1231 N. Ashland Avenue, Chicago, IL 60622
CALL TODAY FOR A FREE CONSULTATION
773-276-5541
Recent Blog Posts
Will County Diversion Program Honors First Graduates
Throughout the country, states and local jurisdictions have been looking for ways to help drug offenders turn away from a destructive lifestyle and toward becoming more productive members of society. Initiatives such as the Deferred Prosecution Program in Cook County have shown great promise in rehabilitating non-violent offenders while helping them avoid lengthy prison sentences and other harsh criminal penalties. This week, a program with similar goals in a neighboring county began seeing results, as Will County Adult Redeploy Illinois recognized its first graduating class.
Adult Redeploy Illinois
Created as a diversion program for non-violent offenders, Adult Redeploy Illinois (ARI) was established by legislation in 2009 based on a similar program that has been used in the Illinois juvenile justice system for a number of years. The aim of ARI is to reduce the number of offenders being sent into the state’s prison system and to ease the associated burden on taxpayers.
Plea Bargains Can Reduce Criminal Penalties
When you have been charged with a crime—especially a non-violent crime such as drug possession—a criminal defense attorney will do everything he or she can to help you avoid a conviction. In some situations, however, the circumstances and the evidence against you may simply be too much. Or perhaps you really did possess illegal drugs or otherwise committed the crime of which you have been accused. While such a situation may seem hopeless, nothing could be further from the truth. There are several options that may be available to help minimize the penalties associated with your prosecution. One of the most common ways of reducing a sentence is by reaching a plea agreement with prosecutors.
What is a Plea Bargain?
A plea bargain or plea agreement is the result of a series of negotiations between prosecutors and a criminal defendant—usually handled through his or her attorney. In many cases, the negotiations also include a judge who has the authority to approve alternative sentencing options in advance. When developing a plea agreement, prosecutors will generally offer to lessen the defendant’s sentence by reducing the number or severity of the charges against the individual. Sometimes, a plea deal will even allow the defendant to participate in deferred prosecution or other diversionary programs instead of receiving a standard conviction and sentence. In return, the defendant will usually need to plead guilty or no contest to the agreed upon charges.
Illinois Medical Marijuana Program Set to Run Through June 2020
In 2013, Illinois lawmakers—led by State Representative Lou Lang, D-Skokie—passed legislation to create an experimental medical marijuana program in the state. The Compassionate Use of Medical Cannabis Pilot Program Act was signed by then-Governor Pat Quinn so that state officials could determine the effectiveness of allowing marijuana to be used in the treatment of certain illnesses and ailments. Supporters of the program were excited by the idea that eligible patients could get relief without fear of prosecution on charges related to the possession or consumption of marijuana.
Good Intentions
As a pilot program, the initial medical marijuana measure contained a sunset clause, meaning that the law would automatically be repealed four years after it went into effect on January 1, 2014. If the program was a success, new legislation would be needed to make it permanent.
Northbrook Couple Sentenced in Shoplifting Ring Case
When you think about shoplifting, there is a good chance you picture an individual surreptitiously sneaking an item or two under his or her jacket or into a handbag. This type of retail theft certainly does occur and retailers lose billions of dollars each year to small-time shoplifters. Sometimes, however, shoplifting can be a much bigger operation—even rising to the level of organized crime. Such was the case involving a seemingly well-to-do couple living on Chicago’s North Shore, as they were recently sentenced in federal court for running a large-scale retail theft ring.
Federal Investigation
According to court records, federal authorities followed the couple as they, along with their children, embarked on a four-day, multi-state stealing spree. The couple reportedly went into stores like Toys R Us, Barnes & Noble, and Starbucks, coming out with the wife’s dress “seemingly bursting at the seams,” as she attempted to hide stolen merchandise. The husband, wife, and their eldest daughter were arrested in March of 2014. In 2015, they reached a plea agreement with federal authorities in which they admitted to stealing more than $9.5 million in merchandise over the last 12 years.
Retailer Falsely Accuses Girls of Shoplifting on Social Media
Shoplifting, along with other forms of retail theft, cost retailers billions of dollars each year. It is perfectly reasonable for retail companies to take serious measures in protecting themselves from these types of losses. Sometimes, however, overzealous store personnel can focus their attention on the wrong individuals—people who have done nothing but come into the store to shop. A recent example in the Chicago suburb of Algonquin demonstrates how problematic false accusations of shoplifting can be, especially when social media becomes involved.
Targeting a 12-Year Old
Late last month, a 12-year-old girl and her 13-year-old friend were dropped off at the Target location in Algonquin, Illinois, to do some Christmas shopping. According to reports, the girls walked around the store for about an hour and a half, and each of them bought a few things. The girls say that a little while after they made their purchases—while they were waiting for their ride—store employees began following them. The 12-year-old told news outlets that one the employees accused them of shoplifting and told them to put back the items in their bags.
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.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
