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Recent Blog Posts
Understanding the Illinois Controlled Substances Act
There are a variety of crimes that revolve around drugs or controlled substances. In some cases, possession of certain types of drugs is enough to get you charged with a crime. In other cases, you can be charged with manufacturing with the intent of selling controlled substances. The consequences of most drug crimes depend on the type of drug that was involved in the crime, so it is important to know how you fare if you have been hit with a drug charge.
What Is a Controlled Substance?
Simply put, a controlled substance is a drug that the government believes can have a detrimental effect on a person’s health or well-being. This is why controlled substances are regulated by the government-it is an effort to control and limit who is in possession of these substances and keep them out of the hands of those who do not need them. Controlled substances are not always illegal, but almost all illegal drugs are controlled substances. Under Illinois law, controlled substances are classified into one of five categories, depending on their medical use and safety.
What Are My Rights Regarding a Police Search of My Car?
Most of us have been pulled over by police while driving at least once or twice in our lives. It can be an upsetting ordeal. While the police officer is processing your identification and deciding what action to take regarding the traffic stop, he or she may ask to search your vehicle. What are your rights during a traffic stop concerning a vehicle search? Can you refuse a search? What happens if a police officer discovers drugs or other illicit material in your vehicle? Read on to learn more about your rights regarding vehicle searches in Illinois and what to do if your rights have been violated.
The U.S. Constitution Protects Citizens Against Unsubstantiated Searches
The Fourth Amendment to the U.S. Constitution guarantees that citizens have the right to be free from “unreasonable searches and seizures." In this context, “unreasonable” means without justification. Police do not have the authority to stop and search citizens for no reason. Generally, there must be some indication to police that a citizen is or might be engaged in illegal activity in order to justify searching their personal vehicle during a traffic stop. This is called “probable cause.” Either a search warrant or probable cause must be present in order for police to constitutionally search a vehicle. A Fourth Amendment violation occurs when police do not have a good reason for searching the vehicle and do so anyway. If evidence of a crime such as drugs or stolen items are uncovered during a search which was not justified, the evidence obtained during the search can often be excluded in court.
Frequently Asked Questions About Breath Alcohol Ignition Interlock Devices
If you have been arrested and charged with driving under the influence (DUI), you may soon be required to install a breath alcohol ignition interlock device. These devices are designed to prevent individuals who have previously been convicted of a DUI from driving under the influence of alcohol. There are many questions surrounding ignition interlock devices. Read on to learn how to use these devices properly and what you can do to prevent criminal charges.
How Does an Ignition Interlock Device Work?
A breath alcohol ignition interlock device (BAIID) functions similarly to a Breathalyzer test. A BAIID estimates the amount of alcohol a person has had to drink by analyzing a sample of his or her breath. This is called a “blow test.” The amount of alcohol in someone’s breath can easily be translated by the device into blood alcohol content. If a person has a blood alcohol content over the legal limit of 0.08 percent, he or she cannot legally drive. For the purposes of a BAIID, the limit of allowable blood alcohol content is much lower. When a BAIID receives a breath sample which contains more than a negligible amount of alcohol, the vehicle’s ignition is disabled. The car will not be able to start for a period of time called a “lock-out period.” The lock-out period may increase in duration after each failed test.
Do You Want Your Traffic Stop Recorded?
Everything we do nowadays seems to be recorded: virtually all Illinois police cars are equipped with dash cams, an increasing number of police departments have their officers wear body cameras, businesses have security cameras, bystanders have smartphones, and so on.
If you get pulled over by the police, you may wonder whether the officer is recording the traffic stop. You may even wonder whether it is legal for you to make your own recording of a police interaction. Is it in your best interests to have a police interaction recorded? Here are some answers to those questions.
Police Dash Cams May or May Not Be Recording
While most Illinois police cars are now equipped with dashboard-mounted cameras, these cameras are limited by the fixed point of view they can capture. In addition, they may not always be turned on or fully functional. Some are constantly recording, but the recording is only saved when it is activated in some way.
If you are ever stopped by the police and accused of drunk driving or another crime, it may be advantageous for you to have the traffic stop recorded.
The Importance of Miranda Rights in Criminal Cases
In 1966, the Supreme Court case Arizona v. Miranda established that suspects taken into police custody to be questioned must be informed of their constitutional rights against self-incrimination. In the case, Ernesto Miranda was taken into custody for kidnapping and rape charges and confessed to them before he was told he had the right to an attorney and the right to remain silent. The case was taken to the Supreme Court, which ruled that the confession could not be used as evidence because he was not informed of his rights prior to the confession. This Supreme Court ruling has shaped how various criminal cases are prosecuted today, and many people have at least heard the Miranda rights on shows such as “Cops,” even if they do not understand them.
