Posted on May 22, 2019 in Drugs and Narcotics

Ten states in the United States plus Washington D.C. have legalized recreational marijuana, but Illinois is not one of them. Though the state may be getting closer to legalizing the substance, it is still considered a drug crime to possess weed. This includes the cultivation of cannabis plants.

There are serious consequences to possession of marijuana charges, but punishments for growing the plants are even worse. According to Illinois law, growing cannabis plants can be a misdemeanor or a felony charge with punishments varying according to the number of plants grown:

• Five or fewer plants: Class A misdemeanor charge, one year in prison and $2,500 in fines.
• Five-20 plants: Class 4 felony charge, up to six years in prison and $25,000 in fines.
• Over 20-50 plants: Class 3 felony charge, 2-10 years in prison and $25,000 in fines.

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 Posted on April 15, 2019 in Domestic Violence

The first thing people think of when they hear the phrase “domestic violence” is often a spouse abusing their partner. However, it is just as common for children under the age of 18 to be victims of the abuse or neglect. Minors can be affected in a number of ways by not only being a victim of domestic violence, but also if they are a witness to the abuse or neglect. Side effects vary based on the age of the minor, but some include:

• Increased crying or signs of terror such as hiding;
• Bed-wetting or thumb-sucking;
• Drop of self-esteem or feelings of guilt;
• Trouble in school or becoming anti-social;
• Less participation in activities;
• Drug and/or alcohol abuse;
• Depression or behavior changes; and
• Mimicking the abusive behavior.

As with adults in a domestic violence case, an order of protection can be ordered to keep the abuser away from any minor in an abusive situation. However, it is the responsibility of a parent or guardian to issue an order of protection.

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 Posted on March 22, 2019 in DUI Defense

While we have seen national campaigns designed to combat driving under the influence of alcohol for decades, the concept of drug DUIs is fairly new in the public consciousness. Since the legalization of medical marijuana and recreational cannabis in a growing number of states, law enforcement has been forced to adjust.

That includes in Illinois, where medical cannabis was legalized in 2013. There are now approximately 40,000 medicinal users registered through the Illinois Department of Public Health, in addition to thousands of unregistered recreational users throughout the state. Like alcohol, there are strict rules in place to limit the frequency of marijuana DUI.

Cannabis DUI in Illinois

Illinois law states medical marijuana users may not drive under the influence of cannabis, and they must transport it in a sealed container that is not accessible while the automobile is moving. If a licensed patient or any citizen is pulled over, and the officer believes the driver is impaired by cannabis, they must submit to field sobriety testing. Refusal or test failure results in a driver’s license suspension and possible revocation of their medical marijuana card.

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 Posted on February 22, 2019 in DUI Defense

In recent years, police officers have been more strict on how they handle DUI cases -- and for good reason. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 people who died in alcohol-related car crashes in 2017. Because of this, penalties for DUI convictions and even arrests can be quite severe.

If an officer pulls you over because he or she thinks you may be under the influence, the officer will probably ask you to step out of your vehicle. They will also probably ask you to submit to a number of field sobriety tests, which is how they gain sufficient evidence to arrest you for DUI. If you are arrested on suspicion of DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration (BAC). Refusing to submit to the chemical test can mean you will be subject to penalties.

Illinois Implied Consent

Most states have an implied consent law and Illinois is no exception. According to Illinois law, any person who is in actual physical control of a vehicle on Illinois roads has been deemed to have consented to give a sample of blood, breath or urine to test for their BAC or traces of drugs if they have been arrested for DUI. The arresting officer must have had probable cause to arrest the person.

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 Posted on January 24, 2019 in Traffic Tickets

If you are like some people, you get a sinking feeling in your stomach when you see a police officer, even if you did not do anything wrong. Getting pulled over by a police officer can be a daunting experience and one wrong move can cost you greatly. If you disrespect an officer, whether you mean to or not, the officer will most likely punish you to the full extent of the law for the reason he or she pulled you over. A simple traffic ticket can turn into a big deal. Often times, police officers will let you off the hook a little bit if you comply, which is why it is important that you know what you should and should not do when you are pulled over by a police officer.

