Monday, July 28, 2008

City of Chicago Gun Turn in Program Nets Lots of Weapons


The City of Chicago reported that over 6,800 weapons were turned in to the City of Chicago on Saturday as Mayor Daley seeks to stop the spread of guns in Chicago. Chicago's gun buy back program has been in existence since 2006. Last year, 6,700 guns were collected. Since the program started, more than 11,000 guns have been collected. Saturday's effort was mainly in response to the United States Supreme Court's opinion in District of Columbia v. Heller, in which Washington's D.C.'s gun back was struck down. The City of Chicago has a gun ban that is substantially similar to Washington D.C.'s gun ban. A lawsuit challenging Chicago's gun ban has already been filed in Federal District Court in Chicago by four Chicago residents, the Second Amendment Foundation and the Illinois State Rifle Association. Attorneys for the City of Chicago vow to fight the lawsuit by arguing that the Heller ruling only applies to Washington D.C. Many legal experts doubt that this argument will prevail and expect that Chicago's gun ban will be struck down.

Guns were dropped off on Saturday at 25 different locations throughout the city, no questions asked. The city paid $100 for a real weapon and $10 for BB guns, air guns and replicas. So many people showed up that the city ran out of $100 debit cards and had to give our rain checks for the money.

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.

Sunday, July 27, 2008

Study Shows Minorities More Likely to be Searched in City Than Suburbs


In an article published in today's Chicago Tribune, it was revealed that minority motorists in Chicago are about five times more likely than whites to be asked for a consent to search their vehicles. The study was conducted by the Northwestern University Center for Public Safety. This study showed that overall, minorities are about three times more likely than whites to be asked to consent to such a search. However, the same study showed that it was more likely that illegal items would be found in searches of whites' vehicles.

This same study also showed that the number of stops in Chicago are on the decline. Since 2004, traffic stops are down about 40% for minorities and 30% for whites. This decline can be attributed to the Chicago police focusing more on gangs, guns and drugs. More than two-thirds of those stopped were minorities, a much higher percentage than the percentage of minority drivers in the city.

The same study further showed that minorities are more likely to be stopped in the suburbs but the disparity is not as pronounced as it is in the city.

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.

Friday, July 25, 2008

Update on Louisiana Case Banning Death Penalty for Child Rapists


On June 25, 2008, we reported that the United States Supreme Court struck down a Louisiana law which provided for the imposition of the death penalty for individuals convicted of raping children. Since that decision, there has been great controversy and discussion among politicians and legal scholars about the wisdom of that decision. Well, there has been an interesting new development in that case. On Monday, Louisiana prosecutors petitioned the United States Supreme Court to reconsider it's ruling. The reasoning behind this request is very interesting. As you may recall from our previous post, this was a 5 to 4 decision. The majority opinion was written by Justice Kennedy. In his opinion, Justice Kennedy stated that "there is a national consensus against capital punishment for the crime of child rape." However, in the days following this decision, it was discovered that in 2006, the United States Congress passed a law which allowed for the imposition of the death penalty for members of the military who were convicted of raping children. President Bush signed an Executive Order in 2007 allowing federal prosecutors to seek the death penalty for such cases. Amazingly, nobody realized that this had happened prior to the United States Supreme Court issuing it's ruling last month. Since nobody informed the Supreme Court of this law and executive order, the Louisiana prosecutors are claiming that the Supreme Court should reconsider it's ruling in light of this new information.

While it is extremely rare for the Supreme Court to grant such a request to reconsider, we will keep on eye on this case to see what happens.

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.

Criminal Damage to Property Charges Reduced


Chicago criminal defense attorney, James Dimeas, succeeded in having felony charges of Criminal Damage to Property reduced from a felony to a misdemeanor at the Cook County Circuit Court, Branch 48 at 51st Street. The client was at a bar one evening with friends. He apparently had too much to drink and got into an argument with some of the patrons in the bar. He was asked to leave the bar and in a fit of anger, keyed four vehicles belonging to some of the patrons he had gotten into an argument with. There were numerous witnesses to this incident as well as a video tape showing the client damaging the vehicles. The damage to vehicles exceeded $2,800.00.

