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Recent Blog Posts
Lawmakers Give Marijuana Decriminalization Another Chance
As more states around the country are beginning to reconsider the criminal prosecution of low-level marijuana possession, the debate continues here in Illinois as well. Despite last year’s bipartisan efforts to decriminalize the possession of small amounts of the drug, the measure stalled when Governor Bruce Rauner took issue with limits that he found too permissive and fines that he thought were too lenient. The topic is now back under consideration by the state Senate as part of an omnibus bill which may see a vote as early as next month.
Lower Possession Threshold, Higher Fines
Compared to last year’s legislation, this year’s version is a little stricter. The bill proposes to make possession of up to 10 grams of marijuana—down from 15 grams—a civil offense, on par with a traffic violation. Last year, Governor Rauner thought the proposed fines of $55 to $125 to be too low, so the current measure would allow the financial penalties to range from $100 to $200, dependent upon the circumstances of the offense. The governor’s office has expressed its general approval regarding lawmakers’ cooperation with Rauner’s requests, and "will continue monitoring the legislation."
Think Twice Before Refusing a BAC Test
When you drive on Illinois roads and highways, you assume certain responsibilities for following the rules of the road and protecting the safety of those around you. As you know, law enforcement officials are regularly on the lookout for those who may be driving under the influence of alcohol or drugs. If you have been pulled over by police for any reason, and the officer has reason to believe you may be impaired, he or she will probably ask you to submit to a chemical test that measures your blood-alcohol content (BAC). While refusing a BAC test is, technically, an option, noncompliance with the officer’s request can have serious consequences to your life.
Administrative Penalties
You may have read or have been told that refusing a BAC test is your right. In some ways, this is true; you cannot be criminally prosecuted for such a refusal. However, you can and will be subject to administrative penalties issued by the Illinois Secretary of State’s Office, the government entity responsible for overseeing drivers’ licenses and driving privileges in the state. Refusing a BAC test will result in the suspension of your driving privileges for one year. If you have refused before, a second or subsequent refusal carries a three-year suspension. The administrative penalties for refusing a BAC test are actually more severe than those for failing such a test.
Plainfield Woman Charged Under Illinois Revenge Porn Statute
With the rise of digital technology and the ubiquitous photo capabilities of today’s cell phones, it is hardly surprising that people are exchanging intimate images of themselves with unprecedented frequency. According to various surveys and studies, as many as half or more of American adults have sent or received sexual content, with at least one report putting the number closer to 90 percent. While such behavior between consenting adults—relationship concerns aside—is completely legal, the situation changes drastically when explicit photos or videos of a person are being sent or posted without the subject’s consent. Non-consensual dissemination of private sexual images violates Illinois’ so-called revenge porn law, of which Plainfield woman has become acutely aware this week.
Former Longtime Friends
The Chicago Tribune and other news outlets are reporting that a 38-year-old woman has been charged with non-consensual dissemination of private sexual images for posting topless pictures of her former friend on social media sites. Reports indicate the victim, a 34-year-woman from Riverside, told police that sexually explicit photos of her were posted without her permission on Facebook and Snapchat, and that the perpetrator had left her messages saying there were many other images of her "out in the public."
Unusual Traffic Violation: Woman Stopped for a Tree in Her Grille
It is virtually impossible for most people to imagine what an average day in the life of a law enforcement officer is really like. There is, of course, an increased level of danger compared to many other occupations, since even the most routine traffic stops can quickly turn violent or even deadly. Sometimes, however, a traffic stop is almost too outrageous to really comprehend. Such was the case earlier this year when police in Roselle pulled over a woman who was driving with a tree stuck in the front of her car.
"It Was a Big Tree"
In late January, a woman was pulled over by Roselle police on Roselle Road near Irving Park Road. According to the report filed by the police department, the woman was "stopped for driving with a large tree embedded in the front grille." The responding officers took photos of the situation which were later posted to the Roselle Police Department’s Facebook page just a few days ago. The photos show what appears to be about a 15-foot tree rising vertically from the hood of the woman’s 2004 Lincoln.
Registered Illinois Medical Marijuana Users Nearing 5,000
Despite taking nearly two years to get underway, the medical marijuana test program is off and running around Illinois. State officials are reporting that February was the program’s best month to date, with sales numbers approaching $1.5 last month. This brings total sales revenue to more than $4.4 million since the statewide program launched on November 9, 2015.
