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This is the next post in a series of articles discussing defending against solicitation charges in Peoria, Illinois. My previous post addressed how violations of search and seizure rules may impact a solicitation case. Arrests made without the requisite probable cause may lead to the exclusion of evidence obtained against a defendant and could result in the dismissal of criminal charges. In this article, I will examine the criminal penalties and other consequences of solicitation convictions. Given the lasting impact of a solicitation conviction, it is imperative to retain an experienced attorney to defend your rights. If you or a loved one has been charged, then contact my office today to speak with a lawyer.

Under Illinois law, a first time conviction for solicitation is treated as a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. Convictions for additional solicitation offenses will result in increased penalties. Furthermore, if the activity involves a minor or occurs within close proximity to a school, the activity will be considered a Class 4 felony. A felony conviction could result in significantly longer jail time and higher fines. If you have been arrested on suspicion of solicitation, it is important to retain a defense attorney as soon as possible. Your counsel will help you understand the potential criminal consequences of a conviction and identify any defenses that may be available to you.

The ramifications of a solicitation conviction may extend beyond the criminal penalties outlined above. If found guilty of the charge, the defendant will have a permanent criminal record. This could impact the person’s ability to seek employment in the future. Many employers require background checks and disclosures of felony convictions, which could preclude you from being offered employment. Additionally, a solicitation conviction may result in the suspension or permanent revocation of a professional license, therefore preventing you from returning to your industry or trade. Again, engaging a defense attorney immediately after being arrested may help avoid these lasting effects of a conviction.

In addition to professional impacts, a guilty verdict may have significant personal consequences. For example, if the alleged activity involves a minor, the convicted party may fact sex offender registration requirements. This type of information is often publicly available and may be a life-long obligation. This may impact where you can live in certain communities and creates an obvious social stigma that may be difficult to deal with. Personal relationships, particularly with a spouse or other family members may also be permanently damaged by a solicitation conviction.

In light of the long-term impact of a guilty verdict, hiring a Peoria criminal defense attorney immediately following an arrest is imperative. Your legal counsel can help you navigate the system and identify defenses that may be available to you. Contact my office today to speak to a lawyer. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.

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This is the next post in my series of articles discussing defending against solicitation charges in Peoria, Illinois. My previous post provided an overview of the topics to be addressed in the series. It also emphasized the importance of engaging an experienced defense lawyer to represent you if you have been charged with solicitation. In this article, I will review a common issue that arises in these cases: evidence obtained through a violation of the defendant’s Fourth Amendment rights. If you have been charged with solicitation, contact my office today to speak with an attorney.

Evidence obtained in violation of a Peoria defendant’s Fourth Amendment rights may not be used to support a solicitation charge

The Fourth Amendment of the US Constitution requires law enforcement officials to follow certain rules when arresting a person suspected of committing a crime. These legal parameters apply when the police arrest someone for solicitation of prostitution. Police are required to have reasonable suspicion that a crime has been committed before stopping a suspect. In the case of solicitation, thanks to television and movies, one can easily imagine some obvious scenarios where police would in fact have probable cause of this type of activity. It is also quite possible, given the definition of solicitation, to envision circumstances where an overzealous officer makes an arrest without having the necessary reasonable suspicion of criminal activity. Remember, solicitation occurs when a person offers to engage in sexual acts with someone in exchange for money or other items of value. No actual sexual activity must take place for a person to be arrested for solicitation. Police observations of innocent interactions may be misconstrued as such activity. Without the necessary reasonable suspicion to support a solicitation charge, it may be possible to exclude certain evidence from the case.

Peoria solicitation charges sometimes result from a violation of the Fourth Amendment

Consider the following example. Suppose an undercover police officer notices a provocatively dressed woman sitting alone in a bar in an area of town known for prostitution activity. While observing the scene over a few hours, he notices that several men have approached and spoken to her. A fifth man chats with her and the two leave the bar together. The officer concludes that she must be a prostitute and arrests both individuals. The woman is charged with prostitution and the man is charged with solicitation of prostitution. He takes witness statements from the bartender and other patrons and security camera footage from the bar to use as supporting evidence. A knowledgeable defense attorney may make the argument that the officer did not have the necessary probable cause to make the initial arrest. Simply dressing provocatively and leaving with another patron, standing alone, may not equate to reasonable suspicion that a crime is being committed. The attorney would interview the same witnesses, review the camera footage and may file a Motion to challenge the stop of the suspects. If successful, the case may possibly be dismissed. This may result in the dismissal of the charges against the male charged with solicitation.

