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Recent Blog Posts
Freedom
The U.S. government estimates that about two-thirds of county jail inmates are simply awaiting trial, and the annual cost for this pretrial detention in criminal cases is about $6 billion. These numbers suggest that some defense lawyers may not be as aggressive as possible when seeking pretrial release. But remaining in custody prior to trial is a serious disadvantage.
From a legal perspective, many jurors assume that defendants who are incarcerated did something “wrong,” and so they are more willing to believe the prosecutors’ version of events. From a practical standpoint, defendants cannot work to support their families, spend time with their children, and assist in their own defense if they are behind bars.
The Law
In very succinct words, the Eighth Amendment to the United States Constitution states that “Excessive bail shall not be required.” Basically, there are two policy goals in this provision: the assurance of the defendant’s appearance at trial and the safety of the community at large. This dynamic suggests that pretrial release should be rather routine in most misdemeanors and many felonies, but as one of this author’s law school professors once pointed out, you don’t get anything unless you ask.
Illinois State Police Encourages Drivers to Avoid the Fatal Four
We are in the middle of the holiday season, and that often means more drivers on the roads. It also means office parties, family get-togethers, and special events that can amp up our propensity to drink, speed, or attempt to do too much all at once. Illinois State Police officers are encouraging everyone to stay safe, think twice, and avoid the fatal four moving violations: drinking and driving, speeding, forgetting seatbelts, and being a distracted driver.
Drinking and Driving (DUI)
It is difficult to find a holiday event without some form of alcohol. State officers expect and understand as much. What they will not allow is for you to have a few drinks and then get behind the wheel of a car – not without giving you a moving violation for driving while under the influence.
Alcohol consumption slows down your ability to react, impairs the fine motor skills needed to safely operate a vehicle, and can alter your perception of time and spice. It can also alter your visual abilities. Mesh all of this together with nighttime driving or extra drivers on the road, and you become potentially fatal to yourself and everyone around you. Keep everyone safe by ensuring you have a sober driver.
Medicinal Marijuana Users and the Risk of a DUI
The state of Illinois has issued 3,300 medical marijuana licenses to residents, and several medical dispensaries have opened up in suburban areas. But does a license to use free you from charges for driving under the influence? Right now, the answer is a bit hazy.
DUI Charges for Users Without a Registration Card
For marijuana users without a state-approved registration card, the law is clear: any trace of the drug in your system is grounds for charging you with a DUI. For registered users, the law is less clear. While driving the influence of any substance is dangerous, traces of marijuana can stay within a person’s system for days, or even weeks. This can make it very difficult to say if and when a licensed user is safe to drive. State legislators are hoping to set a legal limit, but to date, they have been unsuccessful.
Alcohol’s Effect on People as They Age May Increase Risk of DUI
In Illinois, just as in most states, a blood alcohol concentration (BAC) level of .08 or more is considered driving under the influence according to the law. However, even a BAC of under .08 can result in DUI charges if other aspects of a person’s behavior indicates they may be under the influence of alcohol.
Recent studies have revealed that as a person gets older, the effects of alcohol may become stronger. Where once that second or third glass of wine may have not had any effect, once a person hits 50 years of age, they now feel tipsy after that second glass.
The reasons for this are due to the physical changes that take place as we age. One reason has to do with the fact that as we age, our bodies have less water content and we also have less muscle mass. Another reason is that our bodies no longer produce a certain enzyme that breaks down the effect alcohol has. This results in often taking longer for that glass of wine to break down, leaving a more concentrated amount of alcohol in the blood. Because of the these changes in the body, older adults should be especially aware of any changes in how alcohol affects them, especially since it can result in a DUI arrest.
Illinois Medical Marijuana Pilot Program Finally Begins
It has taken two years, but the state’s medical marijuana program finally got underway this month when six medical marijuana stores opened their doors. The four-year pilot program is expected to eventually have approximately 60 medical marijuana dispensaries to service the anticipated 100,000 people who will be approved. Currently, however, the state has only issued 3,300 medical marijuana cards.
