TELEPHONES ANSWERED 24 HOURS A DAY
FREE CONSULTATION
312-629-0669
Recent Blog Posts
Medical Privacy Rights and Medical Marijuana
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.
Uncooperative or Unlawful? Obstructing Officers in the Face of Disorder
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.
Is the Fourth Amendment Still Applicable in the IT Age?
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.
How to Become a Medical Marijuana Patient in Illinois
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.
Can Cigarettes be Considered Illegal Contraband under Federal Law?
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.
Defending Against Illegal Contraband Charges
Defendants Pleading Guilty Still Entitled to Due Process Rights
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.
Unfortunately, it can be common for local residents' constitutional rights to be ignored by police officers and sometimes even in court. Ensuring all of your rights are respected every step of the way is one key reason why it is imperative to secure the aid of a seasoned criminal defense attorney. Your lawyer is often the difference between facing serious punishments and getting a chance to move on with your life.
Circumstantial Evidence & Prescription Drug DUI Charges
Driving under the influence does not always require the use of alcohol or an illegal drug. Under Illinois law, a person commits a crime whenever he or she drives “under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving.” This can include prescription drugs. In fact, because prescription drugs are more difficult to chemically test on the road, courts may be more likely to convict a defendant for prescription drug DUI based on mere circumstantial evidence.
Evidence to Support a DUI Conviction in Illinois
In all DUI cases, a defense attorney will closely examine the circumstances of the police stop as well as the specific evidence collected which suggest that a driver was under the influence. In most cases the initial stop is spurred by violation of some traffic law — like weaving between lanes or speeding.
Faulty Breathalyzer Tests Lead to False DUI Convictions
All Illinois residents appreciate the dangers of drunk driving. But it is important that efforts to improve traffic safety prevent DUI-related accidents do not lead to the trampling of rights for those suspected of DUI.
In 2012, more than 10,000 people died in alcohol-related crashes in the United States, according to the National Highway Transportation Safety Administration. By NHTSA’s own estimate, that works out to one death every 51 minutes because of an alcohol-impaired driver. Given such statistics, police and prosecutors take the enforcement of drunk driving laws seriously. Yet, this also leads to an overreach, and prosecutors may be winning DUI convictions based on faulty evidence.
The problem: malfunctioning breath test machines.
A Nationwide Issue
Questions about the accuracy of breathalyzer machines have been prevalent for years, and the problem is far from solved. The same types of machines are used by police departments across the country, leading to questions about accuracy being raised nationwide.
Illinois Court Rules U-Turn Did Not Justify Police Stop
Although the Fourth Amendment prohibits “unreasonable searches” without a warrant, the courts have long held there is an exception for “reasonable” highway checkpoints where police may stop all cars in a designated area. In some cases, a motorist who intentionally avoids a roadblock may provide police with reasonable suspicion to stop and search his vehicle. But this is not always the case, as a recent Illinois appeals court decision explains.
People v. Timmsen
In December 2011, Illinois State Police operated a checkpoint at Highway 136 near a railroad crossing. The defendant was traveling down the highway when he made a legal U-turn before reaching the roadblock. State police stopped the defendant, checked his license and registration, then arrested him since his license was suspended.
Illinois Police May Search Your Luggage, Even Without a Warrant
Earlier this year, the Illinois Supreme Court drastically expanded the scope of drug searches that police may conduct without a warrant. Normally, the Fourth Amendment requires police obtain a warrant from a judge before searching a person's home or belongings. There is a long-recognized exception to this requirement for searches that take place “incident to arrest.” This exception allows police to conduct an immediate search of a person under arrest, without a warrant, to ensure he or she is not carrying weapons that might endanger the officer's safety or, alternatively, to prevent the concealment or destruction of evidence related to the arrest.
In other words, if police arrest a person for illegal drug possession, they may search the person or any area “under his immediate control” to locate evidence related to said drug possession. But what about when the person is under arrest for a non-drug-related charge? Can police still conduct a warrantless search for drugs?
134 N LaSalle St, Suite 860,
Chicago, IL 60602
TELEPHONES ANSWERED
24 HOURS A DAY
312-629-0669
Chicago Criminal Defense Attorney134 N LaSalle St, Suite 860,
Chicago, IL 60602312-629-0669
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.
