You’ve counted down the last moments of 2022, and now 2023 is here – it’s time for a fresh start. However, moving on from the previous year can be a bit more complicated if you’re facing criminal charges from the last minutes of 2022.

Some crimes commonly get people arrested in Illinois on New Year’s Eve. But just because they’re common doesn’t mean they’re not serious. Quite a few common crimes perpetrated on the last day of the year can haunt you for years afterward.

Here is what you need to know about crimes that get people arrested more often on New Year’s and what those crimes can mean for your future.

Public Intoxication

Public intoxication is a tricky thing in Illinois. That’s because it is not illegal in the state to be drunk in public as long as you’re over the age of 21. The government has passed laws that make it illegal for any local or state government to make laws against those who are drunk in public because they see it as discriminating against those who may have substance abuse issues.

However, it is illegal to operate a motor vehicle while intoxicated or walking on the street (stick to the sidewalks). It’s also unlawful to physically control other vehicles, such as boats, snowmobiles, scooters, and other equipment. Doing so can land you in jail and cause you to lose your driver’s license under Illinois law.

Assault

It’s unfortunate that this holiday also sees a rise in assaults. Assault in Illinois is causing a person to feel afraid for their physical safety. Putting up your fists and threatening to be violent toward another is assault, but threatening someone with words alone is not. Perpetrating an act of assault against someone who is a member of your household or family can get you in trouble for domestic assault as well.

If you are found guilty of assault in Illinois, then it’s typically a Class C misdemeanor. Assault can imprison you for up to a month and make you liable for fines of up to $1,500. You may also be subject to probation for several years and must complete community service hours.

Criminal Property Damage

It is illegal in Illinois to destroy or damage property that belongs to another. You may sometimes hear this crime referred to as criminal mischief or vandalism. Property damage or putting someone in harm’s way due to property damage is the primary issue.

Criminal property damage is committed by doing things such as ramming a car with a car, lighting a fire in someone’s backyard, poisoning your dog, or even smashing a window to your home. The damage can be small or large. As long as it’s with malicious intent, it’s criminal property damage.

Being found guilty of criminal property damage in Illinois can be a Class A or B misdemeanor, or a felony, depending on the property’s value, what was damaged, and who the target was. If you are found guilty of a misdemeanor, it can send you to jail for up to one year and make you responsible for thousands of dollars in fines. If it’s a felony charge, you can go to prison for up to 15 years and pay as much as $25,000 in fines.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Thanksgiving is traditionally a time of year that is about celebration and relaxation. Sometimes, however, celebrating can go too far and involve illegal drugs.

If you were arrested on Thanksgiving or the weekend following for drugs, it could be a complex situation. The holiday shuts down the courts and means you may need to settle into a stay at the local jail before seeing a judge – something no one wants to do.

Beyond this, if you are arrested over any holiday, it’s important to understand the process and your rights to ensure they were not violated.

Read on to find out what you need to know about being arrested in Illinois.

Can Police in Illinois Hold You?

People’s biggest question when arrested over holidays such as Thanksgiving is if they will be held or released after arrest. For some non-violent, minor crimes, the police officer may not even take you to the police station but give you the summons to appear in court and let you go on your way. The summons is to be taken seriously, however and shows you what date you have to appear before a judge to answer for the charges against you.

If you are taken to the police station by the arresting officer, you may not be free anytime soon. Of course, this depends on what crime you’re suspected of committing and when you were arrested over the course of the holiday. Courts are often closed over the entire holiday weekend, so you may be in jail until you can appear before a judge the following business day, which is likely Monday.

The Arrest and Booking Process in Illinois

If the arresting officer takes you to the police station after handcuffing you at the scene and placing you in the cruiser, they will take and catalog your belongings when you arrive. Your picture is taken for your arrest record, also called a mug shot, and you are fingerprinted to confirm your identity and see if any warrants are currently active for you in the system.

Detainment

The police may release you after you’ve been booked, but chances are you will be placed in a holding cell at the police station or the county jail while you wait for your arraignment. This first appearance in the courtroom typically occurs within 24 hours of your arrest, but not during the holidays.

Those arrested on a holiday or over the holiday weekend will have to wait until the next business day to go to their first hearing. Additionally, the prosecutor can request to hold you for another 72 hours, which doesn’t include holidays or Sundays.

Important to note: even when being detained, you have the right to contact an attorney who may be able to negotiate your release.

First Appearance in Court

Eventually, you will appear in court for your arraignment. The charges against you are read during this appearance, and your rights are explained to you. You will also make your guilty or not guilty plea during this time.

Those who plead guilty or no contest may be sentenced right then and there, but those pleading not guilty will have it decided whether they are detained until trial.

Not sure if proper procedure was followed in your case? Reach out to an experienced criminal attorney. They can protect your rights and help you build the strongest possible defense against your charges.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

However, there are still some controlled substances the state of Illinois takes very seriously – cocaine is one of those substances. Cocaine is considered addictive, with a high potential for abuse.

If you have gotten arrested in Illinois for possession of cocaine, then it’s vital to understand what you’re up against and how an experienced attorney can help you.

The Classification of Cocaine in Illinois

Under Illinois law, cocaine is a Schedule I substance. This means it has a high potential for abuse and dependency, but doesn’t have an acceptable medical use. Other drugs, such as heroin, are also Schedule I drugs and are the most harshly penalized in the state when you are found with certain amounts in your possession.

Illinois Possession of Cocaine Penalties

If you are found guilty of possessing cocaine, the penalties you face depend heavily on the amount of cocaine in your possession at the time of your arrest.

Here is a breakdown of the amounts and the level of crime you can get charged with for each:

Less Than 15 Grams of Cocaine

A Class 4 felony, possession of 15 grams or less of cocaine can send you to prison for up to three years. You may also get fined up to $25,000.

Between 15 and 100 Grams of Cocaine

A Class 1 felony, having between 15 and 100 grams of cocaine in your possession can send you to prison for as many as 15 years. The judge may also order you to pay fines of as much as $25,000.

Between 100 and 400 Grams of Cocaine

Having between 100 and 400 grams of cocaine in your possession is also a Class 1 felony. However, it can send you to prison for up to 30 years, depending on the exact amount. You can also get fined as much as $200,000, though the judge can ask you to pay an amount equivalent to the drug’s street value.

Between 400 and 900 Grams of Cocaine

Another Class 1 felony, possessing cocaine in this amount can send you to prison for as many as 40 years. You also can be ordered to pay fines in the amount of the street value of the drug or $200,000.

900 Grams or More of Cocaine

Yet another Class 1 felony, having cocaine in this amount is the most serious. Penalties include a prison sentence up to 50 years and fines for up to either the drug’s street value or $200,000.

Defending Yourself Against Possession Charges

If you’ve been charged with possession of cocaine in Illinois, don’t give up. An experienced attorney can help you to navigate the court system and help you to formulate the best defense for your case. How you and your lawyer choose to defend your case depends on the circumstances surrounding it, but rest assured that many people have faced these types of charges and had successful outcomes.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Even in states like Illinois, where drug laws are more forgiving than in other places, being charged with possession of a controlled substance is a serious matter.

