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Cocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.
Potential Penalties
Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:
One of the perks of living in and around a big city is that everything is within walking or biking distance. Traditionally, with the better weather of summer months comes an increase in cyclists. We also find a correlating rise in the number of cycling while intoxicated cases. The incidents do not occur often enough for everyone to know the Illinois repercussions; however, the episodes are not entirely uncommon either.
The Legal Answers
It is common knowledge that driving yourself home in a motor vehicle after having too much to drink is dangerous for yourself, your passengers, and for everyone else on the road. Most people opt to have a designated driver, a cab, or a ride share take them home in those circumstances. However, when the weather is right, a bike ride does not immediately seem like a poor decision. Yet, there are unperceived dangers as well as potential legal complications to doing so. Under Illinois State law, a vehicle is anything that transports a person or property from one location to another, except if it is human powered. Meaning, your feet, and your bicycles are not vehicles. Therefore, taking a bicycle home is unlikely to result in a DUI charge, since you are not operating a car. A DUI on a bicycle is only possible under the following conditions:
Fewer people physically write out checks today than ever before. The plastic forms of payments are more convenient for quick payments. However, with the ease of payment comes a certain level of forgetfulness when it comes to balancing the checkbook. Even the small sums add up over time, reducing the overall amount of available funds. Mistakes happen when obligations are overlooked, sometimes resulting in what is known as a “ bounced check.” If this happens in Illinois, you could face criminal charges.
How Does a Check Bounce?
You may be wondering how you bounced a check, especially if you no longer have a checkbook. If you use an online billing payment service through your bank or enter your check information in a payment screen, there is a possibility that your bank will physically mail a check to the biller for processing; a process that may take several days. While there may be money in the account when you send the payment, if the funds are no longer available when it processes, the check will return to the person who tried to cash it rather than their promised money. In other words, it “bounces” back to them. Transactions do not necessarily deduct from the account in the order of payments, either. Financial institutions follow a schedule, allowing higher priority payments to process even before pending transactions.
When is the last time you checked the validity of your driver’s license? For most people, your license is in good standing. We assume that if our license is suspended, we would know. However, many Americans drive around daily with a suspended license without any idea that they are breaking the law. The Illinois Secretary of State suspends driving privileges for a variety of reason, and in some cases, there is no reason for anyone to let the driver know. Driving with a suspended license becomes a legal predicament if an officer pulls you over.
How Licenses Become Suspended
Your driving privileges may be temporarily withdrawn or suspended for a period of time. In many situations, the suspension is due to an unpaid fine, traffic violation or other driving-related infraction. Yet, there are reasons for suspension that have nothing to do with driving at all. These are a few of the offenses that may result in an invalid license:
The Miranda Rights have been around for 50 years, yet many are unsure of the appropriate usage. These rights, also known as the Miranda Warnings, explain to a suspect being placed under arrest what their rights are in the situation. Most officers have presented the statement so many times, they rush through it haphazardly, without giving proper emphasis to allow the receiver to understand the message entirely. Although in television shows and other media all suspects are “Mirandized”, it is unnecessary for some situations. However, if the officer did not read you your rights when they should have, your case may be overturned in court.
What Are the Miranda Rights?
The Miranda Rights are named after Ernesto Miranda, the plaintiff in Miranda v. Arizona. Police accused Miranda of stealing $8.00 from an Arizona bank worker. After hours of grueling questioning, he finally confessed not only to the robbery but also to kidnapping and rape. Police never explained that he had a choice to concede; nor that he could hire an attorney. He was initially found guilty; a ruling which was later appealed when the Supreme Court ruled that the evidence was inadmissible because the officers never made him aware of his Constitutional rights. Since this case, any officer arresting someone for interrogation must recite the following:
It happens every day: a person goes to an establishment that serves alcohol, consumes enough to be intoxicated, then drives home, but gets in an accident or stopped by the police for DUI. What leads to the result is drinking too much alcohol. The person who drank the beverages carries the majority of the burden of the outcome. However, bartenders, servers, and business owners may share some of the responsibility.
