Posted on August 20, 2019 in Uncategorized

Illinois will become the 11th state to legalize the use and possession of recreational marijuana. The bill, which was passed entirely through legislation rather than voter referendum, would allow marijuana sales, possession and use throughout the state beginning next year. The bill specifically outlines the new rules concerning marijuana, which will be treated and regulated much like alcohol is treated and regulated now.

There Will Be Limits on How Much Cannabis You Can Possess and Where You Can Buy It

Presuming the bill is signed as promised, starting January 1, 2020, Illinois citizens who are at least 21 years old will be able to purchase and possess up to 30 grams - which is around one ounce - of dry marijuana, which is also called flower. Citizens are also permitted to possess up to five grams of cannabis concentrate and up to 500 milligrams of THC contained in cannabis products such as edibles, tinctures, or even lotions.

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 Posted on August 19, 2019 in Uncategorized

If you are a parent, you probably spend a lot of time worrying about your child and the decisions he or she is making. Unfortunately, children and teenagers can sometimes get involved with the wrong crowd and make decisions which lead to criminal charges. Young people may behave in reckless or illegal ways because they are trying to fit in, they struggle with an addiction or mental health problem, or for other reasons. If your son or daughter has been accused of a crime, it is possible that a diversion program could help them avoid jail time and turn their life around.

What is the Purpose of a Diversion Program?

Juvenile detention is similar to adult incarceration. Minors who are convicted of a crime are sent to juvenile detention as a punishment for their wrongdoing. Juvenile diversion programs are an alternative to incarceration which may be more likely to help your child stay out of the criminal justice system in the future. While the structure of juvenile diversion programs varies from program to program, they all share the same goal: to help juveniles avoid becoming repeat offenders. Diversion programs can be highly beneficial to young people and their families. Studies have shown that diversion programs are more effective at preventing future illegal activity than incarceration in juvenile detention is.

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 Posted on August 16, 2019 in Uncategorized

Illinois is set to legalize the sale of marijuana to adults age 21 and over effective January 1, 2020. The new laws on marijuana possession, public usage, and growing will also take effect on that date, presuming that Governor J.B. Pritzker keeps his promise to sign the landmark measure already passed by the Illinois House and Senate. For the remainder of 2019, however, the current laws remain on the books, so you could still be arrested and prosecuted for marijuana possession. However, simple possession of no more than 30 grams is unlikely to result in criminal charges.

How Much Marijuana Can I Legally Possess in 2019 in Illinois?

For 2019, Illinois state law (720 ILCS 550/4) declares that “It is unlawful for any person knowingly to possess cannabis.” However, the punishment for marijuana possession varies depending on the amount you are caught with:

• 10 grams or less of any substance containing cannabis is only a civil violation punishable by a fine of $100 to $200. This offense will not go on your criminal record.

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 Posted on August 15, 2019 in Uncategorized

For most people charged with a DUI in Illinois, their driving privileges are automatically revoked. The Illinois Secretary of State’s Office will automatically suspend the driver’s license of anyone who fails a chemical test to determine his or her blood alcohol content (BAC) or who refuses to submit to a chemical test. Losing your driving privileges can put a strain on you and your family, which is why the state gives you a few options to regain your driving privileges if they have been suspended for reasons relating to a DUI. Any option you choose for driving relief will require the use of a breath alcohol ignition interlock device (BAIID), which is why it is important that you understand what they are and how they work.

What is a BAIID?

A breath alcohol ignition interlock device, or BAIID, is a small, cell phone-sized device that requires you to provide a breath sample before you are able to start your vehicle’s engine. The BAIID is hardwired into the ignition system of the vehicle and will not allow the vehicle to start unless the breath sample provided is registered as .025 or less. If your breath sample registers at anything over .025, your vehicle will not start, but your breath sample will be recorded and saved in the device.

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 Posted on July 26, 2019 in Uncategorized

In news reports of major drug crimes, you may have noticed that the offenders are sometimes arrested by federal authorities, charged with federal crimes, prosecuted in the federal court system, and sentenced to federal prison. In other cases, the offenders are arrested by state or county officers, charged with violation of a state law, prosecuted in the state’s circuit court system, and sentenced to state prison. However, these reports usually do not explain why the offenders are being charged with a federal as opposed to a state crime.

Illinois has a Controlled Substances Act that closely mirrors the federal Controlled Substances Act. But, why does the state need a law if a federal law already exists? One reason is that state authorities may wish to act more quickly than the federal government in changing drug laws. A good example of this is the recent easing of penalties for marijuana possession in many states. Some states, like Illinois, have also been leaders in creating alternative sentencing programs for drug-addicted offenders that offer the option of a supervised treatment and rehabilitation program rather than prison.

