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A McHenry County, an Illinois judge sentenced Oliver Woodstock to 36 years in prison this week for three counts of sexual assault. A jury found Woodstock guilty in February on one count of sexual assault. He entered into a plea agreement with prosecutors in March; in exchange for prosecutors dropping five additional cases against him, Woodstock would plead guilty to two additional charges of sexual assault. Prosecutors also agreed not to file any more charges against Woodstock if they uncovered additional victims in video recordings seized from his home.

The Woodstock case is unusual in that the victims were all prostitutes whom Woodstock had paid for services prior to the assault.

Illinois Craigslist Rapist

Woodstock was originally charged with sexually assaulting eight women, each of whom he had met on Craigslist and other online dating sites, with the intent of paying them for sex. Woodstock did, in fact, pay the women. According to trial testimony, what began as a consensual encounter quickly turned ugly.

Two women testified to similar stories at trial. Woodstock picked them up and brought them to his home, where he immediately escorted them to his basement. The women testified that Woodstock threatened to report them to the police as prostitutes, and became violent before escorting them upstairs to his bedroom, where he videotaped the sexual assault. The women could be heard saying “No” on the video recordings, and repeatedly asked Woodstock to stop because he was scaring them. Woodstock could be heard telling the women that he didn’t have to stop because he “paid them.” He also threatened to “hunt them down,” as he had their license plate numbers, if they reported the assault to the police.

Withdrawal of Consent as Defense to Rape

The defense argued that the encounter was a business transaction. The woman was a prostitute who was paid for sex, and thus the encounter was consensual. Because consent is always a defense to rape, Woodstock did not in fact commit sexual assault. Instead – for whatever reason – the woman changed her mind at some point during the encounter and decided to claim it was rape.

In some cases though consent can be withdrawn. In Illinois, consent can even be withdrawn while the sexual act is being committed.

In this case, it was clear from video recordings that the woman had withdrawn her consent to the sexual encounter: she repeatedly asked him to stop, and she indicated that she was afraid of him. In addition, he repeatedly threatened to report the woman to the police for prostitution. (Though not raised in this case, the argument could be made whether that threat was one that should have been taken seriously. Had Woodstock reported the woman to the police for prostitution, he would be placing himself in jeopardy of being charged with solicitation as well).

Had the above been a single isolated incident, the defense may have been able to convince the jury that consent was not withdrawn, but that this was a case of “buyer’s remorse.” But the prosecution had eight different women who testified to similar stories – and because Woodstock had recorded the sexual encounters, it also had the evidence to back the women up. In this case it was the pattern of behavior the videos documented – violence, threats, and each woman asking him to stop – that helped sway the jury that although the encounter started off consensual, that consent was ultimately withdrawn, making the encounter a sexual assault. Continue reading

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Chicago police received 48,141 reported incidents of domestic violence in 2013, including reports of assault, battery and unauthorized use of a motor vehicle. During that same time period they received 171,077 domestic violence-related calls. Domestic violence is a serious issue that affects not only the parties involved, but collateral victims as well, most notably the children. Most of the focus on domestic violence revolves around men as the batterer and women as the victim. But a recent Chicago murder highlights the fact that men can also be victims of domestic violence.

Chicago Domestic Dispute Ends With Woman Fatally Stabbing Boyfriend

killer-hand-1-1153640-mMiata Phelan, a 24-year-old pregnant woman who lives in Chicago, stabbed and killed her boyfriend, 28-year-old Larry Martin, on Cinco de Mayo. Why? Because he allegedly purchased gifts for his eight-year-old son and his cousin on a trip to the mall and nothing for her, even though her birthday was the next day.

Prior to the stabbing, Phelan reportedly kicked and scratched Martin in the car as punishment for his selfishness, and then took off with the vehicle when Martin stopped to run another errand, forcing him and his eight-year-old son to walk home, where he found the front door of the house locked. When he was finally able to get inside, Phelan stabbed him in the side with a knife – in full view of his son – screaming, “I hope you die.”

 

Martin died a few hours later at the hospital; Phelan was charged with first-degree murder.

