However, it isn’t always that straightforward. Here are some important facts to remember.

When police need a warrant

In most cases, police must have a warrant signed by a judge to enter your home. A warrant shows that they have probable cause to believe a crime has taken place and that evidence may be inside your home. Without a warrant, you generally have the right to say no to entry.

If police do show you a warrant, you are legally required to let them in. They may only search the areas listed in the warrant and look for the items named.

When police do not need a warrant

There are some situations when police can enter without a warrant. These include:

• If you give consent
• If they are pursuing someone who is fleeing from a crime
• If they believe someone inside is in danger
• If they see evidence in plain view from outside

Even without a warrant, if you say “yes” when they ask to come in, they may legally enter. Consent must be voluntary and unambiguous.

What if you say no?

If you do not give consent and police do not have a warrant or another legal reason, they must leave. You have the right to close the door. Refusing entry is not a crime. Knowing your rights on searches and seizures can help you handle the situation appropriately. If you have been charged based on a search of your home, you should seek legal guidance.

Some people assume that stun guns are legal everywhere since they’re considered a form of non-lethal force; however, that’s not the case. Each state has its own laws regarding this type of weapon.

What does Illinois law say about stun guns?

Illinois law restricts the ownership and use of stun guns of all types. In order to own or carry a stun gun, you need a Firearm Owner’s Identification Card that’s issued in accordance with the Firearm Concealed Carry Act. Without that qualification, it is illegal to have a stun gun in your possession. It’s also illegal to possess one if you have on a hood, robe or mask that conceals your identity.

The laws also dictate how a stun gun must be transported if it’s in a vehicle. It must be immediately inaccessible, broken down so it’s not usable or locked in a case. There are also limitations to where they can be carried. For example, state law forbids stun guns from being carried in these locations:

• Schools
• Public transportation
• Government buildings
• Places that sell alcohol
• Public gatherings that require a license
• Public gatherings where admission is charged

Facing charges related to stun guns can be a serious matter since these are considered weapons charges. Because Illinois laws are so strict, it’s beneficial to have someone assist you develop your defense strategy to address these charges.

But the prosecution has a witness. This person claims that they saw you committing the crime in question. They identify you when compared to other potential suspects.

You don’t know of any reason why this witness would want to lie, and they appear to be serious: They genuinely believe that they remember seeing you there, even though you honestly know that you were not. How could this have happened?

The telephone game

The issue is with human memory itself. Every time you think about a memory, your brain has the chance to change or distort it. These changes can then be stored so that the next time you recall it, you believe the memory is accurate.

This has often been compared to the telephone game, where people whisper a sentence to one another, moving down the line. By the end, the sentence is very different than when it began. The same thing can happen with a memory, leading to an inaccurate identification by the witness.

This is why it is a problem if witnesses talk to other people about the case, read about it or simply spend a lot of time thinking about what happened. Doing so is natural, but they could be inserting details that they get from elsewhere into their own memories.

In complex cases like this—especially if you’re facing serious charges—it’s very important to understand all of your legal defense options.

Is this a permanent restriction? Can a convicted felon ever legally own a firearm again, or are they forever barred from exercising this fundamental right?

The law will always aim to protect public safety

In general, federal law prohibits convicted felons from owning firearms. The Gun Control Act of 1968 makes it illegal for individuals with felony convictions to possess guns. This law applies nationwide, including in Illinois.

But does this mean you can never own a firearm again? Not necessarily.

There may be pathways to regaining gun rights

There are potential paths to restoring your gun rights, but they depend on various factors:

• The nature of your conviction
• The time elapsed since your conviction
• Your criminal record since the conviction
• State laws where you reside

In Illinois, the process of regaining firearm rights is particularly strict. The state does not have a specific restoration procedure for felons.

Instead, you would need to seek a pardon from the Governor, which includes restoration of firearm rights. This process is lengthy and has no guarantee of success.

