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Recent Blog Posts
Heroin Epidemic Continues to Plague Illinois
According to the most recent numbers from the federal government, fatal drug overdoses hit an all-time high in 2014, claiming the lives of more than 47,000 Americans. The number is even more staggering when you consider how much time, energy, and money has been spent on awareness campaigns and addiction treatment over the last several decades. The Centers for Disease Control and Prevention has yet to release the numbers for 2015, but few are expecting a significant decrease, meaning that tens of thousands more died due to drug overdose last year. As Illinois continues to compile its statistics for 2015, there is growing concern over the resurgence of serious heroin problem, much of it centered around the greater Chicago area.
Provisional Numbers
In 2014, there were approximately 1,700 drug overdose deaths reported in the state of Illinois. Of that number, about 42 percent, or 711, were related to heroin. Reports released earlier this month place the number of heroin-related overdose fatalities in the state at 692, with many investigations still ongoing and causes of death still to be determined. This seems to be in keeping with a terrible nationwide trend which has seen deaths related to heroin use triple in just the last four years. Government officials cite the drug’s increased availability and relative affordability as the primary factors contributing to the marked uptick in its use and abuse.
Legalized Recreational and Medical Marijuana Impacting Mexican Cartels
As the legalized selling of medical marijuana in Illinois enters its fifth month, the program, along with many others like it around the country seems to be having an effect that infamous War on Drugs could not produce. According to reports from the United States Border Patrol and other sources, the increase in government-sanctioned marijuana being grown in the U.S. is starting to drive down prices and, in turn, profits of growers and drug cartels in Mexico.
Prices Being Slashed
As far back as late 2014, even before the Illinois pilot program got underway, small-time marijuana growers in Mexico were already discussing the drop in the value of their products. One grower indicated that in 2011 and 2012, a kilogram of marijuana could bring in $60 to $90 at wholesale prices. “But now they’re paying us $30 to $40 a kilo,” he said. “It’s a big difference.” Growers in Mexico—many of whom struggle to maintain a very modest lifestyle, unlike the Hollywood image of a drug trafficker—expressed concern that legalization in the U.S., either for medical and recreational purposes, would ultimately make their production unsustainable.
Aurora City Official Picked Up on Second Theft Charge in Three Years
A simple look around any retail establishment will demonstrate the store’s concerns regarding shoplifting and retail theft. Conspicuously placed surveillance cameras, security tags, and other ant-theft devices are all designed to help reduce theft-related losses that cost retailers around the country hundreds of millions of dollars each year. In most communities, government officials and lawmakers continue to look for ways to help business owners and retail outlets protect their investments, but at least one such area representative seems to have a slightly different take on the matter.
Alderman Arrested Again
An alderman from the city of Aurora, Illinois, was arrested on misdemeanor shoplifting charges Sunday evening as she left a Meijer store on Route 59, according to police records. The woman, who represents Aurora’s 10th Ward on city council, was allegedly seen by store loss prevention personnel hiding more than $55.00 worth of merchandise in her purse, then leaving the store after paying for other items without ever opening her purse at the checkout.
Former Prosecutor Disbarred for Innocent Man on Death Row
To many people, and especially those working toward the abolition of the death penalty in the United States, the application of capital punishment in the state of Texas represents a cause for serious concern. While proponents of the death penalty continue to point to the alleged deterrent factor, the danger of condemning the wrong person is one that is certainly very real. This week, a disciplinary committee upheld the disbarment of former prosecutor over actions that led to an innocent man spending more than a decade waiting to die for a crime he did not commit.
The criminal defendant at the center of the case was convicted and sent to death row for the deaths of six people in 1992. His conviction was overturned in 2006, but it took an additional four years to secure his release from prison, when a special prosecutor finally took a closer look at his case, declaring him to be innocent and deserving of freedom.
According to court documents, the prosecutor in the original trial not only withheld evidence that may have exonerated the defendant, but allowed—and even encouraged—witnesses to provide demonstrably false testimony. The prosecutor left his post as a county district attorney in 2000, and the State Bar revoked his law license last summer following an extensive investigation. The Board of Disciplinary Appeals recently upheld the disbarment, effectively ending the former prosecutor’s career.
Judge Rules Chicago Traffic Camera Tickets Violate Due Process
As more and more communities around the country continue to install cameras at intersections and other areas of traffic concern, a Cook County judge has found major problems with the program in Chicago. The city is now facing the possibility of being forced to refund millions of dollars collected in fines from motorists who were ticketed as a result of being caught on camera.
The ruling came in a lawsuit filed almost a year ago by three named plaintiffs, alleging that the city violated its own municipal codes in the process of ticketing and collecting fines related to red-light and speed-cameras. By violating the city code, Judge Kathleen Kennedy ruled, ticketed motorists were denied due process and the proper ability to contest their issued citations.
No Second Notice
When a vehicle is caught breaking the law by a red-light camera or speed camera, the city is supposed to send a Notice of Violation to the registered owner of the vehicle. According to Chicago city code, if the owner fails to respond, a second notice is to be sent to the vehicle owner prior to the determination of liability—which is essentially a default judgment of guilt. The lawsuit against the city, however, indicates that second notices are not being sent to motorists and the liability determinations are being made too quickly. Attorneys for the claimants maintain that the second notice is a necessary step in the process to ensure a suspected violator’s right to contest the citation prior to being found financially liable. The suit further claims that late fees are being applied to fines inappropriately, failing to adhere to the timeframes and grace periods provided in the law.