To pursue a Fourth Amendment defense, it is imperative to retain a knowledgeable criminal defense lawyer to represent you. Each case will be different and the court’s determinations are extremely fact specific. An attorney will explain your rights and options. If you have been arrested on charges of solicitation, contact my office today to schedule a consultation. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.

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This is the first post in a series of articles regarding defending against solicitation charges in Peoria, Illinois. Under Illinois law, a person who requests the performance of a sexual act in exchange for money or other items of intrinsic value has committed solicitation of prostitution. This offense carries not only serious criminal penalties, but long-lasting personal consequences as well. The goal in this series is to discuss common defenses and the importance of engaging an experienced attorney to vigorously defend your interests. If you or someone you love has been accused of solicitation, contact my office today to speak to a lawyer.

In this series, we will discuss the following topics:

  • Search and seizure issues in solicitation charges
  • Criminal as well as other consequences for solicitation charges and convictions
  • Expunging a prostitution or solicitation conviction

It is important to address these issues for a variety of reasons. First, law enforcement officials aggressively approach solicitation crimes. It is not uncommon for the evidence offered by the police to have been obtained through a violation of the suspect’s Fourth Amendment rights. Understanding how this may be a defense will be important. Second, it goes without saying that there are criminal penalties associated with a conviction for solicitation. The non-criminal consequences stemming from the stigma of such a charge can be equally devastating. Presenting a solid defense to solicitation charges will be essential. Third, for obvious reasons, if one is convicted of solicitation or prostitution, it will be important to understand if and when a conviction may be expunged from a criminal record.

Given the serious penalties, both criminal and personal, that could result from a solicitation charge or conviction, it is imperative to engage a criminal attorney to defend your interests. If you or someone you know has been arrested, contact my office today to speak with a Peoria defense lawyer. My office also represents clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.

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This is the final post in a series addressing marijuana trafficking charges in Peoria, Illinois. It has been my goal in this series to emphasize that marijuana distribution remains a serious state and federal offense. It has also been my goal to explain potential defenses to trafficking charges. The penalties for this offense can be significant. An experienced defense attorney can help you understand your rights. If you are in need of assistance, contact my office today to speak with a lawyer.

I have focused on several key topics in this series, including:

I chose to discuss these topics for a variety of reasons. First, in Illinois, possessing marijuana with the intent to manufacture or distribute is considered trafficking. The criminal penalties are determined on a sliding scale, increasing with the amount of pot being transported. Second, a potential defense to trafficking charges could exist if a police officer violates search and seizure rules. To understand whether a violation has occurred, it will be important to consult with a defense lawyer. Third, it is often the case that a person charged with trafficking is also charged with additional criminal activity, such as carrying a firearm illegally. When coupled with additional offenses, the penalties may be increased.

Given the seriousness of drug-related charges and the penalties that may result, I cannot stress enough the importance of retaining knowledgeable defense counsel to represent your interests. I am a Peoria attorney who is also licensed in Federal Court. Contact my office today to speak to a lawyer.

We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.

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This is the next post in my series discussing defending against marijuana trafficking charges in Peoria, Illinois. The previous article provided information about the impact of illegal searches and seizures. Evidence found in violation of the Fourth Amendment’s search and seizure rules may possibly be found inadmissible against a defendant. I also emphasized the importance of retaining a lawyer with criminal defense experience to represent your interests. This post will evaluate how evidence of drug trafficking coupled with other criminal activity may impact your case. If you have been arrested, contact my office today speak with an attorney.

Those charged with marijuana trafficking are often charged with related criminal activity. For instance, it is not uncommon for police locate a firearm in connection with a cannabis bust. If the suspect is not legally in possession of the firearm, he could be facing additional criminal charges. Federal and state “felon in possession” laws prohibit a convicted felon from possessing a gun. If a defendant in a trafficking case is a convicted felon, he may be charged with an additional federal or state charges. A gun charge may also elevate a misdemeanor trafficking offense to a felony and increase the penalties the defendant would have otherwise faced. Further, if convicted of multiple crimes, a judge may require the sentences for each crime to run successively rather than at the same time, resulting in longer periods of incarceration.