Some states offer ways to expunge or seal felony records, potentially restoring gun rights. However, Illinois law severely limits expungement options for felony convictions. Most felonies in Illinois cannot be expunged or sealed, making it even more challenging to regain firearm rights.

It is crucial to note that attempting to possess a firearm as a convicted felon without proper restoration of rights is a serious federal offense. It can lead to up to 10 years in prison and hefty fines.

Remember, laws change, and interpretations vary. What applies today might not tomorrow. Only a qualified attorney can provide up-to-date, personalized legal advice for your situation.

But don’t worry. So long as you start building your criminal defense early enough, there’s time to think through the criminal defense options available to you so that you can choose the one that’s best suited to protect your interests and shield you from violation of your Constitutional rights. So, let’s look at some of your criminal defense options in a drug case so that you have direction in crafting an effective legal strategy.

Tips for building an effective drug case criminal defense

We know it can be overwhelming to face drug charges. But don’t let the pressure of the situation paralyze you into inaction. Instead, consider doing the following so that you can develop the strongest criminal defense strategy possible under the circumstances:

1. Analyze the search that led to seizure of incriminating evidence: There are a lot of rules that have to be followed when executing a search warrant or relying upon an exception to the general warrant requirement. If the police fail to abide by them, then there’s a good chance that your rights have been violated. This could give you the opportunity to suppress that illegally obtained evidence, meaning that you block it from being used against you. If you’re successful, then the prosecution might be left with nothing to demonstrate that you committed a crime.
2. Talk to and depose witnesses: Witness testimony could be key to your case. You need to know what these witnesses are going to say so that you can use their testimony to your benefit, even if it’s to contradict their own statements and attack their credibility. The best way to anticipate witness testimony is to speak to favorable witnesses and depose those being put forth by the prosecution. A deposition will lock a witness into their statements, giving you something to refer to if their story changes at trial.
3. Consider the circumstances: Generally, prosecutors have to prove that you had knowledge of the crime in question. For example, in a possession case, you have to have knowingly possessed the drug. If someone you were traveling with or hanging out with at the time of the arrest planted narcotics on you to avoid getting in trouble themselves, then you could be arrested and charged. But by showing that you didn’t know that the drugs were put in your possession, you might be able to beat the charges levied against you.
4. Scrutinize testing: Before obtaining a conviction, prosecutors will have to show that the substance in question is actually an illegal drug. They do this by sending the substance to a laboratory for testing. If the substance was mishandled or poorly tested due to faulty lab equipment, then you might be able to block that evidence from being used against you.

Don’t give up hope in your drug case

Even when the evidence seems stacked against you, there may be ways to beat the prosecution’s drug case. That’s why it’s imperative that you assess the facts of your case with an aggressive eye, looking for every opportunity to fight back against the prosecution’s assertions. By doing so, you’ll hopefully be able to secure an outcome that protects your freedom and your future while allowing you to get back to your normal life.

When you are pulled over, the police may ask if they can search your vehicle. You might say yes, believing that you have no other choice.

Your constitutional right to refuse a search

However, the police only have the right to search your vehicle in certain situations. The Fourth Amendment to the Constitution protects you from unreasonable searches and seizures.

This means that police officers cannot search a location, such as your home, unless they have probable cause to believe that the location contains evidence of a crime. You have somewhat less protection in your car, but still the police generally must have probable cause to search your car’s trunk and other enclosed areas in your car..

Do not underestimate the importance of this constitutional right. Evidence recovered in violation of your right against unreasonable searches and seizures must be suppressed. Without evidence, prosecutors often have no case and are forced to dismiss the charges.

There are some exceptions to the warrant requirement that allow police to search your vehicle during a traffic stop without probable cause.

Consent

Consent is the easiest way for police officers to legally search your vehicle. As mentioned, police will likely ask for permission to search your vehicle. If you say yes, the police may search every area of your vehicle, including any closed containers, your glove box and your trunk.

Remember your constitutional right to refuse the search request. Your refusal can be simple. Stating that you do not give the officer permission to search your vehicle is a valid refusal.

