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New Illinois Law Allows Children Access to Medical Cannabis at School

 Posted on September 28, 2018 in Uncategorized

Few topics have been as hotly debated as medical marijuana. Once considered only a dangerous “gateway” drug, cannabis and hemp products are now gaining acceptance as legitimate medicines. Seizure conditions, glaucoma, Crohn’s disease, and even post-traumatic stress disorder have been successfully treated with cannabis products. Cannabidiol (CBD) oil is being sold legally across the country and used by thousands of individuals for everything from joint pain to anxiety. Now, school children in Illinois who benefit from the medicinal powers of cannabis will be able to consume cannabis-infused products on school premises.

Only Medicinal Marijuana in Non-Smoke Forms Will Be Permitted on School Grounds

Legislation signed by Illinois Governor Bruce Rauner will now allow school children who use cannabis to treat symptoms from a medical condition to consume cannabis on school grounds. Parents who register with the Department of Public Health and have children who qualify for medical marijuana will be permitted to administer cannabis products to those children on school buses and on school property. To be clear, children will not be allowed to actually smoke marijuana in schools. Only cannabis-infused products such as food, sublingual oils, or topical patches will be permitted.

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School Zone Speeding Tickets and Penalties

 Posted on September 26, 2018 in Uncategorized

As the fall semester starts, drivers need to remember to dial back their speeds in school zones when children are present.

Here are the key things Illinois drivers need to know about school zone speed limits and the penalties for violating them:

When Is the School Zone Speed Limit in Effect?

The 20 mph school zone speed limit is only in effect when school is in session and children are physically present on or near the street, generally between the hours of 7 a.m. and 4 p.m. The school zone speed limit is 20 mph regardless of the speed limit for the rest of that road.

You are not required to reduce your speed when the children are all inside the school, and you are not required to reduce your speed on weekends and holidays when school is not in session.

Be forewarned: Illinois law allows the use of electronic speed-detection devices around school zones for the purpose of speed enforcement and ticketing (625 ILCS 5/11-605).

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New Law Increases Consequences for Texting While Driving in Illinois

 Posted on September 25, 2018 in Uncategorized

A new law that was recently enacted in Illinois will increase the consequences that drivers face when they choose to text while driving. House Bill 4846, which was backed by State Senator Cristina Castro (D-Elgin), makes a first-time offense of using an electronic device while driving a moving violation , rather than just a warning. The bill was supported by Illinois Governor Bruce Rauner, the Illinois Secretary of State, and the Illinois State Police.

First-Time Offenses Are No Longer Just Warnings

Under the new law, which will take effect in July 2019, drivers only need to be caught using an electronic device once for the offense to be considered a moving violation. The Illinois Vehicle Code currently states that drivers must be caught using an electronic device while driving at least twice before any disciplinary action is taken against them. When the new law goes into effect, not only will first-offense violations be added to one’s driving record, but violators will also face a license suspension if they are caught three times within a 12-month period. Drivers will also face fines as follows for violations:

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What Happens if I Get an Out-of-State Speeding or DUI Ticket?

 Posted on September 24, 2018 in Uncategorized

If you live in Illinois, you probably drive in other states on a regular basis. So it is smart to know what can happen to your Illinois driver’s license if you are caught speeding or driving under the influence (DUI) in another state.

Many people are not aware that there are two systems that allow states to share information about drivers: the National Driver Register and the Driver License Compact.

The National Driver Register

Federal law requires all states to report driver’s license suspensions and revocations to a central database called the National Driver Register (NDR). The purpose of this database is to prevent a reckless driver whose license is revoked in one state from getting a new license in another state.

For example, suppose your Illinois driver’s license was revoked for DUI, and you later move to Texas and apply for a driver’s license. Before issuing you a license, the Texas driver’s license bureau will run your information through the NDR. Until you have cleared the Illinois revocation, your name will come up in the NDR as ”not eligible,” and Texas will not issue you a driver’s license.

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New Illinois Firearms Laws Enacted in 2018

 Posted on September 22, 2018 in Uncategorized

One of 2018’s hottest political debates has centered around the question, “How do we reduce gun crimes and shooting deaths in the U.S.?” The topic initially rose to the top of legislative agendas in response to the February 2018 shooting at Marjory Stoneman Douglas high school in Parkland, Florida, which took the lives of 17 students and teachers.

This was followed by a report that in the first 21 weeks of 2018, there were 23 school shootings across the U.S. where at least one person was hurt or killed. Although none of those shootings happened in Illinois, state legislators nonetheless took up the cause quickly.

In July 2018, Illinois Gov. Bruce Rauner signed two new gun laws that will go into effect in January 2019.

