Recent Blog Posts
Proposed Illinois Bill Would Allow Students to Use Medical Marijuana at School
Last week, an Illinois House panel called The House Elementary Education Committee unanimously approved legislation which would allow school children to consume medical marijuana in school. The proposed legislation would allow a parent or legal guardian to administer infused medical marijuana on school grounds and in school-owned transportation.
Medical Marijuana Prevents Student’s Seizures
House Bill 4870 was largely influenced by a lawsuit brought by parents of a child who has seizures. The girl suffers from seizures after undergoing chemotherapy treatment, and medical marijuana is the only medication which effectively controls them. The parents sued the school because they were not allowed to change their daughter’s medical marijuana patch or administer medical marijuana oil under her tongue on school grounds. As the law currently stands, a school nurse could lose his or her license if they administered medical marijuana to a student – even if the student has a valid medical marijuana card. Although it is unlikely, the student and her parents could face criminal prosecution for sending the girl to school with a medical marijuana patch. Advocates of the bill say that this is unacceptable.
Illinois Gun Ownership Laws
The tragic events that took place at Marjory Stoneman Douglas High School last month shocked the public. It is one of many school shootings which have rocked the public’s sense of safety in recent years. The shooting, which left 17 victims dead, has ignited the controversy regarding gun laws arguably more than any previous event. It is important now more than ever that all citizens understand the rights and responsibilities of those who choose to purchase a gun.
What is Required to Purchase a Gun in Illinois?
If an Illinois resident wishes to possess a firearm, he or she must obtain a Firearm Owner’s Identification (FOID) card. These cards are issued by the Illinois State Police to applicants who meet certain requirements. There are some instances in which a person will not be allowed to get a FOID card. Specifically, an applicant will not be eligible for a FOID card if he or she:
I Have Been Arrested on Shoplifting Charges, Now What?
The National Association for Shoplifting Prevention reports that over 10 million people have been caught shoplifting in the last five years. Even more surprising, they estimate that about one out of every 11 people in the U.S have shoplifted. Many people consider shoplifting to be "no big deal" or even see it as a rite of passage for young people. The truth is that retail theft is a crime, and depending on the circumstances, can result in serious criminal penalties.
What is Considered Shoplifting?
The most common example of shoplifting occurs when a person attempts to take merchandise from a store without paying for it. He or she may hide the items in a coat or bag while shopping and then attempt to leave the store without paying for those items. Often, a loss prevention officer (LPO), or an employee who is tasked with preventing shoplifting, confronts the person attempting to steal from the store.
Common Misperceptions Regarding Illinois Marijuana Laws
Marijuana laws in the United States are changing rapidly. Currently, Washington D.C and eight states have legalized the sale and possession of marijuana for recreational purposes while many others, including Illinois, allow the consumption of cannabis as treatment for certain medical conditions. In Illinois, it is still illegal for those without a medical marijuana registration card to possess, purchase, use, or sell marijuana. There are many myths regarding marijuana and its legality which Illinois citizens should be aware of.
Myth 1: It Is Legal to Drive Under the Influence of Marijuana If You Are a Registered Medical User
Some people think that if they are in a state where recreational marijuana is legal or they have their medical marijuana ID card that they are able to smoke marijuana in a car. This is absolutely not the case. Although there has been considerably less research about the effects of marijuana use on driving abilities than the effects of alcohol impairment, it is still considered dangerous and reckless to drive under the influence of cannabis. [BW1]
What You Need to Know About Credit Card Fraud
Not all crimes are violent in nature, but they can still have serious consequences for those found guilty of committing them. Financial crimes such as advertising scams, internet fraud, and fraudulent credit card charges can damage a person’s credit score and negatively affect businesses. Many people who open their bank account or wallet only to realize they have been stolen from ask the same question, "Who must pay for fraudulent charges?"
Credit Card Fraud in Illinois
There are several Illinois state and federal consumer laws that address credit card theft. Credit card payments processed by Visa, MasterCard, American Express and Discover are subject to a "zero liability" policy. This means that the owner of a credit card which is compromised is not held responsible for any fraudulent charges. Fortunately, consumers do not have to pay for charges which they did not make, but they do have a responsibility to tell their credit card company about the fraudulent charges as soon as they find them.
