Posted on October 01, 2014 in Criminal Defense

Last year, Illinois Governor Pat Quinn signed legislation adding Illinois to the list of 12 states around the country that allow applicants for government sector jobs to apply for employment without having to disclose previous felony convictions. Recently, he also signed legislation sent to him by the Illinois General Assembly, which extends this new civil rights protection to workers in the private sector as well. Illinois has now become the 5th state in the country that requires both government and private employers to remove mandatory pre-interview job screening questions that relate to previous criminal convictions. The law is set to take effect in January, 2015.

After the initial application though, employers may still be able to ask about criminal histories. Because of this, if you have a previous criminal record, it may be in your best interests to consider the process of expungement to clear your name.

Continue Reading ››

 Posted on September 29, 2014 in Criminal Defense

The Racketeer Influenced and Corrupt Organizations Act, (or RICO), part of the Organized Crime Control Act of 1970, changed the way federal officials prosecute criminal organizations.  In 2012, Illinois passed the state Street Gang RICO Act designed to empower local and state officials to round up suspected gang members en masse and charge them as members of criminal organizations.

What is RICO?

The Street Gang RICO Act is written to prosecute people involved in a pattern of activity described as criminal, which ranges from drug offenses and prostitution to gun crimes, robbery and murder. Criminal conspiracy convictions carry up to 30 years in prison and fines can reach as much as $250,000.

One of the more controversial parts of the law, originally designed to break up the mafia and organized crime organizations, allows coordination between federal and local law enforcement in the process of investigation and conviction. A person or enterprise can be convicted of charges for racketeering in any territory of the U.S. Those prosecuted successfully not only face fines and imprisonment, however, but also asset forfeiture in the most controversial aspects of sentencing.

Continue Reading ››

 Posted on September 19, 2014 in Criminal Defense

Legislation expanding Illinois’ convicts’ right to challenge convictions based on DNA testing has moved forward in the state this year. The statute that passed through the Illinois State Senate and House in the spring has just been signed by Governor Quinn.

The move by the state is part of a national trend in the last several years as the technology associated with DNA testing has improved, combined with a growing awareness in the legal community that the conviction of innocents is a problem that cannot be ignored by the American justice system. Additional technical assistance is available to both accused individuals and those who represent them via the National Institute of Justice.

Innocent People Often Plead Guilty to Avoid Harsher Sentences

Continue Reading ››

 Posted on September 16, 2014 in Criminal Defense

As of this summer, after Governor Pat Quinn signed new legislation, all Illinois Enforcement Agencies are prohibited from using ticket quotas to guide the issuance of traffic tickets and citations.

Quinn’s statements when signing the bill demonstrate that he supports the right of police officers to have discretion regarding when and where to issue traffic tickets, and that these officers should not be required to issue tickets solely to satisfy a ticket quota system.

Specifics of the Law

The law does not just affect traffic violations, but rather impacts all local, county or state departments from requiring a quota system in any area where they are tasked to maintain the law – from hunting and fishing violations to issuances of tickets under Illinois’ marijuana drug laws. Furthermore, tickets issued may not be used to evaluate an officer’s job performance.

Continue Reading ››

 Posted on September 11, 2014 in Criminal Defense

While the topic of medical marijuana in Illinois this year is a popular issue, those who qualify as patients and those who care for them are increasingly being placed in a very strange and often no-win situation in the gaps between federal and state law.

Lack of Privacy Rights

One of the most problematic issues, from a federal perspective on the topic, is precisely the area where patients’ rights to privacy clash with concerns over regulation and law enforcement.    Where these protections fail, Illinois medical users can easily find themselves facing criminal prosecution for (at minimum) possession, if not use.

Most of the lack of protections for patients on this topic involve a failure of federal civil rights protections, particularly in situations that revolve around medical privacy and access. That said, the so-called “medical exception” to marijuana on the federal level (at the Supreme Court in the last decade) may change sooner rather than later by either case-setting precedent or federal legislative mandate, particularly after the elections in the fall. It is widely expected that changing state rules on the issue will begin to impact federal legislators more directly as at least three more states (Alaska, Oregon and Florida) are expected to vote in the fall for expanded medical and recreational use.

