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Recent Blog Posts
Cook County Program Helps Non-Violent Offenders Avoid Conviction
Over the last three decades or so, the approach to crime in the United States has changed dramatically. In the past, communities have tried to fight criminal behavior with harsh penalties and long prison sentences. While the overall crime rate in the United States is lower than it was 20 or 30 years ago, the hardline approach to crime has—in the eyes of many—only served to fill our prisons and perpetuate a criminal lifestyle among convicted offenders. In an effort to stop the cycle of crime, Cook County introduced a program in 2011 that allows certain individuals accused of shoplifting, retail theft, and certain other non-violent crimes to avoid a conviction and prevent them from falling into a criminal lifestyle.
Deferred Prosecution Program
The Cook County State’s Attorney’s Office developed the Deferred Prosecution Program (DPP) as an alternative to traditional conviction and sentencing for adults charged with certain felonies. As a diversionary program, the DPP is intended to address the issues that led the person to commit the offense and to help them modify their behavior to avoid future crimes. To be considered for Deferred Prosecution, a criminal suspect must:
Cook County Prosecutor Announces Change to Felony Charges for Shoplifting
Retail theft in the form of shoplifting is one of the most common crimes in the United States. It occurs so often that many retailers frequently do not even report incidents to the police because full participation in every alleged shoplifter’s prosecution would be impossible. Of course, when a shoplifter steals merchandise of a particularly high value, retailers are more likely to stay involved. According to Illinois law, stealing retail merchandise valued at $500 or more may constitute a felony offense. A recent announcement by Chicago’s top prosecutor, however, indicates that a significant change is coming regarding how Cook County will pursue felony charges for shoplifting.
New $1,000 Threshold
This past November, Kim Foxx was elected to serve as the Cook County State’s Attorney after beating the incumbent Anita Alvarez in March’s Democratic primary. As one of her first major policy decisions, Foxx announced in December that she was amending prosecution guidelines for retail theft charges in Cook County. According to the Chicago Tribune, she has instructed county prosecutors that charges for retail theft, including shoplifting, should remain misdemeanors unless the value of the stolen property exceeds $1,000 or the defendant has 10 or more prior felony convictions.
A New Approach to the Prosecution of Marijuana
In June 1971—following the cultural and sexual revolutions of the 1960s—President Richard Nixon declared war on drugs. Over the next several years, the Nixon administration dramatically increased the size and scope of federal anti-drug agencies and began pushing for harsh sentences for even non-violent drug offenders. In the decades since, the United States government and others around the world have continued to fight against drugs, locking up millions and creating a thriving black market for illegal substances of all kinds. In many states, including Illinois, a person can be arrested just for riding in the same car as a person in possession of drugs.
Time for Change
After 45 years, however, there is growing pressure throughout the country for a new approach to America’s drug concerns. Perhaps the most telling indication of the evolution that is taking place is the national attitude toward marijuana. While the federal Drug Enforcement Agency continues to consider marijuana a Schedule I drug under the Controlled Substances Act—alongside drugs like heroin and LSD—individual states are taking action on their own. A Schedule I drug is one that has no currently accepted medical use, yet 28 states and the District of Columbia have created legal medical marijuana programs. Following this year’s general election, there are even six states that have legalized recreational use of the drug.
Drug Possession Basics, Part 2: What a Person Knows
In last week’s post on this blog, we talked a little bit about the two different types of drug possession. We discussed that actual possession refers to having illegal drugs on your person or in your immediate vicinity while constructive possession refers to the presence of illegal drugs in your home or car. The difference in the two types of possession is a key point in determining whether you could face criminal consequences if a guest or passenger brings illegal drugs into your home or car, but it is not the only consideration. Your knowledge of the situation is also a factor; you cannot stop what you do not know is happening.
Knowledge of the Drug’s Presence
The Illinois Controlled Substance Act provides that it is illegal for a person to knowingly possess a prohibited substance. “Knowingly,” however, is very important part of the law. In seeking a conviction, prosecutors must prove beyond a reasonable doubt that you knew that the drugs were present, whether they were found in your car, your home, or in a purse or backpack. Depending upon the situation, proving your knowledge can be very difficult.
Drug Possession Basics, Part 1: Actual and Constructive Drug Possession
If you have ever watched the reality/documentary show COPS, you have probably heard many of the typical claims a suspect often makes when he or she is found to be in possession of what looks like illegal drugs. “That’s not mine,” “I have no idea where that came from,” or “My friend must have left that in my car.” While such excuses ring extremely hollow, there may be situations in which the driver of a vehicle is not aware that one of his or her passengers has cocaine or ecstasy in his or her possession. (Possession of up to 10 grams of marijuana was recently decriminalized in Illinois, making marijuana a less likely candidate for this type of case.) If you are a driver in such a situation, could you be responsible for the drugs your friend is carrying?
