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Recent Blog Posts
Illinois Continues to Battle Opioid Epidemic
The drug epidemic in the United States continues to take the lives of thousands of people each year. Despite the many efforts put forth by advocates and lawmakers, the state of Illinois still struggles with this tragic situation. According to the Illinois Department of Public Health, 3,013 people died from opioid overdoses last year, a 2.3 percent increase from the prior year and an almost 36 percent increase from 2019.
The governor recently signed several new laws to combat the epidemic and help those addicted to opioids. More and more lawmakers believe that instead of “punishing” those who struggle with drug addiction, there should be more opportunities for them to receive the help they need.
However, many law enforcement agencies in Illinois are also taking the steps to prosecute those who supply drugs to individuals who then suffer overdose deaths.
New Laws
The new laws that Governor JB Pritzker recently signed included:
- Senate Bill 2535 – Any pharmacist and other professionals who prescribe opioids will be required to inform those patients of the high risk of addiction these drugs pose, as well as provide the patient the option to receive Naloxone, which is sold under the brand name Narcan, and is an opioid antagonist that can reverse an opioid overdose if administered in time.
Facing Charges Under Illinois Hate Crime Statute
In 2018, Illinois lawmakers expanded the state’s hate crimes statute to include cyberstalking, certain acts of intimidation, and transmission of obscene messages. One of the other significant changes to that law was that it also granted the Attorney General’s office civil enforcement authority. For the first time since those changes, the AG’s office has announced it has filed a lawsuit against an Illinois mother and son for engaging in a campaign of hate crimes against their neighbor.
The Case Against a Mother and Son
According to the statement released by Attorney General Kwame Raoul, the alleged acts by the mother and son began in July 2020. The alleged victim notified police that his fence was damaged by the mother who had threatened to tear it down. The victim again notified police when he saw the son intentionally spray weed killer on his lawn, which damaged all the grass. Police charged the son with misdemeanor criminal offense for the property damage. That case is still pending.
Are You Facing Civil Asset Forfeiture in Illinois?
Facing any kind of drug crime can be stressful and frightening. After all, both your freedom and your future could be at stake, depending on the circumstances of the charges. But there is another grave issue you may have to deal with when you have been accused of a drug crime: asset forfeiture. If you have been charged with a drug crime, it is important to contact a Will County defense attorney.
What Is Asset Forfeiture
Asset forfeiture is the taking of an accused’s property either by federal or state government officials if that property is considered profit from illegal activities. It is intended to “take the profit out of crime.” Under asset forfeiture laws, the government can take cash, bank accounts, real estate, vehicles, and any other assets they believe were obtained due to criminal acts. Criminal asset forfeiture can occur once the accused has been tried and convicted of the crimes they are charged with. This type of asset forfeiture is fairly common in drug cases. However, Illinois and many other states also have civil asset forfeiture laws. With this type, law enforcement are able to seize the person’s assets without a conviction – sometimes without even the individual being charged – if the police suspect these assets are the proceeds of criminal activity.
Illinois Passes New Ghost Gun Law
Gov. JB Pritzker signed a new law that makes selling or possessing “ghost guns” illegal in the state of Illinois. Illinois is the ninth state in the country – and the first in the Midwest – to enact such a law.
Ghost guns are often created on 3-D printers and do not have serial numbers, making them untraceable, that are usually sold in parts that the buyer assembles at home. This allows people who are prohibited under the law to own guns to get around background checks and obtain these weapons.
How Common Are Ghost Guns?
Law enforcement officials have raised the alarm over the increase in ghost guns on the streets. According to statistics released by the U.S. Department of Justice (DOJ), there were approximately 24,000 ghost guns recovered by law enforcement between 2016 to 2020.
The number of ghost guns have spiked here in Illinois, as well. In 2020, the Illinois State Police recovered 62 ghost guns. In 2021, that number tripled to 180. So far this year, the agency has recovered 164 ghost guns, with seven more months in the year to go.
Defenses to Retail Theft in Illinois
There are certain times of the year when shoplifting occurs more often than other times. This is especially true during holidays, such as the upcoming Memorial Day Weekend sales, when more shoppers descend on malls and other retail establishments. Although retailers are always aware of the possibility of someone attempting to take merchandise without paying for it, many store employees are particularly vigilant during these big sale events because of the increased risk of theft.
This vigilance can often lead to false accusations of shoplifting. In Illinois, if the amount of the merchandise the shopper is accused of trying to steal is valued at more than $300, they will be charged with a felony. If a person is falsely accused, the following are some of the common defenses that could be used to prove they are not guilty.
The Customer Was Unaware Their Companion Was Committing Retail Theft
One of the most common situations of shoplifting charges occurs as a “guilt by association” scenario. This happens when one person is actually committing retail theft, but the friend or family member they are shopping with has no idea. Store security will still pursue charges against the innocent individual.
