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Recent Blog Posts
Actual vs Constructive Possession: Drug Possession Charges in Illinois
If you have ever watched a television show about crime such as Law & Order or COPS, you have probably heard many of the typical claims a suspect makes when he or she is found to be in possession of illegal drugs. He or she might say “Those aren’t mine!” or “These are my friend’s!” or “Someone must have left these in my car.” In many cases, such excuses are little more than an attempt to avoid a drug possession charge. Sometimes, however, they are true. What happens if a passenger in a your vehicle brings drugs into your car and you are pulled over? It depends on the individual circumstances but in Illinois, where the drugs are found often determines what type of drug possession an individual can be charged with.
The Difference Between Actual and Constructive Drug Possession
There are two different types of drug possession in Illinois : actual possession and constructive possession. Actual possession is what most people think of as drug possession. It refers to an individual who is in physical possession of an illegal substance. He or she may be holding the item in his or her hand or carrying it in a pocket or purse. Actual possession also refers to an individual who attempts to dispose of drugs while being pulled over or questioned by police—by throwing them out the window of a car for instance. If a passenger in your vehicle is found to be in actual possession of drugs, you are less likely to be held responsible.
Understanding Your Rights When Police Ask For a Blood Test
Recently, we used this space to discuss the issue of search warrants and the threshold of evidence that constitutes probable cause. Furthermore, we addressed the matter as it related to an incident involving a nurse and the police that made national news when police attempted to obtain a blood sample without a warrant from an unconscious patient in a Utah hospital. Here, we wish to provide a little more detail as it pertains to your rights should you find yourself in a similar situation.
The problem in Utah began when an unconscious car crash victim was transported to the hospital. Another victim died as a result of the wreck, and police were conducting an investigation into the cause of the accident. Police believed they had “implied consent” to obtain a blood sample from the surviving victim.
Think Twice Before Ordering a Fake ID
A quick Google search for the phrase “fake ID” brings up more than 23 million results. Nearly all of the top results are websites purporting to offer false identification cards “that work” and “fool even experts.” Of course, fake IDs have been around for as long as the government has issued identification cards, but the digital explosion of the last two decades has made obtaining one easier than ever before. With just a few clicks, you can get a “reliable fake ID that help [sic] you hang out with friends and buy anything you want.” The idea of “knowing a guy” who can get fake IDs is a thing of the past, but there are many risks associated with false identification cards that you should know about before you buy one.
Bouncers and Bar Staff Know What to Look For
A vast majority of fake IDs are designed to look like government-issued driver’s licenses, and government officials are aware of that fact. That is why states are continually redesigning their licenses and adding new security features with each release. According to Secretary of State Jesse White, state-issued driver’s licenses in Illinois currently utilize more than a dozen different features intended to thwart counterfeiting and the production of fake IDs.
Opioid Spray Used in Fighting Overdose Deaths
According to records kept by the Federal government, the number of deaths due to drug overdoses and overdoses caused by heroin continue to increase across the country. Emergency medical professionals and law enforcement officials on the front lines are always seeking resources in an effort to combat this epidemic.
Opioid Nasal Spray
In 2014, the Federal Food and Drug Administration approved a Naloxone auto-injector, which was previously only available in ambulances and at hospitals, for use in homes and by trained law enforcement personnel as a means of preventing heroin overdose deaths. Recently, an increased number of agencies have begun a call for more widespread use of a nasal spray application of the life-saving treatment.
Narcan Nasal Spray counteracts the effects of a suspected or known opioid overdose, which becomes apparent by symptoms that include respiratory distress. The nasal spray administers a potentially life-saving dose of Naloxone HCl to counteract the effects of the drugs in a person’s system. Following administration of the spray, immediate emergency medical treatment is recommended.
Quantifying Alcohol Intoxication - .08 and the Law
If you are like most people, you probably know that the 0.08 is the “magic number” regarding drunk driving. A person with a blood-alcohol content (BAC) of 0.08 or higher may face charges for driving under the influence (DUI), but many people do not really understand what that number actually represents. In addition, it may be equally surprising to know that you could face DUI charges even if your BAC is lower than 0.08.
Two Ways of Determining BAC
Contrary to popular belief, Illinois law does not define blood-alcohol content as a percentage. There are many websites and resources that indicate that a BAC of 0.08 means that .08 percent of that person’s bloodstream is alcohol. In Illinois, at least, this is not how BAC is defined.
