Expungement Orders Ignored By State Police

The Illinois State Police have been ignoring Court Orders directing them to expunge criminal records. This practice seems to be limited to court orders coming out of the Markham Courthouse in Cook County. These court orders have been complied with by the Clerk of the Circuit Court and the arresting police agencies, but not the Illinois State Police. Approximately 281 expungement orders issued by the Chief Judge at Markham have not been complied with by the Illinois State Police. Once the expungement order is entered, the defendant, or their attorney, forwards the Order to the Illinois State Police. In 281 of those cases, the Illinois State Police has mailed a letter back to the defendant, or their attorney, informing them that their case could not be expunged. At least one Petition has been filed in Markham seeking to hold the Illinois State Police in contempt of court for failing to comply with a court order. In response, the Illinois State Police agreed to comply with 137 expungement orders but refused to comply with another 144. The petition to hold the Illinois State Police in contempt of court has since been voluntarily dismissed while the defendant in the case and the Illinois State Police try to negotiate a settlement of this issue.

Once again, this practice of ignoring expungement orders appears to be limited to expungement orders coming out of the Markham courthouse.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Civil Lawsuits Being Tried To Fight Gangs

I ran into a very interesting article in the Chicago Sun-Times about something that has been going on in DuPage County. Civil lawsuits are being filed against suspected street gang members. The lawsuits allows officials to seek money damages from gang members who break the law and allows officials to get court orders against these gang members barring them from engaging in any gang activity. Those activities include flashing gang signs, showing tattoos, hanging out with other known gang members and barring them from certain towns and suburbs where gang activity is known to occur. This practice started in California in the 1980's and has been tried in Texas and Minnesotta.

To read the full article click here.

According to a Chicago police spokeswoman, this is something that Chicago is reviewing.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Murder Rate Passes 500

At 8:40 p.m. on Monday night, Chicago officially passed the 500 mark for the number of murders in 2008. About 40 minutes later, the number reached 501. Both of Monday's murders appear to be gang related. The police think that about half of the 2008 murders were gang related. Regular readers of this blog know that we have been tracking the murder rate and the increase in the rate of violent crime in this city all year. We have cited numerous articles in which police and prosecutors have been trying to place blame on each other for the increase in these rates. The real significance of the 500 mark is when you compare the 2008 rate to the 2007 rate. The fact is that even with 500 murders, 2008 would still be one of the lowest murder rates in many decades. However, in 2007 there were 443 murders. 2008's murder rate would represent an almost 20% increase over last year. This summer, attention was focused on the increased violent crime and murder rate because of the dramatic increase in random shootings and violence in the city. Most recently, the triple slaying of Jennifer Hudson's family cast a national spotlight on Chicago's violent crime problem.

Chicago Police Superintendent, Jody Weis, who was appointed to the position almost a year ago, has taken quite a bit of criticism for these increased rates. There have been whispers of discontent among police officers and complaints of low morale. Superintendent Weiss has responded by urging his officers to be more aggressive and creating some special units to specifically combat gang violence.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Cook County Judge Nabs Criminal

Cook County Circuit Court Judge Nicholas Ford was involved in an incident on Thursday night in which he ended up capturing a suspect that was tampering with his wife's car. Judge Ford was driving home when he saw a couple of men tampering with his wife's car. He chased one of the suspects down the street and was able to get him down. A struggle ensued and the man struck Judge Ford in the back of the neck with is elbow. Some neighbors joined in the effort and held the man down until police arrived. The 44 year old Judge Ford has been on the bench for about 11 years.

To read the full article, click here.

Judge Ford is a highly respected and admired Cook County Judge with a felony courtroom at 26th and California. He is back at work.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Early Signs of Possible Tensions Between Police and Prosecutors

I ran into an article in the Chicago Sun-Times yesterday about how the Chicago Police has been reviewing the overtime hours of it's Detectives. The review seems to center around a sense within the police department that prosecutors have taken over the investigation of cases and are ordering detectives to do additional work on cases. From the article, there seems to be some tension between the police and prosecutors over the way prosecutors order police detectives to do additional work on cases. The article states that about half of the overtime of detectives is due to additional work requested by prosecutors. The article also seems to state that there is some tension between the police and prosecutors over this process.

To read the article in it's entirety, click here.

We will keep on eye on the news to see if there is more to this apparent "tension" between police and prosecutors.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-8--228-7295.

States Putting Criminal Records Online - Not Illinois

I ran into an interesting article which discusses how states are starting to put criminal databases online. On Monday Vermont became the newest state to put these records online. There are currently 20 states that allow citizens to access the criminal files online. Some charge a fee and allow people to request corrections if the information available online is wrong.

