Posted on December 06, 2019 in Sex Offenses

The Illinois Supreme Court ruled on Nov. 21 that prohibiting convicted sex offenders from accessing social media websites like Twitter, Instagram, Facebook and LinkedIn violated the First Amendment right to free speech. The six participating justices voted unanimously to overturn the state law ban. Chief Justice Anne Burke did not take part in the proceedings. The justices heard arguments in a case involving a man who was sentenced to four years of probation in McLean County for the sexual abuse of a minor. The man committed his crime when he was a teenager and did not use the internet to contact his victim.

The justices were unconvinced by prosecutors who argued that the social media ban helped to rehabilitate sex offenders by eliminating a source of temptation. One justice pointed out that the law does not differentiate between offenders who used the internet to orchestrate and commit their crimes and those who did not.

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 Posted on September 27, 2019 in Opiate Offenses

Illinois residents who are charged with opiate or opioid related crimes have a lot at risk if they are convicted. At the Law Office of Philip R. Nathe, we work to provide you with information on the potential impact of convictions you may be facing.

Opioids and opiates are considered illicit drugs. As such, they fall under the jurisdiction of drug-related criminal activity. Illinois cracks down heavily on drug users and drug-related crimes, regardless of how many times you have committed any in the past. Just a few of the impacts you might suffer from if you are convicted of a drug-related crime include:

• Fines
• Prison sentences
• Loss of financial aid or college grants
• Trouble renting or leasing homes or apartments
• Trouble getting hired due to charges showing up on your background check

As you can see, drug-related charges don't just affect you in the present time. Though many people focus on the immediate issues like being sentenced to jail or having to pay huge fines and fees, the effects of a conviction can last for years after the initial penalty is over. Drug convictions make it harder for you to find housing or employment, which can make reintegration into society incredibly hard.

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 Posted on August 14, 2019 in Opiate Offenses

Many people may be happy to hear about the impending legalization of marijuana in Illinois. They may not realize, though, that marijuana will not officially be legal until January 2020.

The Illinois legislature has steadily made steps to legalize marijuana. According to the Chicago Tribune, since 2016 people have been subject to a civil fine if they have 10 grams or less of this substance. Additionally, some state attorneys plan to aid people in the expungement of their records. The new bill proposed by legislators allows people to have up to 30 grams of marijuana if they purchase the substance from a licensed store or grower. The bill also permits the commercial sale of cannabis and allows people to remove certain cannabis convictions from their record.

However, it is important to remember that this bill will not legalize commercial marijuana sales until the beginning of next year. Until January 2020, the current state law is still in effect. This means that people are breaking the law if they purchase marijuana from a store which is not a licensed dispensary. Buying this substance without a medical marijuana card is also against the current state law. Until the new bill goes into effect, marijuana advocates and members of law enforcement say they want to help the public understand the new law, as well as help them understand the current law. One state attorney says that while law enforcement officers have to enforce the current marijuana laws, prosecutors are more concerned with people who are illegally dealing marijuana.

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 Posted on May 24, 2019 in Opiate Offenses

Drug and alcohol abuse is a serious problem for many in Illinois, and the problem is compounded when tainted drugs are sold to those who think they understand their tolerance level. To help counter this problem, a local mother is bringing attention to an old law in Illinois that is rarely used.

According to the Chicago Sun Times, the woman's brother died several years ago of fentanyl toxicity. At the time, she assumed the case would be treated as a homicide but was surprised when she was told cases such as that were not investigated. She mistakenly believed the Illinois Drug Homicide Law would be used because a homicide caused by drugs is a Class X felony in the state.

The law states that a death caused by absorption, ingestion or inhalation of a controlled substance delivered unlawfully is considered a homicide but although it has been on the books for three decades, has only been used a handful of times to investigate. The Chicago Police Department addressed the issue in a statement, saying that all overdose deaths were responded to and investigated.

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 Posted on April 12, 2019 in Opiate Offenses

Every day, residents of Illinois deal with the fallout of prescription drug abuse. While it may start innocently enough, the National Institute on Drug Abuse states that the overdose deaths involving opioids in Illinois are higher than the national rate. In 2017 alone, over 2,200 people died of a prescription drug overdose. Because these situations can often turn deadly or lead to criminal charges when the abuser gets desperate, it is important that family members and friends know what to watch for when it comes to drug abuse.