If you’ve been charged with possession of a controlled substance in Illinois, it’s vital to work with an experienced attorney who can help guide you through the details of your case. One detail that cannot be overlooked is the evidence the prosecution is attempting to convict you.

Will the evidence against you hold up in court, and is it really as bad as you may fear? Read on to learn more about how evidence is gathered and used in Illinois drug cases.

Drug Possession in Illinois

In the state of Illinois, a person can be charged with possession of a controlled substance in cases where two conditions are fulfilled:

• A controlled substance was on your person or in your domain
• In an amount that violates the Illinois Controlled Substances Act

To be convicted of this crime in court, the prosecution must show that the elements of drug possession were true beyond a reasonable doubt. These elements are:

• The substance was possessed knowingly
• The substance was, in fact, a controlled substance
• The substance was under the control of the accused, either actually or constructively

If you have any amount of a controlled substance in your possession, that can be enough to secure a conviction. However, the seriousness of the charges and the related penalties will depend on the substance in question and the quantity in your possession.

Drug Possession Laws in Illinois

Under the Illinois Controlled Substances Act, substances are divided into schedules, which are noted in Schedule I through Schedule V.

Drugs on Schedule I have no accepted medical use and a high probability for abuse, such as hallucinogens and some opiates. Schedule II drugs include methamphetamines, oxycodone, and codeine. Schedule III covers substances such as ketamine, certain steroids, and buprenorphine. Schedule IV is comprised of substances such as tramadol, alprazolam, and diazepam. Finally, Schedule V is made up of substances with a very small amount of narcotics, such as prescription cough syrup.

Substances on the first schedule will be punished more severely than those on Schedule V. The amount you also possess factors in. Often, the amount of the substance in your possession and the type of substance are the key pieces of evidence used against you in a drug possession case.

What Other Evidence Can Be Used Against You?

In a drug possession case, aside from the substance of which you were found in possession, there are other pieces of evidence that can be used to support the prosecution’s case.

They also must show that you knew the drugs were there and that you had some kind of control over them, meaning that: if they were not on you physically, they were found in a place that you had control over, such as your car or a safe for which only you know the combination. Drug paraphernalia is another piece of evidence that can support your possession of the substance.

How to Fight Back

Don’t assume that the case against you is simply open and shut. Instead, work with your attorney to help find holes in the prosecution’s case. A few of the common ways to defend against drug possession charges include:

Challenging the Search

It is quite possible that the initial search that revealed your possession of drugs happened unlawfully. Under the Constitution’s Fourth Amendment, you are protected from illegal search and seizure by law enforcement.

While drugs that are in plain view of law enforcement may be used as evidence to search you and your property more thoroughly, concealed drugs that are discovered without your permission to search or a warrant can be called into question. It may be possible to have this evidence thrown out if an illegal search and seizure occurred, which can make the case against you fall apart.

Ownership

If the substances in question didn’t belong to you, or you didn’t know they were in your custody, then a conviction may not be possible. Remember, one of the elements of drug possession is that you knowingly possessed the drugs. If you did not know they were there, then the prosecution may not be able to establish that you ever actually had legal possession of them.

If you’ve been arrested for drug possession in Illinois, you need an experienced attorney to help.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Even in states where drugs have been decriminalized or legalized, like Illinois, people are still sometimes required to submit to drug tests. The results of those tests can impact your life, but the nature of that impact depends on why you’re being tested in the first place.

While the state of Illinois may seem as if it’s lenient on drugs, under state law drug testing is permissible. Employers often drug test employees that are either seeking employment or are currently employed. However, drug tests can be used for a variety of reasons legally, and sometimes those results, if positive, can land you in legal trouble.

Here’s what you need to know about drug testing in Illinois and how it can impact your life.

Drug Testing for Employment in Illinois

There are many companies in Illinois, as well as government agencies, that require drug testing before you can begin employment. Why? For many private employers, the state offers incentives, as does the federal government, to screen employees for drugs before employment. They often get breaks from insurance companies for doing so as well.

Companies set their own guidelines regarding the testing and reporting of employees, but most follow guidelines set by Substance Abuse and Mental Health Services to avoid any type of lawsuit in the future.

If you fail a drug test before employment under these guidelines, then things usually stop at the Human Resources department of the employer and criminal consequences are highly unlikely – though you may not get the job.

If you are currently employed and fail a drug test, there may be more dire consequences. However, those consequences might be influenced by why you were given the test in the first place, as well as what you do within the company and how long you’ve worked there.

Failing a drug test is grounds for termination of employment in Illinois. It’s up to the individual employer whether or not you’re given the opportunity to take a second test at a later date or to provide you with the opportunity for addiction treatment in order to keep your job.

Some employers may be required to report the result of the drug test you were given to outside agencies like the unemployment office. There may be no legal consequences, but if you lose your job due to a failed drug test, then you may not be eligible for unemployment.

Drug Testing for Illinois Probation

Often it is a condition of parole or probation for a person to undergo random drug screenings. In these circumstances, a failed test can have legal consequences and can also impact the sentencing handed down for your original offense.

There are several potential consequences to failing a drug test when you’re on supervised release, but ultimately your parole officer will decide what happens to you. You may potentially face:

A Warning

Depending on the reason for your probation, a failed drug test may only result in a warning. However, those who are on probation due to drug crimes can be immediately sent to jail or prison as a result. Typically, one warning is all you are allowed or you can face more significant legal consequences.

Rehabilitation

If you fail a drug test, your probation officer may issue community service hours to be completed. This is usually offered instead of being sent right to jail as a way to rehabilitate you. But if the officer believes you need to go to rehabilitation, then you may be ordered to do that. Refusing to go can result in you being sent to jail.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Most people in Illinois know that marijuana is legal in the state, both medicinally and recreationally. However, there are some products that seem to live in a gray area of legality in many places – products like Delta 8.

Delta 8 is a derivative of hemp. It is also legal in Illinois. Still, there are some important things to understand about the legality of this substance. Read on to find out more about Delta 8 in Illinois.

What Is Delta 8?

Delta 8 is a chemical compound found naturally in hemp and marijuana. The chemical structure of Delta 8 is very similar to that found in marijuana. It contains THC just like its cousin Delta 9, the main compound found in marijuana that produces the euphoric feeling of being “high.”

Delta 8 is not as strong as Delta 9, which is why many people want access to it. You may hear it referred to as “diet weed” or “weed lite” for this reason. It typically has fewer of the less desired side effects of marijuana, such as anxiety, drowsiness, and paranoia.

In states where marijuana is not legal, Delta 8 is quite popular as an alternative to marijuana. However, there are important reasons for maintaining its regulation by state governments, including those in states like Illinois, where marijuana is legal.

Because it is derived from hemp and has naturally lower THC levels, this has allowed people to take advantage of legal loopholes to produce products containing it. These products may not be safe since their production isn’t regulated. This is why Illinois stepped in to make the products safer.