What Are Your Miranda Rights?
Drug Asset Seizures: Can the Police Take Everything?
Have you heard horror stories about people who were merely accused (but not yet convicted) of a drug crime, and the police immediately seized their houses, cars, cash, and everything else of value that they owned? These “drug asset” seizures can leave innocent family members homeless and without transportation, while providing incremental funding to law enforcement agencies. You may well wonder if such stories are exaggerated or for real.
Here are some key facts to help you understand the Illinois laws regarding the seizure and forfeiture of assets used in drug crimes.
1. Illinois Laws Allowing Civil Asset Seizure and Forfeiture
Illinois police can seize property which has been used in or is intended to be used in the commission of, or bought with the proceeds of, crimes defined in the following Illinois state laws:
• Controlled Substances Act (720 ILCS 570), which governs both illegal drugs like cocaine and heroin and the illegal use of prescription drugs like fentanyl, oxycodone, and morphine.
7 Reasons You Could Lose Your Driver’s License in Illinois
Many people do not realize is that driving is a privilege, not a right. There is no federal or state constitutional rule that says you must be allowed to drive. In Illinois, there are many reasons why a person can lose their driving privileges. We take our driver’s license for granted and often do not realize how important the ability to drive is until it is gone. Understanding what can cost you your license is the first step in protecting your ability to drive.
1. DUI
The most common way drivers lose their driving privileges is by being arrested for driving under the influence (DUI). In Illinois, a person’s driver’s license is suspended if they fail a chemical test to determine their blood alcohol content (BAC) or if they refuse a chemical test. Failing a chemical test means the person had a BAC of .08% or more or a THC (the active chemical in marijuana) content of 5 nanograms or more per milliliter of blood. Failing a chemical test carries a six-month license suspension, and refusing a chemical test will result in an automatic one-year license suspension.
How a Governor’s Pardon Can Clear Your Criminal Record
Someone who committed a crime ten or twenty years ago will still have that conviction on their criminal record, even after they have been fully released from prison, probation, and/or parole. While some criminal convictions can be sealed or expunged from your criminal record (preventing them from showing up on background checks for employment and other purposes) other crimes, such as driving under the influence, are not eligible for either sealing or expungement.
For example, someone might have been convicted of DUI, burglary, or drug possession at age 22, and this can still cause them problems at age 40, such as reducing employment opportunities, preventing them from getting the license necessary to practice a certain profession, and restricting them from getting a FOID card that will allow them to participate in hunting and shooting sports.
For crimes that do not qualify for either sealing or expungement, there is a third option: getting a pardon from the state governor, also known as executive clemency.
Man Charged With Hate Crime for Harassing Woman Wearing Puerto Rico Flag Shirt
According to Illinois law, a person can be charged with a hate crime when he or she commits certain offenses and is motivated by the actual or perceived characteristics of another person or a group of people. These characteristics include race, color, religion, gender, sexual orientation, national origin, and disability status. The offenses that can be charged as hate crimes include assault, battery, intimidation, criminal trespass, theft, cyberstalking, and many others.
While it can be difficult to prove a person’s motivation for committing a particular crime in many cases, it is often much easier in others. Such seems to be the situation for a Chicago man whose interaction with a woman wearing a Puerto Rico flag shirt was caught on camera and resulted in hate crime charges against the man.
College Man Shot By Police After He Refuses to Put Down Gun
A college student was shot by three police officers July 12 after he was repeatedly told to lower his weapon. The man, a student at the University of Illinois, was shot in the leg after he pointed what was at the time thought to be a handgun at police and was given multiple warnings to drop the gun. Two college police officers and a Champaign County sheriff's deputy encountered the man after they received a call about a man loading a semi-automatic handgun. The man, who was later identified as a student at the University of Illinois, was charged with felony disorderly conduct.
Handgun Turns Out to Be Pellet Gun
When the police arrived on the scene, they were under the impression that the man was holding a loaded handgun. After instructing the man several times to lower the weapon, they shot him in the leg. After closer inspection of the gun, it was determined to be a Beretta air pellet pistol, which looks very similar to a real handgun. Police say the gun would not have been identified as an air pellet pistol without a close inspection.