There are stringent rules for medical marijuana stores under which they must operate. These establishments are required to be a minimum of 1,000 feet from any daycare centers or school zones. As a result, many of the stores are actually located in industrial parks.
Employees of the stores are referred to as "bud tenders" and they work with patients to determine which type of cannabis will be the right one for the patient’s symptoms. There are two types – indica and sativa. Indica creates a relaxing effect on its user and is a better sleep aid and pain reliever than sativa. Sativa provides more of an energetic and euphoric feeling.
The Right to Due Process
According to the United States Constitution, every citizen has the right of due process. In fact, the right of due process is contained in two of the amendments in the Bill of Rights.
Under the Fifth Amendment, it is written that no person shall be "deprived of life, liberty or property without due process of law." This amendment addresses a person’s rights under federal law. In addition to due process, it also gives a person the right to protect themselves against self-incrimination; it protects a person from double jeopardy – being tried more a second time once a person has been found not guilty;
The Fourteenth Amendment uses those same words to describe the Due Process Clause. This amendment addresses a person’s rights under state law. It basically guarantees that everyone has equal protections under the law. Specifically, it forbids states to segregate schools or engage in any other discriminatory practices.
A Mistake-Free Future?
For millions of people, the sting of a criminal conviction lasts far beyond the period of incarceration or probation. A tainted record creates a multitude of hurdles in many situations, such as finding a job, finding a place to live, pursuing certain professional occupations, voting in elections, and carrying a firearm. Fortunately, because of some updates that took effect this year, Illinois has one of the more liberal expungement laws in the country, meaning that more people can put their pasts behind them and move on with their lives.
Eligibility
The Criminal Identification Act is essentially designed to effectively rehabilitate first-time offenders. So, in most cases, persons with prior convictions are ineligible for expungement. That being said, some veterans who were convicted of some Class 3 or Class 4 felonies may be eligible.
Test Anxiety
The breath or blood chemical test is usually the primary evidence in a DUI prosecution. But if such evidence is unavailable, typically because the accused exercised his or her right to refuse to provide a sample, the prosecution must normally rely on field tests.
Under the theory that "more is better," many officers employ a wide range of tests: reciting a portion of the alphabet, counting backwards from one number to another one, and even trick questions like "what was the year of your second birthday?"
However, there are only three field tests that are approved by the National Highway Safety Administration for use in these situations. And, each one is flawed in its own way.
Horizontal Gaze Nystagmus
This test, which has been around since the 1970s, measures involuntary muscle movements in the eye. Typically, subjects are asked to follow a specific point with their eyes, like the tip of a pin or flashlight bulb, without moving their heads. If there are four or more "clues" between the two eyes, there is about a 77 percent chance that the subject is intoxicated.
Could Illinois Budget Crisis End Up Affecting DUI Arrest Evidence?
The state of Illinois has been dealing with a financial crisis for the past four months, with lawmakers gridlocked on passing a new state budget. So far, many state agencies and non-profits that rely on funding from the state have been unaffected and are still receiving those funds. However, there are programs which are beginning to feel the sting of the budget impasse, which could eventually trickle down and affect the general public.
One of the areas that are feeling the brunt of lawmakers’ inability to pass a new budget is law enforcement training. A recent statement by the director of Southern Illinois Criminal Justice Training announced the cancellation of approximately half of the certification courses which police academy graduates attend. After November 1st, these classes will be on hold until further notice.
Ticky-Tack
A federal judge in neighboring Iowa recently upheld an officer’s stop in a drug case, even though the defendant was travelling a mere 1mph above the speed limit and the officers admitted that the stop was only a pretext for arrest. Fortunately, the case is not yet binding precedent in Illinois.
The Case
In United States v. Fuehrer, deputy sheriffs in Dubuque had been essentially spying on the defendant for quite some time. When they learned that he would be travelling along Highway 151, the deputies set up a radar speed trap; one of them clocked the defendant at 66mph in a 65mph zone. Probably because it had been pre-arranged, a drug-sniffing dog was on the scene a mere two minutes after the flashing lights appeared. The dog detected methamphetamines, the defendant was arrested for possession of drugs, and his lawyer filed a motion to suppress the evidence.
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