The Farm Bill

In 2018, the Farm Bill legalized hemp and its derivatives through the federal government. Legal cannabis products have less than 0.3 percent of THC in them. Even with the Farm Bill, each state can choose whether or not to pass laws that recategorize substances like hemp.

While these laws can change anytime, Illinois currently allows the main ingredient in these products, HHC. But the Illinois Department of Agriculture has stated that hemp and any hemp derivatives cannot be used to make intoxicating substances such as HHC or Delta 8.

The Problem with Delta 8 in Illinois

So why did the Department of Agriculture in the state restrict products like Delta 8? It’s important to understand that Delta 8 and hemp-derived products are still legal in the state. However, to combat these products’ lack of health and safety testing, they created rules about who can make and sell them.

In Illinois, online sales of Delta 8 are restricted. The only places that can legally sell these products are registered dispensaries. They cannot be combined with other intoxicating compounds.

Living in Illinois affords citizens many options that other states don’t provide, such as access to safe, regulated marijuana products – and now hemp derivatives like Delta 8. You should only buy this product from reputable dispensaries that have taken the time to produce a quality product for you to enjoy.

If you are found purchasing it illegally, then you may be in legal trouble as a result. That’s when it’s important to contact an experienced attorney to help you navigate the charges against you and avoid a criminal record that can impact your life.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, drug-related crimes are a topic that law enforcement is very concerned with – lawmakers, as well. Illinois has worked to decriminalize some drug crimes to help people struggling with addiction. One of the ways it has done that is through the Good Samaritan drug overdose law.

An alarming number of people die each year in Illinois from drug overdoses. It is thought that, if these people were to get medical help at the right time, they might not have died. But they don’t get medical intervention, because the people around them are worried that they’ll be arrested for drug possession if emergency medical personnel and police are called to the scene.

The solution to this issue that Illinois state lawmakers invented is the Good Samaritan law related to drug overdose. This law can help to provide immunity from prosecution to those involved in a drug overdose if they call emergency services or take the victim to a medical facility.

Here is what you need to know about the Good Samaritan law in Illinois and how immunity can extend not only to those who are reporting the overdose but also to those who have overdosed.

What Is the Illinois Good Samaritan Overdose Law?

Since 2012, Illinois has worked to get the word out about the Good Samaritan law in an effort to save lives. What this law does is offer a limited amount of immunity to those who help to get medical attention for someone who is overdosing, as well as the person who is overdosing.

If a person seeks help in good faith for someone experiencing a drug overdose, then they will not be charged with felony drug possession. Also, law enforcement cannot use the information given in the call to emergency services as probable cause for a warrant or probable cause for executing a search of a person or their property.

Are There Exceptions to the Law?

It’s vital to understand that, while the Good Samaritan overdose law is meant to help, it does not provide blanket immunity. In fact, there are some important exceptions to the law to be aware of.

It may still be possible to be charged with drug possession and other drug felonies in certain situations. The type of drug and the amount of the drug at the scene of the crime may still lead to charges.

For example, the state only guarantees immunity from charges if three grams or less of cocaine or heroin are at the scene. If the police arrive and there is more than that, then you may get charged.

A few more important exceptions include:

• Three grams or more of LSD or morphine
• Six grams or more of PCP, quaaludes, ketamine, or pentazocine
• 40 grams or more of Schedule I or II drugs, as well as peyote, amphetamines, or barbiturates

Additionally, if police can demonstrate that they already had probable cause for a warrant or a search, then they can execute those things.

If you are at the scene of a drug overdose, the right thing to do is to seek help for those in need of medical attention. If you find yourself arrested and charged with drug possession as a result, then seek out the counsel of an experienced attorney. They will help protect your rights and make sure that the Good Samaritan laws have been applied to your case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

It may surprise many people to learn that if you’re selling something as a drug that isn’t really the illegal controlled substance you’ve portrayed it to be – it’s still illegal.

Being busted for selling fake drugs in Illinois is a felony, no matter the actual substance. As long as it looks like what you’re portraying, then it’s a crime. In fact, Illinois treats these similar fake substances as if they were real drugs, and the charges are similar.

Here’s what you need to know about selling fake drugs in Illinois, plus the penalties you can face.

What Counts as a Fake Drug?

Fake drugs are also referred to as “look-alike drugs,” which are substances that bear a very similar appearance to real drugs – and are sold as such. This can include any type of controlled substance like marijuana, pills, heroin, and cocaine.

As long as it has been designed to look the same – through branding, size, packaging, appearance, coloring, or even smell – it’s counted as a look-alike substance. Basically, if someone could be fooled into thinking it’s the same thing as the real substance, then it’s a look-alike.

Getting Caught Selling These Substances

Under Illinois state law, it’s illegal to possess, manufacture, advertise, or distribute look-alike substances. In cases where people are caught with these substances, it’s normally because they are trying to sell them as the real thing, and law enforcement catches them doing so.

What Are the Potential Penalties?

If you deliver a look-alike substance to someone over 18 years of age in the state of Illinois, or you manufacture, deliver, possess, or advertise the substance with the intent to deliver it, then you face a Class 3 felony. That is punishable by up to five years behind bars and fines of as much as $150,000.

If you attempt to deliver the substance to someone who is under 18 years of age, or you manufacture, deliver, advertise, or possess with the intent to deliver the substance to them, it is also a Class 3 felony. However, the penalties are much harsher. You can be sentenced to up to 10 years in prison and be responsible for fines of as much as $300,000.

If you are caught in possession of a look-alike substance the first time, it’s a petty offense and may result in fines of as much as $1,000. However, the second time and each time after is a Class C misdemeanor, which is punishable by up to 30 days in jail and fines of as much as $1,500.

You may also be sentenced to probation. Regardless, it’s important to engage a lawyer on your behalf if you are accused of this crime to help form a defense against the charges.

Common Defenses

Just like any other crime, there are many potential defenses that can be used by a skilled attorney for the possession or sale of look-alike substances. The right defense depends on the circumstances of your case, but, in general, some defenses are commonly used.

How the drugs were found is at the heart of any defense. If it was because your property was searched, it’s important to determine if the police had the right to do so in the first place. A good criminal lawyer will look at every angle to help determine the best defense for you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

This year, the state legislature in Illinois made a big change to the process of sealing or expunging records in the state that will have a huge impact.

Illinois HB 4392 is now waiting for the governor to sign it into law, having passed both the state house and state senate. This bill helps to give those with felony records a chance to have their records expunged – even if they test positive for marijuana.

Yes, that’s right – expungement or record sealing in Illinois is currently dependent on passing a drug test, but this bill is set to change all of that. Here is what you need to know.

What is HB 4392?

HB 4392 is a bill that allows people who want to petition the court to have their criminal records sealed or expunged – even if they happen to test positive for marijuana in the drug test required by the state.

What Is the Current Law?

As of right now, the law requires that those who want to expunge or seal their criminal records to pass a drug screen 30 days before filing their petition to the court. You must attach a drug test with your petition for expungement or sealing or the court will automatically deny you.