Consequences for Driving Under the Influence of Drugs in Illinois
Many people immediately think of alcohol when they hear that someone has been arrested for DUI. However, there are a great many drivers who are charged with DUI who are accused of being driving under the influence of drugs, not alcohol. Drugs – both illegal and prescription – can affect a driver’s brain chemistry, interfering with the driver’s motor skills, perception, attention, reaction time, and judgment. Consequently, drugged driving is against the law.
DUI Testing for Drugs
Illinois law prohibits a driver from driving while under the influence of drugs. In order to test for the presence of drugs in a driver’s system, law enforcement usually needs to obtain a blood or urine test from the driver to detect what drug or drugs are in their system.
There are certain requirements those tests must meet in order to be introduced as evidence against the driver. Failure to meet those requirements could be grounds the driver’s defense lawyer could use to possibly get the charges dismissed. For example, if the driver was not given the opportunity to call an attorney prior to consenting to the test, that could be grounds for ruling the test results inadmissible.
Understanding Assault and Battery Charges in Illinois
Many people think that “ assault and battery ” charges are one in the same, but under Illinois law, the two are different and separate charges. Battery is when an individual causes bodily harm to another individual, knowing that the contact is offensive or harmful, and they do not have the legal right to do so. The legal definition of assault is when an individual knowingly places another individual in fear of being battered.
This means that a person can be charged with assault even if there was no physical contact between the accused and the alleged victim; only that the victim was in fear that imminent harm or threat was coming from the offender.
Understanding the Different Classifications of Charges
The most common forms of battery that individuals are charged with usually involve hitting or punching, however, battery can also be any other type of offensive physical act. For example, an individual who rips a backpack off another individual could be charged with battery.
What Are the Penalties for Resisting Arrest in Illinois?
While the police are charged with upholding the law and maintaining safety in the community, people may be unsure about how to respond when interacting with officers. Encounters with police officers can quickly take a turn for the worse, especially if an officer believes a person is being uncooperative or is refusing to follow their instructions. In some cases, a person may face charges of resisting arrest, which can result in a variety of serious penalties. Whether these charges are filed along with other offenses or on their own, it is important to understand the applicable laws and the options for defense.
Actions That May Constitute Resisting Arrest
The language used in Illinois law to address resisting arrest is very broad, and the determination of whether a person’s actions violated the law will often be left up to the interpretation of a judge or jury. The offense of “resisting or obstructing a peace officer” may apply in any situation where a person knowingly resists arrest or obstructs the performance of a police officer or correctional institution employee who is performing authorized acts within their official capacity. There are a wide variety of actions that may fall under this definition. While actions such as running away from police officers, engaging in physical altercations, or refusing to comply with instructions are most likely to be considered resisting arrest, other seemingly minor activities could also lead to these types of charges. Officers may claim that a person resisted them physically when they were performing a search, asking the person to put their hands behind their back or lay down on the ground, or putting on handcuffs. Even arguing with an officer or complaining about their use of force may be considered an obstruction, and this could lead to charges for bystanders or others who were not involved in an initial arrest.
What Are the Penalties for Aggravated DUI in Illinois?
There are multiple types of offenses that may fall under the designation of driving under the influence of alcohol or drugs, which is commonly known as DUI. While all drunk driving cases are serious, some situations may lead to especially severe charges, and if a person is convicted of a felony, they will usually be sentenced to at least one year in prison while also being subject to other restrictions that will affect their driving privileges and other areas of their life. By understanding the types of offenses that are considered to be aggravated DUI, and by working with an attorney who has experience defending clients against these types of charges, a person can determine their best options for defense.
Felony DUI Charges
Cases in which driving under the influence is charged as a felony are known as aggravated DUI. Applicable offenses include:
- Third DUI - While a first or second DUI may be charged as a misdemeanor, anyone who has been convicted of two previous DUI offenses will face felony charges. A third DUI will result in Class 2 felony charges, which carry a prison sentence of three to seven years.
Can I Face Weapons Charges for Possession of “Ghost Guns?”
While the Second Amendment of the U.S. Constitution guarantees the right to bear arms, the laws surrounding guns and other weapons are constantly changing at both the state and federal levels. Because of this, many gun owners may not realize that they are in violation of the law, and they could potentially face weapons charges even if they believe that they have purchased firearms legally, obtained the correct licenses, and followed the law when carrying and using weapons. Some recent actions by the administration of President Joe Biden and a new law that was recently passed in Illinois may lead to criminal prosecution for selling or possessing “ghost guns.”
What Are Ghost Guns?
In recent years, law enforcement officials throughout the United States have become concerned about the proliferation of firearms that are purchased in kits and assembled by owners, as well as guns that may be created using 3D printers. These firearms do not have serial numbers, making them difficult to trace and track. The Bureau of Alcohol, Tobacco, and Firearms (ATF) has stated that around 20,000 of these guns were recovered in criminal investigations in 2021. This number was 10 times higher than the number of ghost guns recovered in 2016.
