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Recent Blog Posts
U.S. Supreme Court Declines Highland Park Gun Law Case
Despite creating no legal precedent, the Supreme Court of the United States seemed to send a strong signal this week regarding its position on the rights of municipalities to enact strict gun control laws. By a vote of 7-2, the nation’s high court elected not to hear the challenge to a local ordinance restricting the sale of certain firearms in the Chicago suburb of Highland Park. The decision to turn down the case has no bearing on the outcome of future cases, but many believe it is further proof of the courts hesitance to expand the protections of the right to bear arms contained in the Second Amendment to the U.S. Constitution.
The Gun Ban
The denied appeal was a challenge filed against Highland Park’s ban on weapons determined to be “assault weapons,” including AR-15 rifles, and magazines with a capacity of greater than 10 rounds. The ordinance was enacted in 2013 as part of a growing concern over public access to certain firearms in the wake of highly-publicized mass shootings in Connecticut and Colorado. Advocates for gun rights quickly challenged the local law on the basis that it violated the Second Amendment’s promised right to bear arms.
Illinois Man Charged With Concealing Roommate’s Body and Obstruction of Justice
A young man appeared in Cook County Bond Court this past weekend, charged with obstruction of justice and the concealment of a death. The allegations against the 23-year-old Midlothian man are connected to the death of his 25-year-old roommate, which the man claims occurred more than two weeks ago. The court decided to hold the man without bail until an autopsy could be completed on the roommate’s body.
Trying to Avoid Eviction
According to reports from the Chicago Tribune and other news outlets, the man claimed that his roommate died of drug overdose on November 13. He allegedly panicked and, fearing that he would be evicted from their shared apartment, attempted to hide the death. He is thought to have put the roommate’s body in a suitcase, dragged it to a basement storage area, and left it there. Another resident of the building eventually notified police when the foul odor of decomposition became apparent. Police traced the smell and discovered the suitcase containing the roommate’s remains.
Woman Charged for Scamming Police So She Could Drive Drunk
It is not uncommon for individuals to find themselves in a situation where it is very tempting to drive home, despite knowing they are too drunk to legally do so. In many such cases, a phone call could solve the dilemma, reaching out to a friend, family member, or taxi cab for a ride home. Apparently, in other cases, a phone call can make the situation even worse, especially if that call forces the police to respond to a non-existent crime in progress.
“Silly Piggies”
According to police officials in northern New Jersey, instead of calling a cab, a drunk woman called 911 to report a phony assault so that she could drive home without being arrested for driving under the influence. The Parsippany woman was allegedly drunk in a bar when she decided it was time to leave, but she knew that she was intoxicated. Reports indicate that the woman called the emergency line to report “a female being attacked in the parking lot” of a different establishment. Police indicate that they responded with “lights and siren” but found nothing to suggest that the assault had taken place, including footage taken from security cameras.
What is an Attempted Crime in Illinois?
Under Illinois law you may be guilty of a crime even if you have not yet successfully completed a criminal action. Illinois has three main categories of actions that are punishable in the criminal justice system, even if a “full” crime was not committed. These categories are attempt, conspiracy, and solicitation. Sometimes these are called inchoate crimes or offenses. These are crimes that are close to occurring, but have not actually occurred yet. You can be convicted of an attempt of almost any crime.
What is the Legal Definition of Attempt?
The legal definition of an attempted crime is different than the way the word “attempt” is used in everyday language. Because attempted crimes can result in the loss of your freedom, and require a prosecutor to demonstrate your guilt beyond a reasonable doubt, the law outlines an attempted crime as having certain elements. The perpetrator must:
- Intend to commit a specific offense;
- Take an action; and
- The action must be a substantial step towards the commission of that offense.
Florida Deputy Too Drunk to Receive Award from Mothers Against Drunk Driving
A Pinellas County (Florida) Sheriff’s deputy has sent a formal letter of apology to a municipal department police chief for his inappropriate behavior at a conference and awards ceremony hosted by the public interest group Mothers Against Drunk Driving (MADD) earlier this summer. The statewide MADD event was organized to provide training and to recognize individuals for their contributions in the battle against driving under the influence. The deputy was slated to receive an award for making more than 100 DUI arrests, but, in an ironic twist, he was too drunk to attend the ceremony.
An Interesting Day
According to reports, the Pinellas Sheriff’s deputy arrived at the Fort Lauderdale hotel where the even was being held, signed in, and attended a morning session. During the first break, however, he decided the DUI enforcement training was unnecessary for him, as we he was soon transferring out of the county’s DUI unit. Investigators determined that the deputy returned to his room, began drinking, and spent the day drinking cocktails by the pool and playing party games with two other deputies who also skipped training.
Medical Marijuana Dispensaries Rake in More than $200,000 in First Week of Sales
It has taken more than two years of political wrangling, red tape, and bureaucratic delays, but legalized, medical marijuana is now a reality in Illinois. The state’s first seven dispensaries officially opened for business last week, and initial sales have been brisk, as some 3300 registered patients have been waiting for the opportunity to purchase marijuana legally. According to reports, sales of medical marijuana topped $200,000, with more than 800 individuals buying about 13,000 grams of the drug, an average of about $16 per gram or $450. There is some indication that this average is a bit above the black market price, which many expected, but the higher prices reflect more stringent testing and quality control, and officials believe the price will go down as competition picks up.