Multiple Domestic Violence Charges in Single Incident

Although Phelan is charged with murder, this incident contains many elements of domestic violence and highlights the escalation of abuse, albeit in a compacted time frame. Each action on its own could be a crime under Illinois’ domestic violence laws:

 

  • Verbal abuse: screaming and calling Martin selfish because he seemingly failed to buy her a birthday present gift
  • Battery: kicking and scratching
  • Theft: driving away in Martin’s car
  • Aggravated battery:the stabbing
  • Murder:end result of the stabbing

Like many domestic violence cases, the violence escalated from verbal to physical abuse, with this case ending on the most extreme end of the physical abuse scale. In this case that escalation seemingly occurred in the same episode, although it is unclear if Phelan had a history of escalating domestic violence against Martin, and this was the culmination of months of abusive behavior.

Had Martin survived – and assuming he left her – Phelan’s actions would have subjected her to civil penalties as well as criminal. Martin would have most likely been able get an order of protection against Phelan, which could have resulted in her being forced to move out of the couple’s home, and could have caused her to lose her job. Her ability to gain custody of the couple’s unborn child would also have been adversely affected, as violence against one parent is a factor the court considers when making an award of child custody.

Absent the murder, this case is typical of many domestic violence incidents and demonstrate how much a single incident of domestic violence can impact numerous aspects of a person’s life. A skilled criminal defense attorney understands these long-lasting ramifications and is experienced in defending against domestic violence charges and civil orders of protection. Continue reading

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A Palatine man faces charges of first-degree murder and hiding a corpse in a 17-year-old homicide case. The alleged murderer, James Eaton, was arrested in early April after DNA evidence from a discarded cigarette linked him to the 1997 murder of 14-year-old Amber Creek, a ward of the state who had run away from the juvenile residential facility where she was living.  Illinois has no statute of limitations on murder, which is why Eaton can still be charged and potentially convicted of the 17-year-old crime.

Illinois Murder Investigations  revolver-704729-m

Eaton was charged with first-degree murder, which means that the prosecution will have to prove that he either intended to kill Amber Creek or knew that his actions would cause her death. There is also evidence that Amber was sexually assaulted prior to her death which, if proven, would be an aggravating factor that would result in a stiffer penalty if Eaton were to be convicted.

An Illinois murder conviction carries a mandatory minimum sentence of 20 years in prison; the existence of aggravating factors, such as if the murder was committed during the commission of another violent felony, such asrape, can add another 15 years to the sentence, or possibly result in the death penalty.

While murder is a serious charge no matter when it occurred, cold case murders raise a number of evidence and proof issues that an experienced attorney can use to poke holes in the prosecution’s case to raise reasonable doubt. An experienced attorney can work closely with forensic experts who are experienced in analyzing DNA evidence. DNA samples can deteriorate over time, and forensic experts can help determine if the DNA sample from the victim’s body allegedly linking her to the defendant was of sufficient quality and sample size to pinpoint the defendant as the murderer.

If the integrity of the DNA sample can be brought into question, an attorney’s team of private investigators would look into whether there was a possibility that the defendant and victim’s paths had crossed prior to death, which could provide an innocent explanation for his prints being on the bag – for example, since she had recently run away, he gave her (or she took from him) a bag to carry her belongings. Or perhaps eyewitnesses who had not come forward during the initial murder investigation have information showing that the victim was seen alive after her encounter with the defendant, which would decrease the likelihood that the defendant was the murderer.

Although the goal is to exonerate the defendant and get an outright dismissal of charges where possible, if it appears that the defendant did commit the crime, or that the prosecution’s evidence is so overwhelming as to make a conviction likely, a skilled attorney will work with prosecutors to get a reduction of the charges. While sex with a minor is a crime regardless of consent, a defense attorney can review the sexual assault law in effect in 1996 to determine if the sexual encounter could have been legal at that time, assuming consent on the victim’s part. He will also review the evidence to determine if there are any mitigating factors that could decrease any possible prison sentence or avoid imposition of the death penalty, such as was the murder intentional or could it have been manslaughter or possibly even self-defense. The defense attorney will use any piece of evidence that could raise reasonable doubt to help gain a dismissal or reduction in charges. Continue reading

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Once again Chicago police violated a citizen’s Fourth Amendment right against unlawful search and seizure. On April 30, the Illinois Appellate Court issued a ruling in People v. Sims re-affirming that police must have a reasonable suspicion of criminal activity before they can stop and search an individual.