To read the article click here.

There is no such effort being made in Illinois that we are aware of. Criminal defense attorneys in Cook County have long dreamed of the day that they could access the criminal case database in the Clerk of the Circuit Court's website online. This would be particularly helpful to find out exactly what clients, and prospective clients, are charged with and where cases are assigned from the Chief Judge. According to this article at least 20 states have overcome whatever fears may exist of clerical errors and potential liability. There must be some way to bring Cook County into the 21st Century when it comes to this.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Video Bail Hearings at 26th Street Finished

Since 1999, individuals newly arrested have stood in front of a camera in the basement of the courthouse at 26th and California while the judge sitting in the courtroom above them presided over their bond hearing. Starting Monday, this process has been eliminated. Many attorneys have argued for years that a video bond hearing violates an individuals constitution right to be present in court. Cook County Sheriff Tom Dart hopes that by ending these video bond hearings and bringing individuals in front of judges, it will ease overcrowding in the jail by giving judges a better idea of whether someone should be released on bond or held in custody in the jail. This is also part of Sheriff Dart's effort to give judges the final say so in whether someone should be eligible to be released on electronic monitoring.

Sheriff's Dart's ultimate goal is to ease overcrowding in the Cook County Jail.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

DNA Samples To Be Gathered From Time of Arrest For Federal Crime

The Justice Department has announced that starting January 9, 2009, anyone arrested by the federal government will have a DNA sample taken at the time of the arrest, and the sample will be placed in a national database. In 2005 Congress passed legislation authorizing the Justice Department to make these rules. Up until now, the only time that a DNA sample would be taken by the federal government would be when an individual was convicted. This is how it works in Illinois. In Illinois defendants convicted of a felony offense are required to submit DNA samples upon being convicted. These new rules allow agents to take DNA samples upon an arrest rather than a conviction.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Indiana Woman Lights Up Marijuana Cigarette In Front of Trooper

I ran across this funny story this morning. An Indiana State Trooper pulled over a vehicle for a traffic violation. While the Trooper was talking to the driver, the passenger asked the officer if she could have a cigarette. The Trooper gave her permission to have a smoke and she pulled out a cigarette and lit up. The Trooper, apparently smelling something was wrong, seized the cigarette and discovered that it was actually marijuana. The passenger was arrested and charged with possession of drugs.

Some people are just asking for it!

For more information about the Chicago criminal defense lawyers at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Executions and Death Sentences Declining

The Death Penalty Information Center has issued a year end report which indicates that the number of death sentences imposed in the United States this year is at or near a three decade low. The Center also reports that in all of 2008 a total of 37 executions were carried out and no more are expected to be carried out this year. This is the lowest number since 1994. The Center also estimates that the total number of death sentences imposed this year was 111. There were 115 death sentences imposed in 2007. The 2007 number is more than 60 percent lower than from 1998. This drop illustrates how big the decline has been. It is important to note that the Death Penalty Information Center is opposed to the death penalty. They point out in their report that the death penalty has become a regional phenomenon. All but four of the executions this year happened in the South and Texas. A full half of the executions were carried out in Texas alone where 18 prisoners were executed. It will be interesting to see if this trend continues. All of the executions in 2008 occurred after April 16, which is when a de facto moratorium had been imposed on the death penalty pending a decision by the United States Supreme Court on the constitutionality of the use of lethal injection. Experts expected that it would take a little time for the pace to pick up by there is evidence that this trend may continue. The reason is in the drop in the number of death sentences imposed. The ban was only on executions and not on the imposition of the death penalty. The drop in the imposition of the death penalty is proof that this decline in executions may be long term.

For more information about the Chicago criminal defense lawyers at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Update on Florida Lawyer Case

On November 17, 2008, we posted a blog about an indicted Florida attorney charged with laundering money from a suspected Columbian drug lord. The case has gotten a lot of attention in the Criminal Defense community because an adverse decision in this case could have a chilling effect on criminal defense attorneys accepting possibly tainted legal fees. The attorneys for Ben Kuehne are attempting to have the Federal District Court Judge hearing the case, Marcia Cooke, toss the charges. the Judge has already dismissed a key charge brought by the government and may toss the remaining charges.

To read about the updated progress of this case click here.

