Chicago Criminal Defense Lawyers Blog

Winning  a  Petition  to  Rescind  Statutory  Summary  Suspension  hearing pursuant  625  ILCS  5/11-501.1  means  the  world to  our clients. A win prevents our  client’s privileges from  being suspended so they can  drive while they are fighting their DUI and thereafter; whether the  DUI is  for  alcohol, cannabis or other drugs. My client was involved in a car accident when he side-swiped a limousine. When the police officer arrived at the scene of the accident, he apparently smelled the odor of burnt cannabis on my client and arrested him for DUI. However, there was no evidence that my client was under the influence of alcohol or any drug while he was driving. The police officer, although, did recover a  pipe from my client and cannabis from his car. Under 625 ILCS 5/11-501.1, the given officer is required to warn the motorist that his/her license will be suspended if he/she does not take the requested chemical tests. The police officer is required to sign and read to ...

The new year will bring some pretty significant changes to the Illinois DUI laws. The changes have the support of anti-DUI activists and criminal defense attorneys.  But to get everybody on board, the law contains things that make everyone happy.  First, let’s talk about the changes which will affect the fewest number of drivers.  Here’s the changes: – If you have been convicted of 2 or more DUI’s, you will be required to have a Restrictive Driving Permit for five years before you can have a full license reinstatement. – In order to have your license reinstated, you must have a Restrictive Driving Permit (RDP) and a Breath Alcohol Ignition Interlock Device (BAID) for five continuous years. – If you have four or more DUI convictions you can apply for a RDP with the Illinois Secretary of State five years after your most recent revocation began or your most recent prison sentence ended (whichever is latest).  In order to get a Restrictive Driving Permit you must request a formal h...

How Illinois Classifies Illegal Drugs In Illinois, it is against the law to possess any amount of cocaine.   Cocaine is a powerful stimulant that is derived from the South American coca plant.  Illinois classifies illegal drugs according to schedules.  The penalties for possession of drugs vary based on what schedule those drugs are in.  Here’s a breakdown of the drug schedules in Illinois: –Schedule I – This is for the common street drugs like cocaine, heroin, marijuana, crack.  These are drugs that have a high potential for abuse, no accepted medical use, or are unsafe for medical use even under medical supervision.–Schedule II – This is for drugs such as cocoa leaves and opium.  These are drugs that have a high potential for abuse, have an accepted medical use, and can result in severe physical and psychological dependence if abused.–Schedule III-This is for drugs such as steroids.  These are drugs that have a potential for abuse less ...

Today, the United States Supreme Court refused to hear the appeal of a case which upheld the banning of semiautomatic assault weapons in Highland Park, Illinois.  Two Justices, Alito and Thomas, disagreed with the decision to not review the case.  The case had been closely watched but gun rights activists and is of significant 2nd Amendment importance. In 2013 the city of Highland Park Illinois enacted a local ordinance banning high capacity magazines with more than 10 bullets and also banned assault weapons.  The Highland Park ordinance was in response to a Federal Court of Appeals decision which ordered the State of Illinois to enact a conceal and carry mechanism.  The Illinois legislature gave municipalities 10 days to enact restrictions.  Highland Park was one of only 20 municipalities in Illinois, all around the Chicago area, to actually impose restrictions on guns.  A Highland Park resident, along with the Illinois State Rifle Association, filed suit allegi...

What is Possession of a Controlled Substance? In Illinois it is illegal to be in the possession of illegal drugs.  Cases like this are commonly referred to as a PCS.  Illinois classifies drugs according to Schedules from Class 1  to Class 5.  Which class a particular drug is placed depends on who addictive the drug is and whether it has any medical value. Generally, the common street drugs like Cocaine, Crack, Heroin, Ecstasy and Marijuana are considered highly addictive and have no medical value.  Those drugs are classified as Class 1 drugs and the Possession of Schedule 1 drugs is treated more severely than the possession of lower class drugs.  People that are charged with the Possession of Schedule 2 to 5 drugs are usually facing Prescription Drug Fraud charges.  Even when it comes to the Possession of Schedule 1 drugs, the Possession of Marijuana is treated differently than the Possession of other Schedule 1 drugs.  What you can be charged...

