Under Illinois law, the penalties are increased if you knowingly manufacture, deliver or possess with intent to deliver a controlled substance such as heroin or cocaine when you are within 1,000 feet of a school building. For example, a Class 1 felony can be upgraded to a Class X.

These penalties can be raised even if school is not in session, and no children are present. Now, a new Illinois Appellate case has held that a school is still a school under this law even if the building no longer operates as a school.

In People v Tolliver, the defendant argued that his drug charges should not be upgraded because the Chicago Public Schools had closed the school in question. The Court disagreed, stating that the building still had the identity of a school and would still draw neighborhood children to its premises.

The court considered the following factors: (i) ownership and maintenance by Chicago Public Schools, (ii) purpose, (iii) design, (iv) site characteristics (including school grounds), and (iv) its recognized place within the surrounding neighborhood. After weighing these factors, the court upheld defendant’s conviction of the aggravated offense.

If you are charged with a drug-related crime, contact an experienced criminal law attorney immediately. Do not discuss your case with anyone, especially not the police. Trying to talk your way out of a situation might end up giving the prosecution the evidence they need to convict you.

An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Was the search that uncovered the drugs legal? If not, an attorney may have grounds to challenge your arrest and hopefully get the evidence against you suppressed.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related school law blog: North Shore School Law. (Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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The answer is generally no. A dog sniffing outside your home is an intrusion within the Fourth Amendment’s ban on unreasonable searches and seizures. The area immediately surrounding and associated with your home is called “the curtilage.” The exact dimensions of the curtilage depend on the facts of each situation, but if something is inside the curtilage, it falls within Fourth Amendment protections. Therefore, the police must obtain a warrant before bringing a dog to sniff immediately outside your house.

In State of Florida v Jardine, police used a drug-sniffing dog on a homeowner’s porch to uncover marijuana plants. The U.S. Supreme Court held the search illegal because it came uninvited within the curtilage of the home.

Following the Jardine rule, an Illinois Appellate Court refused to uphold a search where police had entered an apartment building through a common locked door that had been left partially ajar. The police used a dog to sniff for drugs outside the defendant’s apartment. (The state acknowledged the search was illegal after Jardine, but believed a doctrine known as the good faith exception applied because the officer relied in good faith on the law prior to Jardine. The Illinois court disagreed. See People v Brown.)

In another Illinois decision, the court struck down the use of a narcotics dog to sweep the halls of an apartment building in the middle of the night. (See People v Burns.) The court noted that that the police were not simply walking down the sidewalk when the dog happened to smell the drugs. Furthermore, there is no implicit invitation for visitors to come to defendant’s front door at that time, and thus police could not legally approach her door without a warrant.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An experienced attorney can evaluate your case for your best possible defense. If the police search was illegal, an attorney can bring a motion asking the judge to suppress the results of the search. Even if the police followed procedures correctly and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better plea agreement then you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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The law creates a four-year pilot program which goes into effect January 1, 2014. Under the law, patients with debilitating medical conditions may obtain marijuana from one of 60 licensed dispensaries. The law specifies 35 eligible medical conditions including cancer, Parkinson’s, glaucoma, lupus, multiple sclerosis, muscular dystrophy, and AIDS.

Patients or doctors may not grow their own cannabis but may purchase up to 2.5 ounces every two weeks from a dispensary. Marijuana will be grown in licensed cultivation centers, one for each of Illinois’s 22 police districts. Centers must be at least 2,500 feet away from schools or daycare facilities and must have 24-hour surveillance and inventory controls.

Even if you quality for registrered use, you may not possess the pot in a school, school bus, day care, or correctional facility. Nor may you keep it in your car unless it is sealed and inaccessible to you while driving.

You may not smoke publicly or in a motor vehicle, school bus, school, correctional facility, day care, or knowingly near a minor. You may not operate a motor vehicle while under the influence or otherwise act negligently. The new law creates a bit of a dilemma since it is currently illegal to drive in Illinois with any traces of marijuana in your system, and if you were in an accident, it is unresolved how judges will treat you.

You may not give or sell your cannabis to others or fraudulently try to obtain a registration card or knowingly obtain more than your allotted amount.

A business, school or university may still bar the use of medical marijuana.

If you fail to comply with the law, you may be charged with any criminal penalties for unlawful possession or sale, along with fines and additional offenses.

If you are charged with violating the new law, contact an experienced criminal law attorney immediately. An experienced attorney can review your case to help devise the best possible defense. Perhaps you had marijuana in the car, but the police lacked the probable cause to stop you. Or you did not know you were too close to a minor when you were smoking.

If you have questions about your particular case or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

For more information, see Compassionate Use of Medical Cannabis Pilot Program Act.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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What can happen to you? What can you do?

For starters, if found guilty, you can be resentenced on the original offense as well as on the violation. You should contact an experienced criminal law attorney immediately to evaluate your options. (See our related post In Trouble Again: When You Have Violated Your Probation or Supervision.) Even if your options for fighting the violation are limited, however, you may be eligible for the Cook County Drug Court Treatment Program.

Enrollment in the Program is not automatic. It requires approval of the prosecutor and the judge. Your attorney can help you obtain the approval and negotiate the terms.

The Program is intended to help nonviolent felony drug possession offenders stay clean. If eligible, you could receive two years of probation instead of a trip to jail. You can only participate in the program if you admit you have a problem and show willingness to get treatment. Your offense cannot involve violence, and you may not have any convictions for violent crime within the last 10 years.