The same Federal District Judge that is hearing this case was also the trial Judge on the case involving alleged Al Qaeda domestic terrorist Jose Padilla. Judge Cooke boldly dismissed the terrorism charges against Padilla only to have her decision overturned on appeal.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Considers Whether to Overturn Death Sentence

The United States Supreme Court heard oral arguments today on an interesting death penalty case. The case is Cone v. Bell, 07-1114. Cory Bradford Cone was convicted of First Degree Murder in Tennessee in 1984 and sentenced to death. Cone admits that he killed an elderly couple in a robbery in Memphis. However, Cone claimed that he was legally insane because he was in a drug induced psycotic state and suffering from post traumatic stress syndrome due to his military service in Vietnam. The prosecutor ridiculed Cone's claim at trial and he was convicted and sentenced to death. After the trial, it was discovered that the prosecutor withheld evidence from the defense indicating that state and federal law informant officials had internal communications describing Cone as a heavy drug user as well as witness statements that bolstered Cone's defense that he was legally insane at the time of the crime.

Reporters inside today's oral arguments report that several of the Justice's became angry with the prosecutor when the state claimed that they had no duty to turn over this evidence to the defense. The Court will issue an opinion on this case in several months. We will keep you updated when the opinion is released.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

FBI Executes Search Warrant on Harvey Police Department

On Friday FBI agents executed a search warrant on the Harvey Police Department. It us unclear if Friday's search warrant is related to the arrest of Harvey police detective Archie Stallworth for providing protection to drug dealers. In addition to Stallworth, three other Harvey police officers were charged as well. FBI agents made the Harvey police officers on duty stay in one room while the agents searched the police station. The Harvey police officers were not allowed to leave during the search. Apparently, FBI agents removed the hinges from a locked door to gain access to a room in the station.

This is not the first time that a search warrant has been executed on the Harvey police department.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Feds Charge 15 Cops with Providing Protection to Drug Dealers

Federal authorities have indicted 15 law enforcement officers recruited by undercover federal agents to provide protection for a dozen fake drug deals in Oak Lawn, Tinley Park, Homewood, Matteson and DuPage Airport. At the center of the conspiracy is Harvey detective Archie Stallworth. Federal agents released a photograph of Stallworth carrying three bags of what he believed to be stuffed with 30 kilos of cocaine into a vehicle. Stallworth also works as a Metra train conductor. Some undercover audio tapes were played at Stallworth's probable cause hearing. In those tapes Stallworth is heard telling the undercover agent that Harvey was the best place to conduct their drug deals because he could provide protection for the dealers and that "if anything's going down, we going to know about it." On the same tape Stallworth is heard telling the undercover agent how to avoid being caught.

Stallworth's attorney is claiming that his client was not guilty of any wrongdoing and that he was merely conducting his own undercover investigation of suspected drug dealing.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Former Chicago Cop Convicted

We have an update on the Federal police corruption trial of former Chicago police officer Mahmoud Shamah. A federal jury convicted Shamah in the trial which we first reported on November 22, 2008. Shamah was convicted of shaking down local drug dealers. He was also convicted of stealing $30,000 in cash placed in a police evidence locker by FBI agents as part of a sting operation. The theft was videotaped by the federal agents. Shamah's partner testified at the trial that he and Shamah would carry crack that they would plant on suspects, paid informants for shaky information and even bribed a Cook County judge to sign a fake search warrant. There was even a wiretap that revealed that Shamah and his partner took $100 each from $420 in cash seized from someone in a traffic stop.

Federal prosecutors asked that the Court revoke his bond arguing that he was a flight risk. The Court disagreed and allowed Shamah to remain free on bond pending his sentencing.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

More Escapes From Police Custody

At least 2 more individuals escaped from police custody last week. Both were eventually captured. Eric Curtis was picked up by the Elmhurst police on a warrant from the Chicago Heights parole office. While being transported in the police vehicle, Curtis kicked out the back window of the police vehicle and tried to run off. He was cornered by Homewood police and tasered in the right leg and placed into custody. Curtis was charged with burglary, criminal damage to a vehicle and resisting police.

Cortez Fleming was driving a 2001 Buick LaSabre without a working headlight. The police tried to pull him over but he fled. The police checked the license plates and discovered that the car had been reported stolen in Dolton. He led the police on a chase that ended in Sauk Village. He bailed out of the car fleeing in one direction and his driverless car headed in another direction. After a short foot pursuit the police caught Fleming. He was charged with Possession of a Stolen Motor Vehicle, Aggravated Fleeing and Eluding and Resisting Arrest.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Police Investigating Escape From Harrison Street Station

On Monday afternoon, a 34 year old man arrested for possession of a controlled substance, escaped from the Chicago Police station at 3151 W. Harrison Street at about 3:45 p.m. The man was able to pick the lock off of his handcuffs and just walked out of the station. The police believe he may have had a clothes pin on him which he used to pick his handcuffs. The police are still searching for this individual and are not naming him at this time.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Discussion About the Innocence Protection Act

This morning, we would like to bring your attention to the Innocence Protection Act. The proposed federal statute, has been pending before the United States Congress since 2002. The Act has always had broad bipartisan support but not enough support to be passed by Congress. The recent election and change in the balance of power may be enough to get this Act over the magic number needed to finally pass. And with Barack Obama becoming the new President on January 20, 2009, it is highly unlikely that a Presidential veto would stop implementation of this Act.

