Recent Blog Posts
Five Important Facts About Recreational Marijuana in Illinois

- 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.
- 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.
Excessive Force in a Traffic Stop Makes Evidence Inadmissible

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.
Understanding the Burden of Proof in Criminal Cases

- 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.
Three Keys to Defending Against a Domestic Violence Charge

- Obey the Order of Protection: Regardless of whether you are guilty of domestic violence, you can face criminal charges for violating an order of protection. That means you should not attempt to contact your accuser, either directly or through a third party. If your order prohibits you from entering your residence, you risk arrest if you sneak into your home to get your belongings. Talk to your attorney if you are concerned about properties at your residence. There are ways to secure your properties that do not violate the order of protection.
Controversy Surrounds Illinois’ Felony Murder Rule

What Is Felony Murder?
Illinois law states that a death qualifies as a first-degree murder when a suspect:
- Intended to kill or cause bodily harm to the victim;
The Flaws in Field Sobriety Tests
After stopping someone on the suspicion of driving under the influence, a police officer may ask the driver to perform field sobriety tests, which are meant to gauge the driver’s physical and mental responses. As a driver, you have the right to reject the tests or any other questions about your sobriety. If you believe you are sober, it is tempting to participate in the tests in order to prove your sobriety. However, you would still risk displaying signs that the officer will misinterpret as intoxication. There are three standardized field sobriety tests, each of which can pose challenges to sober drivers:
- Horizontal Gaze Nystagmus: For the first test, the officer will likely ask you to look at and follow the movement of a pen or finger. The officer is watching for signs of nystagmus, which is a condition that causes your eyes to make involuntary jerking movements. Eyes with nystagmus may be unable to smoothly follow the movements of an object. Intoxication is one possible cause of nystagmus, but some people have nystagmus when they are sober. Officers are supposed to check for signs of natural nystagmus, which would make the test unreliable.
How Federal Laws Can Conflict with State Laws

Federal Crimes
Federal and state laws exist simultaneously and can both apply, depending on the details of a case. State prosecutors are the ones to bring criminal charges against a defendant in most cases, but federal prosecutors may have jurisdiction over a case if:
- The alleged crime took place on federal property or involved a federal official;
- The alleged criminal activity crossed state lines; or
- The alleged crime involved immigration or customs violations.
Cyberbullying Can Have Criminal Consequences in Illinois

What Is Cyberbullying?
Cyberbullying falls under Illinois’ law against cyberstalking, which is electronic communication that causes victims emotional distress or to fear for their safety. Cyberstalking can take many forms, including:
- Unwelcome personal messages of a violent or sexual nature;
Five Facts About Wrongful Convictions in 2018
Illinois by far led the nation for having the most defendants who were exonerated of their crimes in 2018, according to the National Registry of Exonerations. Of the 151 exonerations in 2018, 49 of them occurred in Illinois. The next closest states were New York and Texas, each with 16 exonerations. Thirty-one of the Illinois exonerations stemmed from a Chicago Police Department scandal in which officers framed defendants on drug and weapons charges. However, the 18 remaining exonerations would have still lead the nation. Wrongful convictions continue to plague the U.S. justice system, destroying lives in the process. The National Registry of Exonerations’ 2018 report shares several facts about wrongful convictions in the U.S.:
- Exonerees Spent an Average of 10.9 Years in Prison: The 151 exonerated defendants in 2018 lost a combined 1,639 years of their lives due to wrongful convictions, which was a record according to the report. Two defendants spent about 45 years in prison.
Rescinding a Summary Suspension After DUI Arrest

- The officer did not properly place you under arrest;
- The officer failed to warn you about the consequences of refusing the test;
- The officer had no reason to believe that you were driving under the influence;
- You did not refuse the test; or
- The test results were not over the legal limit or were inaccurate.
Your suspension may be automatically rescinded if the state does not allow a hearing on your petition to rescind in a timely fashion. An Illinois appellate court recently granted a defendant’s petition to rescind for that reason.