Despite the potential for more serious charges and penalties, a suspect may still be able to present a defense. It is important to note that some defenses to the underlying criminal offense may be defenses to the entire case against you. For instance, if the evidence was found during an illegal traffic stop, it may be possible to exclude the evidence on the basis that it was seized in violation of the Fourth Amendment. Under these circumstances, a court may dismiss all of the charges.

Other situations may lead to a partial exclusion of evidence. Suppose a defendant is charged with marijuana trafficking and illegal possession of a firearm. The charges are based upon evidence acquired during a valid traffic stop. The officer conducted a pat down search of the driver and located an illegal firearm on the driver’s person. Without a warrant, the police searched the trunk of the car and found a large amount of marijuana. In this case, the court may find that the frisk was legal and the gun charge would be valid. On the other hand, because the trunk search was illegal, the cannabis may be inadmissible. As a result, the drug related charge may be dropped.

Knowledgeable counsel can conduct a thorough investigation of the facts to determine whether a defense may be available. I am a criminal defense attorney with experience in these matters. Contact my office today to speak with a lawyer. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.

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This is the next post in my series of articles about defending against marijuana trafficking charges in Peoria, Illinois. The last post discussed what constitutes trafficking under Illinois and federal law and the potential penalties one might face if convicted of this offense. I also stressed the importance of retaining an experienced defense attorney to represent your interests. This article will discuss a common defense to cannabis charges: violations of search and seizure rights. If you have been arrested, contact my office today to speak with a defense lawyer.

Evidence obtained during an illegal search and seizure may not be used against a Peoria defendant

The Fourth Amendment of the US Constitution requires law enforcement officials to follow certain rules when searching for evidence of a suspected crime. These rules apply to police when they search a person’s vehicle during a traffic stop. First, the officer must have a legitimate reason for pulling someone over, such as a speeding violation or a missing tail light. The justification for the stop must not be a mere pretext for stopping the vehicle. During the stop, the police are within their rights to ask the driver to exit the vehicle and perform a pat down search. In addition, the officer may seize any items in plain sight and search the area in the driver’s immediate reach. Without a search warrant, however, a cop is not permitted to search within the trunk of the vehicle during the stop. Drugs or other contraband items found during the permitted searches may be admissible in court as evidence of criminal activity. If, on the other hand, law enforcement conducts an illegal search, it is possible that some or all of the evidence may be excluded. In some cases, this could result in a dismissal of the criminal charges.

Peoria drug trafficking charges sometimes result from a violation of the Fourth Amendment

Commonly, evidence of marijuana trafficking is found during a traffic stop. For instance, suppose Illinois police pull someone over for failing to use their signal when changing lanes. The police ask the driver to step out of the vehicle and frisk him. During the pat down, the cops find a bag of weed in the driver’s pocket. They also find a duffle bag in the passenger seat containing several more large bags of cannabis. Assuming the initial reason for the traffic stop was legitimate, this evidence may be used to charge the driver with trafficking. Now suppose, however, the defendant obtains a copy of the cop’s dashboard camera, which records the moments before he was pulled over. The footage shows he clearly used his signal appropriately. In this case, the police’s lack of justification for stopping the driver in the first place may result in a court deciding that the search was illegal. Therefore, the illegally seized evidence would not be admissible and the charges would likely be dropped.

Other possible Fourth Amendment related defenses arise when the police go too far with their search during a stop. For example, as stated above, a search warrant is required before the cops can search someone’s trunk. If an overzealous officer opens the trunk without a warrant, evidence found in the process will likely be inadmissible. Another defense may apply if a vehicle has been impounded. Law enforcement may impound a vehicle after arresting its driver and may inventory the contents of the car as part of their intake process. This includes items in the trunk. Drugs found during a legitimate inventory may be admitted as evidence. A defendant may challenge the validity of this process, however, if there is evidence that the police simply used the impoundment process to get around the search warrant requirement. If so, drugs found during the inventory may also be excluded.