However, failure of this drug test also means that your petition will automatically be denied.

What Is Expungement in Illinois?

In the state of Illinois, the law allows some criminal records to be sealed or expunged, but only to those who qualify.

For those who have been arrested for a crime, or arrested and charged with a crime but not convicted, you may be eligible to have your records sealed or expunged. However, anyone who has been convicted of a crime in the state is not eligible to have their record expunged – instead, it can be sealed. Many misdemeanor and felony convictions will allow for a record to be sealed.

Expungement means that any record of an arrest or charges that didn’t result in a conviction can essentially be removed from your record. Sealing, on the other hand, means that your record still exists in the legal sense, as it will be viewable by the court, but it will not show up on any background check done outside of law enforcement. A sealed record cannot be obtained without a court order.

How Do You Know If You Qualify?

You are eligible to have your criminal record expunged if:

• You have completed court supervision successfully
• You were acquitted of charges against you
• The case against you was dismissed

For a record to be sealed, you can be eligible as long as it’s not related to:

• Charges or conviction of a DUI
• Violating a no-contact order
• Domestic battery
• Order of protection violation
• Sex crimes
• Reckless driving
• Crimes against animals

You also have to wait a certain amount of time if you are eligible to have your criminal record sealed in the state. However, you can petition for an expungement right after your case has been dismissed – or you’ve been acquitted.

This new law in Illinois will change record sealing and expungement for many people, especially now that marijuana is legal both recreationally and medically in the state. So, if you are looking to have your records sealed or expunged, discuss this new development with your attorney to make sure it is in effect before petitioning the court and taking your required drug test.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

A drug conviction can have a big impact on your future. That’s why, if you’re charged with a drug crime in Illinois, it’s not something to take lightly.

Having a criminal record with a drug conviction can limit your future opportunities, particularly in fields that require licensure. Here is what you need to know about your future job prospects if you are convicted of a drug crime in Illinois.

Getting a Job with a Drug Conviction

It’s a standard practice for many potential employers to run background checks on prospective employees. On top of that, you have to disclose any prior convictions that are not sealed or expunged to a potential employer.

Having a drug conviction on your criminal record can prevent you from finding a job, especially in fields like:

• Commercial driving
• Law enforcement
• Jobs involving children
• Jobs in the medical field, such as nursing

Jobs in the medical field will be tough to get with a drug conviction on your record. In Illinois, being convicted of crimes like criminal drug conspiracy or controlled substance offenses may make you ineligible for a nursing license.

In fact, any job that requires licensure will likely also require you to report your conviction to the agency through which you got your license. So even technical careers, like plumber or electrician, can be impacted.

Getting Loans

If you decide you want to go back to school to start a new career in the wake of a drug conviction, this can be problematic for you. Why? Because financial institutions, banks, and student loan providers can reject applications for loans based on a criminal record.

When you have a crime such as a drug conviction on your record, this places you in the high-risk category for loans. This can make it more difficult for you to get loans for valuable assets like a car, which then impacts your ability to make it to school or work. You also may have trouble securing a housing loan – or even securing a house to rent, since many landlords conduct criminal background checks, as well.

Loss of a Current Job

A drug conviction doesn’t simply impact your future. It can impact your present situation, too. Many employers will immediately terminate an employee if they are convicted of a crime in Illinois, particularly a felony like a drug crime. Some employers may only terminate a person if the conviction is directly related to the job, but it still makes your current position anything but secure.

Even if you don’t lose your job over a drug crime conviction, you must contend with the fact that spending time in jail or taking time off for court appearances can place your employment in jeopardy.

Your best bet if accused of a drug crime is to fight it and avoid conviction. You can only do that with an experienced attorney on your side, someone who understands the law and knows how to fight cases like yours in court.

Circumventing a conviction helps you to avoid all the headaches that can come with it – like losing your job or placing your future in danger. If you’ve been accused of a drug crime, then understand the charges against you fully. Bring an attorney on board to help you fight back and keep your future certain.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Since Illinois legalized marijuana both recreationally and medically in the state in 2020, many people have taken advantage of it. However, the new laws do not allow certain things. It’s important to know what you’re allowed to do with marijuana and what you’re not allowed to do – if you want to stay out of legal trouble.

While marijuana may be legal in the state, there are still legal consequences for breaking the laws that are in place. That’s why it’s vital for every Illinois resident who partakes of marijuana to understand what they can and cannot do, especially when it comes to cultivating your own plants at home. Here’s what you need to know.

What Does Marijuana Being Legal Mean?

In 2020, cannabis, or marijuana, became legal in Illinois for recreational users. Up until that point, it had been legal for those who needed it for medical reasons and was approved for its use by a medical professional.

The new law made the sale, possession, and trafficking of small amounts of marijuana legal. However, the cultivation of marijuana is only something that can be done by people with qualifying medical conditions. Recreational users may not grow their own plants. If they do, then they can face legal consequences.

Medical Marijuana in Illinois

Since 2013, medical marijuana has been legal in the state. It lets those who have a qualifying medical condition register to use cannabis with the Department of Public Health.

With a doctor’s prescription, medical marijuana users can get up to 71 grams of marijuana every two weeks. If they require more due to a medical condition, they can get a waiver from the state. It is also legal for medical users to grow their own marijuana, but there are rules attached. Medical marijuana users can grow up to five plants over five inches tall, but they must be in rooms that are secure from anyone under the age of 21. Also, they must be grown out of public view.

Housing laws can also apply in some situations when it comes to growing. If you live in federally subsidized housing, you can be denied housing or evicted if you use or grow marijuana.

If you live in private rental housing, the landlords may ban smoking in their dwellings, but it can be used in other preparations. In a lease, it is possible for a landlord to ban growing marijuana on their property, so make sure you clear it with them before you do.

Penalties for Growing Marijuana

If you have a medical card, there are no legal penalties for growing up to five plants of your own. However, it is a violation of the law to grow plants for recreational use. Up to five plants will only result in a fine of $200, but the more plants you grow, the steeper the penalties.

If you have between 5 and 20 plants, you can serve up to three years in prison for a felony and be required to pay up to $25,000. If you have between 20 and 50 plants you can go to prison for five years, while 50 to 100 plants can send you to prison for up to five years and require you to pay fines of $100,000. If you have between 50 and 200 plants, that penalty is raised to seven years. Over 200 plants can lead to incarceration for up to 15 years.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois may have made marijuana legal, but rest assured there are still plenty of ways to find yourself being read your rights in relation to drugs in the state.

Here’s what you need to know about current Illinois drug laws and what you should do if you are arrested under the suspicion that you’ve violated drug laws in the state.

Drug Possession in Illinois

The crime most people are charged with in relation to drugs is drug possession. Illinois has a Controlled Substance Act that criminalizes knowingly possessing, delivering, or manufacturing controlled substances.