Continue Reading ››

 Posted on September 09, 2014 in Criminal Defense

With violence erupting across the nation in response to Michael Brown’s controversial death in Ferguson, Missouri, protesters are continuing to take matters into their own hands. What began as a solemn candlelight vigil for Brown on August 9, 2014, has since escalated into violence, landing hundreds of protesters in jails across the nation. Despite federal law enforcement intervention, the arrest rates have only continued to increase. Resisting and obstructing officers, obstructing justice, and refusing to disperse are among the many unlawful actions protesters resorted to in the face of police intervention.

Though the demonstrations supporting Brown’s cause have yet to reach Illinois, the issues surrounding the arrests are relevant to citizens here and everywhere. In many situations, there is a fine line between obstructing an officer, obstructing justice, committing a violent crime, or simply acting within your legal rights.

Continue Reading ››

 Posted on September 04, 2014 in Criminal Defense

Katz v. United States established a precedent in terms of the concept of “search,” providing that an individual in America (at least circa 1967) had the right to an expectation of privacy that society is prepared to recognize as reasonable, therefore upholding the defendant's Fourth Amendment rights.

The problem is that society is no longer sure itself.

The standard set by Katz, that “What a person knowingly exposes to the public even in his own home or office, is not a subject of Fourth Amendment protection,” seems to create a very clear standard, at least with today’s hindsight, that nothing sent by email, or discussed on the phone now meets that very basic standard. An email on a cell phone can most certainly be checked by customs officials these days in any U.S. or international airport.

Continue Reading ››

 Posted on September 02, 2014 in Criminal Defense

As of January 1, 2014, it is now legal to use medical marijuana (cannabis) in the state of Illinois. Patient registrations are about to begin. However, those who qualify under the new trial program established by the Illinois Medical Cannabis Pilot Program must go through a strict qualification process and follow established rules for both acquisition and possession to ensure that they stay within the purview of state law.

It is currently estimated that up to 10,000 Illinois residents have conditions that qualify under the statute. That said, it is extremely important that those who believe that they might qualify follow the rules as set out by the state.

Process of Qualification and Registration

Prospective patients with last names beginning with letters A through L can register in September and October. People with last names beginning M through Z can apply in November and December. Applications, according to state officials, are expected to take up to 30 days to review.

Continue Reading ››

 Posted on August 28, 2014 in Criminal Defense

We often hear about police stopping a car and discovering illegal drugs such as cocaine or marijuana.

But cigarettes?

Although legal, cigarettes are heavily taxed and regulated in Illinois and other states. In fact, it is a federal crime to sell, transport or otherwise distribute “contraband cigarettes.” In this context, “contraband” means any quantity greater than 10,000 cigarettes where there is no evidence the person in possession paid the required state and local taxes.

For example, under Illinois law, a cigarette package must contain a stamp indicating payment of the state's tax. Any cigarettes sold within Illinois borders without such a stamp is considered contraband. Thus, if a person brought a shipment of 30,000 cigarettes from Ohio to Illinois without paying Illinois tax, that would violate both state and federal law.

Continue Reading ››

 Posted on August 26, 2014 in Criminal Defense

Only a small percentage of criminal cases in the United States ever go to trial. Most criminal cases end in a defendant's guilty plea. Even a plea bargain, though, requires the assistance of an experienced criminal defense attorney because prosecutors and the courts must still respect a defendant's constitutional right to due process.

As the 7th U.S. Circuit Court of Appeals in Chicago recently explained, even a seemingly minor procedural issue can have serious due process implications. The Court determined that a defendant's guilty plea was invalid because the trial judge improperly delegated the handling of the plea to a lower official, known as a magistrate judge.

Continue Reading ››