You can also limit the search. For example, you can tell the officer that you give permission for them to search the front seat area, but nowhere else.

Plain view

Police can seize any item that is in plain view if they believe it is evidence of a crime. This is common in traffic stops that result in drug charges.

An officer may pull you over for speeding. If they walk up to your vehicle and see drug paraphernalia on the passenger seat, they can seize the paraphernalia as evidence of a crime.

To assert the plain view exception to the warrant requirement, the police officer must be in a lawful location when they see the evidence. They cannot lean into your vehicle further than necessary and then claim the plain view exception if they see something buried underneath a seat.

Additionally, the officer cannot move items around and then claim the plain view exception. For the exception to be valid, the officer must be able to see it without doing anything extra.

You can prevent a seizure of evidence under the plain view requirement by not keeping anything suspicious out in the open.

Inventory search

If you are arrested, the police can impound your vehicle and perform an inventory search. This allows them to search your vehicle and any evidence found can be used against you, even if it is unrelated to your initial arrest.

The best way to prevent the seizure of evidence from an impounded vehicle is to request that someone come retrieve your vehicle to prevent the impoundment.

Knowing these exceptions and how to prevent evidence from being seized under them can make a huge difference in the outcome of a traffic stop in Illinois.

With so much at stake, it’s imperative that you understand how Illinois handles this issue, that way you can formulate an effective criminal defense in the event you end up charged with possessing prescription medication without a valid prescription.

When can you be charged with possession without a valid prescription?

There’s really no limitation here. If you possess a narcotic medication and don’t have a prescription, then you can and likely will be charged. This is true even if your friend gives you something that seems innocuous, like a single Vicodin or Xanax to offset pain or discomfort that you’re feeling on a particular day.

Many people who possess a single pill are criminally charged. Others are accused of possessing these controlled substances with an altered prescription or through a fraudulent prescription. In all these instances, there’s a lot on the line in your criminal case.

What are the potential penalties for possession without a valid prescription?

There are lot of factors that can affect the answer to this question. Perhaps most important amongst them is the type of medication that was allegedly illegally possessed. This is because narcotics fall on a schedule of severity, and possessing those that are considered more severe have the potential to lead to more serious penalties. For example, illegally possessing something like fentanyl or amphetamine is going to be treated much differently than something like Klonopin or Xanax.

That said, when charged with possession without a prescription you could face anything from a Class 4 felony charge to a Class X felony charge. If convicted, then, you could be hit with anything from 1 to 30 years in prison and tens of thousands of dollars in fines. As if that’s not enough, a criminal conviction can have a ripple effect across nearly every aspect of your life, affecting everything from your employment to your ability to secure housing and spend time with your children. You could also be ordered to complete drug treatment and counseling programs.

How can you defend yourself against these charges?

The specific approach you take is going to depend on the facts of your case. However, here are some defense options that you might be able to utilize in your case:

• Show that you had a valid prescription at the time.
• Demonstrate that you didn’t intend to illegally possess the narcotic, such as by showing that they were left in your home or car by someone else.
• Argue that the evidence of criminality was illegally obtained through an errant search and seizure.
• Show mitigating factors that cause the court to grant leniency.

There might be other defense options available to you. Just be sure to fully consider the facts in play and what you can do to attack the weaknesses in the prosecution’s case.

Don’t let a criminal charge ruin your life

It’s easy to fall into despair when you’ve been charged with a criminal offense. But regardless of the facts of your case, not all hope is lost. There are steps you can take to try to obtain dismissed charges or an acquittal, and even if it looks like a conviction is likely, you might be able to minimize the ultimate penalties that you face.

So, if you’re worried about the charges levied against you, then now is the time to get to work building the strongest criminal defense possible under your set of circumstances.

It is essential for people confronted by these allegations to understand the law and how to craft a comprehensive defense designed to avoid a conviction or reduce the charges. In some cases, there can even be an acquittal.

Know the facts about firearm violations

The laws for possessing firearms and ammunition are clear and much depends on the age of the person who is alleged to have committed the crime. Those under 18 cannot legally carry any concealable firearm.

