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.