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Recent Blog Posts
Concealed Carry Law: Illinois’ Shall Issue Requirement
The state of Illinois has long been known for its strict policies on gun ownership, particularly in regard to handguns. In fact, Illinois was the last state in the country to enact a law permitting the possession of concealed weapons. The law, however, represented the state’s legislative reaction to a 2012 federal appeals court ruling that a complete ban on concealed carry was unconstitutional and violated the second amendment rights of citizens. The court provided a 180-day window within which the state legislature could craft an acceptable measure that balanced public safety interests with citizens’ rights.
Requirements for a Concealed Carry Permit
Passed in 2013, and going into effect in 2014, the Firearm Concealed Carry Act provides guidelines for permit eligibility. To be eligible, an individual must:
Governor Amends Lawmakers’ Proposal on Marijuana DUI Limits
A few weeks ago, a post on this blog discussed a bill that would have created the created the state’s first quantitative standard for driving under the influence of marijuana. The measure had been approved passed with bipartisan support by the Illinois House and Senate and was sent to the desk of Governor Bruce Rauner for his signature. The governor, however, found the proposed limits to be too permissive and returned the bill to the legislature with a proposal of his own, exercising his amendatory veto power.
Zero-Tolerance and Initial Proposal
Under the existing laws in Illinois, a driver could face charges for DUI if any trace of marijuana is found in his or her system. This presents several problems, proponents for change contend. First, efforts are underway around the country and in Illinois to decriminalize marijuana possession, with some starts having already legalized recreational use. Thus, a zero-tolerance policy for presence of a substance, the use of which may or may not have been illegal, does not seem to make sense when impairment is not a factor. The other main concern is that it takes a significant amount of time for all traces of marijuana to be fully metabolized or expelled from the body. In fact, some remnants can remain in a person’s system for several weeks, long after its impairment effects have worn off. Critics of the current law maintain that a DUI arrest today based marijuana use last week—which may have been legal if the driver visited another state—is simply unjust.
Evidence Gathered in Warrantless Cell Phone Searches is Inadmissible
When an individual is arrested, whether it is on charges of DUI , weapons offenses, or possession of drugs, the arresting officer will normally conduct a pat-down search of the arrestee. This is done in an effort to prevent the officer from being injured by any object on the individual’s person that may pose an immediate threat. The search is also conducted to prevent the destruction of immediately available additional evidence, such as drugs or drug paraphernalia. However, up to 90 percent of American adults routinely carry a cell phone or other mobile device that may be seized by police subsequent to an arrest. Thanks to a ruling by the United States Supreme Court, though, the police must obtain a warrant before looking through an arrestee’s cell phone for additional information.
The decision came as the result of two separate cases from opposite sides of the country. In the first, a California man was convicted for additional crimes when a warrantless search of his cell phone led to incriminating evidence that was used against him at trial. In the other, a man in Massachusetts was arrested for selling drugs and law enforcement officials searched his phone. Using information on the phone, they were able to identify the man’s apartment, a warranted search of which found additional drugs and illegal weapons. Together, the two cases reached the nation’s high court, which, in a unanimous decision, solidified the concept of digital privacy by prohibiting warrantless searches of cell phones.
Challenging the Results of Field Sobriety Tests
If you were asked to stand on one leg for thirty seconds, right now with no warning, could you do it? What about walking in a straight line, heel to toe, reversing direction and walking back on the exact same line, whether you could see the line or not? If either of these presented a significant challenge for you, federal authorities suggest that there is about an 80 percent chance that you might be intoxicated. Of course, this exercise is meant to be an exaggerated example, but the reality is that tests such as the ones mentioned are used by law enforcement every day as subjective evidence against drivers charged with DUI , knowing full well the tests are not always accurate.
Battery of Standardized Field Sobriety Tests
The National Highway Transportation Safety Administration recognizes three roadside behavior assessments as “Standardized Field Sobriety Tests” or SFSTs. The tests include the two previously discussed and a third, the horizontal gaze nystagmus, in which the administering officer asks a driver to follow a small object, such as a pen, with his or her eyes, looking for involuntary jerking of the eyes (called nystagmus) and other indicators. Generally administered together, these tests are accepted around the country as admissible—although rebuttable—proof of a driver’s intoxication.
Reasonable Doubt: You Do Not Have to Prove Your Innocence
When you are facing criminal charges for something you did not do, including drug charges , property crimes , or any other type of illegal activity, it can be very overwhelming. You will likely feel enormous pressure to find some way to prove that you did not or could not commit the offense for which you have been charged. The challenge, of course, often lies in the fact that proving you did not do something can be extremely difficult. However, thanks to a long history of legal precedent that has become entrenched in U.S. laws, the burden of proof lies with the prosecution and its case must exceed all reasonable doubt.
Beyond Reasonable Doubt
Dating back centuries, a defendant is presumed to be innocent until he or she is proven guilty. However, for many years in the United States, courts were at odds over what was necessary to reach the standard of “proven guilty.” Some cases would utilize the “preponderance of the evidence” standard, which is still in use in civil court, which simply means that the defendant more likely than not committed the act of which he or she was accused.
