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Recent Blog Posts
Three Myths Regarding Illinois Marijuana Laws
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.
Illinois Expands the Sealing and Expungement of Criminal Records
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.
New Law Promises to Give Juveniles More Opportunities
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.
Push for Full Legalization of Marijuana Continues in Illinois
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.
New Illinois Law Permits Electronic Tablet Use by Inmates for Good Behavior
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.
4 Reminders for Illinois Firearms and Knife Owners in 2018
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.
Is Your Child Facing Underage Drinking Charges?
Many people do not wait until they are of the legal age to start drinking. Sometimes, those who are under age 21 gain access to alcohol when an older friend or relative purchases it for them, they attend a party at which alcohol is available, or they sneak into a bar. While some adults see such behavior as a part of growing up or even a rite of passage for their, it is important for people of all ages to understand that underage drinking is a crime and it can have serious consequences.
When a person under 21 years old is found guilty of possessing, purchasing, or consuming alcohol, they are at risk of having their driving privileges suspended for up to 6 months. The offense is also a Class A misdemeanor, in most cases, carrying a fine of up $500 as well. A second underage conviction results in a year’s suspension, and any further underage drinking offenses will in result in the revocation of the individual’s driver’s license.
Underage Drinking and Driving
Crucial Traffic Stop Tips for Young Drivers AND Their Parents
Young drivers can easily find themselves in serious legal trouble in any number of ways, including repeated speeding offenses (particularly in work/school zones), for example, or driving under the influence. Distracted driving due to smartphone use is another common problem with young drivers, who need to be aware of the 2014 Illinois law that calls for stiff fines and even jail time for distracted driving that results in injury to others. Even something as seemingly innocuous as passing a stopped school bus can lead to stiff fines and driver’s license suspension.
When facing a police officer after being pulled over for a traffic violation, even the most experienced driver can get nervous and be unsure how to act. But an impulsive mistake can haunt a young driver for months and years to come. That is why it is so important to make sure that all drivers in your family—but especially the younger, less experienced ones—know what to do when a police officer approaches your car.
State Officials Listen to Citizens Opioid Epidemic Experiences
High ranking state officials have held a number of hearings around the state the past few months to hear citizen comments and opinions on the topic of Illinois’ battle against opioid addiction. When it comes to this very volatile issue, and its relationship to law enforcement’s ongoing battle with criminal narcotics activity, the message was clear: there is more work still to be done.
Moms, Addicts, Elected Officials Tell Their Story
A panel led by Lt. Governor Evelyn Sanguinetti and Donald Kauerauf, assistant director of the state’s Department of Public health, listened as one person after another relayed their story of how opioid addiction is having an impact on their lives. The moving accounts included:
- A mother told the story of how her son died only six months after experimenting with narcotics for the first time. She bemoaned the stigma attached to addiction and the marginalized treatment those with addictions endure.
- One man told how his addiction resulted in a prison sentence at an early age and continues to cause problems in his life even today.
Social Media and Juvenile Crimes
The development and evolution of various social media platforms has allowed teens and pre-teens to spend more time interacting through the use of short text messages, images, and video. However, with all the positive applications these programs offer, there seems to be a rising occurrence of juvenile crimes being committed on or through the use of social media.
Cyber Bullying … and Worse
Often it is reported that what started as “harmless” teasing turned into something far more serious and resulted in something tragic. Other times, juvenile offenders use social media to broadcast their actions as means of bragging to their peers. Regardless of the scenario, when juvenile crimes find their way onto social media, they can quickly go viral and spread across the country, increasing the notoriety of the actions. Some recent examples of this trend include:
- Recently, in a far western suburb of Chicago, a 13-year-old boy was charged with a hate crime after making threats and statements of a racial nature to a classmate using a gaming system that was connected to the Internet. This was the second such incident in the area within the past several months; a separate juvenile had previously posted a threatening video on social media and made racial taunts targeting an African-American boy in the community.
