Chicago Criminal Lawyer Blog

Last week, I attended the Defending Drug Cases Seminar in Las Vegas sponsored by the National Association of Criminal Defense Lawyers. Hundreds of lawyers and other experts came in from all over the country, including a handful from Chicago and Illinois. During the seminar, I heard from speakers on the subjects of:

• How and when to contest K-9 drug searches,
• How to most effectively cross-examine a snitch,
• Motions to Suppress,
• Wiretaps,
• The jury as society's conscience,
• How to maximize the chance of gettiting out on bond, and
• The latest drug defenses.

The speakers in these areas, combined with the free exchange of ideas and strategies for beating drug cases with criminal defense attorneys from across the country, greatly increased my knowledge in areas rich with weapons for the defense of drug accusations. The Illinois Criminal Justice Information Authority reports that, from 1999 to 2008, the arrest rate for cannabis offenses in Illinois increased 13 percent. With drug prosecutions on the rise, creative and aggressive drug defense is more important than ever. I highly recommend the Defending Drug Cases seminar for anyone who is serious about staying on the cutting edge of this constantly evolving area of law.

Continue reading "The Defending Drug Cases Seminar by the National Association of Criminal Defense Lawyers" »

As a Chicago criminal lawyer, one of the most common accusations clients seek my help in defending against is the Illinois charge of disorderly conduct. While there are many types of Illinois disorderly conduct, ranging from felonies to misdemeanors, this article discusses the vaguely defined police favorite found in 720 ILCS 5/26-1(a)(1) which prohibits committing "any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace."

Consider the following scenario: A middle-aged black man and Harvard professor has misplaced the keys to his home. He is on his porch and after a few minutes, is able to get inside. After he steps into his home, a passing police officer approaches and accuses the professor of breaking into the house. The man then allegedly yells at, curses, and insults the officer at which time he is arrested and charged with disorderly conduct. The disorderly conduct charges are eventually dropped. But suppose you are just a regular man or woman and not the renowned Professor Henry Louis Gates of Harvard. Can you beat the accusation of disorderly conduct?

The question is important for several reasons. Unlike most other countries, Americans are protected from abusers of power by restrictions on police to arrest people only under specifically defined instances found in the Constitution and the criminal laws. Therefore, when police arrest someone merely because they find what that person is saying to be personally disagreeable or secretly dislike the color of their skin, and then attempt to legitamize the arrest with a disorderly conduct charge, they strike at the very freedoms that make our civilization the greatest in the history of the world. More practically speaking, whether or not you can beat your Illinois disorderly conduct case without pleading guilty is important because employers are using background checks with greater frequency. It is therefore of utmost importance to keep your record free and clear of anything that would make you less attractive to current or potential employers.

The skilled Chicago disorderly conduct lawyer will find many opportunities to beat disorderly conduct charges. In our earlier scenario, for example, Illinois courts that have examined the issue have held that yelling at a cop in a profane manner isn't disorderly conduct. Police in Illinois are presumed to be professionals who cannot be easily provoked into a "breach of the peace." If the cop in your case is claiming that he is the victim of your alleged disorderly conduct, the case of Illinois v. Trester and others like it, provide your first line of defense. Even if the policeman is not claiming to be the victim, if your alleged disorderly conduct is composed merely of speech, your First Amendment freedom of speech rights will be enough, in most cases, to trump the disorderly conduct accusation.

While some police abuse their power and the disorderly conduct law, my personal experience is that most officers are simply trying to do a difficult job the best way they know how. So, while it may not be disorderly conduct to yell profanities at an officer, it is probably better to treat them with respect and courtesy.

Continue reading "Disorderly Conduct in Illinois: Legitimate Crime or Tool to Harass?" »

One issue that frequently arises in my work as an Illinois drug lawyer is whether a person alleged to possess cocaine or marijuana merely possessed it for personal use, or possessed it intending to sell it to others. The difference is important because intent to sell or deliver a drug is more harshly punished and prosecuted than mere possession for recreational use. For example, possessing 1-15 grams of cocaine in Illinois is punishable by 1-3 years in prison while possessing 1-15 grams of cocaine with intent to deliver is punishable by 4-15 years in prison.

Consider the following scenario: Chicago police officers on patrol spot a car at midnight without its front headlights on. They stop the car and the driver bails out and runs. The cops outrun the man and he is arrested. After a search, $40 and 13 tinfoil packets of suspected narcotics are found in his jean pockets. Did the man possess the narcotics for his own personal use or with the intent to sell the drugs to others?

A fairly recent Illinois court opinion examined a similar set of circumstances and found insufficient evidence to show possession with intent to deliver. The court applied the following factors from Illinois v. Robinson in their decision:

• A quantity of cocaine or marijuana that is too much for personal consumption,
• The high purity of the drug confiscated,
• Possession of weapons,
• Possession of large amounts of cash,
• Possession of police scanners, beepers, or cell phones,
• Possession of drug paraphernalia, and
• The manner in which the confiscated drugs are packaged.

These factors should not be slavishly adhered to and the skilled drug lawyer should find significant room for interpretation and opportunities to fight back. For example, a person may purchase several ounces of marijuana not because she intends to sell it commercially, but rather, for the savings in costs, much like purchasing paper towels in bulk from a warehouse style store. And just because a person may have text messages on their phone requesting cocaine, does not mean that person sells cocaine unless he sent a response that would indicate he took the next step to arrange a cocaine transaction.

Recently, police searching the home of "Bad Girl" Catya Washington allegedly found cocaine, mushrooms, ecstasy, and a gun. Ms. Washington was arrested and is now accused of possession of drugs with intent to deliver. Protecting her rights and her freedom will depend on how skillfully her attorneys use these factors to prove that any drugs allegedly found in her home were for personal use and not for sale to others.

Continue reading "Drug Possession or Drug Possession with Intent to Deliver in Illinois?" »

Most of the clients who seek my help as a Chicago prostitution lawyer come to me after they advertise their services online and are caught in a law enforcement sting. Recently, craigslist.com, responding in part to pressure from the Cook County Sheriff, closed down its "Adult Services" section. Since then, Backpage.com has replaced Craigslist as the prostitution advertisement leader; from August to September of 2010, Backpage's revenue from online prostitution ads increased 15.3 percent to over $1.6 Million just for the month of September.

If you are a member of the world's oldest profession, know that advertising your services online is risky for several reasons. The internet is by its nature open and readily accessible to any member of the public, including law enforcement. With Backpage emerging as the industry leader, Cook County Sheriffs are targeting the women who advertise on it with increased intensity. Like any potential client, Chicago police need only type in a web address to obtain a list of targets. If you make offers of sexual bargains or post your picture in your ad, you provide at least some of the evidence needed to convict you in a form that is easy to permanently save and possibly trace back to you.

Three women accused of prostitution in Naperville recently learned this the hard way when they allegedly advertised their prostitution services online. In what is fast becoming a classic tactic, Naperville police conducted a one day investigation after responding to an online prostitution advertisement. These women now face Illinois charges of prostitution after police set up meetings and arrested them.

If you are an escort or masseuse, remember that there is no Illinois law against offering your platonic companionship or therapeutic massage in exchange for a fee. Protect yourself by explicitly stating in your post that your services are non-sexual. If you are a masseuse, ensure that you have an Illinois massage license. If you want to be truly careful and smart, consider making every new client sign a contract stating the legal terms and purposes of your business transaction.

Continue reading "Protect Yourself From the Dangers of Online Prostitution Advertising in Illinois" »