People v. Sims

In 2010 Henry Sims was stopped by a Chicago police officer after the officer witnessed Sims stuff something down the crotch of his pants and walk away. The officer knew that Sims had a prior arrest for unlawful use of a weapon. He proceeded to stop Sims because his “movement was consistent with someone that could be armed.” The officer immediately palmed Sims’ crotch where he felt not a weapon, but a bag that he recognized as containing narcotics. The bag contained 25 smaller bags, which testing revealed to be cocaine.  supreme-court-1-657696-m

At trial Sims moved to suppress the cocaine, arguing that the officer did not have reasonable suspicion that he was engaged in criminal activity, and that the stop there did not meet the requirements of a Terry stop. The court denied Sims’ motion; he was convicted of possession of a controlled substance with intent to deliver, and was sentenced to six years in prison.

The Illinois Appellate Court overruled the trial court’s decision, finding that the officer’s actions did not meet the two-part test required in determining whether a Terry stop is valid. Sims’ simple act of putting his hand down his pants did not give rise to a reasonable suspicion of criminal activity that would justify the stop – and a “hunch” by the officer that Sims had a weapon is insufficient to stop him. Since the stop itself was unreasonable, the search (or frisk) was also unreasonable, as it was not justified by a reasonable belief that the individual was armed and dangerous. Because the only evidence of Sims’ crime was the direct result of the illegal stop and search, the court overturned both Sims’ conviction and imprisonment.

People v. Sims is another in a long line of cases that support the individual’s right to not be harassed by police. As the officer even stated in his trial testimony, it is not illegal for a person to stuff his hands down his pants. He could have been cold, he could have had an itch, or he could have been readjusting, as males do from time to time. As the court noted, it is not the defendant’s responsibility to provide innocent explanations for his behavior; rather, the burden lies with the prosecution to prove that his actions raised a reasonable suspicion of criminal activity. But these innocent explanations are ones that a skilled defense attorney would raise in court during a motion to suppress, or at trial to raise reasonable doubt.

The recent passage of Illinois’ concealed carry gun law will make it even more difficult for an officer who has a reasonable suspicion that an individual has a gun, to further prove that he had reasonable suspicion reasonable suspicion that a crime had been, was, or was about to be, committed, since carrying a concealed weapon is now legal. The fact that an individual is seen stuffing a weapon down his pants or adjusting what appears to be a weapon in his jacket pocket is insufficient to make a stop; there is a presumption against the individual engaging in criminal activity, and since carrying a concealed weapon is legal with a permit, the presumption would be that, absent any other reasonably suspicious activity, the individual has a permit and is in legal possession of the concealed weapon. Continue reading

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A Chicago man who teaches GED and adult literacy classes to Cook County Jail inmates has been charged with custodial sexual misconduct for allegedly having sexual intercourse with a female detainee on two occasions this past January. Both the defendant and the detainee were over the age of 18. While there does not appear to be allegations that the sex was not consensual, Illinois law prohibits consent to intercourse as a defense in custodial situations. However, that does not mean that the defendant has no chance of having the case against him reduced or dismissed.

Custodial Sexual Misconduct in Illinois

Illinois law prohibits employees of any penal system or treatment and detention facility from engaging in any type of sexual conduct or penetration with a person who is in the custody of either facility. The law states that a prisoner or detainee is deemed incapable of consenting to the sexual conduct. Conviction under this statute is a Class 3 felony, which carries a possible penalty of 3-5 years in prison and up to a $25,000 fine.

Defense against Custodial Sexual Misconduct in Illinois

As already discussed, consent is not a defense to a charge of custodial sexual misconduct. But an experienced sex crimes attorney knows how to find the flaws in the prosecution’s case to get the charges reduced or dismissed.

Illinois law does allow as a defense to custodial sexual misconduct that the defendant “has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.” The class the defendant taught in this case had voluntary attendance, which means he likely did not have a class roster of inmates who would be in attendance. If the inmate came to class in civilian clothes and claimed that she was a Cook County jail employee, the defendant would have had no way to prove that she was lying, as he had no class list to check. An experienced criminal defense attorney would examine all of the circumstances, including the inmate’s actions, demeanor and clothing, to determine whether the defendant should have known she was an inmate.