Those under 21 who have been convicted of a previous misdemeanor for crimes other than traffic violations or had been categorized as delinquent will also violate the law if they have a firearm or ammunition.

People labeled as being addicted to narcotics and those who were patients at a mental institution in the previous five years and have firearms or ammunition will also be charged. Those with mental disabilities or who have an “explosive” bullet can be arrested on firearms charges. Explosive bullets are specific types of ammunition that are designed to, as the name implies, explode on contact with its target.

Possession of ammunition is a Class A misdemeanor. Illegal possession of a handgun is a Class 4 felony.

An aggressive defense is key when facing firearms charges

Given the negative connotations of illegal firearms charges, people arrested need to think about the future. Simply because a person was arrested does not automatically imply guilt, nor does it mean their entire future is compromised.

There are avenues of defense that can be explored such as questioning the way in which law enforcement conducted the investigation and if there is a logical explanation as to why the person was in that situation. From the outset, it is imperative to explore all options and understand the gravity of the charges. This can help with formulating a comprehensive and effective defense for all weapons offenses.

But how can you effectively defend yourself against allegations of violent crime? One of the strongest defense strategies that you might be able to utilize is self-defense. In this post, we want to look at Illinois’ self-defense law and how you might be able to use it to your advantage in your case.

The castle doctrine in Illinois

Our state’s so-called Castle Doctrine specifies your ability to defend yourself when you’re within your home. Under this law, you can stand your ground and don’t have a duty to retreat when you’re under threat of harm within your home. This means that if someone breaks into your home, then you can use reasonable force to protect yourself.

The castle doctrine is a limited form of self-defense when compared to often talked about stand your ground laws. Stand your ground laws allow you to exert force to defend yourself in any circumstances without a duty to retreat, whereas the castle doctrine is only applicable to threats within your home.

However, to properly invoke the castle doctrine, you have to prove a few elements. To start, you must demonstrate that you were under threat of imminent harm. This means you weren’t just threatened but were likely to be immediately hurt if you didn’t take action. Of course, in the heat of the moment it can be hard to accurately gauge whether you’re under threat of imminent harm, which is why the law applies a reasonableness standard. So long as you reasonably believe that use of force is necessary to protect yourself or another from imminent harm, then you should be within your self-defense rights pursuant to the castle doctrine.

Can deadly force be used?

Yes, under certain circumstances. For deadly force to be justified, you have to show that you reasonably believed that the deadly force was necessary to protect yourself or someone else from death or great bodily harm. You can also use deadly force within your home if doing so is necessary to prevent a felony from occurring.

However, deadly force in protection of your home and property is limited. Here, deadly force is warranted only if the entry into your home is violent and if you reasonably believe that your use of force is necessary to protect yourself or someone else against assault or some other form of violence. Again, you can also use deadly force if you reasonably believe that doing so is necessary to stop the commission of a felony.

Do you need help building your self-defense case?

Your life is on the line when you’re charged with a violent criminal offense. Although raising self-defense arguments might seem like a straightforward way to protect yourself, the language in the statute gives a lot of room for argument for both you and prosecutors.

Therefore, as you prepare to build your criminal defense, take the time needed to analyze the facts of your case considering the castle doctrine and existing case law. By doing so, you might be able to find a path forward to reduced charges, lighter penalties, dropped charges, or acquittal.

Probable cause

If an Illinois officer has probable cause to search your vehicle, they may do so without a warrant. If an officer has a reasonable belief that a person was involved in a drug crime, and a reasonable belief that there is evidence of said crime in the vehicle to be searched, the officer may have the probable cause needed to search the vehicle without a warrant. Probable cause must be based on a totality of the circumstances (e.g., an odor of drugs coming from the vehicle), not just a feeling or a hunch.

Consent

If you consent to a search of your vehicle, an officer does not require a warrant to perform the search.

