Posted on July 07, 2015 in Criminal Law

Summer is well underway and that means many Illinois citizens will be enjoying a multitude of outdoor activities. One of the more popular activities is boating. However, it is important to be aware of three new boating laws that went into effect this year. The goals of the new laws are to help promote boater safety and decrease the number of deaths and injuries which occur each year on Illinois waterways. Of particular focus to marine law enforcement is the crackdown on boat operators who drink and drive.

Illinois Senate Bill 3434 - Operating Under the Influence (OUI) went into effect on January 1^st of this year. This law allows the state to seize a person’s boat or other vessel if that operator is engaging in certain criminal offenses. One of those offenses that this law takes harsh action against is operating under the influence of drugs and alcohol. The penalties for driving a boat with a blood alcohol content (BAC) level over the legal limit of .08 are now similar to those penalties for driving a vehicle with an illegal BAC level.

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 Posted on June 26, 2015 in Drug Crimes

It is estimated that annually, drug and alcohol abuse by citizens costs society upwards of $100 billion dollars. This total includes treatment, healthcare, accidental death, injury, and law enforcement costs. In each state, there are laws at both the state and federal level that are intended to combat the prevalence of drug crime by prohibiting the possession, production, and dispersal of illegal drugs.

In Illinois, illegal drugs can include both organic and manufactured substances such as marijuana, cocaine, ecstasy, among others. Generally, federal charges are reserved for drug crimes such as trafficking or possession and, or intent to distribute large quantities of illegal substances. Federal charges typically come with the potential for longer prison sentences and stiffer penalties than those of state charges. Charges at the state level are more commonly for possession of smaller quantities of illegal substances and, or paraphernalia.

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 Posted on June 19, 2015 in DUI

The state of Illinois has a very strict set of rules when it comes to punishing those who drink and drive. The punishments associated with a DUI reflect how seriously the state handles such matters. Illinois has a zero-tolerance policy for drivers under the age of 21 caught driving under the influence. Any alcohol in their system is grounds for criminal charges.

Illinois Implied Consent Law

Illinois, like many states, has an implied consent law, which allows officers to test drivers they suspect of driving under the influence with breath, urine, or other tests in order to determine whether or not they are in violation of the law. When drivers apply for their driver’s license, they give consent to field such tests to determine impairment. Refusing to take such tests can result in a variety of penalties, including fines and the automatic suspension of a driver’s license.

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 Posted on June 12, 2015 in Drug Crimes

A 24-year-old New Lenox man recently shared the experience he had involving a new designer drug – which authorities describe as "deadly – a drug that the man had no idea he was taking. The drug caused the man to black out and suffer from a psychotic episode. He and his family described how he became violent and even ran around his neighborhood naked. The man had no recollection of any of what happened, including being arrested, until three days later when he woke up in a jail cell.

The drug, officially called Alpha-PVP, is referred to as "flakka" or "gravel." It is a second-generation bath salt, coming in the form of crystals which can be eaten, injected, snorted, or vaporized. Reports are that flakka is more addictive than both crack cocaine and crystal meth. The drug is produced in China and began first appearing in the Southern Florida area. However, there are reports of it appearing in the Chicago area and elsewhere in the country, including Texas and Ohio, causing the hospitalization of at least 20 victims per day, and being blamed for almost a dozen deaths.

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 Posted on June 05, 2015 in Drug Crimes

There is a heroin epidemic that is gripping the nation, and Illinois has been as deeply affected by it as any other state. Some Illinois officials are saying the epidemic should be labeled a "medical emergency," with over 1,000 lives lost over the last three years. One county has seen a 200 percent increase in heroin overdoses in a four year period.

With so many people dying from drugs, a previously rarely-used law now appears to be gaining popularity among law enforcement and prosecutors, leaving many to question just how is this new legal trend helping those that need it the most – the addicts.