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Understanding Criminal Record Expungement in Illinois

 Posted on September 21, 2018 in Uncategorized

Sometimes people make mistakes, but that does not mean that they do not deserve second chances. In Illinois, there are certain records that you can have expunged, or erased, as if the event never happened. The process of destroying your criminal records can help keep your past in the past and prevent friends, family, or even future employers from seeing your criminal record. However, like most things, there are limitations to what you can have expunged. Understanding expungement in Illinois can help you move on with your life and put the past behind you.

What Qualifies for Expungement?

Under the Illinois Criminal Identification Act, certain types of arrests and some cases resulting in probation or court supervision can be expunged from an individual’s criminal record. Depending on the crime and the disposition, you may qualify to have your records sealed if you do not qualify to have your records expunged. Other civil issues such as divorce, minor traffic violations, and orders of protection are not covered under the Act and cannot be expunged.

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An Unlawful Search May Result in Dismissed Charges

 Posted on September 20, 2018 in Uncategorized

One of the founding principles of our country is that of personal freedom. Citizens have the right to privacy in their home, work, and while traveling. The Fourth Amendment to the U.S Constitution protects citizens from unreasonable government interference in their lives. This includes unsubstantiated searches. To search a person’s home, police must obtain a search warrant from a judge. While police are not always required to obtain a search warrant to search a person’s vehicle, there are still rules regarding when a vehicle search is appropriate and when it is not. An officer who searches a residence or vehicle without the proper criteria being met is conducting an unlawful search. Evidence obtained from an illegitimate search is often not admissible in a court of law.

What Are My Rights to Privacy in My Home?

The Fourth Amendment to the Constitution reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” This amendment limits the authority of police and government officials in order to protect citizens’ privacy and prevent baseless searches. If police wish to search your home for evidence of a crime, they must obtain written permission in the form of a search warrant. Police must convince a judge that there is reason to believe that evidence of a crime exists in a home in order to receive a search warrant.

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Possible Defenses to Criminal Drug Possession Charges

 Posted on September 15, 2018 in Uncategorized

If you have been charged with criminal drug possession, you probably see very little light at the end of the tunnel. However, there may be more options at your disposal than you realize. An experienced criminal defense attorney can help you formulate a successful defense. Many drug possession charges are not as clear-cut as they immediately seem. There may be legal options that could lessen your chances of ever needing to go to trial or could even result in your charges being dismissed.

The Burden of Proof is on the Prosecution

One of the core principles of the criminal justice system is that those accused of a crime are innocent until proven guilty. This means that it is up to the prosecution to prove that the defendant committed the crime they are charged with. The prosecution must show “beyond a reasonable doubt” that the defendant knowingly committed the crime in question in order to convict. The phrase “beyond a reasonable doubt” means that there exists no doubt as to the defendant’s guilt in the eyes of a jury or judge. In a drug case, prosecutors must prove that the defendant knew the illegal substance was an illicit drug and knew it was in his or her possession.

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Illinois Woman Charged With Aggravated Battery of Police Officers

 Posted on September 13, 2018 in Uncategorized

A Plainfield woman was arrested last month after an altercation with police officers. The Joliet Police Department reported that the woman is being held in Will County Jail, with her bail set at $50,000 for criminal charges including aggravated battery.

Woman Became Belligerent After Police Requested Her Name

The Joliet Police Department responded to a call on the night of Thursday, August 2, investigating reports of a woman causing a disturbance. When they arrived at the scene, officers asked a female what her name was, and she subsequently became verbally aggressive with police. When officers tried to take the 20-year-old woman into custody, she began physically resisting police. Police say she managed to kick one officer in the face and spit in another officer’s face.

Woman Refused to Cooperate With Law Personnel

The woman kept being uncooperative with police when she was brought to the police station for booking, threatening to fight the police officers again. Eventually, she was taken to the Will County Jail, where she was processed and booked. The woman was charged with aggravated battery to a police officer, resisting arrest, and obstructing justice.

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Technology Helps Police Get Tougher on Crime

 Posted on September 12, 2018 in Uncategorized

Do you feel like you are being watched more than ever? You are not just paranoid. Police are increasingly using electronic surveillance techniques not only to help prevent crimes but to locate and help prosecute violators.

Illinois Police Use of Drone

Police in Illinois may soon be allowed to use drones to surveil both indoor and outdoor events involving more than 100 people. This would enable the police to evaluate the size and activity of crowds and then proactively respond to public safety risks. Drone usage would be limited to observation purposes only, and they could not be armed with tear gas or projectiles.

As of the end of May 2018, both the Illinois House and Senate have approved the “ Drone Use-Large Event ” bill (SB 2562), which makes a significant change to the 2014 Freedom from Drone Surveillance Act (725 ILCS 167/). The existing Act allows police to use drones only in very specific situations, such as a search for a missing person (non-criminal) or to photograph the scene of a crime or traffic crash.

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