Recent Blog Posts
Criminal Charges in Drug Cases May Include Drug-Induced Homicide
The abuse of heroin and opioids has become a major health crisis in the Chicago area; more than 1,000 people died of drug overdoses in Cook County in 2016, which was a significant increase over the 693 drug overdose deaths in 2015. Law enforcement officials are working to combat this epidemic, and some advocates have encouraged them to charge drug dealers with drug-induced homicide in addition to standard drug charges.
Drug-Induced Homicide in Illinois
In Illinois, a person can be charged with drug-induced homicide if they provided illegal drugs to someone and the use of those drugs resulted in that person’s death. Drug-induced homicide is a Class X felony, and it is punishable by 15 to 30 years in prison.
While Chicago has seen increasing numbers of deaths from drug overdoses, charges of drug-induced homicide are still relatively rare in Cook County. However, the counties surrounding the Chicago area have seen a rise in these types of cases. Between 2013 and 2016, there were 17 cases in Lake County, 15 cases in Will County, 14 cases in DuPage County, eight cases in McHenry County, and five cases in Kane County. During this period, only five drug-induced homicide cases were prosecuted in Cook County.
Understanding Civil Asset Forfeiture Laws in Illinois
Anyone who has been arrested on criminal charges faces a great deal of financial hardship, including bail, court fees, fines, attorney’s fees, and the possible loss of income. But what many people do not know is that when they are arrested, police can seize their money or property if they believe that it was used to commit a crime. This is known as civil asset forfeiture.
While civil asset forfeiture is meant to provide law enforcement with tools to disrupt the activities of large scale criminal organizations, the practice has come under fire in recent years due to its increased use in a wide variety of criminal cases. Organizations such as the American Civil Liberties Union (ACLU) have argued that law enforcement officials disproportionately target lower-income individuals who do not have the resources to prove their innocence and reclaim their property.
These claims are backed up by studies from journalistic organizations such as Reason and the Chicago Reader, who analyzed data about civil forfeitures in Cook County. These studies showed that low-income neighborhoods in Chicago’s south side and west side were disproportionately targeted, especially for seizures of amounts less than $100.
Shoplifting and Retail Theft
It is estimated that there exist approximately 27 million shoplifters in the United States. That means that one in 11 people have shoplifted at some point in their lives. In the last five years, over 10 million of those people have been caught. Shoplifting is so prevalent that there is even a community of proud shoplifters showing off pictures of items they have swiped on the social networking website Reddit. The community, which has over 30 thousand subscribers, is a forum for shoplifters to share methods, advice, and tricks of the trade. The welcome message touts “Welcome to Shoplifting! If you're here to preach morals, enjoy your very brief stay. If you're here to learn and share, please help contribute to our wonderful community of allegedly corrupt and soulless individuals.”
Shoplifting Can Cost More Than You Might Think
What Happens If I Refuse a Breathalyzer?
You can probably imagine what it feels like to be pulled over by the police on a night where you have had a few drinks, even if it has never happened to you before. The lights flash behind you and your heart sinks. By the time the officer is at your window, you are probably extremely nervous, but you want to make this go as smooth as possible so that you get home quickly. As expected, the officer asks if you have been drinking, and you honestly answer that you had a couple earlier. Then, the officer asks if you will take a breathalyzer test. Can you refuse?
Understanding the Law
According to Illinois law, drivers give their implied consent to submit to blood alcohol content (BAC) testing by operating a motor vehicle on the streets and roadways of the state. There is an important caveat, however. Implied consent only refers to testing that is conducted incident to an arrest for driving under the influence (DUI). This means that you are under no obligation whatsoever to take a BAC test unless and until you have been arrested on suspicion of DUI. Regardless of what the officer tells you, if you have not been arrested, you cannot be forced to take a breathalyzer.
What You Should Know About Probation
If you are facing criminal charges, you may be overwhelmed by the legal process that lies ahead. Depending on the nature and severity of the alleged offense—along with your own criminal history—you could be eligible for probation in lieu of serving time in jail. But, what is probation and who qualifies? A skilled criminal defense attorney can help you make sense of a challenging situation.
What Is Probation?
Probation is a sentencing alternative that offers offenders substantially more personal freedom while they serve their sentences. In most cases, an offender on probation can live at home, go to work, and live most of a normal life, but always under the close supervision of a probation officer. An individual on probation is required to abide the terms set by the court and his or her behavior is closely monitored. In some cases, probation begins immediately upon a finding of guilt while in others, it begins after a reduced jail sentence.
