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Recent Blog Posts
Illinois May Soon Allow for the Expungement of Marijuana Convictions
While possessing small amounts of marijuana is no longer a criminal offense in Illinois, people who had previously been convicted of marijuana possession marijuana possession still have a criminal record for offenses that are no longer a crime. However, those people might soon be able to have their records expunged, thanks to House Bill 2367.
Prior Possession Laws
Possession of small amounts of marijuana was decriminalized in Illinois by a bipartisan law that was signed by Gov. Bruce Rauner in 2016. Prior to this law, the Cannabis Control Act made possession of amounts up to 2.5 grams of marijuana a Class C misdemeanor, which carried a punishment of up to 30 days in jail, and possession of 2.5 to 10 grams of marijuana was a Class B misdemeanor, which carried up to six months in jail. After the passage of the 2016 law, possession of 10 grams of marijuana or less is a civil offense that carries a fine between $100 and $200.
Boat Safely-and Legally-This Spring and Summer
As temperatures finally begin to rise in northern Illinois, boats are coming out of storage, and soon the lakes and rivers will once again be filled with fishermen, wakeboarders, and jet-skiers. And what fun is a boat without a cooler of beer and other beverages? However, boat operators should be aware that if they consume alcohol, they may face similar charges to what a motor vehicle driver would face for DUI. Just remember the old saying, “It is all fun and games until somebody gets hurt...or arrested.”
With over 230,000 registered watercraft in Illinois, our lakes and rivers are often very crowded. Here are a few reminders to keep you safe and legal while boating this summer:
Check Your Gear & Licenses Before Heading Out on the Water
Illinois requires all boats to carry one life jacket or other personal floatation device (PFD) per person onboard. Anyone under the age of 13 must wear their life jacket at all times when the boat is underway, unless they are below deck, operating on private property, or on a boat of 26 feet or longer. Jet-skiers must also wear their PFDs at all times.
What You Need to Know About Miranda Warnings
We have all seen it on TV and in the movies: a suspenseful investigation or a police chase ends with a suspect in handcuffs, and as the scene fades into the credits, an officer begins to speak, “You have the right to remain silent…” You probably know that the statements being recited are collectively known as the Miranda warnings or Miranda Rights, but there are certain things to keep in mind in the event you are ever arrested and charged with a crime.
Your Rights
The Miranda warnings consist of four specific points. The exact wording of the warnings may vary but the suspect must be informed that:
- He or she has the right to remain silent;
- Anything that is said can be used as evidence in court;
- He or she has the right to have an attorney present during questioning; and
- If the suspect cannot afford an attorney, one will be appointed for him or her.
Contrary to popular belief, a suspect does not need to be given the Miranda warnings immediately upon arrest. The United States Supreme Court ruled in Miranda v. Arizona in 1966 that a suspect must be reminded of his or her rights prior to a “custodial interrogation,” But, what does that mean in practice? It means that a police officer is under no obligation to read Miranda warnings unless the person “has been taken into custody or otherwise deprived of his freedom of action in any significant action. For example, a discussion during a traffic stop would not require Miranda warnings. If, however, the suspect was handcuffed and placed in the back of a police car—regardless of an official arrest—the officer would need to give the Miranda warnings before asking any questions or risk having the entire exchange be thrown out in court.
Owners of Mugshot Website Arrested on Extortion Charges
In today’s digital age, it is easier than ever before to access information about another person. Such access can be helpful when deciding whether a particular individual should be hired or just trusted, in general. The downside, however, is that the information that is often available may be misleading, incomplete, or damaging. In some cases, this is entirely intentional, and, authorities say, little more than an extortion scheme designed to profit from other people’s misfortune.
This week, four men were arrested for their connection to a website that publishes mugshots and then attempts to extract payment in exchange for the mugshots’ removal. The men were arrested on warrants issued in California, but the scheme has allegedly victimized people across the country.
“Pay-for-Removal Scheme”
The charges are connected to a website called Mugshots.com—a site that purportedly exists to notify the public of arrests. According to police officials, however, the site is actually an extortion scheme. California Attorney General Xavier Becerra says that the site owners publish mugshots obtained from public records and post them on the site, along with fairly basic information about each arrestee, some of whom were never formally charged.
How the Proposed .05 DUI Standard Would Affect Social Drinkers
As Illinois and other states across the country discuss the possibility of reducing the standard for DUI from .08 to .05 blood alcohol concentration (BAC), you might be wondering how such a change would affect the average citizen, the social drinker.
Consumption Leading to .05 versus .08 BAC
A good rule of thumb is that consuming two standard drinks in one hour will raise a person’s BAC to .05, and drinking one standard drink each hour after that would maintain that level.