This proposed Act is an attempt to address the injustice that occurs when innocent individuals are convicted and sentenced to death when DNA evidence may be able to disprove their guilt. Since 1976, at least 102 individuals sentenced to death have been exonerated. Others have had their sentenced commuted from the death penalty to life in prison when serious doubts have been raised about their guilt. At the same time, at least 796 people have been put to death in the United States.

This Act seeks to place strict restrictions on the use of DNA evidence and allows criminal defendants to subject evidence to rigorous testing and screening. While it's difficult in some states to obtain such testing, this federal law would force states to adopt the standards set forth in this Act as a condition of obtaining federal funding.

For a thorough discussion of the Innocence Protection Act of 2001, please click here.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

New Police Unit Specifically Targets Gangs

On Saturday, the Chicago police announced that a special police unit has been created that will go after street gangs throughout Chicago. Approximately 400 officers will be assigned to the unit that will target street gangs throughout the city.

The Chicago Tribune article that discusses this new unit can be found here.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Federal Trial of Former Chicago Cop Reveals Planting of Evidence

We note with interest a criminal trial in the Federal District Court in Chicago in which a former Chicago police officer, Mahmoud Shamah, is charged with using his office to steal. During the trial. there has been testimony from a former partner of Shamah that officers carried crack cocaine to plant on suspects when searches came up empty and stole money from suspected drug dealers during arrests and traffic stops. There has even been testimony that money was paid to a Circuit Court judge to sign off on a fake search warrant. The identity of the judge was not revealed. The underlying charges are that Shamah and his partner stole approximately $30,000 from a storage locker in a police facility. Apparently, the money had been planted by the FBI as part of a sting operation. There has been testimony from Shamah's former partner that it was easy to steal money from drug dealers because they usually had no idea how much cash they had on them and they couldn't complain to anyone. The officer testified about how they would "plant" drugs on suspects when searches came up empty. The drugs that they would carry to plant on suspects were described as "insurance drugs."

This is not the first time we have reported about the planting of evidence and framing of criminal defendants. On September 10, 2008, we reported about another Chicago police officer that was charged with planting a gun and drugs in the car of a friend's wife so that they may set her up. The wife was subsequently arrested as a result of the planted evidence but was found not guilty at trial. A subsequent investigation revealed that the guns and drugs had been planted in the car by a Chicago police officer to help his friend, the estranged husband of the woman.

The trial of Shamah is pending at the Dirksen Federal Building.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Hearsay Bill Passes

On Wednesday, the Illinois House of Representatives, on a 109 to 0 vote, passed a bill that will allow hearsay evidence in a murder trial if the prosecution can prove to a judge by a preponderance of the evidence that the defendant killed the witness so as to prevent that witness from testifying against them. The vote in the Illinois House followed approval from the Illinois Senate a week earlier. Illinois Governor Rod Blagojevich had proposed that the law become effective as soon as the Illinois House approves the legislation.

We initially reported on this legislation on a blog on August 22, 2008. We posted another blog on October 11, 2008 discussing a problem with the wording of the legislation which required that Governor Blagojevich veto the bill. This passage by the Illinois House means that this bill is now the law in Illinois.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Surge in Criminal Prosecutions Expected Due to Financial Crisis

The recent financial crisis may have another effect that will be felt in the area of Criminal Law. A surge in the number of prosecutions over dropping stock prices and Wall Street collapses. There is an underlying sense of anger over the financial collapses which could cause a drastic jump in the number of prosecutions for white collar crimes. Mainstream media have been reporting that U.S. Attorneys are currently conducting investigations into Lehman Brothers, Fannie Mae, Freddie Mac and AIG Insurance. The director of the FBI recently told Congress that 24 large financial companies were under investigation. A couple of Bear Stearns executives have already been indicted and at least 11 people have already pled guilty to a mortgage fraud case in New York. In addition, there may be opportunities to pursue prosecutions against many real estate brokers, agents, appraisers and buyers.