It is also always a defense to any sexual assault charge that no sexual conduct took place, or in other words, that the alleged victim is lying. If none of the defendant’s DNA was found on the inmate, and if there was no other physical evidence indicating that any type of sexual conduct happened, the case would come down to he said/she said. In these cases, a criminal defense attorney would want to:

  • interview all potential witnesses;
  • interview anybody who knew the alleged victim, particularly prison employees who interacted with her on a daily basis;
  • review any of the alleged victim’s treatment or prison notes; and
  • review her criminal record, including the conviction that sent her to jail.

The purpose of this extensive review of the alleged victim’s background would be to see if she had made similar accusations against prison officials or others in a position of authority in the past; if she had a history of lying, or; if she had had any prior trouble with the defendant over attending the class. All of these could point to her having made up the story of sexual misconduct either to get back at the teacher for a prior slight – perhaps him rebuffing her advances – or as a pattern of past behavior. Proving that the alleged victim made the story up would result in an acquittal. Continue reading

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Illinois Cook County Sheriff’s officers arrested a Minneapolis man in March after a traffic stop revealed that the man had 25 pounds of crystal methamphetamine in his vehicle. Officers pulled the vehicle over in Arlington Heights after observing it commit several traffic violations. The drugs were found after the driver consented to a police search; the driver was then arrested and charged with possession of a controlled substance with intent to deliver. The arrest raises several issues that an experienced drug possession attorney would explore to determine whether the police exceeded their authority in the search, seizure and arrest. Such a violation of the defendant’s rights could help get the charges dismissed or reduced.

Stop, Search and Seizure of Vehicle

Illinois police are permitted to stop a vehicle if they have reasonable suspicion to believe that the driver has committed a traffic violation. In this case, an experienced attorney would review police reports to determine whether the police had reasonable suspicion to believe that the driver did in fact commit a traffic violation. The police report should reveal what prompted the officers to pull the vehicle over; if no valid reason is included in the report, it could indicate that the police acted on a “hunch,” which does not qualify as reasonable suspicion. Lacking a reasonable suspicion, the stop and everything that followed would be a violation of the defendant’s Fourth Amendment right against unreasonable search and seizure, and may lead to outright dismissal of the charges.

Next comes the search. Police claim that the driver consented to the search. An attorney would again review the police report and discuss with the client how consent was given. There is a difference between if the officer asked, “Would you mind if I searched the vehicle?” or instead stated, “I’m going to need to search the vehicle.”

The first question implies that the driver had the right to refuse, which is the case in all police stops; there is no requirement that you answer the police officer’s questions, and you are always free to go on your way unless an arrest has been made.  An arrest is made when you do not feel that you have the right to leave the scene.

The second statement, however, does not give the driver any indication that he is free to refuse the search and continue on his way. Consent is not freely given if the defendant feels that he cannot refuse. The search may also have been unreasonable if the reason for the stop did not warrant the search; for example, pulling the driver over for a broken taillight would not normally necessitate the search of a vehicle. If consent was not freely given, then discovery of the methamphetamines would be illegal.  A motion to quash the arrest and suppress the evidence would be filed and the evidence would be deemed inadmissible in court, thus leading to an outright dismissal of the charges.

An attorney would also investigate to determine whether the police could prove that the drugs belonged to the driver. Was the car registered to him? If the driver borrowed a friend’s car and did not know it contained drugs, it may be possible to have the intent to deliver charge dismissed. If the car did belong to the driver, had he lent it to anybody recently who may have placed the drugs in the vehicle without his knowledge? If the drugs were planted by a third party, then the intent to deliver charge would have to be dismissed. Both of these scenarios would also negate the charge of intent to deliver.

Intent to Deliver in Illinois  penitentiary-3-434119-m

The defendant in this case was also charged with intent to deliver, which carries stiff penalties; a conviction for possession of more than 900 grams of methamphetamine with intent to deliver is a Class X felony, which carries a possible prison sentence of 15 to 60 years and a maximum fine of $500,000 the street value of the drugs, whichever is greater.

An attorney will examine all the evidence to determine if any of the defendant’s rights were violated. If the evidence suggests a guilty verdict, he will zealously negotiate with prosecutors and the judge for a reduced sentence, or seek to reduce the charges or prison time in exchange for helping in an investigation of a larger drug ring. Continue reading

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Abortion is legal in the state of Illinois. But as a Humboldt Park woman discovered in January of this year, if you unintentionally cause the death of an unborn child, you could go to prison.