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 Posted on July 24, 2019 in Uncategorized

Most people know that the “magic number” when it comes to drinking and driving is 0.08 percent blood alcohol content (BAC). If you are driving and a police-administered Breathalyzer shows your BAC is above 0.08 percent, you are legally driving under the influence. However, DUI laws are not all this straightforward. Some individuals have even been charged with a DUI and they did not know they were breaking the law! One of the best ways to avoid a criminal DUI charge is to fully understand Illinois DUI law and your rights as a citizen. If you have been arrested for drinking and driving, legal guidance from a qualified criminal defense attorney can be a tremendously valuable asset.

Under the Legal Limit

Although the 0.08 percent BAC standard applies to most DUI situations, the rule is not the only way that person could face penalties. A driver could still be charged with driving under the influence in Illinois with a BAC under the legal limit, if prescription drugs or illegal drugs were present. In addition, drivers under the age of 21 can face stiff license penalties even if they are under the .08 BAC limit. Many young people experiment with alcohol before they are of legal age to do so. However, driving with even a small amount of alcohol in your system can result in punitive license consequences. For those drivers under age 21, a BAC of even just 0.01 percent is considered a failed test and can result in a license suspension under a zero tolerance administrative action.

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 Posted on July 23, 2019 in Uncategorized

The Federal Bureau of Investigation (FBI) defines violent crime as any crime that involves the use of force or the threat of force. Violent crime was once a very big issue in the United States and was cause for much concern at its peak in the 1990s. According to information from the FBI and the Bureau of Justice Statistics, violent crime in the U.S. has fallen anywhere from 49 percent to 74 percent between 1993 and 2017. Though this is an advancement, violent crime is still all too common and occurs in common forms. Here are a few common types of violent crimes in the United States:

Assault and Battery

Assault and battery are two of the most common violent crimes committed. It makes sense to talk about them together because they are very much interrelated. Assault occurs when you perform an activity that places another person in danger of being physically hurt. Battery occurs when you cause bodily harm or make physical contact with another in an insulting or provoking nature. Both crimes can be elevated to aggravated charges for a number of reasons, including using a firearm during the crime or committing the crime against a certain person or in a certain place.

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 Posted on July 20, 2019 in Uncategorized

When a juvenile commits a felony crime such as murder, do they deserve to spend the rest of their life in prison? A recent Illinois Supreme Court decision says “no.”

The U.S. Supreme Court had already ruled in 2012 that mandatory life sentences for juveniles who commit murder are unconstitutional under the Eighth Amendment prohibition of cruel and unusual punishment. In 2017, the Illinois Supreme Court ruled that discretionary sentences of life without parole and de facto life sentences are also prohibited. The question remained, however, as to what length of sentence should be deemed an “in fact” life sentence. This question was recently addressed by the Illinois Supreme Court in the 2019 case of People v. Buffer, 2019 IL 122327.

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 Posted on July 17, 2019 in Uncategorized

When a juvenile is taken into police custody for violating the law, the police and state’s attorney can take one of two paths. They can reach an informal agreement at the police station with the juvenile and his parents, or they can file formal charges and take the case before a juvenile court judge. An informal disposition for a juvenile crime can take the form of a station adjustment or a probation adjustment.

How Does Illinois Define a Juvenile?

Under Illinois law effective January 1, 2014, a minor who commits a crime prior to his 18th birthday is treated as a juvenile and processed through the juvenile court system. A person may remain under the supervision of the juvenile courts until they reach age 21. There are two exceptions to this rule. First, violations of traffic, boating, and fish and game laws are handled by the adult courts. Second, a minor at least 16 years of age who commits a violent felony such as first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm will be prosecuted as an adult.

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 Posted on July 16, 2019 in Uncategorized

According to the CDC, approximately one in four women and one in seven men will be the victim of severe physical violence by an intimate partner in their lifetime. Many U.S states have increased penalties for crimes committed against intimate partners or family members. In Illinois, domestic violence domestic violence is prosecuted heavily. Those convicted of a domestic violence-related crime can face years behind bars and a lifetime of stigma. If you have been charged with domestic battery or another domestic offense, it is crucial that you understand the charges placed against you and the possible penalties you face.

When is Battery Considered “Domestic Battery”?

Although they are two different crimes, we often hear the term “battery” along with “assault.” This is because Illinois law defines assault as "conduct which places another in reasonable apprehension of receiving a battery.” Battery is defined as “conduct causing bodily harm to another person” or physical contact with another which is “insulting, provocative, or unwanted.” In order for a battery to be considered domestic battery, the alleged offense must be perpetrated against a family member or household member. In Illinois, domestic violence includes violence against a

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