The Illinois State Constitution and Illinois statutes provide for limits on what sort of sentences can be imposed for crimes. Sometimes the rules can be vague, however, and in those instances courts oftentimes interpret the rules to the disadvantage of criminal defendants. Take for example the recent Illinois Supreme Court case People v. Ligon.
Fake Gun Leads to Real Penalties In Ligon, the defendant approached a woman in Cook County and displayed what the woman believed to be firearm. The defendant then stole the woman's truck. Later, police learned that the weapon was actually a BB gun. The defendant was convicted at trial of aggravated vehicular hijacking with a dangerous weapon other than a firearm. Because this was the defendant's third conviction for a Class X felony, the court found that under Illinois law he was a habitual offender and sentenced him to life in prison. The defendant’s initial appeal was denied, and in 2012 he filed a motion to vacate his conviction, arguing that his sentence violated the proportionate sentencing clause of the Illinois State Constitution. This clause states that “All penalties shall be determined both according to the seriousness of the offense and with the objective of restoring the offender to useful citizenship.” Illinois courts have interpreted this to mean that a defendant cannot receive a harsher sentence for one crime that has the same elements of a lesser offense. The defendant in Ligon argued that in its prosecution, the State had only established that the BB gun brandished during the hijacking could have been a bludgeon. This, according to Ligon, actually constituted the lesser offense of armed violence with a Category III weapon, an offense predicated upon the vehicular hijacking. The defendant then argued that, under that theory, the State was required to establish that the weapon used by Ligon was an actual bludgeon in order to convict him of the more serious offense. The difference here, though technical and hinging on statutory interpretation, was huge. On his initial direct appeal, the Appellate Court agreed with Ligon and vacated his life sentence. The Supreme Court, however, took a different view of the case. Rather than side entirely with the State or the defendant, the Supreme Court took a middle path between finding that the BB gun was a bludgeon or a firearm. The Court declared that the BB gun was a “dangerous weapon” under the common law, meaning that it had the potential to be used as a bludgeon that could cause serious harm, and the distinction between that and an actual bludgeon was unimportant in this case. Chicago Appeals Attorney Illinois criminal cases are complicated and at times the law is unsettled. As the above case illustrates, the details can be the difference between a fathomable number of years in prison and a lifetime in the penitentiary. If you are facing serious charges involving weapons, then you need experienced legal representation that understands Illinois criminal law. If you or a loved one has already been found guilty, you need an experienced lawyer to represent you on appeal. For more information, contact Barney & Hourihane today for a consultation. Illinois has long required that gun owners maintain a Firearm Owner's Identification card to possess firearms or ammunition within the State of Illinois.In 2013, the Illinois legislature made a new addition to the State’s often harsh gun laws by creating the Concealed Carry License.
Anyone wishing to conceal carry a firearm must have a FOID card. In addition, to obtain a Concealed Carry License from the State, you must:
While Illinois does not require nonresidents passing through the State to obtain a FOID card while in possession of firearms, nonresidents must also apply for a license to conceal carry in the State, and the requirements are even more stringent than for residents. 2015 Changes to Illinois Conceal Carry Laws As of 2015, even if you have a valid Concealed Carry License, police officers may secure your weapon if they stop you while you are in a car if they believe it is necessary to protect any person in the area. If the police determine that you are not a danger to anyone and are capable of possessing a firearm both physically and mentally, they may return it to you at any time. If you are taken into custody for any reason, police will inventory your firearm and issue you a receipt so that you may retrieve your firearm at a later time. The revisions to the law also affect concealed possession of a firearm while entering places that prohibit the concealed carry of weapons, such as courthouses or certain private businesses. The law previously required that the owner make sure his weapon is unloaded while parked in his vehicle before placing the firearm in the trunk for safekeeping. The 2015 changes to the law no longer require ensuring that it is unloaded before exiting your vehicle. Finally, the law adopts a new standard for developmental disability, which is a disqualification for a Concealed Carry License in Illinois. Under the new definition, someone is considered to be developmentally disabled if he or she is over the age of 14 and has significant limitations with at least three of the following: self-care, receptive and expressive language, mobility, learning, or self-direction. Obtaining a Concealed Carry License Illinois has tough gun laws, and it can be all too easy to run afoul of them no matter how careful you are. But remember, you have a constitutional right to carry a firearm. If you are interested in exercising that right in Illinois, you must first obtain a concealed carry license. If you have been denied a concealed carry license or would like more information on obtaining one, contact Barney & Hourihane. The State of Illinois has joined 22 other states and the District of Columbia in allowing patients to use marijuana to treat certain medical conditions. However, the Illinois Medical Cannabis Pilot Program is subject to some of the strictest regulations in the country, and simply obtaining a prescription from a physician is not enough to avoid any legal issues.
Who May Obtain a Medical Marijuana Prescription? Patients must have an established relationship with a physician who prescribes medical cannabis, and the marijuana can only be prescribed to treat one of 39 conditions approved by the pilot program. These conditions currently include seizures, rheumatoid arthritis, glaucoma, HIV/AIDS, and cancer. Other conditions may be added to this list in the future. Finally, all prescriptions must be registered with the state and reviewed by the Illinois Medical Cannabis Pilot Program before a state medical marijuana card will be issued. Illinois Medical Marijuana May Still Land You in Legal Trouble Under Illinois law, it is illegal to smoke marijuana within close proximity of a child. The state’s medical marijuana laws do not make an exception in cases where the marijuana was prescribed for a physician, so even smoking legal medical cannabis in the presence of a minor may result in criminal charges and possible issues with the Department of Children and Family Services. The law, however, is silent, on ingesting marijuana in other forms, such as edibles or lotions, so it’s unclear how a court would rule in one of those cases. Furthermore, despite the quasi-legal status of marijuana in Illinois, it remains illegal at the federal level in any form. Even if you have a medical marijuana card issued by the state of Illinois, federal law enforcement officials may confiscate marijuana from you, and you could be subject to federal prosecution. Most federal cases involve large amounts of marijuana, however. Because marijuana is illegal under federal law, employers are also able to continue to drug test employees, and may fire them or subject them to other discipline in the event of a positive drug test. Finally, if you have been accepted into the Illinois Medical Cannabis Pilot Program, it is important to follow all of its regulations. Failure to do so may result in expulsion from the program and revocation of a medical marijuana card. In that event, you will have few legal protections if a police officer finds you to be in possession of marijuana. Need Legal Help? Navigating new laws, especially those involving medical marijuana, is a tricky proposition. While marijuana is legal to use for treatment of certain medical conditions, it is still heavily regulated, and violation of those regulations could still result in criminal prosecution. That’s why it’s so important to contact an experienced Chicago criminal defense attorney if you or a loved one have been charged with a crime involving medical marijuana or other drugs in the Chicago area. For more information, contact Barney & Hourihane today for a consultation. |
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