The client had no criminal background. He was employed full time and the single father of young children. A felony conviction would have had dramatic life long ramifications for the client. Recognizing this, Chicago criminal defense attorney James Dimeas, negotiated with the prosecutor and was able to have the felony charges reduced to a misdemeanor. The client paid to repair the vehicles he had damaged and agreed to not have any contact with any of the bar patrons in exchange for some community service and a $200 fine.

As a result, the client avoided having a felony conviction which would have drastically complicated his life.

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.

Thursday, July 24, 2008

Domestic Battery Charges Dismissed in Markham

Chicago criminal defense attorney James Dimeas was able to have domestic battery charges dismissed in the Markham Courthouse. Mr. Dimeas's client was charged with striking his girlfriend as they were driving down the street in a car. The client's girlfriend exited the car and flagged down the police and the client was arrested. They client has a sensitive job with a security contractor working for the United States government. Anything less than an outright dismissal of the charges would probably have resulted in the client losing his job. Chicago criminal defense attorney James Dimeas arranged to have his client sign up and attend some Anger Management classes and the client's girlfriend was satisfied that her boyfriend had received the counseling and treatment he required. As a result, she agreed to allow the prosecutor to drop the domestic battery charges.

As a result, the client gets to keep his job and his relationship with his girlfriend survives this unfortunate ordeal.

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.

Wednesday, July 23, 2008

Convicted Felons Challenging Gun Laws


Ever since the United States Supreme Court struck down the Washington, D.C. law prohibiting the ownership of firearms, criminal defense attorneys are mounting challenges to Federal laws which prohibit convicted felons from possessing firearms. Many defendants who have previously been convicted of felonies and are now charged with possession of firearms are arguing that last month's Supreme Court decision gives them the right to own firearms for protection in their homes. Challenges such as these are a sign that legal challenges to laws prohibiting the possession of firearms will continue to increase as criminal defense attorneys start to explore the boundaries of the Supreme Court's decision. People on both sides of the issue expect many attacks on state and federal gun laws in the wake of the Supreme Court's decision. What will happen to attempts by cities to prohibit gun ownership in public housing projects? Why would someone be deemed to be untrustworthy of owning a gun just because they live in a public housing project? While a law prohibiting a person convicted of a violent felony from owning a firearm will probably not be struck down, what will happen to an individual charged with a non-violent felony? And what about the 50 or 60 year old individual convicted of stealing a car when they were a teenager? Why should they not be allowed to own a firearm? In the fall, the Supreme Court may address this issue. There is a case on the Court's fall docket, People v. Hayes, in which the Defendant, Randy Hayes, was convicted of possessing a firearm as a felon based on a 1994 conviction for a Domestic Battery in which he received one year of probation. The Supreme Court will decide whether the 1994 Domestic Battery conviction could serve as a bases for denying Randy Hayes the right to own a firearm.

The Supreme Court has opened the door to numerous legal challenges which will call into question gun laws throughout the United States. Some cases are simple, but some are more complicated and will be the subject of interesting arguments which will change our gun laws.

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.

Wednesday, July 9, 2008

Domestic Battery Charges Dismissed


Chicago criminal defense attorney, John Ioakimidis negotiated the dismissal of a Domestic Battery charge for his client at the courthouse located at 555 W. Harrison in Chicago. The client, who had served time for a violent felony in the past, was looking at potential jail time if convicted. The State alleged that John's client punched the complaining witness in the face and slammed her against a car door requiring hospitalization. It turned out that the complaining witness was beaten by her boyfriend and tried to blame it on John's client. The case was dismissed and the order of protection was terminated immediately.

On the same day, John also negotiated the dismissal of another Domestic Battery case for another client at the same courthouse. The order of protection was also terminated immediately.


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.

Thursday, July 3, 2008

Domestic Battery Dismissed


Chicago criminal defense attorney, John Ioakimidis, negotiated the dismissal of a Domestic Battery Charge for his client at the Markham Courthouse on the first court appearance. The State had charged that John's client had committed a battery to his wife. It turned out that the wife was drunk during the episode and actually attacked John's client first.

The dismissal was important because his client has a substantial criminal history. A conviction would likely have led to jail time and a complete disruption in his client's life.

The client was truly grateful, thanked John and was free to enjoy the 4th of July weekend with piece of mind.

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.

The Legal Defenders, PC

70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 * Fax: (800) 604-0507