Plain view

If there are drugs on your seat, or otherwise, in plain view of the officer, the officer is allowed to seize that evidence and continue to search your vehicle. However, the officer may only search the areas that could possibly contain evidence of the crime.

If an officer searches your vehicle unlawfully, they have likely violated your Constitutional rights. Evidence of a drug crime that was obtained during an unlawful search and seizure of your vehicle will generally not be allowed into court.

But what are your options when it comes to building a DUI defense? Fortunately, you might have several ways to attack the prosecution’s case. Let’s look at some of them here.

How to defend yourself against DUI charges

Depending on the facts of your case, some defense options may not be realistic. However, as you start to think about how to proceed with your criminal defense, you should consider these DUI defense options:

• Arguing that the breath test was inaccurate: The police and prosecutors like to think that breath test results are the gold standard and are a clear indication of intoxication and guilt. Yet, these tests are prone to error, and for a variety of reasons. The testing machine used in your case may have been improperly stored, calibrated, or used. If law enforcement failed to abide by applicable practice standards, including failing to wait until you’re no longer burping, then the test’s results may be skewed. You need to gain access to storage and calibration records, and analyze how the machine was used in your case so that you can point out any errors that will support your defense.
• Showing that the police conducted an illegal traffic stop: A lot of DUI arrests are conducted after a traffic stop. But if the traffic stop was illegally conducted because the police lacked reasonable suspicion that you’ve committed a crime, then any subsequently gathered evidence is considered fruit of the poisonous tree. In these instances, then, you can block otherwise incriminating evidence from being used against you.
• Demonstrating filed sobriety test errors: Field sobriety tests are used to determine if you’re exhibiting signs of intoxication. The results of these tests are then used to justify a breath or blood test and an arrest. But all too often these tests are improperly carried out. The police office conducting them can give poor instructions, and your performance on the test may be misinterpreted in light of the condition of the ground or your medical condition. If you highlight these issues, then you might be able to minimize the impact of field sobriety test results in your case.
• Pointing out chain of custody errors: When the police take blood from you for purposes of testing it for alcohol content, they have to ensure that the sample isn’t compromised from the time it’s collected until the time that it’s tested. If you can show that it was improperly stored or transported, then you might be able to raise concerns about the blood test result’s reliability.

Put forth the best criminal defense possible in your case

If you want to fight back against the prosecution, then you have to present an aggressive criminal defense. Failing to do so will leave you susceptible to conviction and the harsh penalties associated with it.

So, even if a plea deal looks likely in your case based on the evidence at hand, you shouldn’t accept anything until you’ve thoroughly vetted your defense options. After all, there might be one that allows you to escape conviction altogether.

When you’re under suspicion form criminal wrongdoing, it might be tempting to contact investigators to try to set the record straight and clear yourself of any suspicion, but this is extremely dangerous.

Reasons why you shouldn’t talk to the police if you’re under investigation

To protect yourself as much as possible, you should probably avoid talking to the police unless advised otherwise by your attorney. Here’s why:

• The police can lie to you about evidence they have against you, simply to get you talking.
• The police might intimidate you or threaten criminal charges against your loved ones to try to get you to confess to the criminal act in question.
• The police can misconstrue what you’ve said to paint you in an unfavorable light that makes you look guilty.
• You might inadvertently misstate a fact that the police can then use to attack your credibility.
• The police might inaccurately recall what you said.
• The police might not advise you of your rights.
• The police aren’t able to offer you any sort of plea deal that you might be looking for.

Protect your interests throughout your criminal proceeding

A single misstep during your criminal case can lead to horrible outcomes for you and your family. To keep that from happening, think of how you can build the aggressive criminal defense arguments best aimed at destroying the prosecution’s case. By doing so, you’ll hopefully be able to beat the charges levied against you and salvage your future.

So, for example, what is the difference between a charge of robbery and a charge of burglary? Since these are usually crimes that are charged at the state-level, each state in the country might have a bit of a different variation on how these crimes are defined. But, in general, there are a couple of key differences.

