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Criminal Defense Archives

What to do about being charged with marijuana impaired driving

It is against the law to drive a car while under the influence of marijuana in the state of Illinois. While this is true and in place to as a common safety measure, the use of marijuana for medicinal purposes has become as mainstream as becoming a law enforcement officer. While there are many people who now use it legally, there is an important question regarding the number of people who are “high” while behind the wheel.

What must be established to prove embezzlement charges?

It is likely that you picture a CEO or businessperson in a suit and tie when you hear the phrase "white collar crime." This is the stereotype of this type of crime: a powerful business person who used his or her position to take asset that don't belong to him or her. And in many cases, this holds true. But in many other cases, the accused person is a bank teller or a lower-level employee who was granted access to a company computer or vehicle.

Cook County to introduce major bail reform initiative

Without question, one of the single most controversial aspects of our nation's criminal justice system is its reliance on wealth-based pretrial detention, meaning a system whereby prosperous defendants are readily able to post bail while their indigent counterparts must remain behind bars for weeks, months or even years while awaiting trial.

Bill altering state's civil asset forfeiture law sent to governor

The notion of local or state law enforcement agencies seizing property in connection with the filing of charges probably doesn't sound especially shocking to most people. What may be shocking, however, is to learn that these property seizures can also occur absent the filing of any charges.

Does poor legal advice prevent deportation? - II

Last week, our blog discussed how the Supreme Court of the United States recently wrapped up what proved to be an exceptionally demanding 2016-17 term. Indeed, the nation's high court was called upon to decide a host of important cases, several of which had the potential to dramatically alter the legal landscape in the area of criminal law.    

SCOTUS grants cert in important Fourth Amendment data tracking case - II

Last week, we began discussing how the Supreme Court of the United States recently granted a petition for a writ of certiorari in Carpenter v. United States, a case that could have major implications for Fourth Amendment jurisprudence.

SCOTUS grants cert in important Fourth Amendment data tracking case

With all of the excitement on Capitol Hill last week owing to the testimony of former FBI director James Comey before a Senate Panel, it's possible that many people overlooked a decision by the Supreme Court of the United States to review an important case during their next term -- one that could have major implications for Fourth Amendment jurisprudence.

Legislation calls for reform of Illinois' civil forfeiture laws

Many people might be unaware that the civil forfeiture laws in Illinois permit any state law enforcement agency to confiscate vehicles, cash, real estate or other personal property that it merely suspects is connected to criminal activity.  

Understanding the suppression of evidence in criminal trials - II

Last time, our blog began discussing how defendants who believe that the evidence prosecutors are seeking to introduce at their criminal trial was gathered in violation of their constitutional rights can seek to have it suppressed, meaning thrown out, via the exclusionary rule.

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Darryl A. Goldberg
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