Criminal Unlawful Possession of a Controlled Substance in Illinois and defenses.

Criminal Unlawful Possession of a Controlled Substance in Illinois and defenses.
The unlawful possession of a controlled substance in Illinois is a serious crime that can result in significant penalties, including jail time, fines, and a criminal record. The penalties for unlawful possession of a controlled substance vary depending on the type of drug, the amount of the drug possessed, and the person’s criminal history.
What is a controlled substance?
A controlled substance is a drug that is regulated by the government. The Controlled Substances Act (CSA) is a federal law that classifies drugs into five categories, or “schedules,” based on their potential for abuse and addiction. The CSA also sets forth the penalties for possessing, manufacturing, distributing, or selling controlled substances.
What is the law in Illinois regarding the possession of a controlled substance?
The Illinois Controlled Substances Act (720 ILCS 570/) prohibits the possession of controlled substances without a valid prescription. The law defines “possession” as “actual physical possession or constructive possession.” Actual physical possession means that the person has the drug on their person or in their immediate control. Constructive possession means that the person has the drug under their dominion and control, even if it is not on their person or in their immediate control.
What are the penalties for unlawful possession of a controlled substance in Illinois?
The penalties for unlawful possession of a controlled substance in Illinois vary depending Depending on on the type of drug, the amount of the drug possessed, and the person’s criminal history. The following are the general penalties for unlawful possession of a controlled substance in Illinois:
Schedule I and II drugs: Possession of a small amount of a Schedule I or II drug is a Class 4 felony. A Class 4 felony is punishable by up to three years in prison and a fine of up to $25,000.
Schedule III, IV, and V drugs: Possession of a small amount of a Schedule III, IV, or V drug is a Class A misdemeanor. A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $2,500.
Anabolic steroids: Possession of anabolic steroids is a Class C misdemeanor. A Class C misdemeanor is punishable by up to 30 days in jail and a fine of up to $1,500.
What are the defenses to a charge of unlawful possession of a controlled substance in Illinois?
There are a number of defenses that may be available to a person charged with unlawful possession of a controlled substance in Illinois. Some of the most common defenses include:
The person had a valid prescription for the drug.
The person was not aware that they were in possession of the drug.
The drug was found in a public place and the person did not have control over it.
The person was acting in self-defense when they possessed the drug.
What should I do if I am charged with unlawful possession of a controlled substance in Illinois?
If you are charged with unlawful possession of a controlled substance in Illinois, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you, develop a defense strategy, and represent you in court.

A general outline of the American legal system

A general outline of the American legal system: The American legal system is based on the common law system, which means that it is based on precedents set by previous court cases. The system is divided into two levels: the federal court system and the state court system.
The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States. District courts are the trial courts of the federal system, and they have jurisdiction over a variety of cases involving federal law. Circuit courts are the appeals courts of the federal system, and they review decisions made by district courts. The Supreme Court of the United States is the highest court in the federal system, and it has the power to decide cases that involve important issues of federal law.
The state court system is divided into two main levels: trial courts and appellate courts. Trial courts are the courts where cases are first heard, and they have jurisdiction over a variety of cases involving state law. Appellate courts review decisions made by trial courts, and they have the power to overturn decisions that they find to be incorrect.
The American legal system is a complex system, but it is designed to ensure that justice is served. The system is based on the principle of due process, which means that everyone has the right to a fair trial. The system is also based on the principle of equal protection, which means that everyone is treated equally under the law.

One of the most important documents in legal history.