There is not a simple answer to that question. As with most areas of the law, it depends entirely on the circumstances of the situation. Important elements include where the drugs are being carried or hidden and whether you really did know that drugs were present in your car. Over the next few weeks, we will look at the factors that can affect a drug possession charge, helping you get the information you need to protect your rights.
McHenry County Man Suing Police, Alleging Illegal Search
According to the Fourth Amendment to the U.S. Constitution, all American citizens have the right to be free from unreasonable search and seizures conducted by the government—generally in the form of law enforcement officers. Since the amendment was ratified—along with the other nine amendments that comprise the Bill of Rights—in 1791, what constitutes “unreasonable searches and seizures” have been constant issues in the American court system. The issue is now being raised again by a man from McHenry County who was arrested following a search that found 17 pounds of marijuana in his vehicle, as he has filed a federal lawsuit alleging the search was illegal and that officers on the scene falsified their reports to justify the warrantless search.
Search, Arrest, and Charges
In late August, a 31-year-old man was pulled over in Woodstock for an expired registration. According to reports, the officer asked the driver if he would wait and allow a drug-sniffing dog to sniff around the vehicle. The man reportedly refused, yet the officer told the driver that he could not yet leave. A second officer arrived with the dog and the dog was run around the car. The dog indicated the presence of drugs and the police found a duffel bag containing about 17 pounds of marijuana in the trunk.
Probable Cause and Search Warrants in Illinois
A large number of criminal cases—particularly those involving illicit drugs or illegal firearms—hinge on the evidence seized by law enforcement during searches. A police search of your property, including your home or car, with very few exceptions, requires one of two things: your voluntary consent or a properly obtained search warrant issued by a judge. It is almost never a good idea for you to allow a warrantless search of your property to proceed. At the same time, if the police have obtained a search warrant, you must be careful not to interfere with the search.
How Is a Search Warrant Issued?
According to the Illinois Constitution and Criminal Code, a search warrant can be issued by a judge on the basis of probable cause. Unlike many other states, Illinois allows a warrant to be issued “upon the written complaint of any person under oath or affirmation.” This means that a judge does not need to wait for a sworn affidavit from a law enforcement officer. Any private citizen can provide a sworn statement that identifies the person and/or place that should be searched and things that should be seized.
Police Cannot Search Your Cell Phone Without a Warrant
When you think of a police search, you may picture law enforcement officers going through your personal belongings looking for illegal drugs, unlicensed firearms, and other evidence that could be used against you in a criminal proceeding. This scenario is certainly one type of police search, and one that generally requires a warrant or your express permission, but there are other types of searches as well.
An Important Question
One of these is a type of search that our founding fathers could never have foreseen when drafting the Fourth Amendment to the U.S. Constitution, as it involves modern digital technology. Thus, two years ago, the U.S. Supreme Court was tasked with determining whether the search of a person’s cell phone constitutes a search as defined by the Fourth Amendment and whether a warrant in necessary to allow such a search.
Drug Sniffing Dogs and Your Fourth Amendment Rights
Most criminal charges related to drug possession and other drug crimes are largely based on the evidence found by law enforcement during a search of a suspect’s property—often a home or vehicle. The United States Constitution, however, places very strict limits on how and when law enforcement officers may conduct such searches so that the Fourth Amendment rights of the suspect are not compromised. In most cases, the police must obtain a warrant from a judge authorizing the search based on probable cause that the search will yield useful evidence, illegal weapons, or drugs. The other alternative is for the suspect to allow the search when requested, though granting such permission is not often a good idea.
As police investigatory techniques evolve, controversies often arise regarding whether creative procedures place a citizen’s constitutional rights in jeaopardy. Such was the issue before the United States Supreme Court several years ago as it considered the constitutionality of the use of drug-sniffing dogs on a suspect’s property before obtaining a search warrant.
Breathalyzer Science: How Reliable Are Breathalyzer Tests in DUI Cases?
The moment a driver is pulled over for suspicion of driving under the influence, he or she is often faced with a series of field and sobriety tests—including blood-alcohol content (BAC) tests—that ultimately help determine their fate in a court of law. Whatever the outcome, the driver found guilty of a DUI offense faces everything from the loss of driving privileges and serious prison time to hefty fines and community service. Depending on the severity of the conviction, the driver’s life can be affected for months, and even years following the DUI arrest.
The Science Behind the Breathalyzer
When so much rests on the results of sobriety tests, it is understandable that the reliability of such tests are questioned and challenged. So, just how reliable are breathalyzers? How do they work, and can they be trusted? In short, a breathalyzer is a modified infrared radiation spectrometer. That is a fancy term for a device that measures the absorption of organic compounds in the blood stream - in this case, alcohol. When you blow into a breathalyzer, the alcohol that is in your blood transfers through to your breath, and the device calibrates to read the concentration of alcohol in your system.
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