Tag Archives: traffic stop
Defending Drug Possession Cases in Illinois
Defending Drug Possession Cases in Illinois
Drug possession is a serious crime in Illinois, and those convicted of it can face significant penalties, including jail time, fines, and a criminal record. If you have been charged with drug possession, 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 and build a strong defense.
There are a number of different defenses that can be used in drug possession cases. Some of the most common defenses include:
- The drugs were not in my possession. This is a common defense, and it can be successful if the prosecution cannot prove that you had actual or constructive possession of the drugs. Actual possession means that you had the drugs on your person or in your immediate control. Constructive possession means that you had the ability to control the drugs, even if they were not on your person. For example, if you were driving a car and the police found drugs in the glove compartment, you could argue that you did not have constructive possession of the drugs because you did not know they were there.
- The drugs were prescribed to me by a doctor. If you have a valid prescription for the drugs that you were found in possession of, this defense can be very effective. The prosecution will have to prove that you did not have a valid prescription for the drugs, or that you were not in possession of the drugs for a legitimate medical purpose.
- The police violated my constitutional rights. If the police violated your constitutional rights during the arrest, any evidence that they obtained as a result of the violation may be inadmissible in court. This could include the drugs that were found in your possession.
If you have been charged with drug possession, 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 and build a strong defense.
Here are some additional tips for defending drug possession cases in Illinois:
- Be honest with your attorney. Your attorney needs to know all of the facts of your case in order to build a strong defense. If you are not honest with your attorney, it could hurt your case.
- Do not talk to the police without an attorney present. Anything you say to the police can and will be used against you in court. It is important to have an attorney present when you speak to the police, even if you think you are innocent.
- Gather evidence. If you have any evidence that could help your case, such as witnesses or video footage, be sure to gather it and provide it to your attorney.
- Be prepared for trial. If your case goes to trial, be prepared to testify on your own behalf. Your attorney will help you prepare for trial and answer any questions you may have.
Drug possession is a serious crime, but with the help of an experienced criminal defense attorney, you can build a strong defense and fight the charges against you.
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
Communities our office serves in Lake County, Illinois
Antioch | Bannockburn | Barrington | Barrington Hills | Beach Park | Buffalo Grove | Deer Park | Deerfield | Fox Lake |Fox River Grove | Grayslake | Green Oaks | Gurnee | Hainesville | Hawthorn Woods | Highland Park | Highwood | Indian Creek | Island Lake | Kildeer | Lake Barrington | Lake Bluff | Lake Forest | Lake Villa | Lake Zurich | Lakemoor |Libertyville | Lincolnshire | Lindenhurst | Long Grove | Mettawa | Mundelein | North Barrington | North Chicago | Old Mill Creek | Park City | Port Barrington | Riverwoods | Round Lake | Round Lake Beach | Round Lake Heights | Round Lake Park | Third Lake | Tower Lakes | Vernon Hills | Volo | Wadsworth | Wauconda | Waukegan | Wheeling | Winthrop Harbor| Zion
his is what the Illinois court system was up to in February of 2016.
This is what the Illinois court system was up to in February of 2016. Here are the 9 best and worst cases. The last one is the one the prosecution doesn’t want you to know about.