Robbery versus burglary

The crime of robbery involves the use or threat of force to take property from another person. For instance, if a suspect is alleged to pull out a gun, point it at another person and say “give me your money,” those are usually sufficient facts to charge the suspect with robbery.

By contrast the crime of burglary involves entering a place without permission – the place could be a dwelling, other type of building or even a plane or boat – and then, while there, intend to commit a felony – usually theft.

These two criminal charges are oftentimes confused with each other, but they are really quite different crimes. If you are facing a robbery or burglary charge in Illinois, or any other violent crime charge for that matter, it is important to take the time to evaluate every part of the case to prepare a solid criminal defense strategy.

According to one recent study, between 2013 and 2021, here was a 111% rise in the number of fatal crashes involving a driver who tested positive for cannabinoids in Illinois — from 96 in 2013 to 203 in 2021. There are multiple ways to look at this data, but many policymakers are convinced it shows a serious problem.

Drugged driving vs. drunk driving

In many ways, Illinois treats drugged driving the same way it treats drunk driving. It is against the law for anyone to operate a motor vehicle if they are under the influence of any drug that has rendered them unsafe to drive. The fact that they have used the drug legally makes no difference to this determination. Penalties for even first-time offenders can include a jail sentence of up to a year and a one-year loss of driving privileges. They get much more severe for subsequent offenses.

However, measuring intoxication can be very different depending on whether the intoxicating substance is alcohol or cannabis products.

Most of us are familiar with the so-called legal limit for drunk driving: Under Illinois law, a driver has committed per se DUI if they are found to have a blood alcohol concentration of 0.08% or higher. The legal limit is lower for certain types of drivers.

Police have several ways of measuring a driver’s BAC. One of the most common is to use a chemical breath test, such as the ones sold under the brand name Breathalyzer. The reliability of these devices is questionable, and so police often try to get a blood or urine test, both of which are considered more reliable methods. However, to get these tests, the police must generally drive a suspect to a facility where a trained professional can administer the test.

Police have various other means of gathering evidence to show that a driver was drunk. They can report that the driver had alcohol on their breath or was slurring their words. They can make the driver perform simple tasks such as walking in a straight line, and then report on how they fared.

Illinois law uses a different standard for cannabis intoxication. The so-called legal limit is 5 nanograms of THC in blood or 10 nanograms in any other bodily substance. A driver found to be over this legal limit is presumed to have committed DUI. However, Illinois does not currently recognize any cannabis equivalent to the Breathalyzer device. To measure the THC in a driver’s system, they must get a trained professional to administer a more invasive type of test. However, the police generally need probable cause to believe the person has committed a crime before they can arrest the person and bring them to a facility for a test.

As a result, police officers who suspect a driver is too high to drive may rely less on scientific tests and more on their observations of the driver’s behavior.

With the holiday season approaching and people attending parties, gatherings and events, there will likely be alcohol and other intoxicating substances available. Underage drivers could find themselves confronted with DUI allegations. Knowing the basics of these charges, how evidence is accrued and what defense options are available is key to try and reach a positive outcome.

Zero Tolerance for underage DUI

Since people need to be 21 to legally consume alcohol, there is what is called “Zero Tolerance” in the state. If a driver under 21 has a blood alcohol concentration even in a minimal amount, they will be charged with DUI under this policy. Their driver’s license will immediately be suspended for three months.

If they refuse to take a test when asked to do so be a law enforcement officer, the suspension will be for six months. A second underage DUI offense will lead to a one-year suspension. Refusal will result in two years.

Upon a conviction, the driver’s license will be suspended for at least two years. They can be incarcerated for up to one year with a fine of up to $2,500. The second conviction will spark a five-year driver’s license suspension if it happens within 20 years of the first. They can be imprisoned for five days or have 240 hours of community service. The fine can be for up to $2,500. The penalties escalate to felony level for a third underage DUI.

In addition, there might be acts that contributed to acquiring the alcohol and can result in charges. If the person had a fake ID to show they were 21 when they were not, it can be the catalyst for a driver’s license suspension.