To pursue these defenses, it is imperative to retain defense counsel with the experience needed to represent your interests. Your attorney will file the appropriate motions to suppress the evidence and have the opportunity to question the police at a hearing. Understanding the legal parameters and presenting your case to the judge will be essential to a successful challenge. Marijuana trafficking carries serious criminal penalties. A lawyer with knowledge of these matters can help you understand your options. Contact my office today to schedule a consultation.

We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.

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This is the second post in my series about defending against marijuana trafficking charges in Peoria, Illinois. The previous post provided an overview of the topics to be discussed in this series. It also emphasized the need for anyone facing cannabis trafficking charges to hire an experienced defense lawyer as soon as possible. Because the potential penalties for this crime may be severe, having knowledgeable counsel represent your interests will be imperative. If you have been arrested for a pot-related crime, contact my office today to speak with an attorney.

One can be guilty of marijuana trafficking in Illinois in one of two ways. First, one must knowingly bring (or knowingly cause someone else to bring) cannabis into the state with the intent to manufacture or deliver it. Second, possessing 2,000 grams or more will automatically be considered trafficking. The elements and penalties for this crime are set forth in Illinois’ Controlled Substances Act and Cannabis Control Act. It is important to understand that transporting even a small amount of pot across state lines may lead to trafficking charges. There is no minimum. These rules apply whether the defendant is transporting the plant form of the drug or derivatives, such as edibles or cannabis oil. In addition, because the offense involves crossing state lines, a defendant may face federal trafficking charges.

Penalties for this offense are determined on a sliding scale based upon the amount of marijuana in the defendant’s possession at the time of the arrest. Under Illinois law, possessing up to 2.5 grams of marijuana with the intent to sell or cultivate is a Class B misdemeanor. This may result in a fine of up to $1,500 and up to six months in jail. As the quantity of drugs increases, so do the potential punishments. For example, trafficking between 2.5-10 grams is a Class A misdemeanor, punishable by fines up to $2,500 and up to one year in jail. Trafficking between 10-30 grams is a Class 4 felony, facing fines of up to $25,000 and between one and three years in jail. The most serious cases (more than 5,000 grams of cannabis), are treated as Class X felonies, which can result in up to sixty years in jail and fines exceeding $500,000. Punishments may also be enhanced where the defendant sells the drugs to a minor or on school property.

If a suspect is charged with federal drug trafficking, the potential penalties may be even more severe. For example, if arrested with over 1,000 kilograms of marijuana or more than 1,000 plants with the intent to distribute or cultivate, a suspect may face ten years to life in prison and up to $10 million in fines. Furthermore, if the authorities have evidence that more than one individual is involved in the cultivation or distribution activities, the fine can reach up to $50 million dollars. Penalties will often be levied in accordance with the federal sentencing guidelines.

As one can imagine, often trafficking charges are accompanied by allegations of other criminal behavior, such as illegal possession of a firearm. In these situations, a person may be arrested on multiple offenses and face additional penalties. Depending on the facts of the specific case, however, it may be possible to successfully defend against these allegations. Common defenses often relate to the circumstances of the search and seizure following an arrest. In light of the severe consequences connected with trafficking charges, I cannot overstate the importance of retaining a criminal lawyer with extensive experience in Fourth Amendment issues to help protect your rights.

I am a Peoria attorney who is also licensed in Federal Court. Contact my office today to speak with a defense lawyer. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.

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This is the first post in a series discussing marijuana trafficking charges in Peoria, Illinois. Cannabis laws are changing rapidly across the United States. It is important to understand that the current trend toward legalizing pot for medical or recreational purposes applies to the use of the drug, but does not necessarily apply to distributing or manufacturing marijuana. Serious state or federal penalties may still apply depending on the circumstances surrounding the activity. My goal in this series is to provide information about trafficking charges and the potential available defenses. Given the severe consequences related to allegations of this nature, it is imperative to engage an experienced defense attorney to represent your interests. If you are in need of assistance, contact my office today to speak with a lawyer.