Illinois Dram Shop Laws
“Dram shop” is derived from a time in our past when liquor establishments used a “dram” as a standard unit of alcohol measurement. Now, 43 states, including Illinois, have dram shop laws which hold business owners, bartenders, and servers financially accountable if someone drinks too much at their establishment then injures or kills someone or causes property damage. All responsible parties risk being sued if the business serves someone that is “obviously and visibly” drunk. Not only that, but those responsible may also face criminal charges. It is a Class A Misdemeanor to sell, give, or deliver alcohol to a visibly intoxicated person. Penalties include fines between $500 and $2,500 and a year in jail. Also, liquor licenses can be fined, suspended, and even revoked.
There are over 16 million active concealed carry licenses in the United States; almost 250,000 are Illinois licenses. With all of these licenses comes the responsibility to adhere to both local and state laws, without putting anyone in danger. Mistakes are common, especially in the period shortly following licensure. However, when armed with a deadly weapon, these mistakes must be eliminated or kept to a minimum. Concealed carry mistakes can be harmless, but they could also be fatal under the right circumstances. Avoid potentially severe implications by avoiding these common carry errors.
Exposing Your Weapon
Concealed carry is precisely that: concealed. Therefore, if you are wearing your firearm on your body, ensure it remains hidden at all times. Also, be cautious of printing, which is when a shirt presses against a weapon leaving a print, making everyone aware of the gun's presence. Although this mistake happens without malicious intent, it is best to avoid it. Most people are oblivious to their surroundings; however, if you bend over and your weapon flashes, someone may notice. When a person does notice, and it takes him or her by surprise, the following call to emergency services is likely panicked and will result in a swarm of police officers.
When an officer pulls over a driver for suspected drunk driving, he or she makes no distinction over whether the suspect is male or female. The decision to charge a suspect with DUI stems from a variety of factors, such as a breathalyzer, blood alcohol test, or behavior indicators. If the breathalyzer returns a blood alcohol concentration number of 0.08 percent or higher, charges are likely to follow.
However, research shows that women are more likely than men to incur a DUI charge when drinking the same amount of alcohol.
Explanation of Functional Tolerance
Alcohol affects everyone differently, which is the result of a variety of elements that have little to do with whether someone is a “lightweight” when it comes to handling his or her alcohol. Having a functional tolerance to alcohol may enable a person of the same sex, weight, and age to have the same amount of alcohol but perform at a higher functioning level, which may prevent an initial traffic stop; when comparing breathalyzers, an equal BAC results in identical charges.
As technology advances, our lives seemingly become easier. We track our movements and sleep habits with products like Fitbit. We run searches, order new bedding, and schedule appointments by the sound of our voice using Siri and Alexa. Even hearts have technological assistance from pacemakers. Yet while these devices simplify our daily activities, they also simplify investigations for police officers. Your smart technology can and will be used against you in a criminal case.
Pacemakers
As one man discovered in 2016, the ever-present “Big Brother” has a location inside of pacemakers as well. According to the man, he was asleep when his Ohio home caught on fire. He quickly packed a suitcase with clothes, several other bags with various items, his computer, and a charger for his medical device. He then used his cane to break a window, toss out the belongings, and flee the burning home. The police became suspicious of the man when his story changed details. Additionally, both he and his house smelled of gasoline, and the fire had multiple starting points, which is highly unusual. Police retrieved data from the suspect’s pacemaker which, after medical analysis, did not match up with the man's version of what happened. The case is still awaiting trial.
The proverbial expression, “a man’s home is his castle” refers to the rights of individual privacy within one’s own home. Like the ruler of a domain, residents determine who may enter and who must stay outside. You have rights granted by the Fourth Amendment that protect your home against unreasonable searches and seizures. However, if exigent circumstances exist, officers may still legally enter.
What Does the Law Say?
The Fourth Amendment to the Constitution of the United States protects citizens’ expectations of the right to privacy by preventing the government from entering homes, searching belongings, or taking items without following proper protocol. This protocol standard does not protect information available to the public, however, because there is no expectation of privacy. The police do not need to ignore what they see when it is available to everyone’s view and thus gives them reasonable suspicion and allows them to stop and frisk a suspect or search an area.
A lawyer’s time and advice are his stock and trade.
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