IL 122327.