Opioid Crisis May Be Contributing to an Increase in Murders
Recreational use of opioids like heroin, fentanyl, oxycodone, hydrocodone, codeine, and morphine has become more popular than ever. These highly addictive drugs are designed to fight extreme pain, but many people either use them recreationally or become addicted and eventually need the drugs to simply feel normal.
It is a vicious cycle. Many of those who become addicted start off using prescribed pain pills but when the prescription runs out, they turn to buying the pills illegally. Others find that pills are not effective or available and turn to heroin for relief. Heroin is especially dangerous because it is often mixed with fentanyl, which is up to 100 times more potent than morphine and many times that of heroin. The combination of easy access to the drugs, the prevalence of fentanyl-laced heroin, and the extremely addictive nature of these substances have dramatically increased the number of people who die from overdose. Of the 64,000 reported drug overdose deaths in 2016, two-thirds were linked to opioids. This represents an increase in drug overdose deaths of over 20 percent since 2015.
Illinois Police Mistake Pistachio Shells for Marijuana
An Illinois woman is facing possible felony drug charges after police officers found a bottle of the painkiller tramadol in her coat pocket. The 59-year-old woman does actually have a prescription for the type of pills found by police, but she has been charged with possession of a controlled substance that had been prescribed to one of her relatives. What makes this story unique is the way in which the pills were discovered.
Unreasonable Searches and Seizures
The pills were only discovered after police searched the woman’s car. The Fourth Amendment to the U.S. Constitution protects gives citizens the right to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, police must have a warrant to search a home, but motor vehicles are different. A police office must only have "probable cause" to search a vehicle. Probably cause means that the officers must have reason to believe that evidence of a crime or illegal items will be found in the car. However, there are not clear answers as to what counts as probable cause. Of course, illegal items such as drugs, drug paraphernalia, stolen goods, or weapons in plain sight usually constitute probable cause, but officers do not have to physically see contraband in order to be authorized to search the vehicle. In 1985, the Illinois Supreme Court approved car searches if the police officer claimed to be able to smell marijuana in the car.
Unusual DUI Cases
Sometimes, unusual circumstances leading to drunk driving arrests sound more like movies than real life. Alcohol is often a factor in thrill-seeking or risky behavior. Those who drink to excess are generally less inhibited than a sober person would be. The consumption of alcohol—especially in large quantaties—releases the feel-good hormone dopamine. When a drinker’s brain is flooded with dopamine, the drinker begins to have trouble discerning what is a good decision and what is a bad decision. This leads many people to do or say things while they are drinking that they would not do or say while sober.
The false confidence which alcohol can give users is one reason why many drinkers choose to drive when they are incapacitated. Many who are arrested for drinking under the influence (DUI) got behind the wheel because they greatly underestimated their inebriation. Such a mistake can cost a person severely.
New Illinois Law for DUI Causing a Death
By now, virtually every motorist knows that the consequences for driving under the influence (DUI) can be severe. In addition to stiff criminal penalties, drinking and driving can result in injury or death to the driver, passengers, other motorists, and pedestrians. Tragically, 10,265 people died in alcohol-impaired driving crashes in 2015, the most recent year for which statistics are available. Accidents involving drunk driving account for nearly one-third (29%) of all traffic-related deaths in the United States.
In most cases involving DUI, prosecutors only have a certain amount of time in which to file formal charges. This is known as the statute of limitations. For a misdemeanor DUI offense, the statute of limitations gives authorities 18 months to take action. If the charge is a felony, prosecutors usually have three years from the date of the incident.
A new law, however, recently eliminated the statute of limitations for a felony DUI that causes a fatality. This means that if a person drinks and drives and causes an accident that results in at least one death, he or she can be prosecuted at any time. The three-year limitation will still apply to other felony DUI charges. House Bill 3084 passed both the Illinois House and Senate and became law late last year. The measure went into effect on January 1, 2018.
The Importance of Due Process in the Internet Age
The internet has changed the world in arguably more ways than any other invention in human history. At the click of a button, we have the ability to share our thoughts and beliefs across the globe. We can access the wealth of global knowledge on our cell phone. While the advances made because of the internet are astounding, there are a few downsides to being constantly connected to the rest of the world, especially as they relate to allegations of illegal activity.
Recently, a multitude of men and woman have come forward to accuse others—mostly high-profile individuals—of sexual harassment, sexual assault, and even rape. The public’s response to these allegations has been intense. While it is understandable that many people have emotional reactions to news involving terrible crimes, it is a mistake to automatically assume that any person accused of a crime is guilty.