One of the most important documents in history.
The Magna Carta, also known as the Great Charter, is a historic document that was signed in 1215 by King John of England. The Magna Carta is one of the most significant legal documents in history, and it has been a source of inspiration for democracy, human rights, and the rule of law around the world.
At the time of its signing, the Magna Carta was primarily a document that established limits on the powers of the King. It was written by a group of powerful barons who were frustrated with the King’s authoritarian rule and sought to protect their rights and privileges. The Magna Carta contained provisions that addressed various issues, including the rights of free men, the limits on the power of the King, and the administration of justice.
One of the most significant provisions in the Magna Carta was the right to due process. This provision ensured that no one could be deprived of their life, liberty, or property without being given a fair trial. The Magna Carta also established the principle that the law applies to everyone, including the King, and that no one is above the law.
The Magna Carta also established the principle of taxation with representation. This meant that the King could not levy taxes without the consent of the barons, which was an important step towards establishing a representative government.
While the Magna Carta was primarily a document that addressed the rights of the barons, its impact went far beyond this group. Over time, the Magna Carta became a symbol of freedom and justice, and it inspired many people to fight for their rights and freedoms.
One of the most significant examples of the influence of the Magna Carta was in the development of the United States Constitution. Many of the principles and provisions in the Magna Carta, such as the right to due process, the rule of law, and the principle of taxation with representation, were incorporated into the US Constitution.
The Magna Carta also influenced the development of human rights law around the world. It inspired the creation of the Universal Declaration of Human Rights, which was adopted by the United Nations in 1948. The principles of the Magna Carta continue to be relevant today, and they are a reminder of the importance of protecting human rights, the rule of law, and democratic values.
In conclusion, the Magna Carta is a historic document that played a significant role in the development of democracy, human rights, and the rule of law. Its provisions addressed issues that were relevant at the time of its signing, and its influence has continued to shape legal and political systems around the world. The Magna Carta serves as a reminder of the importance of protecting individual rights and freedoms and the rule of law, and its principles continue to be relevant today.

unusual Traffic and vehicle offenses in illinois

In Illinois, some unusual traffic and vehicle offenses include:

  • Leaving the scene of an accident: It is a crime to flee the scene of an accident in which someone is injured or killed, or in which there is significant property damage.
  • Reckless driving: This is a criminal offense in Illinois, and can include behaviors such as excessive speeding, weaving in and out of traffic, or tailgating.
  • Aggravated reckless driving: This is a more severe form of reckless driving and can result from behaviors such as racing on a highway or causing bodily harm to another person while driving recklessly.
  • Driving under the influence of drugs or alcohol (DUI): Illinois law prohibits operating a vehicle while under the influence of alcohol or drugs, and penalties can include fines, jail time, and license suspension or revocation.
  • Operating an uninsured vehicle: It is illegal to drive a vehicle on Illinois roads without valid insurance. Penalties may include fines, license suspension or revocation, and community service.
  • Transporting open alcohol: It is illegal to have open containers of alcohol in a vehicle while it is being operated.

Please keep in mind that this is not an exhaustive list and you should always check the Illinois’s Vehicle Code for the most up-to-date information.

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Lake County police departments looking to add body cameras

 

It’s not unusual for police officers to be filmed by people with cellphones during a traffic stop nowadays, but police throughout Lake County may be wearing body cameras to monitor interactions as soon as this fall in Round Lake Park, and other departments are not far behind.

From Round Lake Park to Round Lake and Mundelien to the Lake County Sheriff’s Office, municipalities and their police departments are moving ahead with body cameras.

“This is definitely the wave of the future and something that’s needed,” Lake County State’s Attorney Michael Nerheim said. “Body cameras are a type of evidence and the more evidence we have in any case the better.”

Gov. Bruce Rauner last week signed legislation that lays out the rules for police body cameras in Illinois, making it only the third state in the country to establish such rules, according to an Associated Press analysis. While it does not mandate body cameras, although there was legislation floated that would have done just that, it does specify how they will be worn, when they have to be turned on and how long the recordings must be kept as evidence.

It also established a grant program funded by a $5 addition to traffic tickets to help police departments buy the body cameras.

“They are going to be involved in every case, even misdemeanors,” Nerheim said. “You’re going to see footage on every single case.”

Nerheim said his office is working with the more than 40 police departments in Lake County on uniformity. If each department operated on a different system, that could pose a problem for his office, which would handle the recordings in court.

“It’s important we are part of the process,” he said.

Round Lake Park Police Chief George Filenko said if everything goes as planned his department will be ready to roll out the body cameras by mid September.

“It’s logical we’re doing this,” he said, “We decided this was the way to go.”

The village has purchased 6 4RE in-car systems with panoramic HD cameras and 13 VISTA HD body-worn cameras that have adjustable lenses so officers can adjust them according to their height. The total cost was approximately $57,000, which also includes a server and needed software.

For Patrol Officer Donna O’Brien, the body camera, which uses industrial strength magnets to hold it in place, is a good thing.

“I prefer them,” she said, “It’s good to have one more form of evidence to back up the truth.”

“I also think it’s good tool for training. I can review how I walked up to a vehicle during a traffic stop or person and see how I might of done it differently,” or see something that may have put her in danger, but she didn’t realize it at the time, she said.

“It will keep me on my toes, but I always act professionally,” she said.