The concern among legal circles is whether the current feeding frenzy and public outrage over the financial crisis will cause prosecutors to pursue cases that they otherwise would not have pursued. In other words, will the mood of the country affect decisions concerning prosecutions? Will market forces be mistaken for criminal conduct? Will mistakes by executives be elevated to crimes? All these questions should be answered in the coming months when the criminal probes and prosecutions start to play out.

For more information about the Chicago criminal defense attorneys at Legal Defenders, contact us at www.thelegaldefenders.com or call us at 1-800-228-7295.

Florida Lawyers Rally Around Indicted Florida Attorney

A prominent South Florida criminal defense attorney has been indicted in Federal Court on federal money laundering charges. The attorney, Ben Keuhne, received $200,000 from Columbian drug kingpin Fabio Ochoa, as attorney fees for representing him. Mr. Keuhne had signed off on documents filed in court, that the source of funds that Ochoa used to pay his attorney fees for his defense on cocaine trafficking charges was untainted. Federal prosecutors claim that Keuhne knew that the funds were linked to the drug trade when he signed off on the source of funds documents. Keuhne's attorneys said that he thought the money was legitimate and did not participate in any cover-up. Under federal law, an attorney is not allowed to accept money that came from illegal activity. The case against Keuhne is the first such case filed against an attorney claiming that the attorney did not properly verify that the fees paid came from illegal activity. Criminal defense attorneys throughout the country are rallying to Keuhne's defense calling the case filed against him an assault on a defendant's right to counsel. The local bar has been particularly supportive of Mr. Keuhne who is nationally known for representing Democratic Presidential candidate Al Gore in the 2000 Florida recount.

For more information about the Chicago criminal defense attorneys at Legal Defenders, contact us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

New Online Trip Planner for Suburbanites

As a service to our clients and readers, we are calling everyone's attention to a new online trip planner that's available on Metra's website. The trip planning tool is a collaboration between Metra and Google. It combines Metra's schedule information and Google Maps. The only weakness is that it provides no information on buses to their train stations. This online tool can be found at www.metrarail.com/googletransit. This online tool is somewhat similar as the Regional Transportation Authority's Trip Planner which is available at www.rtachicago.com.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us at 1-800-228-7295.

Forgery Case Dismissed After Winning Motion to Suppress

Today, the prosecutor's office dismissed all felony charges against my client. My client was charged with Forgery. He was a passenger in a vehicle that drove through a drive-thru at a Taco Bell. My client was the front seat passenger. The driver passed a counterfeit $20 bill to the Taco Bell employee. The employee noticed that the bill was counterfeit and called the police. The vehicle fled the scene and was pulled over several blocks away. The police removed the driver and my client from the vehicle. They searched my client and found nothing. The driver of the vehicle began making certain incriminating statements while the police searched the vehicle and became upset when the police recovered some of the counterfeit money in the vehicle. The entire time, my client made no statements and did nothing to give the police reason to suspect that he was doing anything wrong. After the police recovered the counterfeit money they placed everyone under arrest, including my client. They took everyone down to the police station and began asking questions. An agent from the Department of Homeland Security arrived at the station and my client made a written statement taking responsibility for the counterfeit money. He even gave the authorities permission to search a hotel room where they recovered a color printer and some counterfeit money.

I filed a Motion to Quash Arrest and Suppress Evidence arguing that the police lacked any probable cause to arrest my client. After I called the arresting officer to the stand and showed the court that my client gave the police no reason to suspect he had anything to do with the counterfeit money, the court granted my motion and ruled that the police were not legally justified in arresting him. Consequently, everything that happened after the arrest, the written statement and the search of the hotel room, were also not admissible.

The prosecutor was left with no evidence in which to prosecute my client so they were forced to dismiss the charges against my client. My client was being held in Cook County Jail on a $75,000 bond. He left court knowing he would be going home to his family that evening, a free man.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

California Man Drives Stolen SUV to Court While Jury Deciding His Case

California police have charged a man with driving a stolen Lexus SUV to court the same day a jury was deliberating whether he was guilty in another stolen vehicle case. The police were called to the courthouse parking lot after people noticed several dogs around the vehicle. As the police were conducting surveillance, they saw the man walk out of court and go to the stolen Lexus SUV with the keys to the stolen vehicle in his hand. The man, a 37 year old hairstylists, was found guilty in the first case. In that first case, he was convicted of stealing a $125,000 Porsche Carrera that had been stolen from a local home.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Meth Left in Boy's Holloween Bag

When Lars and Shelly Brosdah's 7 year old son returned from trick or treating, they looked in their son's bag and found $200 worth of methamphetamine and $85 in cash in his bag. The drugs and money was among the Snickers bars and Skittles. According to the police, someone who looked like a teenager dropped something into their son's bag as he was trick or treating with his 9 year old sister. The parents report that the methamphetamine looked like rock candy. The parents are grateful that their kids did not try to eat the methamphetamine.

