Drug Crimes

April 13, 2014

Illinois May Decriminalize Possession of Small Amounts of Marijuana

by Law Offices of David L. Freidberg, P.C.

The Illinois legislature is considering enacting new laws that would decriminalize possession of small amounts of marijuana. The proposed bills fall short of legalizing pot, as Colorado and Washington do, but would instead align Illinois with 16 other states that no longer incarcerate individuals caught with small amounts intended for personal use. The bills are part of a growing movement that perceives marijuana as less dangerous than other drugs. They also seek to alleviate the burden of arrest, prosecution and incarceration of individuals caught with small recreational amounts.

Proposed Changes to Illinois Possession of Marijuana Laws

There are three bills currently working their way through the Illinois legislature seeking to lessen the penalties for different forms of marijuana possession.

Two bills seek to lower the penalties for marijuana possession for personal use, and increase the amount of marijuana that is considered “for personal use”.

House Bill 5708, which was introduced by Reps. Kelly M. Cassidy and La Shawn K. Ford of Chicago, would classify possession of not more than 30 grams of marijuana or any marijuana-containing substance as a petty offense. Those in possession would receive a ticket and be fined $100. Possession of anywhere from 30-500 grams would be classified as a Class A misdemeanor for a first offense, and a Class 4 felony for a second offense. Currently Class 4 felony and Class 3 felony for a second offense.

House Bill 4299, sponsored by Chicago Rep. Christian Mitchell, makes similar changes to the law as House Bill 5708, but varies the amounts allowed for possession. Under Rep. Mitchell’s bill, possession of 10 grams or less of marijuana would be a petty offense punishable by no more than a $100 fine. Possession of between 10 and 30 grams would also be a petty offense punishable by no more than a $100 fine for a first offense; a second offense would be a Class A misdemeanor (currently it’s a Class 4 felony).

Chicago Rep. Michael Zalewski introduced House Bill 4091, which would reclassify possession of not more than 30 grams of marijuana as a petty offense, unless the individual had two or more prior convictions, in which case he would be charged with a Class A misdemeanor.

Cost of Prosecution for Illinois Marijuana Possession

Part of the rationale behind the proposed changes in the marijuana possession law is the cost involved in prosecuting what are essentially victimless crimes. In 2011, 663,032 people were arrested nationwide for marijuana possession. There were 100,000 more arrests that year for marijuana possession than for violent crimes. More people were arrested for smoking dope, when the only arguable victim was him or herself, than people arrested for actually causing harm to another person.

Chicago arrests follow that trend – an average of 23,000 arrests each year for marijuana possession, about equal to the number of arrests for assault and battery combined. And the city is spending approximately $78 million to arrest, prosecute and incarcerate these so-called “offenders.” The Chicago police estimate it takes two officers approximately three hours to arrest an individual for marijuana possession, from the time they slap the cuffs on him to the time they file their paperwork. Three hours for the “crime” of lighting up takes away man hours that could be spent patrolling the streets looking for other crimes.

There is also the human cost involved with arrest for marijuana possession. There is the cost to the defendant of hiring an experienced attorney to help defend the case. Under the current law conviction under the lowest offense, a Class C misdemeanor, could result in up to 30 days in jail and up to a $1,500 fine. A person convicted may be required to report the misdemeanor on future job, housing or school applications, putting his ability to work and live where he wants in jeopardy. Continue reading

March 22, 2014

Chicago Criminal Defense of Stop and Frisk

by Law Offices of David L. Freidberg, P.C.

It’s a hot Chicago night, and you and some friends are outside, laughing and joking in an attempt to beat the summer heat. Two police officers approach and ask what’s going on. Not wanting trouble, you and your buddies turn and walk away. The officer repeats his question, a bit louder now, and the officers quickens their pace. Scared, you and your friends begin to run. The cops quickly follow, and when you’re detained they frisk everybody and find marijuana in your back pocket. Suddenly, what started as a fun night with friends ends with you in the back of a police cruiser, charged with possession of marijuana.

Unfortunately these types of stop and frisks are all too common, especially in Chicago’s high crime areas. If you’re arrested following a stop and frisk, you need an experienced criminal defense attorney to closely examine your case to determine whether the police’s actions were lawful.

Police Right to Stop and Frisk in Chicago

Police officers have the right to stop and question any person they encounter, provided they have a reasonable suspicion that the individual was engaged in criminal activity. This means the officer must be able to clearly explain why he believed criminal activity was happening; he cannot simply make a stop based on a hunch or intuition. These are known as Terry stops, after the United States Supreme Court case that authorized these investigatory stops.