Drug possession crimes in Illinois are divided into felonies and misdemeanors. Drug felonies have five separate classes which are:

• Class X
• Class 1
• Class 2
• Class 3
• Class 4

Drug possession cannot be a Class X felony, but it can be a Class 1 or higher.

Misdemeanors are divided into three separate classes. They are:

• Class A
• Class B
• Class C

For felonies, you can serve as little as four years or all the way up to 50. The type of controlled substance in your possession and amount have an impact on your sentencing if found guilty. For misdemeanors, you can spend anywhere from 30 days to two years behind bars. Again, it depends on the type and amount of the controlled substance in your possession at the time of the arrest.

What To Do If You’re Arrested

There are certain factors you should try to keep in mind if you are placed under arrest and suspected of drug possession. This is a basic rundown of what you need to remember:

Don’t Resist

It is in your best interest to never resist the police when you’re placed under arrest. This will only cause more legal problems for you down the road.

When you are arrested, remember to stay calm. Try not to get too emotional or excited. Instead, simply breathe deeply. Any outburst, even one that isn’t out of anger, can shock the cops and cause them to react in a way that could hurt you – and perhaps even end in additional charges.

Also, don’t attempt to threaten or bribe the police. It won’t work and can cause even more trouble.

Don’t Say Anything

Remember, any words you say can be used against you. So, except for identifying information such as your name, you should otherwise refrain from making any comments to the police, no matter what they say. If the police ask you questions, tell them you don’t want to talk until your attorney is present.

This also applies to writing. Never write down anything related to your case. If you are asked to sign a document, don’t sign it. Wait until your lawyer can look it over for you.

It will be to your benefit to politely decline the police’s request to answer questions. If you get on their bad side for being rude, that can make things more difficult for you.

Call an Attorney

You’re not alone in this. You need to call an attorney as soon as you get to the police station. If you don’t already have a lawyer, call a friend or family member who can find one for you.

Request Bail at Your Court Hearing

When you go before the judge for your first hearing, make sure to request bail. You don’t want to sit in jail throughout your court case, after all, so this is an important way to advocate for yourself. If your bail request is denied, then make sure to speak with your lawyer.

Learn About Your Charges

You cannot be kept in jail unless you are charged with a crime, so make sure to pay attention at the first court hearing as they read the charges that have been filed against you. This is also the time when you enter a plea.

Your lawyer can help to guide you through this and help you to understand if you’re being charged with a felony or misdemeanor. Remember, felonies are much more severe than misdemeanors. Whichever charge you are given, understand fully what the charge is and why it was given.

Always work with your attorney for the best outcome in your case. Be honest with them about what happened so they can try to help you create the best defense possible on your behalf.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you’ve ever encountered a drug sniffing dog in Illinois, you probably have wondered about the legalities of their use. After all, can a drug sniffing dog just identify you as someone of interest when you’re walking down the street? What about if you’re in the car? In your house?

There is a lot to understand about drug sniffing dogs and their legal uses in Illinois, especially if you’re facing drug charges as a result of one. Here’s what you need to know about when police can use drug sniffing dogs in Illinois and what your rights are.

Your Rights

You have protections under the Constitution of the United States, and no one can violate those rights. The United States Supreme Court has ruled on cases involving drug sniffing dogs. They have ruled time and again that these dogs can be used within the parameters of the Constitution.

However, when a dog is used, a search warrant must also be a part of the equation to protect your rights under the law.

Traffic Stops and Drug Sniffing Dogs

A famous Supreme Court case outlines the parameters for drug sniffing dogs in circumstances involving traffic stops. That case is Illinois v. Caballes.

Under that ruling, drug dogs can be used in traffic stops without what is called “reasonable suspicion” on the part of the officer. The only caveat is that using the dog cannot prolong the traffic stop.

So, if the officer already has a dog with them, then the dog can easily be employed. But it is not legal for police to detain you indefinitely just to call a dog to the scene in order to investigate with them.

If a dog is with the police already when they use it, then they are allowed to walk it around a legally stopped vehicle. If the dog signals that it smells drugs, that counts as probable cause to search the car. Please keep in mind that this only applies if the dog is already at the scene.

It’s a violation of your rights to have a drug dog called to the scene to sniff around your vehicle after the fact. If the time it takes to bring a dog to the scene is longer than it would take to run your license/plates and issue a ticket, it’s illegal search by a drug canine. That’s directly from the Supreme Court.

Your Home and Drug Sniffing Dogs

If the police want to search your home with a drug sniffing dog, they also need probable cause in order to do so – and a search warrant. If you consent to a search, then that can count in lieu of a warrant.

In other words, dogs cannot be used to detect drugs and create probable cause for police when it comes to your domicile. This includes your house and the area around it – yard, driveway, what have you – also known as the curtilage, which is protected by your Constitutional rights.

Any drug dog would have to be in close proximity to the home to be able to sniff out drugs. It’s simply not possible for them to get close enough, legally, to give probable cause for a warrant – without already invading your protected property.

If you’re involved in a case with a drug dog, then it’s vital to know your rights. There could be issues with the case if your rights were violated.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Illinois is one of the states that has legalized marijuana, both recreationally and medicinally. While this makes many Illinois residents happy, it’s important to realize that this legalization isn’t a free pass. You can’t do anything you want with marijuana anywhere you please just because you’re over 21.

In fact, there are some really strict rules about marijuana in the state, including how to transport it. If you’re caught violating these rules, then you can face criminal penalties – even though marijuana is legal. Here’s what you need to know about how to safely and legally transport marijuana in the state.

How to Transport Marijuana in Illinois

Under Illinois law, those who are of legal age can transport marijuana within the state. However, the marijuana must be kept in a sealed, child-proof container that isn’t accessible to the driver as the car is moving. The best practice is to place the purchased marijuana in the rear of the vehicle and not open the container while you are in the car.

It is illegal in the state to consume marijuana in a car. This goes for both the driver and any passengers. It is also illegal to operate a vehicle under the influence of marijuana. If you are caught driving under the influence, it can count as a drugged driving charge under Illinois law, which has similar penalties as driving under the influence of alcohol.

Keep in mind that a car isn’t the only place you cannot consume marijuana according to state law. You also cannot operate an aircraft, boat, or any other type of motorized vehicle while under the influence. Illinois has a legal THC limit in the blood, which is five nanograms per milliliter. If you test above this, you can face criminal charges.

How Much Can You Legally Transport?

If you are a citizen of Illinois, you are allowed to possess the following amounts of marijuana as long as you are over 21 years of age:

• Five grams of cannabis concentrate
• As many as 500 milligrams of products infused with THC
• 30 grams of cannabis flower

If you are not a resident of Illinois, you are allowed to hold half of those amounts in the state.

Penalties for Transporting Marijuana

As mentioned, you can face DUI penalties if you are caught smoking marijuana in a vehicle or are found under the influence of marijuana while operating a vehicle. These depend on the number of your previous DUI charges. You can face penalties from a few months in jail all the way up to a few years, as well as steep fines and revocation of your driver’s license.