The local police from a suburb of Minneapolis believe that the young man was fleeing from the police after a report of an assault earlier in the day.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Agrees to Hear DNA Case

The United States Supreme Court has agreed to hear a case involving the question of whether a defendant has a constitutional right to test genetic evidence found at the scene years after he was convicted. The case is District Attorney's Office v. Osborne, 08-6. William Osborne was convicted of rape, kidnapping and assault on a prostitute that occurred in 1993 in Alaska. William Osborne admitted his guilt when he appeared before the parole board in 2004. Another man was also convicted in the attack and has stated that William Osborne participated in the attack. A condom and hairs were found at the scene but the advanced DNA testing that is available today was not available at the time of William Osborne's trial. William Osborne is now seeking to subject the condom and hairs to the advanced DNA testing that is available today. The 8th U.S. Circuit Court of Appeals ruled that Osborne has a right to subject the evidence to such testing. The Alaska prosecutors are objecting to this request arguing that even if the testing determines that the hair and condom are not Osborne's, there was additional evidence introduced at trial to leave no doubt as to his guilt.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Record Number of Deportations Reported

The U.S. Immigration and Customs Enforcement (ICE), has reported that nationwide, a total of 349,041 illegal immigrants have been deported this year. That compares to 288,663 for all of 2007. In comparison, in all of 2004, a total of 174,000 illegal aliens were deported. Roughly a third of those deported this year had criminal records. At least one report issued by the Pew Hispanic Center claims that there has been a decrease in the number of illegal aliens from 2008 to 2008. No reason for this decrease was given but it is thought that the increased enforcement of immigration laws has played a role in the decrease in the number of illegal aliens. In addition, the number of prosecutions for immigration law violations has hit a record level.

A criminal conviction can have drastic consequences for an individuals immigration status, even if someone is here legally. We are currently working on posting material on our website that discusses the possible immigration consequences of a criminal conviction. This important information will be of great interest to those charged with a criminal offense who have a green card or a Visa.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Michigan and Massachusetts Voters Approve Legalizing Marijuana Measures

On Tuesday, Michigan became the 13th state to legalize marijuana prescribed for medical purposes. The measure passed 63 percent to 37 percent. The act is called The Michigan Medical Marijuana Act. The new law will go into effect 10 days after the election is certified at the end of November. The act allows doctors to prescribe marijuana for certain approved illnesses. It also allows certain qualifying individuals to grow limited amounts of their own marijuana for their personal use and sets up a system of identification cards for qualifying individuals and their primary care givers.

Meanwhile, Massachusetts voters approved decriminalizing the possession of small amounts of marijuana by a vote of 65 percent to 35 percent The Massachusetts law replaces the possession of one ounce or less of marijuana of criminal penalties by a system of civil penalties. In addition, offenders would be required to complete a drug awareness program within one year of their arrest.

Illinois does not have any such laws in effect but there currently is a bill pending before the Illinois State Senate, Senate Bill 2865, which would be similar to the Michigan measure passed earlier this week. For a detailed discussed of Illinois Senate Bill 2865 click here. The bill passed the Senate Public Health Committee and is now awaiting a vote on the full floor of the Senate. That vote must happen by January 13, 2009 by Senate rule. If the Illinois measure passes, Illinois would be the 14th state allowing marijuana for medical purposes.

As the law stands today, the possession of Marijuana in Illinois is a crime punishable by several different ways depending on the amount possessed. Click here to read about the Illinois criminal penalties for possession of marijuana.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Violent Crime Rate Continues Moving Up

Readers of this blog know that we have been reporting on the violent crime rate in the City of Chicago for several months. In a report issued by the Chicago Police on Friday, the murder rate and the violent crime rate is continuing to increase. Even though the violent crimes rates have been increasing, they are still among the lowest in many decades. Through the end of October, Chicago had 441 murders. Last year, the total number of murders was 443. It should be noted that since the end of October, 5 more murders have been reported to have occurred, meaning that Chicago 2008 murder rate has surpassed the 2007 murder rate. Chicago is an a contest with New York for the title of the highest number of murders in 2008. New York's murder rate is just about tied with Chicago. In comparison, Los Angeles's murders are at 321 for the year.

