Category Archives: Drug Offenses

Category Archives: Drug Offenses

New Illinois Law Brings Driving Relief to Repeat DUI Offenders

Until yesterday, persons who had been convicted four times of the offense of driving under the influence (DUI) in Illinois, had no hope of ever being able to legally drive in the state. In an effort to reward persons who have been rehabilitated, Governor Bruce Rauner signed into law Public Act 099-0290, https://www.ilga.gov/legislation/publicacts/99/099-0290.htm, which allows […]

Illinois’ Second Chance Probation Allows For New Beginnings

The New Year brings second chances. It is a perfect time to discuss Illinois’ Second Chance Probation, the sentencing opportunity statute that went into effect a year ago. The statute, which can be found at 730 ILCS 5/5-6-3.4 allows certain persons who have not previously been convicted of felony offenses and previously afforded specified diversionary […]

United States Supreme Court Rules Taking a Drug-Sniffing Dog onto a House Porch is Impermissible Search

Yesterday, the United States Supreme Court ruled in Florida v. Jardines, 569 U.S. _ (No. 11-564) (2013), that taking a drug-sniffing dog on a private person’s porch was a violation of the Fourth Amendment of the United States Constitution as it was an impermissible search unsupported by probable cause. In Jardines, the Miami-Dade Police Department […]

Drug problems and drug arrests can happen to persons of all walks of life

So often, I am contacted by parents of young people who have been arrested for drug offenses. As today’s Chicago Tribune reports, https://www.chicagotribune.com/news/local/suburbs/wilmette_kenilworth/ct-tl-wilmette-heroin-forum-20130128,0,7810981.story, even young people who have been privileged to receive great advantages may succumb to the temptation of hard drugs such as heroin. When that happens, many face the criminal justice system. Having […]

United States Supreme Court rules the installation of a GPS device is a search under the 4th Amendment

Today, the United States Supreme Court ruled in United States v. Jones, 565 U.S.__, (No. 10-1259) that law enforcement’s attachment of a global positioning system tracking device on an automobile and its use to monitor that car’s movements constitutes a search under the 4th Amendment to the United States Constitution. The Court reiterated that the […]

Illinois Supreme Court rules that a preschool is not a “school” for penalty enhancement of Delivery of a Controlled Substance

Today, the Illinois Supreme Court decided that a preschool is not a “school” for purposes of enhancing the offense of Delivery of a Controlled Substance to a Class 1 felony. Illinois statute 720 ILCS 570/407(b)(2) states that Delivery of a Controlled substance when committed within 1,000 feet of the real property comprising a school is […]

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