However, there are also penalties for transporting marijuana illegally. Illegal transportation is a Class A misdemeanor, and it can send you to jail for up to one year. You may also be required to pay fines for as much as $2,500. And you may be compelled to have an assessment done by the court. One piece of good news: there is currently no driver’s license suspension associated with this crime.

Remember, marijuana may be legal but there are still limits on what the law allows. As long as you are following the rules and transporting marijuana legally, then you should be just fine.

However, if you break the rules and get caught, you could face some serious penalties that will go on your permanent criminal record. This could impact your life for years to come.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Here are some of the most enduring misconceptions about drug crimes in Illinois, as well as the truth behind them so you have a better understanding of what it means to commit a drug crime.

Myth No. 1: Drug Charges are Now Misdemeanors in Illinois

While marijuana has been legalized for both medical and recreational purposes, there are still limits to how much marijuana one can possess in our state.

Anyone over 21 in Illinois is allowed to have up to 30 grams of marijuana. However, if you are found in possession of between 30 and 100 grams, then you will be charged with a misdemeanor. Possession over 100 grams is a felony, as is the possession of other controlled substances in Illinois.

In fact, if you are found in possession of controlled substances in the state, then you are going to be charged with a felony. Controlled substances such as methamphetamines, cocaine, heroin, and hallucinogens are illegal to possess and will result in felony charges. The level of felony depends on how much of the controlled substance is in your possession.

Myth No. 2: If You Ask an Undercover Officer If They’re Police, They Cannot Lie

A lot of drug crimes are caught through police surveillance and often involve officers going undercover to bust someone for drugs. There is an idea that’s been around for a long time that if you ask a policeman working uncover if they are the police, they have to tell you the truth.

That’s simply not true.

Undercover officers are under no obligation to tell someone who asks if they are indeed working undercover. If they were, then uncover operations likely wouldn’t be that successful.

Myth No. 3: If It’s Your First Drug Offense, You Won’t Go to Jail

Many would like to believe that if you have no prior criminal history, you’ll be let off the hook for more serious penalties, but that’s not true. Illinois has mandatory minimum sentences for many crimes, including drug crimes.

And while some jurisdictions have treatment courts where you are offered drug treatment in lieu of prison, most will be prosecuted to the greatest extent they can and given a sentence the judge has no choice but to mandate.

For example, in drug crime cases involving drug trafficking, Illinois courts have mandatory minimum sentencing they must impose.

Myth No. 4: You Can Just Have a Drug Crime Expunged From Your Record Later

While there are some crimes that can be expunged, drug crimes typically are not one of them. The exception is any crime involving possession of 30 grams or less of marijuana — as long as it didn’t involve giving marijuana to a child under the age of 18 and it wasn’t a part of a conviction for a violent crime.

If you think you don’t have to worry about drug charges against you because you can simply have them taken off your record later, you need to rethink that position. That’s why hiring an experienced attorney to help you with your case is the best option. After all, if you’re found not guilty, then the charge can be expunged from your record.

Myth No. 5: If Drugs Are Found On You By Police, You’re Guilty

Many people think that if they’re busted with drugs, that’s the end of the story and the conclusion to their case has already been decided – but that’s simply not true.

An experienced attorney can help to build a robust defense on your behalf and defend you against drug charges. They’ll also ensure that your rights in the situation are upheld and that your trial is as fair to you as possible, including that specific rules have been followed by police in their investigation at every turn. One wrong move by police can help to set you free.

Bottom line? Drug crimes can be complex, and charges are confusing. That’s why it’s vital to understand at every point the charges you are facing and your rights as the accused in the situation. Of course, the first step to any of that is the ability to separate fact from fiction when it comes to drug crimes in Illinois.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The War on Drugs is constantly changing, so it can be a challenge to keep up with all the details surrounding drug laws in Illinois. This stands particularly now that marijuana is legal – especially regarding how that’s in direct contradiction to federal law. Federally, marijuana is still illegal.

If you’re facing drug crime charges in Illinois, it’s vital to understand the case against you. Here is a rundown of the drugs that are illegal to possess in Illinois and the penalties associated with them.

The Illinois Controlled Substances Act

Illinois has a law referred to as the Controlled Substances Act. This law criminalizes, among many things, the possession of certain controlled substances or controlled substance analogs – a substance that has the same chemical structure of effect as a controlled substance.

In Illinois, if you are caught in possession of an illegal controlled substance or analog, you can be charged solely with that possession. You can also be charged with possession and the intent to deliver or manufacture it, which carries harsher penalties.

What Drugs Are Illegal to Possess in Illinois?

Several drugs are illegal to possess in Illinois, including:

Cocaine

Possession of cocaine is a Class 1 felony. It is punishable by fines of as much as $200,000 and a prison sentence that depends upon the amount found in your possession. F

or between 15 and 99 grams you can serve up to 15 years in prison, but it goes all the way up to 50 years in prison if you are found in possession of 900 grams or more.

Heroin

This Class 1 felony is punished the same way as cocaine possession and includes the same fines and prison sentences for the amount you possessed at the time of arrest.

Morphine

Another Class 1 felony with the same punishment structure as cocaine and heroin possession.

Peyote

If you are found in possession of 200 grams or more of peyote, then it’s a Class 1 felony, punishable by as many as 15 years in prison and fines of $25,000.

Barbituric Acid or Salts

Another Class 1 felony, possession of this substance is punished in the same way as peyote possession.

Amphetamine

A Class 1 felony with the same sentence structure as peyote possession.

LSD

A class 1 felony that can be punished by as much as $200,000 in fines and prison time, it’s dependent upon how much of the drug is found in your possession. Up to 99 grams of LSD can put you behind bars for as many as 15 years while more than 900 grams can having you serving up to 50 years.

Ketamine, Methaqualone, Pentazocine, or Phencyclidine

If you possess 30 grams or more of any of these substances, then it is a Class 1 felony. It can be punished by as many as 15 years in prison and fines of $25,000.

Anabolic Steroids

Possession of this is a Class C misdemeanor that can be punished by as much as 30 days in jail and fines of $1,500.

Now that marijuana is legal for those over 21 in Illinois, it’s the hope that drug crimes can occur less often, especially when it comes to possession. But it’s important to remember that possessing other drugs is very much still illegal in the state. Being caught with them can have significant consequences on your life going forward.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Being charged with possession of illegal substances is not something to be taken lightly, but it could land you in especially hot water if you’re convicted in the state of Illinois.

Why? Because Illinois courts enforce mandatory minimum sentences for drug trafficking, and you can be charged with drug trafficking based on the amount of substance in your possession (even if you didn’t intend to distribute it) due to state laws.

Often associated with federal courts and accused of targeting poorer communities, mandatory minimums give judges little autonomy in the sentencing of a crime. Instead, they require a predetermined amount of jail time regardless of your previous record or the details of your case.

In our state, it is important to know that the amount and classification of the illegal substance in question could mean the difference between a possession and trafficking charge — which greatly impacts the type, length, and severity of your charges, sentence, and fines.