The provision under Illinois law regarding drug-induced homicide allows for the prosecution of anyone who delivers a drug to another individual if individual ends up dying from the use of that drug. The original intent of the law was to create an additional avenue of prosecution against drug dealers; however, there are several different legal interpretations of what "delivery" of the drug means. There does not have to be an exchange of currency or other item that would constitute a sale of the drug. One person simply handing the other person the drug – such as two friends who are doing the drugs together – constitutes a delivery under the law.

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 Posted on May 27, 2015 in Criminal Law

 Criminal charges can leave a serious wake of permanent damage in their path. Consequences, if a person is convicted of criminal charges, can range from probation to incarceration and, or fines. Even something as seemingly minor as a traffic infraction can default to a driver’s license suspension if not handled properly.

The justice system has diverse resources to utilize to prosecute individuals charged with criminal offenses, and will often advocate for maximum sentencing and fines for convicted offenders. Those who have been charged with a crime should be aware that there are options available to obtain a competent defense that can protect their personal rights and freedoms as citizens of the United States.

Regardless of the crime committed, all individuals contending with criminal investigations or charges should be aware of these five essential tips regarding their rights:

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 Posted on May 19, 2015 in Criminal Law

The "eye test" is a common field sobriety test that is conducted by law enforcement during DUI stops in Illinois. The official name of the test is the Horizontal Gaze Nystagmus (HGN). If the officer has any suspicion that you may have been drinking, he will usually conduct an HGN test. However, the test has many different steps and specific procedures. If the test is not performed exactly as standardized, or if  the officer combines steps, omit portions of the exam or perform the test too quickly, the results may be invalid.

There are several different versions of the HGN test. These include observing your eye movement patterns with use of a stimulus held about twelve inches from your face and moving the stimulus:

• From side to side;
• Up and down;
• Around the eyes; and

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 Posted on May 12, 2015 in Criminal Law

Technically speaking, you are not given your Miranda Rights by having them read to you; you already have your Miranda Rights as a U.S. citizen. The term Miranda Rights has its origins in a 1966 U.S. Supreme Court Case known as Miranda v. Arizona. The court’s ruling gives anyone in police custody or facing potential criminal charges to be advised of their right against self-incrimination. The right to be protected against self-incrimination is also an element of the 5th Amendment of the U.S. Constitution.

If you are taken into police custody, what you are required to be given is a Miranda warning about those rights. The Miranda warning must include the following information:

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 Posted on May 05, 2015 in DUI

Patrol car video cameras are utilized by some, but not all, police departments in Illinois. Each law enforcement locality determines which patrol cars it will equip with video cameras. Many times, there is limited deployment of this resource due to a lack of public funding for video technology in law enforcement vehicles. However, when there is patrol car footage available from a DUI stop, it can prove invaluable in some defenses.

Video can be a great equalizer. It can provide people who have never met each other the opportunity to see each other speak and to hear what each person sounds like. In the case of television and movies, video provides entertainment in the form of seeing and hearing how actors navigate their roles and storylines. In the case of a DUI stop, video can offer courtroom viewers the opportunity to see and hear how both the police officer and the defendant behaved during the time period in question.

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 Posted on April 28, 2015 in DUI

Being stopped for a suspected DUI is always a stressful situation, with the potential for a diverse array of unfortunate consequences. One of these consequences, if you are arrested for DUI in Illinois, is a suspension of driving privileges.

A driving suspension for DUI in Illinois means that you are prohibited from operating a motor vehicle anywhere in the state. If you are caught driving on a suspended license, you will face criminal charges. Often, these will be felony level charges, with substantial penalties.

When you are arrested for DUI in Illinois, the arresting officer will give you a notice of statutory summary suspension. You should receive a copy of the notice during your arrest and there are two additional copies that go into the state system. One copy will go to the clerk’s office in the county where you were apprehended, in the jurisdiction where your case will be heard. The other copy will be sent to the Illinois Secretary of State.

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