Increased Availability
When sales of medical marijuana first began in November, it started on a very small scale, with only a handful of registered dispensaries open for business. Today, the number of licensed retail outlets in the state has more than quadrupled, with 29 dispensaries now open, including two that just opened their doors in February. Most notably, one of the largest facilities in the state began operation in Springfield last month, making medical marijuana legally available in the state capital for the first time.
What Is a Hate Crime in Illinois?
"Hate crime" is a phrase often used in the media and in casual conversation about certain types of criminal acts. Under state and federal law, "hate crime" has a specific meaning. Hate crimes are unique in that punishment for the crimes are enhanced specifically because of the criminal’s motives for committing the crime. How Illinois Defines "Hate Crime"
You commit a hate crime in Illinois if you commit a one of the specifically listed offenses because of "an actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of a person or group". This means that you can commit a hate crime against a person even if you are mistaken about someone’s characteristics. It also means that not just any crime can be a hate crime. The crime must be one of the crimes listed in the law. For example, rape and murder are not listed as possible hate crimes in the Illinois statute.
Your Rights Before and After Your Arrest
It is a felony in Illinois to lie to a law enforcement officer as he or she is acting in an official capacity. But, what happens when the police lie to you? Tricks, misdirection, and deceit are often used by law enforcement in the course of criminal investigations.
Your Rights Before You Are Arrested
Unreasonable searches and seizures are violations of the rights guaranteed to you by the Fourth Amendment to the U.S. Constitution. The Constitution also affords you protection from being forced to incriminate yourself. Finally, in order to be arrested without violating your rights, the police must have probable cause to believe you have committed a crime. However, the police, in most instances, are under no obligation to be honest with you about their intentions or what they know.
You generally have the right to avoid a conversation with anyone to whom you do not wish to speak. If the police want to question you, you should provide them with your identification if they ask, but you are not required to answer their questions. You can ask if you are free to go. If you are free to go, you should leave. If you are not free to go, you should consider yourself as being detained or under arrest and request an attorney. Your Rights After You Are Arrested
Report Shows 13 False Convictions Overturned in Illinois Last Year
According to the National Registry of Exonerations, a University of Michigan Law School project, 2015 was a banner year for the exoneration of falsely convicted individuals. Throughout the country, 149 people were exonerated of crimes they did not commit—a new record high—up from the previous high of 139 in 2014. Here in Illinois, 13 individuals had their convictions overturned in 2015, compared to 8 during the previous year.
Alarming Rates of False Convictions
Since 1989, more than 1740 falsely convicted men and women have been exonerated by the emergence of new evidence of their innocence. This number includes over 240 exonerations in Texas and 208 in the state of New York. Illinois is third on the list, with 160 convictions overturned in the last quarter century. While the exoneration of a falsely convicted individual can be seen as a personal victory and validation, the need for doing so points to a much larger problem. A conviction would not need to be overturned if the defendant was not falsely convicted from the beginning.
Facing Charges of Child Abuse or Child Neglect
Sometimes all it takes for a child abuse investigation to get underway is a phone call from a neighbor. Once an investigation has begun, it is easy for parents to agree to anything that will allow them to try and keep their child in the home. Unfortunately, it is often that instinct that allows parents to have their rights violated.
Two Different Investigations
In the state of Illinois, it is often the Department of Child and Family Services (DCFS) that first gets a report of child abuse or child neglect. Depending on the nature of the allegations or suspicions, DCFS may notify local law enforcement of the reported concerns. In such a situation, the police and DCFS may each be conducting their own separate investigation and sharing relevant information about your case.
While a DCFS investigation is technically a family court issue related to a civil matter, their investigation can still have serious criminal consequences. Anything you say to a welfare worker or agency representative may ultimately be used on your behalf or against you in a criminal trial.
The Role of Extradition
If you have an arrest warrant from another state or country and you are arrested in Illinois, you have the right to an extradition hearing before being sent off to face the charges in another location. For many people, extradition may seem like a technical formality. However, extradition is an important right.
What is Extradition?
Extradition is when the executive of a jurisdiction, usually the governor, demands a suspect or defendant to be returned to an originating jurisdiction to face justice. The person in question may have fled justice by violating bond or probation. Alternatively, they may have been charged with or wanted in connection with a felony or other serious crime. However, the state making the demand must comply with several legal requirements before Illinois has to honor the request.
The Extradition Process
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