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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 Posted on April 21, 2015 in Drug Crimes

In Illinois, there are different felonies related to drug crimes. A felony drug conviction involving controlled substances can result in serious consequences and significant jail time. Some of the potential charges include:

Possession With Intent To Deliver

The charge of possession with intent to deliver generally indicates that law enforcement seized or discovered an amount of an illegal substance or substances so large that there is implied intent to sell or distribute.

Delivery Of A Controlled Substance

The charge of delivery of a controlled substance results when a person is suspected of giving a controlled substance to another person.

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 Posted on April 14, 2015 in Expungement

If you have ever been arrested and fingerprinted in Illinois or any other state, you have an arrest record. Until it is expunged or sealed, the record is viewable to the public. Many clients come to us seeking help with reviewing their criminal record history and determining their eligibility for expungement or sealing. Such action can help many clients pursue and obtain employment, housing, and other privileges.

Expungement and Sealing in Illinois

The expungement or sealing of your criminal record does not happen automatically. Someone must petition the court for an order that directs the clerk’s office and law enforcement to destroy or seal the criminal records in question. While the Criminal Identification Act governs the process, each county has its own procedures that must be strictly followed or the petition may be denied on a procedural issue.

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 Posted on April 07, 2015 in Criminal Law

Mobile devices and smartphones are so common that it feels like they have always been a part of our lives. It may be hard to believe, but most people in North America have only been using some type of mobile, cellular device for roughly the last twenty years. Regardless of whether your device is a base model cellular phone or the latest smartphone, there is an abundance of information about you, your contacts and your activities stored within the device.

A recent criminal case in California regarding the warrantless seizure of a cellphone was appealed and heard eventually by the  U.S. Supreme Court. This lead to the Court affirming its position on the unique distinction smartphones and cellular phones deserve as devices with significant data and personal information storage records. As such, law enforcement is required to obtain a search warrant before searching a suspect’s mobile device.

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