Clarendon Hills Criminal Lawyer

Get Your Free Consultation 630-984-5636
Gene Ognibene Associates
Menu Contact

Hinsdale Illinois Criminal Defense Blog

Crime lab fails to identify substance thought to be cocaine

Prosecutors have filed revised charges against a 24-year-old man taken into custody on March 15 after forensic specialists from the Illinois State Police were unable to identify the substance found in his car during a routine traffic stop. A field testing kit used by Altamont Police Department officers at the scene identified the substance as cocaine. Media reports indicate that the substance has now been sent to another crime laboratory for further testing.

The man was originally charged with manufacturing a controlled substance with the intent to distribute. He now faces a Class 3 felony count of manufacturing or delivering a look-alike substance and Class X felony counts of manufacturing or delivering more than 900 grams of a substance chemically similar to a controlled substance and trafficking a controlled substance. The man's attorney entered not guilty pleas to all three charges in a recent hearing and is scheduled to appear in court again on his behalf on May 30.

Man faces arson charges in grandmother's death

A 32-year-old Illinois man announced in court on March 26 that he had set the fire that led to the death of his 87-year-old grandmother several days earlier, on March 22. The man was appearing by video monitor from jail when he incriminated himself and said that he had done the act because of a mental disability.

The man is facing one charge of criminal damage to property, two charges of arson and two charges of aggravated arson. At one point, the judge reprimanded him for an outburst. She said people wanted him to keep quiet because they were trying to protect him. The man's brother and mother were present in the courtroom.

You should never accept Breathalyzer results at face value

Failing a Breathalyzer test is a frustrating and even scary experience for just about anyone, especially if they don't immediately see opportunities for building a defense. When a driver blows over the limit during a sobriety test, they may think that there is nothing they can do to fight the charges, since the Breathalyzer results clearly show that they were legally intoxicated.

In reality, there are many reasons to question the reliability of Breathalyzers, especially when their results can mean the difference between living your life freely or spending time in jail, losing your license, and facing significant fines, with a criminal record to boot.

House search leads to $1 million marijuana seizure in Illinois

Members of the Illinois State Police North Central Narcotics Task Force supported by officers from the Wheeling and Arlington Heights police departments reportedly discovered more than half a ton of marijuana during the search of a Chicago residence on March 5. Prosecutors from the Cook County State's Attorney's Office say that dealers could have raised more than $1 million by selling the seized drugs on the street.

Media accounts reveal that the marijuana was allegedly found in the garage of a Huron Street home, but they do not indicate what led police to believe the residence was being used to store or distribute drugs. Police say plastic bags containing about 1,129 pounds of vacuum-sealed marijuana were found inside several cardboard boxes. Police also claim to have discovered 1,688 liquid cannabis containers. A 38-year-old Chicago man was taken into custody at the scene in connection with the seized marijuana.

Alleged gang member held for drug possession in Lake County

On Feb. 19, a 22-year-old Illinois man was arrested for alleged drug possession during a traffic stop in Lake County. The defendant is reportedly a documented member of an area street gang.

According to the Lake County Sheriff's Office Gang Task Force, the defendant was pulled over near the intersection of North Fairfield Road and Lake Shore Drive in Round Lake Heights at around 11:30 a.m. During the stop, deputies allegedly found cocaine and ecstasy in his possession. They further discovered that he was driving without a driver's license.

How Illinois defines sexual assault

Illinois law makes it a crime to commit sexual acts involving penetration with those who don't or can't consent to them. Statutory rape is the term applied to situations involving an adult who has sex with a minor. Even if the act is consensual, the act is still a crime because the minor cannot legally give consent. In many cases, it can be difficult to determine if rape or sexual assault occurred.

This is because most acts occur in places where no other witnesses are present. Advances in police training as well as in technology used to investigate such crimes has made it somewhat easier to investigate them. In the state of Illinois, anyone who is convicted of sexual assault could face a minimum of four to six years in prison. Four years is the minimum sentence for a first offense, but six years is the minimum sentence for aggravated sexual assault.

What a nystagmus test is and how it's conducted and used

Drivers in Illinois facing possible DUI charges may go through a series of tests to determine if they are under the influence of alcohol, drugs or another substance. One of the common tests performed for this purpose is the nystagmus test. It's a type of test that assesses an individual based on involuntary eye movements. It's conducted by asking an individual to follow either a small flashlight or pen with their eyes as the object is moved back and forth in the front of the person's face from about 12 to 15 inches away, usually after being asked to step out of their vehicle.

Even though a failed nystagmus test often results in an arrest, a DUI defense attorney may challenge the results. However, it is legal for a driver to be stopped and tested if they commit a clear traffic violation, such as swerving on the road or running red lights. It's often when a driver is having trouble speaking or showing other signs of being under the influence that they are asked to submit to a nystagmus test and other field sobriety tests.

2 people busted with 16 pounds of marijuana

On Jan. 10, Illinois authorities arrested two people for allegedly dealing marijuana out of their Champaign home. The arrests were the culmination of a months-long investigation.

According to media reports, officers from the Champaign County Street Crimes Task Force executed a search warrant at a residence on the 1800 block of Parkdale Drive at around 6 a.m.. They were assisted by officers from the Champaign Police Department SWAT Team. During the search, officers allegedly found a large quantity of marijuana in vacuum-sealed bags and nearly $40,000 in cash. The estimated street value of the marijuana was $55,000. Officers also seized two pistols and two rifles.

Teens who sell or share drugs can face life-long consequences

For years, schools have been designated as "Drug-free" zones. That designation carries with it harsher penalties for anyone who possesses or sells drugs nearby. Despite all of the effort made to minimize the exposure of young adults to illegal substances, drug culture is still relatively prominent on high school campuses across Illinois and the country as a whole.

Regardless of the community, chances are very good there are at least a few students who are using illegal drugs recreationally. There are also probably a handful of students who are happy to supply friends or classmates with certain drugs.

Illinois traffic stop leads to drug seizure

A 24-year-old Illinois man was taken into custody on the night of Dec. 21 after police allegedly discovered cocaine, marijuana and Oxycodone pills in his vehicle during a routine traffic stop. The Chicago resident was transported to the Jo Daviess County Jail where he was booked on charges including the unlawful delivery of narcotics and obstructing identification. The second charge was added because the man is accused of giving deputies a false name to avoid being linked with several open warrants. He was also cited for speeding and driving without a valid driver's license.

A Jo Daviess County Sheriff's Office deputy operating a K-9 unit says that he pulled the man's car over near the intersection of Catlin Street and Main Street in Elizabeth at about 11:15 p.m. for speeding. The deputy says that his suspicions were aroused by the man's nervous behavior and the powerful odor of marijuana emanating from the vehicle.

Get The Help You Need

Schedule your free, no-obligation consultation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response

Gene Ognibene Associates

Gene Ognibene Associates
103 Ogden Ave
Suite 202
Clarendon Hills, IL 60514

Phone: 630-984-5636
Fax: 630-504-6370
Clarendon Hills Law Office Map

Firm Numbers