A DUI defense is possible regardless of the driver’s age

Just as a person who is legally allowed to drink alcohol can forge a DUI defense, the same is true for those under 21 charged under Zero Tolerance. This is imperative because an underage driver who is convicted of DUI can face the above penalties along with issues with school and getting certain types of employment. It is vital to know what can be done to address the charges effectively and avoid the worst-case scenario.

Potential penalties

The penalties for resisting arrest can vary based on the circumstances, but generally you can be charged with a misdemeanor or a felony. A felony conviction will carry more severe penalties.

You may also be ordered to pay fines, which can range from hundreds of dollars to several thousand dollars. The court may sentence you to jail, with can last a few days or months or prison, which can last several years.

Alternatively, you may receive probation which means that you will be monitored to ensure you are meeting court conditions like visits with a probation officer and drug testing. In other situations, the court may order you to complete community service.

Potential defenses

One common defense is that the police officer did not have probable cause to arrest you. If the arrest is unlawful, then you may be able to argue that the resistance was appropriate. Also, if you reasonably believed that you or another person were in danger of physical harm, you may be able to use a self-defense or defense of others strategy to challenge the accusation.

If you were not aware that the person arresting you was a police officer, that may also be used as a defense as well as if the police officer arrested you instead of the person who committed the crime.

You may also be able to use duress or coercion as a defense if you were threatened or intimidated by the police officer.

Search warrant basics

What is a search warrant? Simply stated, it is a document in which law enforcement officials must specifically state where they are searching, what they are searching for, what they expect to find and why. And, the document must be signed by a judicial official – basically, signing off on the legality of the search warrant and the intended search.

Criminal law is filled with examples of search warrants gone wrong – from wrong addresses to improper execution of the search, and everything in between. Evaluating the search warrant, if one was involved in your case, is oftentimes one of the very first steps in the overall defense strategy. This is because, if there were violations of your constitutional rights, the entire case might be dismissed.

Every case is different, with widely differing facts involved in any given situation. And, not all drug cases involve search warrants. Building a defense case against drug crime charges is hard enough, but if there is a search warrant involved there is an extra layer that needs to be scrutinized. Be sure to get the right information about your case and how flaws in a search warrant might play a key role in your defense strategy.

The Pretrial Fairness Act, which went into effect Sept. 18 ends the practice of cash bail for pretrial release. This means that thousands of people who have been charged with a crime can be allowed to go home before their trials without having to first secure bail.

Years of criticism

The new law comes after years of criticism of the cash bail systems in Illinois and other states.

In theory, the U.S. Constitution guarantees every defendant the right to a speedy trial and holds that no one shall be deprived of their liberty without due process. However, many arrestees are kept in jail before their trial dates. In many cases, these trial dates are set for weeks or months in the future, or even longer.

In order to secure their release, these defendants must provide bail money. Some defendants do this by taking out enormous loans — often at high rates of interest. Many can’t get the loans or can’t afford to pay them back, and so they’re stuck behind bars waiting for their trials.

Critics say Illinois’ old system was unfair to defendants from disadvantaged backgrounds and was used disproportionately against people of color. There are many horror stories about people who were accused of relatively low-level crimes and had to spend months behind bars while they waited for trial. Many such defendants were eventually found not guilty and freed, but suffered irreparable harm to their personal and professional lives.

The new system

Under the new system, defendants accused of nonviolent crimes, such as many drug related crimes, can be set free before their trial dates. Those accused of violent offenses, offenses involving a gun may have to remain behind bars before trial. In these cases, a judge decides whether to keep the defendants by assessing risk factors, such as the presence of any prior convictions and the chance they might flee the state.

Illinois is one of the first states in the country to eliminate cash bail. No doubt, law enforcement, lawmakers, attorneys and many others will be watching closely to see what effects the new law will have on the state’s criminal justice system. But the immediate effect may be a huge burden off the backs of thousands of Illinois residents who have been accused of crimes.