Overall crime has increased 3.5 percent and the violent crime rate has increased 3.6 percent from last year. The number of Criminal Sexual Assaults (Rapes), Aggravated Battery and Arson are down while the number of Robbery and Aggravated Assault are up.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Get Ready for E-Tickets

On Tuesday, the Clerk of the Circuit Court of Cook County demonstrated a new electronic ticket system for traffic tickets. Instead of writing out a traffic ticket, the police officer will plug in the information on a computer and the information will be immediately transmitted to the police department and the Clerk of the Court. Judges will be able to view tickets on a computer and there will no longer be any second guessing the officer's writing on the ticket. The county is paying the cost for the new system to hand out traffic tickets. Some towns are paying up to $900 to place a printer in each squad car so as to make sure you get a copy of the ticket. The system is expected to be in place by the end of the year. The counties surrounding Cook County are also working on similar systems.

Our local governments are continually looking for more efficient ways of collecting money from their citizens.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Waukegan Clerk Shoots Robber - May Face Charges

On Monday night a 20 year old man walked into a Waukegan store with a gun and demanded money from the store clerk. The store clerk gave the gunman money and the gunman fled the store. The store clerk grabbed a gun under the counter, ran out the door and saw the gunman trying to get away on a bicycle. The clerk fired the gun and struck the gunman in the chest several times and in the leg. The gunman continued riding the bicycle a short distance and fell to the ground unconscious. The gunman was taken to a local hospital where he was pronounced dead. There was a second suspect that was apparently a lookout for the gunman. That second suspect tried to flee on foot and was struck by a car. The police are still searching for the second suspect.

The clerk apparently had a license to carry a firearm. However, police and the Lake County State's Attorney's Office are considering whether to file criminal charges against the store clerk. It is possible that the store clerk can be charged with murder or aggravated battery with a firearm for shooting the gunman after the gunman was leaving the store.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

New Law Means Pardon No Longer Required

A new bill was just passed which allows inmates who have been wrongfully convicted from no longer having to obtain a pardon from the Governor before seeking compensation for being wrongfully incarcerated. Prior to this new law, in order for an inmate who was wrongfully convicted to obtain compensation for their wrongful imprisonment, they had to obtain a pardon from the Governor. The current backlog for clemency and pardon petitions on Governor Blagojevich's desk is enormous. The wait is years long. As a result, state legislators passed this bill to bypass the Governor's desk. But when this bill was passed in late August, Governor Blagojevich vetoed it. Legislators introduced it again and this time it passed with a veto-proof majority.

This new bill allows defendants who have been cleared by appellate courts to file for Certificates of Innocence directly from circuit courts. Many wrongfully convicted inmates are eager to take advantage of this new law so they can begin to rebuild their lives.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Won Preliminary Hearing at Grand and Central

I won a preliminary hearing at Grand and Central this morning. The client was charged with Possession of a Controlled Substance. The officer testified that he and his partner were patrolling a "high narcotics area" and saw my client standing on the street corner. They approached my client to conduct a "field interview" and patted him down for their safety. As they were patting him down a sock fell from his pants. The police officer picked up the sock and looked through it. Inside the sock he found several ecstacy pills.

On cross examination I asked the officer if he observed my client involved in any suspected narcotics transactions. The officer said no. The officer said he did not see my client interact with anyone at this location or do anything other than just stand on the street corner. After the sock fell from my client's pants, I asked the officer if he had permission from client to pick up his sock and look through it. There was laughter in the courtroom. More importantly I noticed the Judge smile and realized I had made my point. The judge found no probable cause and the case was dismissed. The client, who was in custody on a $75,000 bond, was relieved that he would be going home a free man later that day.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Chicago Police Superintendent Denies Slowdown

We have reported about the rise in the number of murders and violent crimes in Chicago. There is increasing criticism of Chicago Police Superintendent Jody Weis for the spike in these numbers. Chicago police officers are seizing fewer guns and stopping gang members less frequently than before Superintendent Weiss arrived on the scene. The criticism is that these numbers are as a result of officers working less aggressively out of fear of being second guessed by him. There are rumors that the morale among the department is at an all time low.

On Saturday, Superintendent Weiss denied the rumors and that despite what some people are saying, his officers are well supported by their superiors and are highly motivated. We will keep an eye on the ever-increasing whispers and chatter concerning this potential problem inside the Chicago Police Department.

For more information about the Chicago criminal defense attorneys at Legal Defenders, contact us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

DuPage County Report on Domestic Battery Cases

There's an interesting article in the Chicago Tribune today. The article discusses how the rate of convictions for domestic battery cases in DuPage County has more than tripled in the past few years but that the progress has stalled because of budget problems. Here is the article:

DuPage County Tackles Domestic Violence.