The officer may perform a frisk (or protective pat down) only if he has reasonable grounds to believe the individual is armed. Even then, the pat down can only be of those areas on the body where a weapon could be hidden.

Just hanging out on the street corner is not generally enough to authorize the police to stop and question you. But in 2000 the U.S. Supreme Court ruled in Illinois v. Wardlow that the police can consider the individual’s behavior in context of the location when deciding whether there is reasonable suspicion to make a Terry stop. Suddenly, hanging out on the street in a known drug area became suspicious – bad news for the many law-abiding Chicago residents living in such areas.

Defending Against Chicago Stop and Frisk Arrest

There are many considerations that come in to play if you are arrested following a stop and frisk. Were you doing anything that could give rise to a reasonable suspicion that you were engaged in criminal activity? Were you in an area known for high criminal activity? Were you acting in a manner that made it appear you were engaged in criminal activity – pacing back and forth, looking at your watch repeatedly, or staying in the same location for a lengthy period of time?

Your behavior on the night of the arrest, as well as the location where it occurred, must be examined closely to determine if either of them could have given the police reasonable suspicion that you were committing – or about to commit – a crime. If the police lacked reasonable suspicion to stop you, the criminal case can be dismissed.

If the stop did rise to the level of reasonable suspicion (and even if it did not), the resulting frisk must also be closely examined to determine whether it exceeded the police’s authority. The police may only frisk on top of clothing, and they cannot pull out or manipulate anything they feel during the pat down unless it is reasonably clear from feel that it was a weapon or drugs. It would be hard for police to determine through a pat down that the small lump they felt in your pants pocket was marijuana. If we can show that the police’s discovery of evidence during a pat down exceeded their authority, the criminal case can be dismissed. Continue reading

July 17, 2013

Chicago Arrest News – What to do When a Loved One Has Been Arrested in Chicago

by Law Offices of David L. Freidberg, P.C.

It is always a shock to hear about a friend or family member who has been arrested. While we assume that our friend will be treated as “innocent until proven guilty”, this is not necessarily the reality in every situation. Many times, police officers and detectives alike will take advantage of a person’s lack of experience with the criminal justice system, which could lead to the inadvertent disclosure of incriminating information. Moreover, they also regularly fail to inform people as to the full scope of their rights, including their right to have an attorney present during various stages of the legal process (i.e. during interrogation and police line-up, etc.). If you find out that someone you love has been arrested, it is crucial to consider the following steps to help them protect their legal rights:

Obtain as much information as possible. The first thing you need to do is to find out where your loved one is being held. If he or she doesn’t know, then contact your local police department to see if they can help you locate them. When you speak with your loved one, find out what the charges are but do not allow them to tell you what happened. Your phone conversation could be recorded and held against your loved one later on.
Encourage your loved one to remain silent and to request an attorney. Don’t let your loved one make any statements or submit to any tests without the presence of an experienced Chicago criminal defense attorney. Also, it is important to advise the police officer or detective to not speak with your loved one until his or her attorney is present.
Take detailed notes. Be sure to write everything down, including the time that you were informed of your love one’s arrest and thereafter. This will not only help you keep things straight during this stressful time, it will also help your loved one’s attorney get the facts and start working on your defense.
Find a competent criminal defense attorney. As soon as you find out that your loved one has been arrested, it is crucial to find an experienced criminal defense attorney to help protect their legal rights. Do not hire the first attorney that comes along. Make sure that the attorney with whom you meet is familiar with the criminal justice system and, who knows the judges and applicable court of your jurisdiction. Having this level of familiarity can make a huge difference in your case.
Post bond. In most cases, a criminal judge will determine the appropriate amount of bail following your loved one’s arrest. Specifically, bail guarantees that your loved one will appear in all court proceedings following his or her release from jail. Jail bonds are available to cover the bail amount, get your loved one out of jail, and enable them to seek immediate legal representation.
Be wary of any deals that are offered, including those that seem too good to be true. Many times, various people involved in the interrogation process will attempt to make promises in order to influence your loved one to talk. However, it is crucial to realize that these individuals may not actually possess the requisite authority for their promises to hold any weight. With this in mind, do not accept any plea bargains or promises until an attorney has become involved in your case. He or she will certainly be able to “see through” these unfair police tactics and guide you accordingly. Continue reading