Feds Requiring Electronic Record Keeping For Truckers
Truck drivers often face long hours and demanding working conditions in order to secure a living for themselves and their families. Therefore, it makes sense that protecting their commercial driver’s license is an important element of their job that keeps them on the road. However, a new federal mandate that will monitor exactly how much time is spent on the road is creating privacy concerns for some.
Electronic Logging Devices Now Mandatory
Although a federal regulation mandating that all truckers switch from keeping written or paper logs of their driving time and miles to an electronic logging device (ELD) was announced more than two years ago, it is just now taking effect in Illinois. Those supporting the change claim that requiring all truckers to be monitored via the ELD will make the roads safer for everyone who uses them.
Electronic Logging Devices will maintain a record of every hour the truck is driven, the route used and where a vehicle is at all times. Use of an EDL will not alter the allowable time a driver may spend behind the wheel, which is typically described as:
Study Examines Increasing Rate of Marijuana-Use Disorder
Even as efforts to decriminalize possession of small amounts of marijuana in Illinois continue, many thousands of people are estimated to use the drug on at least a casual basis. In fact, marijuana is the most frequently-used illegal drug in the United States. While that in and of itself may not be particularly surprising, recent estimates indicate that some 22 million Americans over the age of 12 use marijuana.
Many proponents of decriminalized or legalized marijuana believe the risks associated with the drug are lower than even those presented by alcohol use, including what they believe to a non-existent risk of chemical dependency. Addiction, it would seem, can take many forms, and according to study released this summer, there definitely seems to be some type of addictive quality to using the drug, at least for certain.
Marijuana-Use Disorder
A collaborative effort between researchers at Columbia University, National Institutes of Health, and the New York State Psychiatric Institute found that marijuana use has more than doubled in the last decade, as public opinion has changed dramatically. A little over ten years ago, about 4.1 percent of Americans reported using marijuana in the last year. Today, the number is about 9.5 percent. Correspondingly, marijuana-use disorder has also increased, although the incidence rate among users has remained roughly the same.
Retrial Ordered in Fatal Police Shooting
Early this week, a federal judge imposed sanctions against the city of Chicago and one of its veteran attorneys for concealing evidence in a trial concerning a fatal police shooting from 2011. The attorney resigned just hours later but, along with the city, has been ordered to pay attorney’s fees to the plaintiffs that will likely total hundreds of thousands of dollars. Only then can a retrial take place, as the family of the shooting victim seeks damages from the Chicago Police Department and the city.
Overturning the Verdict
Last March, in the original trial, a federal jury found in favor of the Chicago PD officers who shot the man, concluding the shooting was justified. The officers had testified that the man had been pulled over because his vehicle matched a description that was given over their police radios of a car connected to an earlier shooting. Court records indicated, however, that the officers could not have heard the report as they claimed because it aired in a different zone. The attorney in question admitted during the trial that he had failed to turn over a recording of the dispatch the officers actually did hear. When pressed by the judge, the attorney acknowledged that he knew about the recording prior to the trial but did not really think it would be helpful to the plaintiffs.
New Law to Allow Driving Relief for Four-Time DUI Offenders
Police officials in Bedford County, Tennessee, last week reported the arrest of a woman on charges of driving under the influence, or DUI. While such an arrest is far from unusual, the woman’s arrest history makes this particular case especially interesting. According to reports, the current charges mark the 17th time she has faced prosecution for DUI, and, correspondingly, 16 charges of driving with a revoked license. Officials indicate that the woman’s first DUI arrest was in 1985, but that six of the offenses have occurred in the last ten years.
Another Chance for Repeat Offenders in Illinois
As illustrated by the Tennessee case, some people will always try to find ways around the existing laws to do what they want. Meanwhile, here in the state of Illinois, a new law is set to take effect that will offer those with multiple DUI convictions a legal avenue for restoring some driving privileges. A person with 16 prior convictions, as one might expect, will not qualify for relief consideration, but under the new law, four-time offenders will have the ability to apply for a restricted driving permit.
How Secure Are Attorney-Client Communications in Prison?
The confidentiality of client-lawyer communications is bedrock constitutional right in our criminal justice system. However, recent revelations have shown cracks in the confidentiality of those communications when clients are in jail. Not everyone in jail has even been convicted of a crime; some are just unable to make bail and are awaiting trial.
The Securus Hack
Securus Technologies is the largest provider of telecommunication services to jails and prisons in the United States. A recent hack and data dump revealed that not only is Securus recording calls between clients and their lawyers—despite previous denials by the company—but that those recordings are not stored in a secure manner.
In a two-year period across 37 states, over 70 million calls were compromised. Of those calls, at least 14,000 calls were between lawyers and clients.
Issues With Other Forms of Communication
In this digital age, there are many ways for lawyers and clients to communicate. However, options for communicating with incarcerated clients are limited. Some jail and prison locations are too remote for frequent in-person visits.