Illinois’ Classification of Controlled Dangerous Substances

Our state uses a classification system for controlled dangerous substances that divides drugs into “schedules.” These schedules range from one to five based on severity and their potential for abuse (with schedule one substances being the most severe). The type of drug, coupled with the amount in your possession at the time of arrest, heavily impacts the charges and penalties you will face.

Of course, the drug schedule classification system doesn’t determine everything. In fact, the state of Illinois takes a mixed approach. While some CDS crimes are classified by schedule, others are based on the specific type of drug involved.

This can lead to confusion and uncertainty in terms of expected sentences, especially if you are charged with trafficking in addition to possession. Remember, it is possible to be charged with drug trafficking simply based on the amount of CDS in your possession at the time of arrest.

Take, for example, marijuana. Under current laws, it is legal to possess 30 grams or less of marijuana in our state. However, possessing more than 5,000 grams carries a mandatory minimum sentence in Illinois if distribution or sale can be proven in court.

Drug Distribution Charges and Penalties in Illinois

The Illinois Controlled Substances Act defines drug distribution as knowingly bringing a controlled substance into the state for the “purpose of delivery or with the intent to deliver it elsewhere.” These types of crimes are charged as Class X, 1, 2, or 3 felonies, with Class X covering the most severe offenses.

If convicted of drug trafficking, the act requires a judge to sentence the guilty party to a prison term with no less than twice the minimum but also no more than twice the maximum, and in the case of multiple offenses, additional minimum or maximum consecutive or concurrent sentences. In short, anyone charged with drug trafficking in the state of Illinois is looking at lengthy jail time due to mandatory minimum laws.

Although Illinois lawmakers have been trying to reform mandatory minimum laws for years and give judges more jurisdiction over individual sentencing, current mandatory minimum legislation provides judges with little or no autonomy when it comes to ruling based on the details and context provided to them in a case.

In situations involving drug trafficking, many have argued that these harsh statutes single out minority communities and enforce longer jail time and steeper fines than is appropriate if the guilty party is vulnerable or under duress.

Thankfully, a controlled substance trafficking charge is not a conviction. Potentially helpful defense strategies may include lack of knowledge, being under 13 years of age, duress, and entrapment.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Unfortunately, countless drug-sniffing dogs have made a scene over someone who wasn’t doing anything illegal. Some studies even show that these dogs are more often wrong than they are right.

Despite this, drug-sniffing dogs are still intimidating, and the act of sniffing someone’s personal belongings or body for drugs can feel like a violation. If you’ve ever asked yourself, “Are drug-sniffing dogs lawful?” then you’re not alone.

Illinois Law Enforcement Sometimes Overstep Boundaries with Police Dogs

The truth is, drug-sniffing dogs are constitutional for the most part, but law enforcement officers may use them to their advantage and overstep boundaries.

Know when you can say “no” to a sniff from a drug-sniffing dog in Illinois. Avoiding contact with these animals may just save you the hassle of being charged with drug crimes.

Can Drug Dogs Sniff You in Illinois Public Places?

The answer is yes and no. Sometimes they can. Other times, Illinois police may need a warrant in order to bring a drug dog around to conduct searches.

In order to determine whether these dogs are lawful in your specific circumstances, you have to ask yourself: “do I have a reasonable expectation of privacy here?”

Law enforcement officers cannot conduct searches with drug dogs if there is a reasonable expectation of privacy in the area.

This means that in public schools or big music festivals like Lollapalooza, drug dogs are perfectly legal. Even if a whole row of dogs is waiting to sniff you at the entrance to the festival, you just have to walk by and hope they don’t smell something around you.

Neighborhoods and private property are a different story. Private schools, for instance. If the administration asks the officers to come in with drug dogs, there is little you can do to object.

On the other hand, if law enforcement officers want to stop by your neighborhood with dogs, they’ll need a warrant and a good reason to search the area.

Can Drug Dogs Be Used During an Illinois Traffic Stop?

When it comes to drug dogs and cars, the line becomes even more blurry. Multiple Supreme Court cases have ruled on the validity of using drug-sniffing dogs at traffic stops.

While drug-sniffing dogs may be able to sniff you if you’re pulled over, there are still rules. They can only be used if the dogs were at the traffic stop, to begin with.

An Officer Must Already Have a K-9 on the Scene

Let’s say the police pull you over for having a broken tail light. A broken tail light doesn’t give the officers any clue as to whether or not you have drugs in the car. But if the officer comes over with a dog to get your license and registration, that dog can start to do its job.

The Illinois Supreme Court ruled that this was okay in the case of Illinois v. Caballes. Cars at a traffic stop apparently don’t have the same reasonable expectation of privacy that cars parked in their driveway.

Even though the police pulled you over for a reason not related to drugs, the drug-sniffing dog is allowed to sniff away.

So, what if the dog wasn’t there, to begin with?

You Do Not Have to Wait for a K-9 to Arrive

You get pulled over for having a broken tail light, and the police tell you to wait by the side of the road while they call in a drug dog. Is that legal?

No. According to Rodriguez v. U.S., detaining someone or extending a traffic stop to wait for a drug dog is illegal. Once the officer has gone through standard procedures, they have to let you go.

There is no reason for you to have to wait for a drug dog to come over, especially if you were pulled over for speeding, a broken tail light, or any other reason that is not related to drugs.

What If You Know Your Rights Are Being Violated in Illinois?

You might find yourself in a tricky situation involving a traffic stop, a search, or a drug dog. Firstly, you need to know your rights.

Officers need reasonable suspicion before they can call in a drug dog. Once the officer has explained why you were pulled over and taken your license and registration, ask them if you are free to go.

You should be unless the officer can give reasons why they suspect you have controlled substances in the vehicle. If they can’t give you a reason, you should be free to go.

Keep an Illinois lawyer’s number on hand if you are detained and know that you have the right to object to a search or remain silent throughout this process.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

The reality is, prescription drug abuse can be deadly, and law enforcement is only one of a host of agencies and organizations now paying close attention.

If there is any potential you could be accused, you’re going to want to read this quick reference guide covering prescription drug crimes in Illinois.

Prescription Drugs are Just as Dangerous (and Illegal) in IL

Many people are lulled into a false sense of security by the fact that prescription drugs are prescribed by doctors. Instead, headlines continue to surface about the droves of drug overdoses across the nation caused by prescription medications.

These drugs are meant to serve a specific purpose. When ingested improperly or by the wrong person, the effects can prove serious or fatal. You should never take anyone else’s prescribed medication, nor should you allow anyone else to for any reason.

Moreover, the US is in the midst of a crippling opiate epidemic. Studies have shown that most heroin addicts get started on prescription painkillers.

For this reason lawmakers and enforcers are taking a heavy-handed approach to striking back at prescription drug crimes.

Illinois Prescription Drug Crime Charges

Unauthorized possession or distribution of prescription drugs is illegal, and if caught you will be arrested and charged with a crime. Often these convictions are punishable by jail time.