The woman was making a U-Turn from West North Avenue when she crashed in to a pregnant woman riding a scooter. The woman was tossed from the scooter, and doctors were later unable to locate the fetus’ heartbeat. The driver was charged with one count of felony reckless homicide of an unborn child and one count of aggravated DUI causing bodily harm after a DUI kit showed she had marijuana in her system.

Reckless Homicide v. Involuntary Manslaughter of Unborn Child in Illinois.  crashed-car-1148745-m

In Illinois reckless homicide of an unborn child occurs when the driver of a motor vehicle recklessly causes the death of, or great bodily harm to, the mother, which results in the unborn child’s death. The charge applies whether the person’s actions were lawful or unlawful. Reckless homicide is a Class 3 felony, punishable by two to five years in prison and up to a $25,000 fine.

If a motor vehicle is not involved, the charge is involuntary manslaughter.

Defense Against Illinois Reckless Homicide Charge

It is undeniably sad when an unborn child dies. However, even if you were involved in an accident that allegedly caused the death of that child, it does not automatically mean the death was your fault.

Like any vehicular case, David L. Freidberg will first look at the crime scene evidence and the police report. Experts may be able to disprove the prosecution’s claim that you caused the accident, or that it happened in the manner they claim. Experts will look at evidence such as eyewitness statements, video surveillance footage, skid marks, estimated speed and driving conditions in an attempt to reconstruct the accident to determine if your actions were reckless. They will also look at the actions of the other driver or pedestrian to determine if you even caused the accident.

Medical experts may also examine the mother’s medical history related to the pregnancy. Stillbirth, which is the in utero death of a fetus past 20 weeks gestation, occurs in 1 out of every 160 pregnancies; miscarriage, which is the spontaneous loss of a fetus prior to 20 weeks gestation, occurs in 10–25% of all pregnancies. It is therefore possible that the unborn child had died prior to the accident, and it was just discovered during the hospital’s examination of the mother following the accident. Examination of the mother’s medical records will show whether the mother had experienced any complications, or if the unborn child had any abnormalities, that could have resulted in an in utero death days or weeks prior to the accident.

If the unborn child died following the accident, medical experts would review the mother’s medical records looking for the same information. If an autopsy of the unborn child was performed, that may have evidence of an underlying condition that could have resulted in the child’s death, rather than the accident. The fact that an unborn child died near the time of the accident does not automatically mean the accident was the cause of death, and David L. Freidberg can help uncover other possible causes of death. Continue reading

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Illinois criminal defendants have a guaranteed right to a speedy trial under Illinois state law. Depending on the circumstances, a defendant must be brought to trial within 120 to 160 days following his arrest. There are also situations that can stop the speedy trial clock from running. If you’ve been arrested and charged with any crime in Illinois, you need an experienced criminal defense attorney who understands the time limits, the exceptions, and when it is to your benefit to invoke (or not invoke) the right.

Illinois Right to Speedy Trial in Criminal Cases

Under Section 725 ILCS 5/103-5,  Illinois guarantees criminal defendants a speedy trial. The time limit varies depending on the circumstances. The defendant must make a formal written request with the court to invoke his speedy trial rights.

If the defendant is in jail, the state has 120 days from the date he was taken into custody to bring the case to trial. If the defendant is out on bail or released on his own recognizance, the state has 160 days to bring the case to trial. There must also be one continuous period of incarceration. For example, if you are released from jail after 30 days because you made bail, but are then re-arrested for violating a condition of bail, the clock starts over.

If the prosecution does not bring the case to trial within the above time limits, the defendant must be released from custody or released from his bail requirements.

Exceptions to the Illinois Right to Speedy Trial

gavel-5-1409595-mThe right to a speedy trial is an affirmative right. This means that in order for the clock to start running, you must invoke the right. The clock will stop running if you request a continuance for any reason, including an evaluation to determine your fitness for trial.  This is why an experienced criminal attorney will usually try to have a continuance based on the State’s motion or order of court.

