Posted on February 05, 2018 in Uncategorized

In the unfortunate event that you are stopped by the police and accused of driving under the influence, you should be aware of the types of tests that you may be asked to undergo and understand the consequences of submitting to or refusing these tests.

The three types of tests are field sobriety tests, portable breath tests, and evidentiary breath tests. This post will focus on portable breath tests (PBTs), sometimes called preliminary breath tests or portable breathalyzers. PBTs are conducted at the site of the traffic stop. The police will consider the PBT result along with field sobriety tests and other observations to determine whether or not arrest you for DUI.

Understanding the Portable Breath Test (PBT)

A portable breath test is conducted with a handheld device. These devices are not as accurate as the desktop devices used for the so-called evidentiary tests which occur following an arrest

One important thing to remember is that the police are required to ask for your consent before administering a PBT, and they must give you sufficient time to refuse. An officer’s failure to give you the opportunity to refuse can, by itself, be cause to invalidate an arrest based on that PBT, as decided in a 2016 Illinois court ruling.

Continue Reading ››

 Posted on February 04, 2018 in Uncategorized

Many people may not know this until it is too late, but police in Illinois can seize your property even if you have not been convicted of a crime. Asset forfeiture can result in the loss of your car, home, or other possessions while creating a major burden for you and your family.

Civil Asset Forfeiture

Authorities expanded the application and use of forfeiture laws while engaged in the “War on Drugs” with criminal drug kingpins during the 1980s. The strategy was to cripple a criminal organization by taking possession of cars, trucks, boats, homes, and other assets found to be used in the manufacturing, storage, transportation, or distribution of illegal drugs.

Now, however, innocent citizens are finding themselves inconvenienced, because under the law, police can take possession of and keep property they suspect may have been involved in the commission of a crime. This can take place even if the person who owns the property was not involved in the alleged crime. For example, a 70-year-old woman lost her car for five months when it was seized by police. The car was being driven by her grandson when he was arrested for driving on a revoked license.

Continue Reading ››

 Posted on February 02, 2018 in Uncategorized

The use of opioids such as heroin, hydrocodone, morphine, oxycodone and fentanyl can be extremely dangerous. These opium-derived drugs are highly addictive and are almost impossible to quit once a person has become dependent on them. Often, a person becomes addicted to opioids after an injury or illness necessitates the use of pain management medicine. For example, a person may be originally prescribed a pain pill such as Percocet to be taken for a finite amount of time. When the pills run out, the person can no longer function without them and therefore seeks illegal means of finding relief. The terms “opiate” and “narcotic” are sometimes used interchangeably with the word “opioid.”

Deadly Addiction

Tragically, opiate overdoses result in thousands of deaths a year. In fact, in 2016, an estimated 64,000 people lost their lives to opiate overdoses, many of which were unintentional. In some cases, users do not realize the potency of the drug they use, or do not realize that it has been combined with another substance. Some people who manufacture and sell narcotics cut their product with fillers, such as baby powder to increase profits, while others add additional drugs. For example, many batches of heroin sold on the streets also contain fentanyl. Fentanyl is a synthetic opioid that is 50 to 100 times stronger than morphine and is responsible for a large percentage of opioid overdoses.

Continue Reading ››

 Posted on February 01, 2018 in Uncategorized

In the unfortunate event that you are stopped by the police and accused of driving under the influence, you should be aware of the types of tests that you may be asked to undergo and the consequences of agreeing or refusing to undergo these tests.

The three types of tests are field sobriety tests, portable breath tests, and evidentiary breath tests. This post will focus on the field sobriety tests. Field sobriety tests are conducted at the site of the traffic stop by the police officer who pulls you over. The officer will use the results of these tests to decide (1) whether or not to ask you to take a portable breath test and (2) whether or not arrest you for DUI.

The Most Common Field Sobriety Tests

The most common field sobriety tests are (1) the one-leg stand, (2) the walk and turn, which involves walking in a straight line taking heel to toe steps, and (3) the horizontal gaze. These three tests taken together are referred to as the Standardized Field Sobriety Tests.

Continue Reading ››

 Posted on January 31, 2018 in Uncategorized

Currently, eight states and Washington D.C. have legalized recreational marijuana. Other states—including Illinois-have made medical marijuana legal if it is prescribed by a medical doctor for specified conditions. In Illinois, however, it is still against the law for anyone else to purchase, use, or carry marijuana. There is a lot of misinformation regarding cannabis and the laws which govern its use. Below are three of the most popular myths regarding marijuana laws.

1. Police Must Identify Themselves

Television and the big screen have perpetuated several myths about police and marijuana. One of these misconceptions is that if a person asks an undercover police officer if he is indeed law enforcement, that the office must admit to his identity. This trope is often used in so-called “stoner movies” in which the main characters use marijuana heavily, but it is simply not true. A police officer has the authority to pretend to be someone else in order to catch and prevent criminal activity. In sting operations or investigations, police may pose as drug dealers or other criminals in order to bring offenders to justice.

