Posted on April 09, 2020 in Opiate Offenses

You've been in pain for a long time. You went through a surgery around 10 years ago, and ever since then, you've had chronic pain that hasn't let up. Your first interaction with opioid pain medications was after that surgery.

Your medical provider, at the time, told you that these drugs were completely safe. You were encouraged to fill your prescription on time and to ask for refills. As you found that your pain was not being treated as well over time, your doctor increased your dosage.

Today, in 2020, it's known that opioid medications can lead to tolerances, dependency and addiction. That came to light over time, but it was too late for you. At that point, you'd taken the pain medications for years, and you were left in a bind when the prescriber suddenly couldn't fill your prescriptions. You turned to illegal sources to obtain the medications you needed to handle your pain.

Unfortunately, even those with chronic pain and the best intentions can be charged for drug crimes. Physicians may be at fault for over-prescribing opiates, and it's true that pharmaceutical companies weren't as forthcoming as they should have been about addiction or dependency involving these drugs. Nevertheless, you're the one who is now facing drug charges.

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 Posted on March 13, 2020 in Sex Offenses

According to news sources, rap mogul R. Kelly entered not guilty pleas to 13 felony counts in a new superseding indictment in federal court in Illinois on March 5. The indictment, which was unsealed in February, included a felony count for a new alleged victim.

During the hearing, prosecutors told the court that another superseding indictment would likely be filed within the upcoming weeks to add another alleged victim. Kelly's trial, which had been scheduled for April 27, was rescheduled for Oct. 13 upon a defense request. The defense attorneys said that they could not be prepared for trial by April 27 because of the addition of the new alleged victim.

Kelly is facing charges of sexually abusing numerous women when they were minors. He is also accused of filming himself having sex with the girls and running a racketeering scheme to procure minors. Kelly has consistently denied the sexual abuse allegations against him. In 2008, he was found not guilty following a trial on similar charges. In addition to the federal charges in Illinois, he is also facing charges in New York and Minnesota.

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 Posted on February 28, 2020 in Sex Offenses

Three Illinois men were taken into custody on Feb. 21 on charges including child sex trafficking and producing child pornography. The investigation into the men's alleged activities was launched in June 2019 by the Bloomington Police Department. The BPD's Criminal Investigation Division was assisted during the investigation by the Federal Bureau of Investigation. The arrests were made after a federal grand jury handed down multiple indictments on Feb. 17. The case is being prosecuted by the U.S. Attorney's Office for the Central District of Illinois.

A 20-year-old Bloomington man faces three child sex trafficking counts in connection with activities he was allegedly involved in between 2017 and 2019. He waived his right to a detention hearing and is being held by the U.S. Marshals Service. A 26-year-old Normal man is accused of child sex trafficking and producing child pornography in 2018 and 2019. He appeared in court for a detention hearing on Feb. 27. A 24-year-old Normal man also declined a detention hearing and is being held on multiple child sex trafficking and producing child pornography charges for acts that he allegedly committed in 2019.

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 Posted on February 12, 2020 in Sex Offenses

On Jan. 31, an Illinois woman was sentenced to 10 years in prison for sexually assaulting two teenage boys. She will also be placed under two years of mandatory monitoring after her release and will have to register as a sex offender for the remainder of her life.

According to media reports, the defendant, a 31-year-old resident of Geneva, was formerly employed as a teacher at Carpentersville Middle School. Between July 2013 and May 2015, she reportedly had sex with two different 14-year-old boys who attended the school. She was not their teacher at the time the incidents occurred, but she previously taught and tutored one of the boys. She was additionally accused of giving both of them marijuana.

During the trial, a psychiatrist testified that the defendant has been treated for mental illness since the age of 13. The psychiatrist also said she had been raped in the past and suffered post-traumatic stress disorder as a result. In addition, she has been diagnosed with a long list of mental health conditions, including major depression, bipolar disorder, dissociative identity disorder and borderline personality disorder. Due to these issues, the psychiatrist claimed that the defendant is unable to curb impulsive behaviors. Because criminal sexual assault is a class 1 felony, Illinois state law mandates that the defendant must serve at least 85% of her sentence before she is eligible for parole.

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 Posted on January 17, 2020 in Sex Offenses

A 23-year-old high school coach and former athlete was sentenced to serve 90 days in jail after she entered a guilty plea to engaging in criminal sexual abuse of someone who was more than five years younger than her. The woman will serve a probationary sentence until Dec. 20, 2021.

The coach was arrested and charged with a class 1 felony in August 2019. She worked at Washington Community High School in Tazewell County, Illinois, as a freshman girls' basketball and volleyball coach.

The coach is required to register as a sex offender. During her probation, she will also be required to perform community service hours. News sources do not state how many hours of community service she will have to perform. The coach reportedly played college basketball at Eureka College and Illinois Central College.

People who are charged with sex offenses might want to retain experienced criminal defense lawyers as soon as possible. Sex offense convictions can permanently alter the course of people's lives. After the people have discharged their sentences, they might still have to continue registering as sex offenders. They might also struggle to find jobs and housing, and they may have difficulty obtaining credit and loans. An experienced criminal defense lawyer might identify problems with the state's case against the client and work hard to build the strongest possible defense strategy. In some cases, an attorney might secure a favorable plea agreement if the evidence appears to be strong.

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 Posted on January 02, 2020 in Sex Offenses

Illinois residents may be interested in the effect that House Bill 2135, which lawmakers passed over the spring of 2019, will have on the statute of limitations for sexual assault crimes in that state. Removing the statute of limitations may allow prosecutors to prosecute sexual assaults that took place years into the past.

Lawmakers and those involved with crafting the law feel that this sends a clear message showing just how serious the state views sexual assault. Prior to this law, victims had three years to report their attack the law enforcement. Prosecutors had 10 years to file charges against the alleged offender.

House Bill 2135 will remove those limitations, allowing survivors to come forward many years after the attack. This law will apply to aggravated criminal sexual assault and aggravated criminal sexual abuse that has been committed against an adult. Another state law passed years ago that removed the statute of limitation for sexual assault crimes against children.

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 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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