Super User

Super User has not set their biography yet
What Happens If You Violate an Order of Protection?One of the likely consequences of being accused of domestic violence is having an order of protection against you. Also known as a restraining order, it can prohibit you from:

  • Being within a certain distance of the petitioner
  • Attempting to contact the petitioner
  • Entering your shared home
  • Seeing your children without supervision

The court may grant your accuser an emergency order of protection before you have been charged with any crimes if the court is convinced that you may be an immediate threat. You will get the opportunity to defend yourself against the accusations before the court decides whether to grant a long-term order of protection. Regardless of your opinion of the order, it is important that you comply with its terms. Violating an order of protection will result in criminal charges and possible jail time.

How Does a Violation Occur?

The order of protection should give you a detailed explanation of what type of interaction is not allowed with the petitioner and their dependents. The petitioner can contact the police if they believe you have violated the terms of the order. Directing a third party to make contact with the petitioner on your behalf may also be a violation of the order. The responding officer may arrest you if they believe the allegation against you is credible.

...
Using Discovery to Obtain Evidence in a Criminal CaseOne of the most important steps when gathering evidence for a criminal defense trial is the discovery process, which is obtaining evidence that the prosecution possesses. A law enforcement agency conducted an investigation into your case, which the prosecution will use as evidence in trying to prove the criminal charge against you. Some of the prosecution’s evidence may be impossible for you to obtain on your own, such as a police officer’s bodycam video footage from a DUI stop. You have the right to see that evidence before your trial in order to potentially use it as part of your defense strategy.

Sharing Requirements

The defense is responsible for requesting the evidence from the prosecution, and the prosecution must comply in a timely fashion. The prosecution does not have to provide evidence to the defense without a request unless it is material exculpatory evidence, meaning evidence that clearly shows that the defendant is innocent. The court may deny a discovery request if it believes that disclosing the evidence may put someone at substantial risk of harm or the usefulness of sharing the evidence does not justify the burden it would cause someone. A discovery violation happens when the prosecution willfully or unreasonably impedes the defense's access to evidence by not responding to discovery requests or tampering with evidence. If the court determines that a discovery violation has occurred, it can order that the related evidence be excluded from the trial or dismiss the case.

Types of Evidence

According to Illinois’ court rules, the evidence that prosecutors must share if requested during discovery includes:

...
Five Important Facts About Recreational Marijuana in IllinoisStarting Jan. 1, recreational marijuana will officially be legal in Illinois. The state had previously allowed medicinal marijuana use and decriminalized the possession of small amounts of marijuana by issuing fines instead of criminal charges. Now, it will be legal for anyone age 21 and older to possess marijuana, whether in leaf form or infused in an edible. However, Illinois will heavily regulate the use of marijuana in exchange for legalizing it. It will still be possible to be arrested or fined for violating the state's laws regarding marijuana use and possession:

  1. Possession Limit: Illinois residents are allowed to possess as much as 30 grams of cannabis flower, 5 grams of cannabis concentrate, and 500 milligrams of cannabis-infused products. The possession limit is half that amount if you are a non-resident visiting Illinois.
  2. Use Restrictions: You are allowed to use marijuana products only in private residences and commercial properties where use is expressly permitted. You cannot use it in public places or in a vehicle. If you are renting your home, the property owner can forbid you from smoking marijuana or eating edibles in a common area. It is illegal to knowingly use marijuana products in the presence of someone who is younger than 21.
  3. Growth and Sale: You cannot grow marijuana plants in your home unless you are a medical marijuana patient. The growth and sale of marijuana are limited to licensed businesses, and each municipality will determine whether it will allow marijuana sales.
  4. Transportation: You are allowed to transport marijuana in your vehicle as long as it is not visible or easily accessible and it is in an odor-proof, child-resistant container.
  5. DUI: It is still illegal to drive under the influence of marijuana, but the state is instituting a chemical test that is similar to measuring someone's blood alcohol concentration to determine whether they are intoxicated. The law states that a driver is legally impaired by marijuana use if they have more than 5 nanograms of THC per milliliter of blood. However, some people are skeptical about the accuracy of this limit because THC can stay in a person’s blood for weeks or months, which is long after the impairing effects have worn off. Police may heavily rely on their observations of driver behavior as evidence in a DUI case.

Contact a DuPage County Criminal Defense Lawyer

Of the many laws related to recreational marijuana use, residents are most likely to have trouble with DUI laws. Police are unsure of how to objectively determine whether a driver is under the influence of marijuana or simply has traces of THC still in their blood. A Wheaton, Illinois, criminal defense attorney at Stephen A. Brundage, Attorney at Law, can help you navigate all of the new rules regarding marijuana use in Illinois. Schedule a consultation by calling 630-260-9647.

Source:

...
Excessive Force in a Traffic Stop Makes Evidence InadmissibleThe Fourth Amendment to the U.S. Constitution prohibits police from conducting unreasonable searches and using excessive force during the search. When an officer violates the Fourth Amendment, the evidence that they find following the violation is inadmissible in a criminal case. Courts must analyze the circumstances of the search when determining whether it was reasonable and the force used by the officer was appropriate. State laws can help define which types of force are excessive depending on the suspect’s actions. A recent Illinois appellate court ruling on a drug possession case demonstrated how judges can have different interpretations of what constitutes a legal police search.

Case Details

In People v. Augusta, the trial court found the defendant guilty of unlawful possession of a controlled substance with intent to deliver. According to the police officers' testimonies, they were following the defendant because they suspected that he was selling narcotics and performed a traffic stop after the defendant allegedly failed to use his turn signal. During the stop, one of the officers noticed a bulge in the defendant’s cheek and a piece of plastic sticking out of his mouth. The officer asked the defendant to remove the contents from his mouth, believing it to be a bag of crack cocaine. When the defendant did not respond, the officer grabbed the defendant’s throat to prevent him from swallowing the bag and another officer helped remove the bag from his mouth. The bag contained what appeared to be crack cocaine, and the officers arrested the defendant. During the trial, the court denied the defendant’s motion to suppress the evidence on the grounds that the officers used excessive force. In a 2-1 ruling, the appellate court overturned the trial court's ruling on whether to suppress the evidence, vacated the conviction and remanded the case for further proceedings.

Excessive Force

The majority decision said that the officers violated state law and the Fourth Amendment:

...
Understanding the Burden of Proof in Criminal CasesThe U.S. has a court system that is meant to protect the accused as well as the accuser. An accusation must have some merit in order for the court to allow the case, and the prosecutor or plaintiff must prove why the defendant is guilty of or liable for the accusation. The burden of proof is one of the key concepts behind innocent until proven guilty, but different levels of proof are required depending on the type of case, including:

  • A preponderance of the evidence
  • Clear and convincing evidence
  • Evidence beyond a reasonable doubt

Criminal cases require the highest burden of proof because defendants have the most at stake if they are convicted.

A Preponderance of the Evidence

In most civil cases, the plaintiff must prove their claim by a preponderance of the evidence, meaning it is more likely than not that the plaintiff’s claim is accurate. The judge or jury may not have the evidence to dismiss either sides’ argument but only needs to determine which argument is more plausible. Courts allow this standard of proof in civil cases because the defendant is not faced with the threat of imprisonment. If the court finds in favor of the plaintiff, the defendant’s punishment will be financial, such as paying medical bills for an injury or replacing lost property or wages.

...