Filenko said the response of his officers has not been “why do we need them,” but “when are we getting them.”

“In my opinion this is going to become standard, it may even be mandatory eventually,” he said. He knew two years ago they were going to need new squad car videos and he thought of incorporating the body cameras with that new system.

“It’s still not going to replace the human eye,” he said, but in the worse-case scenario, an officer involved shooting, “the more video the better,” said Filenko, who is in charge of the Major Crime Task Force that is called in to investigate those shootings.

Round Lake Police Chief Michael Gillette said his mayor and trustees wanted to get ahead of the curve and be pro-active. “I’m proud of the board and the mayor for letting us do that,” he said of their purchase of 15 FirstVu HD cameras from Kansas-based Digital Ally, at a cost of $13,800.

“We feel it’s a good tool for the officers to put together a solid case,” he said, “and of course it would be used in allegations of misconduct. I think they are really good tools.”

Bigger departments have bigger problems with figuring out the financing, but the Waukegan Police Department is “aggressively” researching different models, according to Cmdr. Joe Florip.

“We need to see what will work best (for the 80 patrol officers and 20 patrol cars). We’re excited as an organization to get body cameras. We think it’s best for our community and the police department,” he said.

“It’s priceless when it comes to a citizen complaint. There’s nothing like pulling up a video,” he said, noting that sometimes they can do that now from dash cameras and sometimes residents see their actions in a different light.

The Lake County Chiefs Association, headed by Highland Park Chief Paul Schafer, said they are getting more inquiries from other chiefs about body cameras. There still needs to be a lot of policy work, such as how to handle Freedom of Information requests, obscuring juvenile or witness faces from the video and other issues and having the personnel able to do that.

“There’s a lot of implementation with this new technology that the chiefs are taking a look at,” he said. They plan to have it on their agenda for the September meeting.

Other departments like Round Lake Beach are just starting to look into it, partly because of the funding mechanism included in the bill the governor recently signed. For some departments it would be hard to afford and they want to make sure they get the right equipment.

“We want it done right the first time,” said Police Chief Dave Hare. But he believes they will benefit police and the community.

“Transparency is a good thing for the community and body camera play into that,” he said

Illinois Supreme Court released 4 criminal law cases for March 2016.

 

Here are the top 13 criminal law cases from the Illinois court system for March 2016. The first 4 are from the Illinois Supreme Court. Number 4 was a victory for the defense at the lower level and the Illinois Supreme Court had something to say about that.

  1.  People v. Burns
    The “no-nights visits” rule is affirmed, can’t bring the sniffer dog to your front step for a little sniff action.
  2. People v. Bradford
    Prosecution no longer allowed to overcharge an ordinary retail theft to a burglary.
  3. People v. Clark
    Aggravated vehicular hijacking and armed robbery without a firearm are not lesser-included offenses of aggravated vehicular hijacking and armed robbery with a firearm.
  4. People v. Timmsen
    Apparently, the police can stop you for trying to legally avoid a roadblock.
  5. People v. Abram
    Officers approach defendant who was sitting in his car he then, to say the least, ensues in outright flight.
  6. People v. Smith
    This trial judge was overruled; there is nothing unconstitutional about requesting citizen’s to roll up their sleeves.
  7. People v. Thompson
    Some of the State’s remarks relied on questionable advocacy, but did not rise to the level of clear and obvious error.
  8. People v. Meuris
    In a leaving the scene of an accident prosecution the State must not only prove that Defendant knew he was involved in an accident but also that another person was involved.
  9. People v. Weinke
    Reviewing court says ASA exaggerated the severity of victim’s condition and misled the court as to the source and timing of her information in order to pressure the court into granting a quickie deposition.
  10. People v. Tayborn
    Trial counsel was ineffective for not challenging defendant’s confession given without Miranda warnings.
  11. People v. Little
    Cigarette break is not a sufficient amount of time to remove the taint of the original Miranda violation.
  12. People v. Gray
    These drug officers were themselves charged with distributing narcotics and Defendant was not told about the investigation before he plead guilty to his own drug charges.
  13. People v. Fulton
    In a charge of armed habitual criminal the same conviction can be used as one of the predicate offenses as well the predicate to the UUW Felony conviction that may be being used.

Communities our office serves in Lake County, Illinois

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Couple seek to have convictions thrown out, cite corrupt Chicago cop

Couple seek to have convictions thrown out, cite corrupt Chicago cop

Ben Baker had long been a thorn in the side of corrupt Chicago police Sgt. Ronald Watts, who framed the part-time drug dealer on a narcotics charge in retaliation for refusing to pay a protection payoff of $1,000, court records show.

