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Illinois Criminal Law Podcast

No Apprendi Problem When Prior Adjudication Used To Extend A Sentence

October 31, 2016 By Samuel Partida, Jr.

People v. Jones, 2016 IL 119391 (October). Episode 248 (Duration 5:53)

Prior adjudications may be considered for extended terms proved up at sentencing with a PSI without any Apprendi violations. [Read more…]

Filed Under: Podcast, Sentencing

Double Drug Enhancement is Alive But Limited

January 27, 2016 By Samuel Partida, Jr.

People v. Williams, 2016 IL 118375 (January 2016). Episode 133 (Duration 5:07)

The drug enhancement under 720 ILCS 570/408(a) remains “valid” but it doesn't apply when other sentencing enhancements kick in. [Read more…]

Filed Under: Podcast, Sentencing

Plea Bargaining a Drug Case in Illinois Shouldn’t Be A Pain in the Neck Anymore

September 18, 2014 By Samuel Partida, Jr.

Plea Bargaining a Drug Case

Plea bargaining a drug case with a defendant with a prior drug conviction can feel like a boxing match with one of the fighter’s arms tied behind his back. In my little analogy, guess which side has their arms tied down? In podcast episode 012 of the Criminal Nuggets Podcast, I discuss a recent case which can drastically change the dynamics of plea bargaining a drug case in Illinois.

[Read more…]

Filed Under: Podcast, Sentencing

Plea Negotiation Drug Case | Double Drug Conviction Enhancement Dead in the Water

August 8, 2014 By Samuel Partida, Jr.

People v. Williams, 2014 IL App (3d) 120824 (08/02/2014)

Plea negotiation drug case should be better for the defense. The double drug conviction enhancement appears to be dead in the water. When two sentencing enhancement provisions are in conflict the later one that uses the word “shall” wins. [Read more…]

Filed Under: Sentencing

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