According to the Mayo Clinic, the symptoms of drug abuse differ based on the type of medication that is being abused. Those taking stimulants may seem hyper alert, have high blood pressure and body temperature and show noticeable signs of anxiety, agitation and paranoia. They may also have a reduced appetite and struggle to sleep at night.

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 Posted on January 04, 2018 in Drug Offenses

Over the years, judicial systems throughout the United States have undergone a growing recognition that normal criminal penalties may not be the best way to address drug crimes stemming from addiction. As a result, many states, including Illinois, have implemented a system of treatment courts.

Drug court can offer benefits to some, but they are not for everyone. An experienced defense attorney can give you more information and advise you as to the best course to take in your individual situation.

Treatment rather than punishment

Typically, an Illinois drug court operates within the structure of a normal criminal court. This program centers on treating the addiction rather than penalizing the specific offense.

Who is eligible?

To participate in drug court, defendants must meet eligibility requirements. In DuPage County, requirements include addiction to alcohol or drugs, no open cases from other jurisdictions, being over 18 years old and having either U.S. citizenship or legal residence.

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 Posted on November 15, 2017 in Opiate Offenses

When you think of a typical drug addict, does a stereotypical image of a homeless, jobless person come to mind? While there are certainly drug users who fit that description, addiction actually affects a wide range of people.

You may think your teen is safe because of your financially stable lifestyle, but there are more risk factors than just income level and education. In fact, according to one study, high socioeconomic status correlated with higher use of alcohol and marijuana in young adults. Become familiar with these relevant factors from DualDiagnosis.org to help you evaluate the risk of your teen or college-aged child becoming involved with drugs.

Mental health

Those with mental illnesses, such as bipolar disorder or depression, are likelier to abuse drugs. It may serve as self-medication to escape the symptoms of mental illness. Drugs may also have a more rewarding and addictive impact on unhealthy brains. Combined with the normal cognitive development of youth, susceptibility becomes high.

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 Posted on October 04, 2017 in Drug Offenses

Deciding to withdraw from heroin use is brave, but for many people, it is far from easy. In fact, because the severity of symptoms varies, some people may think it is easier than it is.

Here is a look at common heroin withdrawal experiences:

Timeline

Physical withdrawal takes about a week, but the timeline can begin well before that as the user considers whether to begin withdrawal. The thought may cause depression or anxiety, and it could be there are many failed plans to withdraw before an actual withdrawal kicks off.

And there can be more breaking away to do long after the physical aspect is over. A large part of it is psychological. For example, if a teenager started using heroin to fit in and make friends, what will he or she do now that heroin is no longer an option? If there is no substitute plan or activity, it can be easy to fall back on the old way of doing things, with legal trouble likely to result.

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 Posted on July 17, 2017 in Drug Offenses

Nobody wants to think that their own child would make the mistake of getting involved in drugs. Unfortunately, however, parents' naiveté may only allow the problem to persist and worsen before it turns into a legal issue. According to DoSomething.org, as many as half of all high school seniors view drugs such as cocaine and crack as potentially harmless.

The truth is that drugs are far more accessible to teens than ever before. It is easier than ever for kids — even good ones who follow rules and otherwise behave well — to get in trouble with controlled substances. The following are three ways your teen might be able to get access to drugs.

1. From friends at school

Drug use often stems from peer pressure. When a teen's friend starts smoking marijuana or using other drugs, it suddenly seems far less dangerous — and maybe even cool — to do the same. This is just one reason you should stay as involved as possible in your kids' lives and make an effort to get acquainted with all of their friends.

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 Posted on June 04, 2017 in Drug Offenses

Many states have changed their laws regarding marijuana use, whether medical, recreational or both. Illinois has not yet legalized cannabis, however, so you need to be aware of the current consequences of using it.

One of the effects marijuana has is weakening your psychomotor skills, which impairs your ability to drive. The extent of impairment depends on many factors, but regardless of your usage, you may face the same severe penalties as a traditional DUI.

Marijuana and motor vehicle accidents

Medicinal or recreational, legal or not, marijuana is a drug, and all drugs come with side effects. Although alcohol is the most common drug found in drivers who crash, marijuana comes in second, according to the the National Institute on Drug Abuse.

This is due to the intake of this substance resulting in physical and neurological changes:

• Dizziness or lightheadedness

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