According to Illinois law, alcohol concentration can be determined in two ways: as a ratio of alcohol to blood or as a ration of alcohol to breath. The Illinois Vehicle code states, “Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.” These numbers were established based on scientific research to be equivalent to each other. A person with .08 grams of alcohol per 210 liters of breath is presumed to also have 0.08 grams of alcohol in every 100 milliliters of blood. (The density of alcohol actually means that a person with a BAC of 0.08 has more than .08 percent of his or bloodstream comprised of alcohol.)
Justifiable Force, Self Defense, and Weapons Charges
Illinois legalized the concealed carry of firearms in 2014, which led to a large number of applications for concealed carry permits. Since then, the number of applications has tapered somewhat, but the initial surge by Illinois citizens to secure concealed carry permits was likely fueled by the belief that carrying a handgun is a good way to defend oneself. While “self defense” is a legitimate and strong defense strategy, it may not be the solution to all one’s legal troubles if the same situation results in a gun or weapons charge.
Justifiable Use of Force
In the state of Illinois, the law allows for a person to use force under specific situations. In these scenarios, one can be cleared of wrongdoing if they were deemed to have used justifiable force. The specific situations in which justifiable force is allowed are as follows:
Illinois Law Protects Good Samaritans
Hardly a day goes by when one does not see a video, whether online or on TV news broadcasts, of a crime being committed or a person in distress. With just about every single person now equipped with a video camera as part of their cell phone, the possibility of catching one of these incidents on video becomes more and more likely. However, this phenomenon raises questions as to whether a bystander could face criminal charges or other legal action for failing to assist an accident or crime victim.
What are You Required to Do?
The possible scenarios that result from applying “Good Samaritan” laws and a person’s duty to render aid are truly numerous. From coming upon a car accident to shooting an intruder in your own home, the action (or inaction) you take next can have consequences. Listed here are a few examples applicable to this topic:
- A person involved in a car accident is required, if physically able, to “render aid” to other injured parties. This can range from administering first aid to calling 9-1-1 for help. Failing to do so may result in a Class A Misdemeanor charge.
Speeding in a School Zone Could Result in Jail Time
School is back in session, which means that many residential areas are suddenly much quieter during the day and homework clutters kitchen tables in the evening. As families with school-aged children get back into the swing of the school year, drivers throughout Illinois must take extra precautions when driving near school buildings as speeding in a school zone could result in hefty fines and points on their driving record. If a driver is going fast enough, he or she could even face time in jail.
Be Aware of School Zones
According to Illinois law, school zone speed restrictions may be put in place around any public, private, or religious elementary school, middle school, or high school. The law also applies to all types of nursery schools. During the school day—defined as between the hours of 7 a.m. and 4 p.m. when school is in session—drivers may not exceed 20 miles per hour when “passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.”
Navigating Driver’s License Suspension and Reinstatement
A revoked or suspended driver’s license can create a major inconvenience or hardship. It makes getting to work or school, caring for family members, and performing other daily tasks almost impossible to complete. Fortunately, the state of Illinois has a process in place that allows drivers an opportunity to pursue and gain driver’s license reinstatement.
Reasons Your License Can Be Suspended
In Illinois, when your driver’s license is suspended, you will receive a letter from the Secretary of State’s Office instructing you to surrender your license. There are a number of reasons why a license suspension may occur, including:
- Receiving three or more moving violations in a 12 month period.
- Failing to appear in court for a moving violation, or otherwise resolving the issue prior to your court date.
- Receiving 10 or more parking violations.
- Being photographed by automatic cameras running a red light five or more times without paying the fines associated with the violations.
Beyond a Reasonable Doubt - The Standard in Criminal Proceedings
The presumption of innocence is a cornerstone of the American legal system. When an individual has been charged with a crime, he or she is Innocent until proven guilty. Criminal defendants often face serious punitive consequences, including the death penalty. Therefore, the burden of proof is highest in criminal cases -higher than in any other area of the law. Though capital punishment is no longer used in Illinois, criminal convictions can still result in life-altering consequences for those charged. The standard of proving guilt beyond a reasonable doubt ensures that only the guilty are convicted.
Legal dramas on television often lead viewers to believe that the victim of a crime must press charges against the perpetrator. However, this is not entirely accurate. Victims can file a police report and cooperate in the prosecution of an offender, but the government is who decides whether or not to pursue a conviction. The prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney in any Illinois County. If a prosecutor files formal charges against a suspect, the burden of proof is on the prosecution. The term “burden of proof” means the obligation to prove one’s allegation. So, the attorneys for the government must prove beyond a reasonable doubt that the defendant is guilty of the crime he or she is accused of committing. A defendant is not required to prove his or her innocence in the same way—or at all.