Troubling Numbers Lead to New Bail Law in Illinois
Did you know that in 2015, more than 1,000 individuals at the Cook County Jail spent more time behind bars than they were actually sentenced to serve? These cases were not the result of clerical errors, lost files, or mistakes by jail staff. Many of them, rather, were the result of low-level criminal offenders not being able to afford cash bail. Instead of serving only their prescribed sentence, these inmates first sat in jail waiting for trial or for a plea bargain to finalize. Their crimes, in most cases, were so minor that their sentences were shorter than the amount of time they had already spent in jail.
Thanks to a new law signed last month by Governor Bruce Rauner, however, such cases should no longer be common in Cook County or anywhere else in the state. The measure, which took effect immediately, is being praised by criminal justice reform advocates as a significant step in the right direction.
Bail Basics
Cook County Announces Plan to Stop Prosecuting Certain Traffic Offenses
Most drivers in Northern Illinois have been stopped by police for traffic violations at some point in their lives. In some cases, a driver may be stopped for a moving violation—such as speeding—only for the officer to discover other offenses—such as driving with an expired registration. As the citations pile up, it can lead to serious problems for a driver, but things may soon get a little easier for drivers in certain situations, as Cook County has announced a plan to limit prosecution on specific, financial-related traffic violations.
Cook County State’s Attorney Kim Foxx was elected in November, and since then, she has been changing the way the county’s prosecutors handle non-violent, low-level cases. Part of her efforts have been aimed at reducing crowded jails and prisons, but a reduction in available resources is also a major factor. According to some sources, county prosecutors are operating on about 70 percent of the resources they had just ten years ago, meaning that cuts must be made somewhere.
Study Finds Patients Prefer Marijuana Over Opioids
Prescription opioid abuse is now a full-blown epidemic in the United States. Between 1999 and 2015, an estimated 183,000 people died from opioid overdoses. According to the Centers for Disease Control and Prevention (CDC), more than 1,000 people per day are treated in emergency rooms for misuse of opioids. Drug overdoses now cause more deaths annually than automobile crashes, and opioids are the leading cause of overdoses by a wide margin.
Many individuals who become addicted to opioid-based medication begin taking the medicine for a legitimate reason and have a doctor’s prescription. After the bottle of pills—often hydrocodone, oxycodone or meperidine—is empty, however, individuals look to illegal sources. Many turn to heroin, fentanyl, and other street products with potentially devastating effects. A new study suggests, however, that starting down the path of opioids is not the preferred solution for most patients in need of pain medication
Factors That Contribute to Driver Intoxication
Most people are aware that likely know that the legal limit for blood alcohol concentration (BAC) for the average adult driver in the state of Illinois is 0.08 percent. But, what does that number represent? Is there a magic number of drinks that reaches the threshold, which consumers are forbidden to pass and then drive a car? Does it matter what the drink of choice is? While 0.08 is the one substantial factor, several others contribute to surpassing that limitation and possibly being charged with driving under the influence (DUI).
What Was in Your Glass?
This is where it pays to go to a reputable establishment to consume alcohol. Did you know that each beverage has a glass in which it should be served? Classifications break down into glasses made specifically for beer, wine, or spirits and further into each subclass. The idea behind specialized glasses ensures consumers not only enjoy the best taste of their beverages but are also not consuming too much without knowledge. By serving inappropriate amounts of alcohol per glass, a vendor may set their customers up for disaster. Consider that the following measurements are all equal to one standard drink:
Justice Department Announces Tougher Sentences for Drug Crimes
In a recent memo, Unites States Attorney General Jeff Sessions ordered federal prosecutors to “charge and pursue the most serious, readily provable offense” when it comes to prosecuting drug crimes. This is a complete reversal of the direction drug crimes prosecution was going under the previous administration.
A Departure From Recent Years
Under the Obama administration, then-Attorney General Eric Holder ordered prosecutors to change the way they handled non-violent cases, including those involving drug charges, directing them to allow lower-level agencies—such as local and state prosecutors—to handle these types of cases. Over the past several years, as the drug epidemic has spread throughout the country, there has been more focus placed on criminal justice reform, particularly figuring out ways to get those facing drug charges the help and rehabilitation they need instead of just throwing them into prison. The Justice Department under the Trump administration, however, appears to be rolling back those reforms and instead, going back to harsher penalties and implementing mandatory minimum sentences.
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From our offices located in the Bucktown neighborhood of Chicago and in Oak Brook, we serve clients in Chicago, Skokie, Rolling Meadows, Lincolnwood, Oak Park, Franklin Park, Cicero, Berwyn, Melrose Park, Westchester, Oak Brook, Hinsdale, Downers Grove, Lombard, Villa Park, Elmhurst, and throughout Cook and DuPage Counties. We also represent clients at the 26th and California Courthouse, Maywood Courthouse, Bridgeview Courthouse, Daley Center Courthouse, Markham Courthouse, Rolling Meadows Courthouse, and the DuPage County Courthouse in Wheaton.
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