A recent Illinois Appellate Court decision in People v. Neal, No. 1-09-2814 (June 29, 2011) Cook Co., 3d Div. is just another example of the current eroding of the Fourth Amendment. A Chicago Police Officer detains a man who is out on the yelling “blows”. He never sees the defendant with any drugs or money [...]
Read More delivery of a controlled substance, drugs, felony, first amendment, Fourth Amendment, heroin, PCS, possession of a controlled substance, probable cause, search and seizureProsecuting a DUI case based on drugs can be much more difficult for the State to prove than a DUI based on alcohol use if the driver refuses to take chemical tests. The law states that if a person has any amount of drugs in their system while driving they are guilty of dui. But [...]
Read More Aggravated DUI, cannabis, cocaine, drugs, DUI, DUI based on drugs, narcoticsThere are many collateral consequences involved when someone is charged with a criminal offense that many people do not give appropriate consideration to when handling their case. What is a collateral consequence? It is any consequence of the criminal charge outside the court consequences, which I will call direct consequences. An example of a direct [...]
Read More Aggravated DUI, court supervision, defense attorney, deportation, Domestic Battery, domestic violence, driving on a supsended license, drugs, DUI, DUI blood draw, DUI conviction, misdemeanorInteresting article in the Tribune today detailing how drug sniffing dogs are not always correct in alerting for drugs on a traffic stop. See http://www.chicagotribune.com/news/local/ct-met-canine-officers-20110105,0,6649157,full.story This is certainly an alarming problem because the Supreme Court has stated that the police can have a drug sniffing dog sniff the outside of a car on a traffic [...]
Read More Aggravated DUI, drug sniffing dogs, drugs, DUI, Fourth Amendment, narcotics, racial profiling, traffic stopThe next court date for a criminal defendant charged with a misdemeanor offense is generally a status date for the defendant to have his defense attorney file an appearance and request any evidence in the case that the State will be using against the defendant. If the case is going to result in a plea [...]
Read More arraignment, Domestic Battery, drugs, felony, grand jury, indictment, misdemeanor, preliminary hearing, probable cause, true billIt is hard to debate the merits of the new Illinois law that bans texting while driving. Sure we all have done it, but it is hard to argue that it is not dangerous. Certainly texting distracts drivers to the point of creating a real danger on the road for all of us. However, does [...]
Read More drugs, DUI, texting while driving