Continue Reading ››

 Posted on January 30, 2018 in Uncategorized

Anyone who has been arrested or convicted of a crime in the past can tell you how having a misdemeanor or felony record can hinder one’s ability to apply for a job, housing, a loan, or even admission into school. However, the outlook for offenders may be looking up with the implementation of new laws dealing with the expungement or sealing of criminal records in Illinois.

New Laws Offer Relief

Two bills passed by the state legislature and signed by Governor Bruce Rauner in 2017 are expected to help ex-offenders find employment and other opportunities while saving the state money. These bills made the following changes to Illinois law:

• An ex-offender can apply to have their criminal record sealed from public view by filing an application in the court where they were convicted. The process requires the applicant to notify the prosecutor and police department involved in their arrest and the prosecution of their case, and, if no objections are brought, the court can grant the request. Future viewing of the record would be limited only to those who obtain a court order that allows them to do so.

Continue Reading ››

 Posted on January 29, 2018 in Uncategorized

The nation’s first juvenile court system was established in Cook County, Illinois, in 1899. The system was intended to address the reality that adolescents are different from adults. Unlike “adult” courts, juvenile courts traditionally focus on educating and rehabilitating young offenders and keeping them from returning to a life of crime. In the nearly 120 years since the founding of the first juvenile court, the stated goals of such systems have remained the same, but many people believe that bureaucracy and red tape have made it nearly impossible many young people to start over again after making a mistake. Thanks to a new law that went into effect at the beginning of this year, however, most juvenile offenders will now qualify for the automatic expungement of their records.

A Historically Large Problem

In the spring of 2016, the Illinois Juvenile Justice Commission released the results of an analysis of the state’s juvenile court system. The study looked at juvenile arrests from 2004 to 2014—1.85 million arrests in all. Of those arrests, only 5,310 were ever expunged from the record of the arrestees. This amounts to just three expungements for every 1,000 arrests, a number which includes arrests that did not lead to findings of delinquency or convictions.

Continue Reading ››

 Posted on January 26, 2018 in Uncategorized

The ongoing campaign for the legalization of marijuana in Illinois shows no signs of slowing. As crimes related to cocaine, heroin and other opioids continue occupying the efforts of law enforcement agencies, advocates for legal recreational marijuana met with state officials late last year to pursue their agenda.

Expanded Medical Use Under Consideration

A new Bill before the Illinois State Legislature would expand the state’s medical marijuana program, making it available to more patients. It has even gained the support of some doctors from around the state who insist the new law could help fight the growing opioid epidemic.

Currently, approximately 27,000 patients qualify for medical marijuana in Illinois, and there are 40 conditions that allow patients to qualify, including cancer and AIDS. The new law, if passed, would allow a qualified individual to obtain a one-year medical marijuana card without fingerprinting or a criminal background check. The approval process would be reduced from two to three months to just 14 days.

Continue Reading ››

 Posted on January 25, 2018 in Uncategorized

At any given time, there are about 1.5 million adults behind bars in American jails, prisons, and other correctional facilities. In Illinois alone, correction centers house an average of about 46,000 men and women on an average day. While there will always be concerns about wrongful convictions and widespread problems in the criminal justice system, the vast majority of prison inmates are serving time for crimes they actually committed. For decades, experts and sociologists have been looking for ways to decrease the chances of recidivism—returning to a life of crime—when an inmate is released. That was also the motivation behind the Illinois legislature’s decision to pass a bill this past August that allows inmates access to electronic tablets as a reward for good behavior.

Rewarding Inmates With Privileges

House Bill 3712 was signed into law by Illinois Governor Bruce Rauner on August 18, 2017. The measure went into effect on January 1 and specifically amended the state’s Unified Code of Corrections to “provide educational and visitation opportunities to” inmates via “content-controlled tablets.” Temporary access to such tablets—such as an iPad, Surface, or similar device—“may be provided as a privilege to [inmates] to induce or reward compliance.” In other words, inmates can earn tablet time with good behavior.

Continue Reading ››

 Posted on January 24, 2018 in Uncategorized

If you enjoy hunting or target shooting or even just carrying a pocket knife, Illinois can be a tricky place to live, particularly if you live in or near the city of Chicago. Even the most well-intentioned citizens—including Illinois’ 2.1 million FOID card holders—can find it hard to stay current and compliant with all of the state and local firearms and weapons regulations. To help you avoid running afoul of the law in 2018, here are a few reminders for Illinois weapons owners.

1. Make sure your FOID card is in your wallet and has not expired. Illinois residents need a current Firearm Owners ID card in order to purchase all types of guns and ammunition, and most shooting ranges require it as well. Possession of a firearm with a FOID card that has been expired for less than six months is considered a petty offense, assuming the individual still meets all of the eligibility requirements. If, however, the FOID card has been expired for longer than six months, the individual can be charged with a Class A misdemeanor, the penalty for which can be a fine of up to $2,500, probation for up to two years, or imprisonment for up to one year. It only costs $10 to renew your FOID card, so do not get caught short. If you also hold a Concealed Carry License (CCL), you do not have to worry about renewals for at least another year, as these licenses are good for five years and have only been available since 2014.

Continue Reading ››