The prosecution may request a 60-day extension if, after exercising due diligence, it is unable to obtain material evidence and there are reasonable grounds to believe that granting a continuance will allow the prosecution to obtain that evidence.

In 2013 the Illinois Supreme Court ruled that the 60-day extension provision of the law can be given more than once. The ruling came in the case People v. Lacy. The defendant, Elijah Lacy was arrested and charged with murder in the 2007 death of a Carbondale, Illinois woman. Police arrested Lacy in 2009, and he was brought to trial in 2010 after Lacy requested several continuances.

The prosecution requested a continuance because the eyewitness, who lived in Missouri, was unable to travel due to a high risk pregnancy and would be unavailable for the trial date. The court granted the continuance and rescheduled the trial.

The prosecution requested a second continuance when its key police witnesses was deployed to Afghanistan and would be unavailable to testify. Lacy’s attorneys then filed a motion for the case to be dismissed because the two continuances exceeded the 60-day extension allowed under law. The trial court granted Lacy’s motion, and the appellate court agreed.

The Illinois Supreme Court reversed the dismissal and ruled that the law allows the prosecution a 60-day continuance for each piece of material evidence. In Lacy’s case, that meant that the prosecution was entitled to one 60-day continuance until the eyewitness would be able to testify, and a second 60-day continuance to allow the police witness to return from Afghanistan.

There are pros and cons of invoking the right. It may be to your advantage to allow the prosecution to take as much time as necessary, especially if the case against you is based largely on eyewitness testimony. As time goes on, memory fades, increasing the chance that the eyewitness will forget key details or change his testimony when compared to his initial statement. An experienced criminal defense attorney like David L. Freidberg can take advantage of these inconsistencies to help get your case dismissed or the charges dropped. Continue reading

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A new bill introduced in the Illinois legislature would extend the statute of limitations in some rape cases. Senate Bill 2609 seeks to change when the statute of limitations in rape cases begins to run. Current law provides that the statute of limitations in rape cases begins to run on the date the alleged rape occurred, if the alleged victim reported it to police within three years. If you are being investigated for, or have been charged with, committing rape, contact an experienced sexual assault attorney immediately.  depressed-girl-1030147-m

Proposed Changes to Illinois Sexual Assault Statute of Limitations

If the new law is enacted, the statute of limitations would begin to run on the date the police processed DNA evidence from the rape kit. The new law is in response to a case in which the alleged victim submitted to a DNA rape kit. By the time the police processed it, the 10-year statute of limitations had expired, and the prosecution was unable to file charges against the alleged rapist. The bill’s sponsor argues that victims should not be denied justice due to police mistakes, whether caused by a lack of competency or a backlog of cases.

Effect of Statute of Limitations Extension in Illinois Rape Cases

If SB 2609 passes, it will likely have little effect on the prosecution of rape cases. The case that spurred on the new law is no doubt a one-time case of severe police ineptitude not likely to be repeated, even if the police do have a backlog of rape kits to process. Even though opponents of the law say it does not give the police incentive to process DNA rape kits, since they know charges can be filed no matter how much time has passed between the date the alleged rape occurred and the date they final process the kit, the embarrassment over this case should keep them honest.

Passage of SB 2609 will have no effect on how the Chicago Law Offices of David L. Freidberg, P.C., will defend against sex crimes cases. Rape kits and DNA evidence are not the bombshell evidence the prosecution and media would have you believe. The rape kit only confirms whether the alleged victim and alleged rapist had sexual intercourse. If the DNA results from the rape kit show that the alleged rapist did not have sex with the alleged victim, then the charges will be dropped. And if the DNA results show that the two did have sex? Well, that’s all it shows.

Evidence of sexual intercourse is just that – proof that two people had sex. It is not evidence that a rape occurred. If the sex was consensual and no protection was used, of course the rape kit would find the alleged rapist’s DNA on the alleged victim. If it shows scratches, abrasions or other marks on or inside the victim, that still is not evidence that a sexual assault occurred.

David L. Freidberg has an arsenal of forensic experts who can examine the results of a DNA rape kit to determine whether there’s any possibility that the sample was improperly tested or not large enough for an accurate result. They can also testify to any number of harmless, non-assault reasons why marks or abrasions on the victim could have occurred, either during consensual sex or during the victim’s normal daily activities. Continue reading

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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.  weed-403-m

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

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