I will address several key topics in this series, including:

  • Penalties for trafficking marijuana
  • Search and seizure issues in marijuana trafficking charges
  • Enhanced penalties for trafficking when other offenses are involved

It is important for those facing allegations of cannabis trafficking to understand these issues for a variety of reasons. First, possessing even small amounts of pot with the intent to manufacture or distribute the drug will constitute trafficking under Illinois law. Knowing the potential penalties will be essential to understanding your options. Second, the police must follow certain protocols when searching a suspect or a suspect’s vehicle for marijuana. If an officer violates these rules, it may be possible to mount a defense to some or all of the charges on these grounds. Third, in many cases, marijuana related offenses are coupled with other types of criminal behavior, such as illegally possessing a firearm. This can create additional problems for the defendant in the form of enhanced penalties or multiple charges.

If you have been charged with a marijuana related offense, it is essential to retain knowledgeable defense counsel to represent your interests. I am a Peoria attorney who is also licensed in Federal Court. Contact my office today to schedule an initial consultation. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.

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This article is being written to conclude and recap my series on the handling of “felon in possession of a firearm” charges in Peoria, Illinois. I decided to write on this topic due to the fact that, for understandable reasons, those with a prior record may be unsure of what to do after they are arrested. It is important for those who find themselves in such circumstances to understand that they have options. The goal of my last several articles has been to provide information which will help people to better understand their situations. It has also been my goal to provide information which will assist with the selection of a criminal defense lawyer. If you are in need of assistance then contact my office today to speak with an attorney.

I have addressed a number of topics over my recent articles. Subjects which I have discussed include:

There are multiple reasons why I chose to address these topics. First, defendants in such matters will often find themselves charged in Federal Court. Under 18 USC 922(g), it is a federal violation to possess a firearm after having been convicted of a felony or domestic violence. This means a defendant may find themselves prosecuted by the US government. Second, those on probation or parole do not have the same rights against search and seizure as the rest of the citizenry. Third, defendants who have completed their supervision can possibly gain a dismissal by showing that law enforcement found the gun only by violating the Fourth Amendment. Finally, as with other criminal charges, the prosecution must be able to prove the case at trial.

One point I stressed through each of these articles is the need to contact a criminal defense lawyer immediately if you or a family member have been arrested. Counsel will help you to understand your options and will explain what you can expect from the process. As a former prosecutor, I am experienced in handling such matters. I am familiar with our local court systems and I take pride in the level of service my office provides. Call today to speak with a Peoria gun crimes attorney. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.

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This is the next post in my series on the handling of felon in possession of a firearm cases in Peoria, Illinois. My last article discussed how search and seizure issues impact gun charges involving felons. If one has completed their parole or probation then they will have the same Fourth Amendment rights as other citizens. This means that, depending on the circumstances, a search and seizure violation by law enforcement may result in a dismissal of the charges. How the Court will rule in any given instance, however, will always depend on the specific facts of the case. It is, therefore, crucial that you discuss your matter with an experienced criminal defense lawyer. In this article I will discuss the fact that prosecutors are required to prove the charges at trial. If you or a loved one require assistance then contact my office today to speak with an attorney.

Those with prior felonies sometimes make the mistake of thinking that there is “nothing they can do” after they have been arrested with a firearm. This is understandable when you consider the views of someone who has already had dealings with the criminal justice system. The fact of the matter, however, is that it is the government’s burden to prove that one knowingly and intentionally possessed the firearm. If the matter goes to trial, and the government cannot meet this burden, then the charges will be dismissed. Instances in which a defendant may wish to take a matter to trial can include those in which they were not aware that they were in possession of a firearm as well as those in which someone else actually possessed the gun.

Instances like the one I just mentioned are best explained by way of example. First, as I mentioned in a previous article, suppose a convicted felon borrows the car of another without knowing that there is a gun in the glove box. If officers stop the vehicle and find the gun, the individual may very well find themselves charged with possessing a gun that they did not know was in the car. At trial, defense counsel could submit proof that the accused individual did not own the car. Also, suppose that an individual is staying with their significant other and does not know that there is a gun on the premises, If the individual is arrested, the fact that it is not their residence can be raised at trial. Again, the best way to proceed will always depend on the specific facts of the case.

If you or a loved one have been arrested then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is experienced in handling gun related charges. I believe that everyone is entitled to a strong defense and I am ready to assist you. Call today to speak with an attorney. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.

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