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…]
Double Drug Enhancement is Alive But Limited
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…]
Plea Bargaining a Drug Case in Illinois Shouldn’t Be A Pain in the Neck Anymore
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.
Plea Negotiation Drug Case | Double Drug Conviction Enhancement Dead in the Water
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…]