New Law to Reduce Automatic Transfers for Juveniles
Beginning January 1, 2016, fewer drunk driving juveniles will be automatically tried as adults in Illinois, thanks to a new law signed by Governor Bruce Rauner earlier this month. Proponents believe that the new measure is in line with similar systems in place in other states, and will help Illinois reduce the current law’s “disproportionate impact” on minority juveniles. While juveniles will still be permitted to be tried as adults, a large majority of cases will first require a hearing in juvenile court to determine the appropriateness of a transfer.
Need for Change
More than a century ago, Illinois was a pioneer in the fight against juvenile crime, establishing the nation’s first juvenile court system in Cook County in 1899. In recent decades, however, the “tough-on-crime” attitudes that had become prevalent across the county also took hold here at home. Prosecution became more intense and criminal penalties more severe, even for cases involving minors. Laws were created that allowed individuals as young as 15, and in some cases, even 13, to be automatically tried as adults for certain offenses. The focus on juvenile rehabilitation rather than punishment that led to the establishment of the juvenile court system seemed to have been blurred.
Happy Hour Legal Again in Illinois
With the stroke of a pen, Illinois Governor Bruce Rauner completed the state legislature’s effort to repeal a 26-year-old ban on happy hours. After moving through the State House and Senate fairly quickly this spring, the measure has been in the hands of the governor since the end of May. Governor Rauner’s approval of the bill last week was met with mixed reactions as some bar owners celebrated the possible opportunities while others worried about the potential impact to overindulgence and drunk driving.
Previous Ban on Discounted Drinks
During the late 1980’s, a new wave of awareness regarding impaired driving and drunk driving was sweeping the country. Advertising campaigns, interest groups, and even the United States Surgeon General expressed the need to curb the dangerous practice of driving under the influence (DUI). In 1989, Illinois lawmakers took action and passed a ban on happy hours and any other discounts on alcoholic beverages. The effort was designed to decrease alcohol consumption in public places, and therefore, the likelihood of DUI.
Medical Marijuana Program May Finally Get Underway
After many months of bureaucratic issues, the medical marijuana pilot program in Illinois may be poised to get off the ground. Officials at a facility in the southeastern part of the state announced this week that their company has received authorization to begin producing the genetic strains that will form the basis of marijuana products for approved legal use. Located in Albion, Illinois, Ataraxia is the first company to begin state-sanctioned production of marijuana under the medical-use program that went into effect nearly 20 months ago.
Medical Use Pilot Program
The Compassionate Use of Medical Cannabis Pilot Program Act was passed into law nearly two years ago and took effect on January 1, 2014. The Act was intended to permit medial marijuana use on essentially a trial basis for specifically approved health conditions. Patients suffering from HIV/AIDS, multiple sclerosis, glaucoma, hepatitis C, Rheumatoid arthritis, and various forms of cancer, among many other conditions are eligible to register for participation in the program. To date, approximately 2,600 applications have been approved by the Illinois Department of Public Health.
Ban the Box Laws Help Job-Seekers Find New Opportunities
Around this time last year, the Illinois legislature was considering a measure aimed at helping job-seekers with an imperfect past overcome their mistakes. The bill was passed, and was eventually signed by then-Governor Pat Quinn, as Illinois joined the growing number of states and cities which have taken steps to aid those looking to create a better future. Known as a Ban the Box law, the measure went into effect on January 1, 2015, and has helped even the playing field somewhat for job applicants with a criminal history.
Provisions of Ban the Box
The law is officially called the Job Opportunities for Qualified Applicants Act and was passed as a result of otherwise qualified job-seekers being eliminated out-of-hand for available employment opportunities. There was nothing preventing an employer from asking early in the application process whether an applicant possessed a criminal history and using that information to automatically remove the applicant from consideration. As a result of the new law, however, an employer with 15 more employees may no longer pose such questions to an applicant so early in the process. The law does not preclude an employer from deciding not to hire individuals with certain offenses in their history, but the background check may not be initiated before the applicant is offered an interview or conditional employment. By forcing employers to look further into an applicant before conducting a background check, the law presumes that individuals deserving of a second chance are more likely to be hired based upon their qualifications rather than simply rejected due to their history.
Do I Need an Attorney for a Minor Crime?
Everyone makes mistakes. Some may be less serious than others, but nobody is perfect. Sometimes a momentary lapse in judgment can lead to criminal charges and, if and when that happens, you may be tempted to try to handle the situation on your own. However, no matter how insignificant the charges may seem, you need the help of a qualified lawyer to ensure your rights are fully protected.
Under Illinois law, criminal charges may range from Class C misdemeanors, including assault, disorderly conduct, and minor marijuana possession, up to Class X felonies and murder charges. Regardless of the seriousness of the charges, an attorney can help you in three primary ways:
Understanding the Process
The criminal justice system can be very confusing and stressful, particularly for a first-time offender who is unfamiliar with the process. Your lawyer can help you keep abreast of the progress of your case, remind you when your appearance is necessary, and take care of logistical details along the way. Even if you do not plan to fight the charges, an attorney can review any proposed agreements and ensure you are getting the best deal possible.
