Archive, August 2014.
Delivering Marijuana in Illinois
Although medical marijuana is legal by prescription in Illinois for the treatment of certain conditions, there are still laws against possession and delivery of what is known as recreational marijuana. The laws prohibiting delivery of marijuana vary in their severity and can be extremely harsh depending on the defendant’s age.
Posted in Drug Charges
Can the Prosecution Appeal My Criminal Case if I Win at Trial?
The last thing you may want to hear, after winning a criminal case at trial, is that the prosecution is seeking to appeal the verdict. Luckily, the state can never appeal the verdict, no matter what evidence is later found pointing to the guilt of a defendant. The Fifth Amendment of the U.S. Constitution guarantees that no person shall face trial and be in danger of punishment for the same crime twice. This is what is referred to as double jeopardy. This means there can be no retrial for the same crime after a defendant has been acquitted or convicted. The U.S. Supreme Court has defined an …
Posted in Criminal Defense
DUI Liability without Evidence of Actual Driving
It may be counter-intuitive to understand a charge of driving under the influence for a driver who is not actually caught driving or operating a car by the arresting police officer. Nevertheless, you can be arrested and charged with a DUI in Illinois in certain circumstances, whether or not the police officers see you actually driving the car. In fact, the keys to the car do not have to be in the ignition, and the driver could be "sleeping it off" and still be convicted of a DUI.
Posted in DUI
When Words Can Get You in Trouble: Understanding Assult
Threatening someone through physical action, such as throwing a fist in their direction, or simply threatening to hit them in the face, can get you arrested for assault. Hence, words can get you in trouble. However, if you do manage to hit the other person, it is clearer that you have committed a crime. In that case, you can be charged with battery or aggravated battery, depending on the circumstances of the case. Nevertheless, whether or not that fist connects, as long as the other person reasonably thinks you are about to touch them, you have committed a crime.
Posted in Assault and Battery