The Program’s requirements are rigorous and take place in four phases with different requirements for each phase. You must obtain treatment, submit to frequent urinalysis testing, participate in treatment, appear frequently in court and check in regularly with your probation officer. You may have to perform community service. Once successfully completed, you can participate in a graduation ceremony and your probation will be terminated as satisfactory. If you fail to complete the program, however, you can be penalized severely.

For more information on the program, see Drug Court Treatment Program.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post HELPING REPEAT DRUG POSSESSION OFFENDERS: THE COOK COUNTY DRUG COURT TREATMENT PROGRAM appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Illinois law bars you from knowingly manufacturing, delivering or possessing with intent to deliver a controlled substance. The severity of the charges and the punishment depend on the type of drug and the amount. (720 ILCS 570/401). These penalties are also a step up from a charge of simple possession.

If you possess with intent to deliver less than 15 grams of heroin, fentanyl, or cocaine, 10-15 grams of morphine or 5-15 grams of LSD, you can be charged with a Class 1 felony, punishable by 4 to15 years in jail and fined up to $250,000. More than 15 grams of these substances or more than 200 grams of barbiturates, amphetamine or peyote is a Class X felony. Your sentence can increase according to the amount you possess. Up to 100 grams is punishable by 6 to 30 years in prison while more than 900 grams is punishable by 30 to 60 years. In addition, if you possess with intent to deliver more than 100 grams, you may be fined up to $500,000 or the full street value of the drugs.

Illinois law also classifies different drugs on “Schedules.” These schedules contain long list of pharmaceutical names and can be tricky. Where your drug fits on which schedule can determine whether you have a Class 2 or Class 3 Felony and the maximum amount you may be fined. For example, Schedule I-type opiates are a Class 2 felony punishable by 3 to 7 years and up to a $200,000 fine. A Schedule V drug can be a Class 3 felony, punishable by 2 to 5 years and up to $75,000.

The penalties against you can also be increased if you deal to the wrong person such as a minor or pregnant woman or you deal in the wrong place such as a school or rest area. For more information on factors that can affect your sentence, see our related post at From Bad To Worse: Aggravating Factors for Drug Dealing Crimes in Illinois.

If you are charged with a drug crime, contact an experienced criminal law attorney immediately. Do not discuss your case with anyone, especially not the police. Trying to explain the presence of the drugs might only dig you in deeper.

An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Was the search that uncovered the drugs legal? If not, an attorney may have grounds to challenge your arrest and hopefully get the evidence against you suppressed.

Did you knowingly intend to deliver the drugs? As with most crimes, the state has the burden of proving you guilty beyond a reasonable doubt. You may have divided the drugs into separate parcels, but can the state prove you were preparing to sell? An attorney can look for holes in state’s evidence in the hopes of winning an acquittal.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may help negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Effective January 1, 2013, the new law only applies to the recording of drug crimes or felonies using force committed during a drug crime.

From the viewpoint of criminal defense attorneys, this change could make it much harder to protect the rights of clients. A judge is traditionally required to sign a warrant in order to ensure that an objective party has reviewed the facts and finds sufficient reason to intrude on your privacy. The new law removes that safeguard in favor of a prosecutor who values being tough on crime above all other interests.

On the other hand, recordings can at times help the defense. In numerous DUI cases, for example, the police videos of field sobriety tests may show a client speaking clearly and performing better than the officer reported. Extensive recordings may tend to raise doubts about the guilt of a client.

If you are charged with a drug crime, contact an experienced criminal defense attorney immediately. An attorney can review your case to see whether police violated your rights and to formulate the best strategy for your defense.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Under Illinois law, a person who knowingly possesses drug paraphernalia with the intent of using or preparing drugs is guilty of a Class A Misdemeanor, punishable by up to one year in jail and a minimum $750 fine. (720 Illinois Compiled Statutes 600/3.5.) The law does not apply to hypodermic syringes if you are authorized to have them under the Hypodermic Syringes and Needles Act. (720 ILCS 635.) Drug paraphernalia is defined as all equipment, products and materials to be used in planting, growing, manufacturing, converting, testing, injecting, ingesting, packaging or using drugs, except for methamphetamines which is a separate offense.

If you sell your paraphernalia, you can be charged with a Class 4 Misdemeanor, punishable by 1 to 3 years in jail and a $25,000 fine. Sell to a minor and it’s a Class 3 Misdemeanor punishable by 2 to 5 years. If the buyer is pregnant, you can face 3 to 7 years on a Class 2 misdemeanor.

Since the state must prove that you intended to use the paraphernalia to take or make drugs, simply owning a collection of bong pipes may not be enough to convict you. However, any drugs found near or residue on the paraphernalia can be used to show that you had the necessary illegal intent.

If you are charged with possessing paraphernalia, contact an experienced criminal law attorney immediately. Do not discuss your case with third parties or the police. Any statements you make can restrict your options in presenting a defense.

As with other criminal offenses, the state must prove you guilty beyond a reasonable doubt. An attorney can examine the evidence for holes in the state’s case. Was the search that revealed the paraphernalia legal? Can the state show that the paraphernalia was yours or that you meant to use it? Even if the state has more than enough evidence to convict you, an attorney can help negotiate a better plea agreement than you might do on your own.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Source: Illinois Drug Paraphernalia Law.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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