Compassionate Use Pilot Program
The state’s medical marijuana experiment is the result of legislation passed in the fall of 2013, and signed by then-Governor Pat Quinn. The measure, officially called the Compassionate Use of Medical Cannabis Pilot Program Act, allowed for a four-year, full-scale trial to determine the impact, if any, that the controlled legalization of marijuana for medical purposes would have on the state of Illinois. The law approved approximately three dozen conditions for which a patient, upon the recommendation of a doctor, could qualify to participate in the program. The most notable include cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’s disease), Parkinson’s, and Multiple Sclerosis.
Refusing a Breathalyzer Test
You are driving home from a night out with some friends. You have had a few drinks but you feel fine to drive. Halfway home, you see you the blue lights behind you. Immediately, you pull over and start get out your license and registration. The officer comes to your window, asks if you have been drinking, and then asks you to submit to a breathalyzer test. While it may be very tempting to refuse, it is extremely important to understand seriousness of such a decision.
By operating a motor vehicle in the state of Illinois, you are presumed to have granted your implied consent to submit to blood alcohol content (BAC) chemical testing. As such, the office of the secretary of state may impose administrative penalties on drivers fail or refuse testing. While refusing a test is not technically a criminal offense, the administrative penalties can still have a tremendous impact on your life.
If you refuse a BAC chemical test, your driving privileges will be automatically suspended for one year. Depending on the circumstances of your case, you may be eligible for driving relief after 30 days. A second or subsequent refusal during a future DUI stop will result in a statutory summary suspension of your driving privileges for 3 years with no relief available. While a simple license suspension may seem like a preferable alternative to a DUI conviction, it is important to remember that the DUI case against you can proceed without test results. The officer may present his or her observations, along with other proof of your impairment. In fact, your refusal to submit to testing may be presented as a suggestion that you knew you were too drunk to drive.
New Law Prevents Domestic Violence Calls from Leading to Eviction
In the last several years, neighborhoods and towns around Illinois and throughout the country have been enacted laws intended to reduce crime. Some of them, however, have had serious unintended consequences, particularly for victims of domestic violence. Presumably designed to make cities safer, these laws, known as “crime-free” or “nuisance property” ordinances impose fines and penalties, up to including eviction, on landlords and tenants who attract a certain level of police or law enforcement attention. Last month, though, Illinois Governor Bruce Rauner signed a measure that prevents local authorities from punishing tenants who require police assistance for sexual or domestic violence situations.
Noble Aims and Unintended Consequences
The Chicago Tribune reports that more than 100 cities and towns in Illinois have some form of a nuisance ordinance currently in effect. Nearly 40 of them directly punish tenants and landlords for too many calls to the police, regardless of the activity in question. To be fair, many municipalities have never applied the ordinances to domestic violence calls, or at least they claim they have not. Oak Forest Police Chief Gregory Anderson insists that his department does not punish those who truly need help, but that the ordinance has been a tremendous help in reducing drug-related crime. Other towns, however, seem to have a bigger problem. In many cases, domestic violence victims were left with a serious dilemma: call the police, get help, and risk being evicted; or remain silent and continue being victimized. The fear of losing their homes was, in fact, causing the opposite effect than that intended by the ordinance. Instead of reducing crime, the laws were leading to the underreporting of sexual and domestic violence.
Too Good to Be True Online Deals May Be Stolen Property
Have you have ever scrolled through eBay, or a similar auction site, looking for bargains? With nearly 160 million active user accounts on eBay alone, chances are pretty good that you or someone in your family checks out available deals at least occasionally. Online commerce has created an entirely new opportunity for bargain-hunters, but authorities have issued warning that a large number of auction site deals may, in fact, involve stolen property.
A report issued by the National Retail Federation estimates that as many as one-third of auction and classified site listings for items claiming to be “new in box” or “new with tags” are merchandise that has been stolen from retail stores or warehouses. Such schemes often involve organized retail theft rings, such as the multi-million dollar operation run by four Chicago residents arrested in 2013 for a nationwide string of shoplifting. While the main item of choice for that particular group was computer hard drives, theft rings may focus on stealing clothing, purses, jewelry, or any other items that can be quickly converted to cash through an intermediary known as a “fence.”
Governor Refuses to Add PTSD to Medical Marijuana Conditions List
Illinois Governor Bruce Rauner continued to demonstrate his unwillingness to amend the state’s medical marijuana pilot program until it finally gets off the ground by illegal drug possession " vetoing a proposal that would have added several ailments to the list of qualifying conditions. The proposed measure would have added, among others, post-traumatic stress disorder, or PTSD, allowing those suffering from the condition to seek medical marijuana treatment legally. The governor’s decision is not sitting well with many across the state, including a number of veterans groups who believe that Illinois needs to keep up with other states, especially when it comes to offering aid to those who have sacrificed and served.
Post-Traumatic Stress Disorder
Once known as shell shock and battle fatigue, post-traumatic stress disorder is a serious psychiatric condition that can affect an individual who has experienced or witnessed a particularly troubling or terrifying event. The event typically involves the infliction or threat of serious harm or violence, and may include wartime combat, a violent crime, auto accident, sexual assault, or natural disaster. PTSD can cause intense feelings of fear, helplessness, anger, nervousness, anxiety, depression, and other physiological and psychological symptoms. While there is no cure for PTSD, its symptoms are often treated with antidepressants or blood pressure medications. Medicinal treatments are commonly provided in conjunction with psychotherapy to help the affected person develop coping skills and to work through fears. However, according to many military veterans and a growing number of more progressive mental health professionals , marijuana may provide a measure of help and relief to those who suffer from PTSD.