The last domestic battery case I handled in DuPage County resulted in a finding of not guilty after a bench trial. It was a case that the state should never have pursued.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Sheriff Moving Forward on Plans to Ease Overcrowding

The Cook County Sheriff is taking new steps to try to deal with the overcrowding problem in Cook County Jail. On Friday, Sheriff Tom Dart's attorney told Federal District Court Judge Virginia Kendall that Sheriff Dart is moving ahead on plans to move the bond court to an unused annex at the jail. The Bond Court is currently located inside the Criminal Courts Building at 26th and California. The location of the bond court makes it difficult for prosecutors to get sufficient information on criminal defendants causing judges to err on the side of caution when determining whether a criminal defendant should be released. By moving the Bond Court to the jail, the hope is that the process would be streamlined and judges could ultimately be able to determine whether an inmate can be released on electronic home monitoring. Federal District Judge Virginia Kendall is currently presiding over a lawsuit involving overcrowding at the jail.

The relocation of the Bond Court to the jail may be completed as early as September of 2009. The cost of the move is estimated to be in the range of $900,000.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Update on Hearsay Bill

On August 22, 2008, we posted a blog in which we discussed a proposed Hearsay Bill which would allow the out of court statements from a witness who was intentionally murdered by the defendant if it was determined that the murder was committed so as to prevent the witness from testifying against the Defendant. In that posting we discussed how the Illinois Legislature had made a mistake in the wording of the bill which meant that the bill would not take effect until June 1, 2009. On Tuesday, Illinois Governor Rod Blagojevich used his amendatory veto power to give the act an immediate effective date. In order for the bill to take effect, the Legislature needs to accept his amendatory veto. The Legislature will meet next month and is expected to immediately take up the matter.

This new law will allow a trial judge to determine at a pretrial hearing whether the hearsay testimony will be admitted. Under this new legislation, if the judge determines that the defendant murdered the witness and the murder was intended to make the witness unavailable to testify, if the unavailable witness statements are reliable, and if justice is best served by admitting the statements into evidence, the statements come in even through the witness is unavailable to testify and the defendant cannot cross examine the witness.

Over a dozen other states have a similar law. In addition, Federal Courts have allowed these statements into evidence for years.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Lemon Law Guest Blog

Attorney Sergei Lemberg is a nationally recognized expert in lemon law. His site, www.LemonJustice.com, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon. As a service to our readers and clients, we have invited him to post the following blog:

Making the Case for Lemon Law Arbitration and Settlement

More than 25 years ago, the first U.S. lemon law was enacted in Connecticut. Since then, each state has adopted its own lemon law. This has resulted in a veritable patchwork of provisions and requirements, which understandably often leave consumers perplexed. Complicating the matter is that, while some state lemon laws allow consumers to take manufacturers directly to court, others mandate that car owners participate in a manufacturer- or state-sponsored arbitration program.

Usually, consumers are led to believe that they can participate in arbitration without the help of an attorney. While it’s true that you don’t need an attorney to participate in the arbitration process, manufacturers will put their legal teams to work fighting lemon law claims. More than once, I’ve seen cases where the car maker forces the consumer to jump through hoops, or runs out the clock on a lemon law claim. The truth is that consumers who have attorneys are more likely to succeed in a lemon law claim, both because the lawyer is experienced in lemon law and because it sends a signal to the manufacturer that the consumer is serious and won’t simply disappear.

Having said that, it’s also been my experience that most lemon law cases settle through negotiation or mediation. When a vehicle has a serious defect and the manufacturer refuses to buy it back or replace it, sometimes just the threat of a lawsuit encourages the manufacturer to do the right thing. This is because losing in court usually means that the manufacturer could face the prospect of paying punitive damages or a doubling or tripling of the consumer’s attorney fees. A reasonable settlement benefits both sides – the manufacturer doesn’t have to go through a lengthy court battle that it would most likely lose, and the consumer can get relief without dragging out the process.

Negotiation and settlement is also an option for the consumer whose vehicle doesn’t meet the strict definition of a “lemon” under state law. For example, we’ve often had clients who were able to get equitable settlements for the hassle of having to repeatedly take their vehicles in for repair.

The bottom line is that negotiation and settlement are always sound (and often the best) options in lemon law cases. But it’s important to have the law – and a lawyer – on your side should a lawsuit become necessary.

We strongly encourage you to contact attorney Sergei Lemberg if you have any questions or need an attorney for a possible lemon law matter.