While Baker was on bond awaiting trial in December 2005, he and his wife, Clarissa Glenn, were stopped by Watts and one of his team members. Once again, the officers claimed they found a bag of heroin in Baker’s car and tagged the couple with major felony drug charges, according to the court records.

Faced with up to 15 years in prison and frightened that their young children would be left without parents, the couple copped deals with prosecutors in order to spare Glenn from prison. Baker, though, had an additional two years tacked on to his sentence for the other drug case — a total of 14 years behind bars.

Now Baker and Glenn are seeking to have those guilty pleas thrown out, claiming in a court filing last week that Watts had planted the heroin — this time as retribution for blowing the whistle on him. Watts had been tipped off that Baker had gone to the Chicago police internal affairs division about his earlier shakedown, records show.

To buttress their claim, the couple has produced court records that show the judge who took their guilty pleas in September 2006 was already aware that Watts’ crew was under investigation, according to the petition filed in Cook County Criminal Court.

In fact, Judge Michael Toomin told the couple that if the allegations were ever proved, they could come back to court and he would gladly throw out their cases.

The court filing marks the latest fallout over the corrupt squad led by Watts, who in 2012 was charged along with one of his underlings, Officer Kallatt Mohammed, with shaking down a drug courier who turned out to be an FBI informant. Both were convicted and sentenced to federal prison.

Baker was freed in January after serving more than a decade of his 14-year sentence. Cook County prosecutors agreed to drop the original drug charge against him after his lawyer, Joshua Tepfer, revealed dozens of pages of court and law enforcement records showing that police internal affairs had been aware as far back as the late 1990s of corruption allegations involving Watts’ team — yet failed to take them off the street.

At the time of Baker’s arrest, Watts and his entire crew also were the target of an ongoing FBI investigation, according to records uncovered by Tepfer, of the Exoneration Project at the University of Chicago Law School. One FBI report from September 2004 showed that an informant had told federal agents that Watts and other officers were routinely shaking down drug dealers for thousands of dollars in cash in exchange for police protection at the Ida B. Wells public housing complex.

But it wasn’t until five years later that agents were able to build a criminal case against Watts and Mohammed, based in part on the undercover work of two whistleblower officers, Shannon Spalding and Daniel Echeverria.

Tepfer told the Tribune on Friday that the latest filing shows how Watts and his crew were able to terrorize a community for years with their illegal schemes, using their police powers to keep the largely poor and vulnerable people who lived in Ida B. Wells in line.

“These cases were brought by vindictive and corrupt police officers who were framing individuals for things that they did not do,” Tepfer said. “(Baker and Glenn) are likely just the tip of the iceberg when it comes to victims of the decadelong criminal enterprise headed by Sgt. Watts.”

The experience was particularly rough on Glenn, a churchgoing mother of three who had never been arrested before and has not been since, according to her lawyer, Jonathan Brayman.

“Every step of the way, Clarissa has told anyone who would listen that she and Ben were innocent,” he said.

According to the petition, Baker and Glenn were stopped by Watts and Officer Alvin Jones on Dec. 11, 2005. Jones claimed in police reports that as he walked up to the car he saw Glenn hand a clear plastic bag filled with heroin to Baker, who put it in the driver’s-side console.

But Baker and Glenn claimed Watts had pulled the bag out of his sleeve and placed it in the car after a search had turned up no drugs. Back at the Wentworth District police station, Jones and several other members of Watts’ team typed up a false report, adding officers as witnesses who weren’t even at the scene, the couple alleged.

Before the couple pleaded guilty, Judge Toomin acknowledged in court that he had been shown reports that indicated Watts’ crew had been under investigation by internal affairs and that a prosecutor with the state’s attorney’s office’s public integrity unit was involved. But there had been no concrete evidence of wrongdoing and no move by prosecutors to drop the charges, so the judge said he couldn’t do anything with the information, according to a transcript.

“Let me say this to both of you,” Toomin told Baker and Glenn, according to a transcript. “There has not been sufficient showing to me that these are renegade police officers, that they are bad police, that they are outlaws.”

But, Toomin said, “police officers do get charged with doing things that are wrong, breaking the law.”

“If that should happen here in this case, I would have no hesitation,” the judge said. “I would toss out these convictions.”