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Hinsdale Illinois Criminal Defense Blog

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.

Illinois State Police find 70 pounds of cocaine in minivan

The Illinois State Police say that illegal drugs worth about $2 million were seized during a Dec. 17 traffic stop in Chicago. The vehicle stop was conducted as part of an ongoing narcotics investigation according to the ISP. A 33-year-old Brighton Park man was taken into custody at the scene in connection with the seized drugs. He is facing Class X felony drug charges and his bond has been set at $2.5 million.

The sequence of events began when ISP officers observed a semi-tractor trailer exit Interstate 55 at Kingery Highway and make its way to an auto repair facility that appeared to be closed. A black minivan arrived at the scene a few hours later according to the ISP. Officers say that a man got out of the minivan and went inside the seemingly closed mechanics shop. He is said to have reappeared a short time later with unidentified objects in his hands. Police say that they then saw the man load the items into the minivan.

Two men detained with alleged drugs after police chase

Two men in Illinois have been detained on charges related to drug possession. The men were detained as a result of a surveillance operation set up by police after a neighborhood watch group in Kincaid alerted police to alleged suspicious activity. The Kincaid Police Department set up surveillance at the location when they observed a vehicle that was driving erratically. The police say they attempted to pull over the driver in a routine traffic stop when the driver of the vehicle sped off.

Police chased the vehicle to the city of Jeiseyville where one man exited the vehicle holding two backpacks. The man who exited the vehicle reportedly ran away, and the driver of the vehicle drove off. The 34-year-old driver was eventually stopped and detained by police, and the 35-year-old man who ran away on foot was found with the help of a citizen. Along with Kincaid police, the Illinois State Police Task Force, Christian County deputies, Morrisonville Police and Taylorville police were all involved in helping detain the two individuals.

Extradited Mexican man charged with drug trafficking in Illinois

The U.S. Attorney for the Southern District of Illinois has reported that a 32-year-old man who was extradited from Mexico in early November has been charged by a federal grand jury with conspiracy to possess and distribute methamphetamine and cocaine. The Mexican national could be sentenced to life imprisonment and ordered to pay a $10 million fine if he is convicted on all counts. He is being held without bond and his trial is scheduled to begin in January 2019, according to media reports.

The extradition and charges are the result of an investigation into the distribution of drugs in the St. Louis metropolitan area and Southern Illinois that began in 2014. Officers from local law enforcement agencies working with Drug Enforcement Agency agents are said to have tracked the supply of drugs to Mexico. The conspiracy to distribute illegal narcotics involved at least 19 individuals, according to the U.S. Attorney's Office.

Was your child accused of making terroristic threats?

In today's climate, any credible threat against a school or educational institution is treated as if it is the real thing. SWAT teams may be mobilized, classrooms emptied and students rounded up for questioning. There just is no margin of error when so many lives are at stake.

The flip side of this equation is that teens and adolescents are notoriously impulsive and subject to saying and doing many foolish things that they never intend to cause actual harm. When someone makes threats to set off a bomb or carry out a mass shooting at the local high school, that, in and of itself, is enough harm to land the perpetrator in jail for many years, regardless of the lack of intent.

Illinois Valley police report their biggest meth seizure ever

Two men face prison terms of up to 60 years after 19 pounds of methamphetamine was allegedly discovered in the Ford SUV they were traveling in. The drugs were found during a routine traffic stop on Interstate 80 in the Illinois Valley on the morning of Oct. 25. Due to the size of the drug haul, which is thought to be the area's largest methamphetamine seizure ever, the men have been charged with Class X felony counts and face longer prison terms and cannot be sentenced to probation.

The two men were taken into custody after their Ford Edge SUV was pulled over for an unspecified traffic violation in Bureau County near Spring Valley. While they were being questioned, a K9 unit is said to have alerted while conducting an air sniff around the vehicle. This prompted officers to impound the SUV and transport it to a Princeton Police Department facility for a more rigorous inspection.

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Gene Ognibene Associates

Gene Ognibene Associates
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