There are four primary ways law enforcement typically categorizes drug crimes. Two of them pertain to those handing out the meds, the other two are related to the people who take them.

Possession, Distribution and Use Crimes

Possession and trafficking charges are no longer just about dealing in dark corners. Whether you’re a pharmacist, a doctor, a dealer or drug seeker, makes no difference.

Handling prescribed medications in a way other than intended could leave you facing drug crime charges.

Because most interactions related to prescriptions inadvertently create a paper trail, in this way, it’s actually easier to be convicted when caught. Still, many prescription drug crimes are initially uncovered through searches and sting operations, similar to street dealings.

Painkiller Overprescription

As the opiate epidemic has taken hold, America’s appetite for painkillers has grown exponentially. Some doctors, in turn, have cashed in on the demand.

In Illinois and across the US, there are pain clinics that operate specifically to dole out opiate prescriptions to recreational users and addicts, dubbed “pill mills.” Just last year, a major pill mill (responsible for 58% of fentanyl prescriptions across Illinois) was busted.

Physicians may be subject to prescription fraud charges for issuing prescriptions outside the usual course of the doctor’s practice, or for an illegitimate medical reason.

Doctor Shopping

On the other hand, doctors are actually legally limited to how much medication they can prescribe. So in the wake of the current crisis, many ethical doctors have grown reluctant to prescribe these painkillers unless absolutely necessary.

Sometimes, patients that are denied a prescription — but are also prescription drug abusers — will go to multiple doctors in order to obtain the narcotics. This is known as “doctor shopping.”

If a patient goes to a doctor seeking out a narcotic prescription and fails to tell the doctor that he or she is already taking medications or has other prescriptions, it’s considered criminal fraud.

Prescription Fraud

Some drug-seekers actually obtain prescription drugs without a valid doctor’s prescription. These crimes are known collectively as prescription fraud.

Common prescription fraud practices include:

• Forging prescriptions using a stolen prescription pad
• Using computers to create false prescriptions
• Impersonating medical personnel to call in prescriptions
• Altering quantities specified on a prescription

The passing of new regulations on prescription drug fraud has made this offense more difficult to hide. Therefore, you’re more likely to face criminal charges not only for illegally possessing the drugs, but also for committing fraud to obtain them.

Drug Crime Charges Do Not Equate to Conviction in Illinois

If you are facing prescription drug crime charges, know that a charge does not equate to a conviction. Depending on the specifics of your case, there are a number of defense strategies that could be used to beat or reduce them.

Defense strategies for possession and dealing are often similar to those of other drug crimes, and include defenses such as unlawful search and seizure, defective search warrants, and lack of knowledge.

An approach to prescription drug fraud might include calling attention to matters such as insufficient evidence, lack of intent, and the possibility of entrapment.

If a doctor is charged with prescription drug crimes, the “good faith” defense, which argues that the doctor would not have prescribed the drug if the patient had disclosed certain facts, is often applicable.

Regardless of the type of offense, Illinois takes prescription drug crimes very seriously, and it is imperative to be proactive in the fight against you. Otherwise you could be facing prison time and hefty fines.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Whether you are a police officer, a criminal defense lawyer, or someone who is facing violent crime charges, we can all agree: America has a prison problem.

How big is the problem? While our country has just under 5% of the world’s population, we account for 22% of the world’s prison population.

Why?

In recent years, a lot of fingers have pointed at The War on Drugs and federal drug crime laws. After all, half of the people in federal prisons are behind bars for drug crimes, and this argument was made quite effectively in the 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

In recent months, however, another book has made the rounds. Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform offers a different argument. While author John Pfaff says that federal drug laws are a part of the problem, he offers evidence showing that it is not the main one, and that there is much more work to be done in order to reduce the prison population and overall crime rates.

Both books are worth a read, but the latter offers some interesting (and sometimes uncomfortable) insights on what contributes to high prison populations throughout the United States. Specifically, Locked In makes the argument that violent crimes, local and state prisons, and prosecutors pay a far more prevalent role in prison populations than The New Jim Crow states.

Why Illinois Law Enforcement Is an Important Piece of the Puzzle

It’s important to remember that the criminal justice system plays out on several levels, including state and federal levels. Pfaff argues that while reforms have been focusing on how to fix mass incarceration at the federal level, state and local reforms are more crucial to decreasing the overall prison population.

After all, 87% of the prison population is in the state systems. Moreover, while drug crime offenders make up half of the federal prison population, the rate is much lower in state and local prisons. The highest percentage of convicts – by far – are there for violent crimes. This is a huge distinction to make when people are considering how to move forward with criminal justice reforms.

In 2017, Illinois passed a law decreasing sentences for nonviolent offenders while increasing sentences for violent offenders. One of the arguments for this bill is that long sentences for nonviolent offenders take up the space that “should” be given to violent offenders who committed more serious crimes.

This, however, merely shifts the group that is arguably being over-penalized, and would seem to do little to help reduce the prison population.

The Role of Prosecutors and Plea Deals in Illinois and Beyond

Whether you are reading The New Jim Crow or Locked In, you will see one glaring statistic: over 90% of all convictions are determined through plea deals. Prosecutors offer plea deals to defendants who claim to be innocent, but face long, threatening sentences if found guilty.

The prosecutor will offer to lower the sentence (and remove the prospect of a long, grueling court case) in exchange for a guilty plea. This can be tempting for many violent offenders, especially if the evidence appears to be stacked against them or they put their trust in a public defender who is swamped with other cases.

Bottom line? Prosecutors play a crucial role in incarceration. They choose when to press criminal charges and they choose what charges to press (felony vs. misdemeanor, etc.).

If a prosecutor wants to overlook a certain type of drug crime entirely, they can.

Take prosecutors who refuse to prosecute people who are caught with small amounts of marijuana. Larry Krasner made this move after he became the District Attorney of Philadelphia. In an instant, charges were dropped from 293 cases.

Despite this, prosecutors are rarely the focus of criminal justice reform. Even if the number of arrests for nonviolent or violent crimes goes down, prosecutors can ramp up the number of charges that they press – and continue to put more people behind bars.

What Does This Mean for Defendants in Illinois?

When you are charged with a crime, you are going up against a very powerful figure. Prosecutors have the ability to negotiate your sentence, drop charges, or tack on additional charges – with few limitations. If they decide to move forward with charges related to violent crimes, you might be facing immense pressure to plea and reduce your potential sentence. A sentence that was probably too high to begin with.

Whether you are facing charges for violent crimes or drug crimes, you have the right to an attorney. Unfortunately, public defenders across the country are overworked and overwhelmed, which only increases the likelihood that cases will end in plea deals that aren’t good for the defendant. (In Locked In, Pfaff mentions that a journalist once saw a public defender run through 48 plea deals in a single courtroom. Do you think any of those defendants got a truly “fair trial?”)

To fight back effectively, it’s important to build an aggressive defense with the help of a skilled Chicago defense lawyer that has the time and means to focus on your case. You deserve more than to be one of 48 people waiting their turn to be sentenced to prison without a fair defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.