Proper Etiquette After You Are Stopped

There are certain things that you should and should not do when you are pulled over by a police officer. Here are some tips that you should follow when you find yourself in the middle of a traffic stop:

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 Posted on December 27, 2018 in DUI Defense

There are many ways that you can lose your driving privileges in Illinois -- not paying child support, not taking care of parking tickets and not paying toll fees. However, the most common way Illinoisans lose their driving privileges is by being convicted of driving under the influence (DUI) or related charges. In Illinois, you are subject to an administrative license suspension, in addition to any criminal suspensions you may face. Failing a chemical test to measure your blood-alcohol content (BAC) and refusing to take a chemical test are two common DUI-related charges that result in a loss of driving privileges. In order to get your driving privileges back, you will have to attend an informal or formal hearing at the Illinois Secretary of State’s office.

Informal Hearings

If your driver’s license was suspended or revoked due to a DUI-related charge or conviction that did not involve a fatality and this was your first DUI, you do not have to attend a formal hearing and can attend an informal hearing. Informal hearings are held at certain driver services facilities throughout the state on a walk-in basis. You will provide the hearing office with all applicable documentation, which will then be sent to the main office in Springfield. The main office will mail you a letter stating the outcome of the hearing, which can be either a denial, a restricted driving permit or a full reinstatement of your driving privileges.

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 Posted on November 15, 2018 in Violent Crimes

Each year, the FBI puts together a report on crime statistics and one of their reports focuses on hate crimes in the United States. In 2106, the FBI reported that there were 6,121 hate crime incidents that took place in the U.S., with over half of those incidents stemming from racial or ethnic bias. About half of all racially or ethnically based hate crimes were those that were anti-black or African American. The prevalence of hate crimes has risen by a significant amount in the past few years and recently, a Chicago man was arrested on charges of drawing swastikas on buildings.

Chicago Man Charged with Felony Hate Crimes

A 51-year-old man has been arrested and charged with multiple counts of hate crimes after the man is alleged to have drawn swastikas on multiple homes on the North Side. The man is being charged with two felony counts of hate crimes, along with three misdemeanor counts of criminal defacing of property. Chicago police say that the man was identified on home security video footage showing him using chalk to draw swastikas on garages and fences.

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 Posted on October 26, 2018 in DUI Defense

Seeing flashing red and blue lights in your rearview mirror usually causes panic or a sinking feeling of dread. If a police officer pulls you over because he or she suspects that you may have been drinking, you probably did something that caught their attention, which could have been as simple as forgetting to use your blinker while you were turning or as serious as swerving in and out of your lane. Most DUI stops in Illinois will follow the same procedure, but can vary depending on the individual officer and police department they are with. Being pulled over can be scary, but if you know what to expect, it can be a little less intimidating.

Timeline of a DUI Arrest

• You could have been stopped at a routine roadside safety check, or the officer could be stopping you because they have probable cause or reasonable suspicion that you are under the influence. Most of the time you will have broken a traffic law in some way.

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 Posted on September 18, 2018 in Domestic Violence

Domestic violence is a crime that is taken very seriously and has severe consequences for those who commit it. Though the type of punishments that offenders of domestic violence get are deserved, the extremely personal nature of the crime makes it difficult for those who are falsely accused to clear their name. In the state of Illinois, police officers are required to arrest a person if the officer has reason to believe that they have committed an act of abuse or neglect. Even if the officer makes no arrest during a domestic violence call, they must always fill out a police report with the alleged victim and the alleged suspect’s information and statements. If a person decides to file an order of protection against someone, this means they are telling the court that they have been abused and wish to seek charges against the abuser.

What Is Domestic Violence?

Though different states may have different definitions of domestic violence, Illinois defines domestic violence as any act of “abuse” perpetrated by a “family or household member.” An act of abuse can be:

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 Posted on August 17, 2018 in Theft

Most people use the terms theft, robbery and burglary interchangeably and for the most part, they can be used that way in general conversation. In the criminal justice world, theft, robbery, and burglary each have their own meanings and often have different consequences, depending on which crime you are accused of. If you are accused of one of these crimes, it is very important that you understand what constitutes each crime and what kind of punishments you are facing.

Theft

The Illinois Criminal Code of 2012 states that you are committing theft if you:

• Gain control of property when such control is unauthorized by the owner;
• Gain control of property through deceit or threat; or
• Gain control over property you know is stolen.

Sentencing for theft crimes is largely dependent on the value of the property that has been stolen. Theft is considered a Class A misdemeanor if the property was not directly stolen from another person and is valued at less than $300. Class A misdemeanors can carry up to a year of jail time and a fine of up to $2,500.

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