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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 Posted on September 11, 2018 in Uncategorized

The laws regarding drugs and alcohol in the United States have varied significantly throughout the years. For decades, marijuana was strictly against the law, but now thousands are able to legally buy marijuana for both recreational and medicinal purposes. Illinois decriminalized small quantities of marijuana in 2016. This reduced the penalty for possessing less than 10 grams of cannabis to a moderate fine comparable to a traffic ticket. Now, legislators and researchers are turning their attention to methylenedioxymethamphetamine, better known as MDMA, ecstasy, or Molly. MDMA is a psychoactive drug which has been illegally consumed in the U.S for decades, but only recently is being scrutinized for medicinal purposes.

Party Drug May Be Breakthrough Therapy for Post-Traumatic Stress Disorder

Advocates of the drug are celebrating after the Food and Drug Administration officially granted "breakthrough therapy" status for the drug MDMA. Of course, this does not mean that the drug is now legal or that there are no risks associated with its consumption. The decision by the FDA makes it easier for researchers to use clinical trials to test the drug’s ability to treat individuals with PTSD. In previous clinical trials, MDMA has provided significant relief to those suffering from PTSD, a mental disorder caused by extreme trauma. Sufferers experience symptoms including violent flashbacks, nightmares, anxiety, depression, and insomnia.

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 Posted on September 10, 2018 in Uncategorized

Do you have an old crime on your record that is still negatively affecting your life every time someone runs a background check on you? Under Illinois law, some crimes can be expunged (that is, completely and permanently erased from your record), while others can at least be sealed from the view of the general public and potential private employers. However, many crimes are not eligible for expungement or sealing. Executive clemency is a “court of last resort” for people in that last group who want to clear their criminal record. It can also be used as a way to petition for a reduction in a person’s sentence, such as commuting a sentence of life imprisonment to time served.

Every year in Illinois, hundreds of people who have been convicted of crimes submit petitions for executive clemency; that is, they ask to receive a pardon from the governor of the state. While the majority of these petitions are rejected, each governor’s record regarding executive clemency is different.

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 Posted on September 07, 2018 in Uncategorized

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.

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 Posted on August 31, 2018 in Uncategorized

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.

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 Posted on August 30, 2018 in Uncategorized

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.

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 Posted on August 29, 2018 in Uncategorized

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.

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 Posted on August 28, 2018 in Uncategorized

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?

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 Posted on August 25, 2018 in Uncategorized

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.

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 Posted on August 23, 2018 in Uncategorized

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.

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