However, weight and gender also impact the speed at which the body processes alcohol. A 120-pound woman would be allowed only a single drink in the first hour, two drinks would put her over the .05 limit, and three drinks would put her over .08. A 200-pound man would exceed the .05 limit after three drinks in one hour and hit .08 after four drinks.
Illinois Bank Cutting Ties With Medical Marijuana Industry
The landscape of the medical marijuana industry in Illinois could soon be changing as a major player has announced that it will be getting out of the game by next month. The announcement comes in the wake of indications by the Trump administration that it will be ending Obama-era leniency on the federal prosecution of marijuana as an illegal drug.
Bank of Springfield recently notified its customers in the marijuana industry that their accounts with the bank will be closed on May 21. According to reports, the financial institution is the “main bank serving Illinois medical marijuana companies,” which include cultivation centers and dispensaries. Bank of Springfield is not the only institution serving the medical cannabis industry, but its customers say other banks charge up to six-figure annual fees for marijuana-related accounts. Most companies simply cannot afford the added expense.
The Debate Over Making .05 the New Standard for DUI in Illinois
Should Illinois follow the recommendation of national safety experts to change the legal definition of drunk driving from a blood alcohol concentration (BAC) of .08 percent to .05 percent? This topic will be argued in many forums over the next few years.
How Fast Is the National Drive Toward .05 Moving?
The National Transportation Safety Board (NTSB) first recommended reducing the legal blood-alcohol limit to .05 in 2013. A January 2018 report sponsored by the National Highway Traffic Safety Administration (NHTSA) now strongly supports this change.
As of April 2018, only Utah has enacted the .05 standard, effective at the end of 2018. Other states such as Delaware, Hawaii, and Washington are considering it.
For perspective, it took 13 years from the time the national safety agencies first recommended the shift from .10 to .08 in 1992 until the last state adopted it in 2005. Illinois made the change to .08 in 1997, five years after the initial recommendation.
Juvenile Charges: You and Your Child Both Have Rights
As a parent, one of the most difficult things to hear is that your child may have done something wrong. If your child is arrested or charged with a crime, it will be a stressful experience for the both of you, but one of the best things you can do is become informed about the rights that both you and your child have in this situation. Becoming informed will help both you and your child get through this process.
What Rights Does My Child Have?
In Illinois, anyone 17 years old or under is considered a child, although for very serious crimes, children over the age of 15 can be tried as an adult. There are a few differences between what rights your child has and what rights an adult has when they are charged with a crime.
- Probable cause is needed to search a minor - As with adults, police must have reason to believe a person has committed a crime before searching a minor, and these reasons must be supported by facts. The exception to this rule is if a parent or a person with partial responsibility of the child (such as a school official) has reasonable suspicion of an offense.
Should I Allow the Police to Search My Car Without a Warrant?
When you are stopped by the police for committing an alleged traffic violation, the officer is usually on high alert when he or she approaches your vehicle. The officer will likely ask you for your driver’s license, registration, and proof of insurance and may inquire as to why you think you were pulled over. While the officer is talking and listening to your responses, he or she is also likely to be looking into your vehicle for indications of illegal drugs or other criminal activity. Depending on what can be seen—or smelled, in some cases, the officer may ask you to consent to a search of your vehicle. If this happens ever happens to you, it is important to exercise your rights and respectfully deny the officer’s request.
Misleading Language
An officer who is trying to get permission to search your vehicle is likely to act friendly, casual, and even helpful. He or she may say things like “I know you have nothing to hide,” or “We can just clear this up real quick.” Police officers rely on a variety of techniques to obtain consent to a search, because consent makes an officer’s job much easier in the long run.
Driving and DUI Rules for Medical Marijuana Users
Medical marijuana has made a huge difference in the lives of many Illinois residents who live with debilitating conditions and intractable pain. If you are a registered medical cannabis user and drive regularly, here are a few things you should know to avoid trouble with the law, including being arrested for driving under the influence (DUI).
Rules for Transportation of Medical Marijuana
In your car, handle your medical marijuana like open-container alcohol. Medical cannabis should be sealed in a tamper-evident container and kept in an area that is inaccessible while the vehicle is in motion. Illinois law allows patients to access 2.5 ounces of cannabis every 14 days, so be sure any amounts you carry are within the legal limit. Remember to renew your medical marijuana card before it expires and have your current registry card (issued by the Illinois Department of Public Health) with you in your vehicle. If you have a designated caregiver who brings you cannabis, make sure they are aware of these rules.