Today I appeared before Judge Haberkorn in the Circuit Court of Cook County – 2nd Municipal District and vacated my clients Unlawful Use of A Weapon (UUW) conviction from August 22, 2006. My client, a family man and an electrical engineer by trade, was arrested for a DUI and the officer found a loaded gun on the passenger side of the car. My client plead guilty to the UUW and the DUI charge – he represented by another attorney when he plead guilty to the charges.Over 10 years later, I was able to vacate my clients UUW conviction based on recent decisions from the US Supreme Court, the US Court of Appeals (7th Circuit) and the Illinois Supreme Court. My filed brief in support of vacating my client’s conviction was thorough and included a detailed analysis of all relevant case law. Our position was so strong, that the Cook County State’s Attorney conceded.   I have been fighting for my clients for many years who has been prosecuted by the State of Illinois for violating gun laws which...

The short answer to the question presented in the title to this post is no.  Let me explain. In my 23 years of practicing law, I have seen it all and have been asked every question that you could imagine.  One of the most common areas in which I get asked questions has to do with whether someone has to actually be driving their motor vehicle in order to be guilty of Driving Under the Influence of Alcohol (DUI). In Illinois, you are considered to be “driving” a vehicle, for purposes of a DUI, if you have actual physical control of a motor vehicle.  Whether you had actual physical control of a motor vehicle depends on the totality of the circumstances.  Some of the factors are where you were sitting in the vehicle, did you have the key to the vehicle, what were you doing inside the vehicle and did you have the ability to start the vehicle and move it? I’m writing this article because I just had a case in which my client had attended a party at a bar and had too much to ...

My client’s felony drug case was dismissed after a finding of no probable cause at the preliminary hearing at the Cook County Court Brach 50 (Grand & Central). My client is an armed security guard and a criminal conviction would have had serious consequences on his life, his FOID card and his Conceal and Carry License. He was pulled over for a traffic violation but was driving on a suspended driver’s license. He was arrested and the police found two zip lock baggies of marijuana and one pill of Ecstacy on him. The Cook County States Attorney dismissed the marijuana charges per the recent change in policy of not prosecuting  marijuana possession cases for under 30 grams in most cases. However, the police officer was present and the State proceeded to preliminary hearing on the Ecstasy pill (.03 grams). Wisely, the Judge did not see fit that the felony drug case proceed any further. In other words, the Cook County State”s Attorneys Office is continuing to prosecute low-level drug ...

On January 14, the United States Supreme Court will hear oral arguments on Mellouli v. Holder.  This case is significant because it will help clarify which criminal convictions could lead to deportation for lawful permanent residents. The past few years, the federal government has stepped up efforts to deport lawful permanent residents for criminal convictions and this case could help clarify which crimes could lead to deportation from the United States.  The Supreme Court’s decision could have serious implications for people who are, or who have faced criminal prosecution.  So let’s look at the facts of the case and the legal arguments. FACTS Moones Mellouli came to the United States in 2004 on a student visa from Tunisia.  He later became a lawful permanent resident.  He ended up pleading guilty to a misdemeanor in Kansas for possessing drug paraphernalia.  In particular he possessed a sock which he was using to store drugs that he would eventually use. So the parap...

In an interesting case out of Florida, the public is getting detailed information about the secretive stingray fake cell phone tower which is being used by law enforcement officials to track particular cell phones.  Up until now, we have had general information about how these devices work.  However, a transcript released in a Florida case has provided us with the most detailed description of how this device works. On September 13, 2008 a Tallahassee woman was raped and her purse, which contained her Verizon cell phone, was stolen.  Detectives contacted Verizon and obtained real time ping information from Verizon.  That information gave the police general information about where that phone was located but the police needed detailed location information.  The thinking was that if they found the phone, they would find the rapist. The police obtained the unique IMSI identifier of the victim’s phone and started cruising the streets of the general area in which Verizon’s real time ping d...