- People v. Boston
Sloppy grand jury work by State’s Attorney does not prejudice defendant. Go to case. - People v. Ligon
Many objects can qualify as dangerous weapons for purposes of aggravated vehicular hijacking, but not as to armed violence. In other other words, list of bludgeons is greater for AVH and smaller for armed violence. Go to case. - People v. Zayed
Smell of cannabis does not give this officer a free pass to search this passenger because the officer crossed the line by whipping out the defendant’s penis and essentially conducting an unreasonable strip search. Go to case. - People v. Jarvis
The visual examination of defendant’s buttocks might have exposed defendant’s anus. Nonetheless, any search for the “person” authorizes a strip search. Go to case. - People v. Little
This DWLR conviction stands because the police officer didn’t need proof of every element of the crime he was investigating. The stop with limited information was good. Go to case. - People v. Buschauer
The trial court’s finding was against the manifest weight of the evidence in that a reasonable person in would have felt free to leave at any point during the interrogation. Trial court just can’t ignore the factors that weigh against coercion. Go to case. - People v. Harrison
This force blood draw was not suppressed because it was done before the McNeely decision and binding precedent was in place. Good faith exception applies. Go to case. - People v. Moore
Lost photo arrays were not done in bad faith, so no due process violation occurred. The proper remedy for this discovery violation was to grant Civil Jury Instruction 5.01. Go to case. - People v. Nibbe
Second degree murder conviction is vacated outright because a blow with a bare hand is not ordinarily contemplated to cause death. Go to case. - People v. Pmulamasaka
This rape is overturned, in large part, because the State committed and the trial judge allowed gross prosecutorial misconduct. Among the list of error committed by the prosecution two stand out. He repeatedly argued the victim was mentally handicapped when there was no such evidence, and he sat in the witness box during closing argument. Go to case.
Police body camera
A sweeping set of new regulations regarding police body cameras is aimed at addressing recent controversies over use of force and standardizing practices across the state.
Police departments would not be required to use the cameras, but now there will be statewide rules for those that do. Chiefly, officers will have to keep their cameras on when conducting law enforcement activities but could turn them off when talking to a confidential informant, or at the request of a victim or witness. Intentionally turning off cameras outside the exceptions could result in a charge of official misconduct.
Recordings generally will not be subject to the state’s open records law, however, unless they contain potential evidence in a use-of-force incident, the discharge of a weapon or a death.
To help pay for the body cameras, the state will charge an extra $5 fee on criminal and traffic offenses that result in a guilty plea or conviction. The money also will bolster an expanded training program that includes topics like use of force. In addition, the law bans the use of choke holds, creates a database of officers who have been fired or resigned because of misconduct and requires an independent investigation of all officer-involved deaths. Also, a special prosecutor can be requested if there is an apparent conflict of interest.
Since 1988, firm founder and criminal defense lawyer Louis M. Pissios
Since 1988, firm founder and criminal defense lawyer Louis M. Pissios has been a dynamic and leading advocate for the preservation and protection of constitutional rights—before, during, and following an arrest—as well as the defense of formal criminal charges.
The pursuit of a successful defense strategy, coupled with one-on-one client interaction, has been the hallmark of our practice throughout the past forty years. Our firm is the choice for people seeking cutting edge criminal defense representation that is both personalized and high quality. Guided by the philosophy that the situation of every person facing criminal charges is unique, we tailor our defense strategies to the facts and circumstances of each case, as they apply to the law, in order to attain the best possible results for our clients. A creative and intensive approach to criminal charges can make a big difference in your case’s results, as does the lawyer you choose to represent you.
He would be more than happy to discuss your situation at a meeting in our offices, advise you of the costs involved, and provide you with valuable and practical advice on how best to address the accusations. From DUI charges or violent offenses to crimes related to theft or traffic, or even expunging your criminal record, there is no case too large or too small. In your free consultation, you will learn that our attorneys are not judgmental; instead, we have the utmost respect for your privacy and dignity. All contacts and conversations are strictly confidential, and we accept phone calls 24 hours a day, 7 days a week.
We care about our clients and understand the anguish and stress that a person charged with a crime experiences. Being charged with a crime is a nightmare, not just for the individual charged, but for his or her family as well. We will guide you through the legal process, answer your questions, and provide you with the highest quality representation. We welcome you to compare our reputation, experience, and results with that of any criminal defense lawyer. Our professionalism and skill help us to obtain the best results and satisfaction for our clients.
We provide representation to individuals facing criminal charges in Lake County, and McHenry County. Please call us at (847) 263-0001 or email him directly at [email protected] Our lawyers will answer your questions and take time to ensure that you feel comfortable in fully understanding your rights, your options, and the consequences of your decisions.