Theft Of Electronics Up On CTA

Pickpockets have been stealing small electronics from CTA passengers at an increasing pace.  Police have been reporting increased theft reports of IPods and cell phones.  On CTA buses, pickpocket thefts increased 6.5 percent from 2008 to 2009.  Thefts from CTA trains actually decreased by 12.5 percent.  However, nearly two-thirds of CTA users use buses.  The year after the IPhone was released in 2007, thefts on the CTA increased by 19 percent.  While police do not track what specifically is stolen, the evidence seems to suggest that these small electronics devices are what is causing the increase in the theft rate.  Police report that thieves spot the small ear phones and target their victims from there.

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.

Crime Rate Drops Locally

As a follow up to yesterday's post regarding the drop in the national violent crime rate we can report that the crime rate in Chicago has dropped as well.  Crime is down 12 percent in Chicago over the same period last year while the murder rate is down 10 percent over this time last year.  There's been a total of 450 murders so far compared to 504 at the same time last year.  The decline comes after last year's double digit increase in the number of murders.

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

Violent Crime Rate Drops Nationally

Despite fears that the declining economy would cause an increase in the violent crime rate, statistics released by the FBI seem to suggest otherwise.  The statistics seem to suggest that the violent crime rate may be dropping for the third year in a row.  The statistics measure the crime rate for the first 6 months of the year, so they are not complete yet.  The number of murders fell 10 percent, robbery fell by 6.5 percent and rapes declined by 3.3 percent.  Overall, the violent crime rate fell by 1.8 percent from 2008 to 2007.  New York and Los Angeles saw a drop in their murder rate while Detroit saw an increase.  Incidentally, property crimes are also decreasing.  Vehicle thefts decreased by 18.7 percent and burglary fell by 2.5 percent.  Overall, the property property crime rate dropped by 6.1 percent.  The violent crime rate dropped in all four regions of the United States with the exception of the South which saw a tiny increase of 0.7 percent.

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.

Pennsylvania To Ship Prisoners To Other States To Battle Overcrowding

Pennsylvania has struck a deal to ship prisoners to Michigan and Virginia to try to deal with a growing overcrowding problem in their prisons.  The transfer will involve about 2,000 prisoners, half of which will be sent to each state.  The deal is supposed to expire in 2013 when four new prisoners are scheduled to be opened up in Pennsylvania.  There are currently 54,000 prisoners in the Pennsylvania prison system.  But the system was designed to house 44,000 prisoners.  The only other state we know of that transfers prisoners to other states is California, which started shipping prisoners to other states in 2006.  California is currently trying to deal with a federal court order which is requiring that they make drastic reductions in the number of prisoners in their state prison system.

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.

Red Light Cameras Not Working

A review of the yearly accident data at intersections in which red light cameras have been placed in suburban Chicago show that at most intersections, accidents actually rose.  The results of the review of the accident data shows that there is no safety benefit to placing red light cameras at intersections.  As a matter of fact, the data seems to suggest that the cameras are actually making the intersections more dangerous.  The first 14 intersections that got red light cameras in 2006 show that half of the intersections showed an increase in accidents.  2 of the intersections showed no change in accidents while only 5 showed a decrease in accidents.  Many of the intersections that showed an increase in accidents showed a significant increase in the number of accidents.  It seems like drivers are slamming on their brakes when they come up to an intersection equipped with cameras.  And while the number of accidents seem to be going up when cameras are installed, cities are also seeing a big increase in revenue from tickets issued at the same intersections.

The Chicago Tribune has posted a very helpful page that contains accident data for every intersection in the Chicago metropolitan area that has a red light camera.  To see this helpful page, click here.

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.

Kansas To Consider Ending Death Penalty

Early next year, the Kansas legislature will consider legislation that will end the death penalty.  The first hearing is scheduled for January 19.  The Kansas Judicial Council advisory committee made up of judges, prosecutors, lawmakers and defense attorneys has drafted legislation that seems to be gaining support in Kansas.  The high costs associated with seeking the death penalty seems to be emerging as an important factor in the Kansas effort to eliminate the death penalty.  Studies show that it costs much more to seek and carry out the death penalty than life in prison.  In Kansas, the legal costs are four times more than not seeking the death penalty.  And once an inmate is sentenced to death, it costs more to house them in an isolation cell than regular population.  Last year 11 states considered legislation to abolish the death penalty and New Mexico became the 15th state to eliminate it.   This news comes after our recent post which discussed the declining number of executions and death sentences being carried out.

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.

Colorado Supreme Court Rules Immigrants Tax Records Are Private

The Colorado Supreme Court issued an important decision that caused great anger among the Colorado Hispanic community.  An investigation was launched by Colorado authorities after a man told police that his identity had been stolen and he believed the identity theft occurred from a tax preparation agency that catered to the Hispanic community.  Police obtained a search warrant and seized the tax records of the agency.  Under federal law, tax returns are confidential.  Police seized thousands of pages of tax returns and were able to uncover about 1,300 people who were using false identities.  Dozens of people were arrested and many were actually deported.  The Colorado Supreme Court ruled that the search warrant was flawed because it was overly broad and did not state the identity of specific names or specific individuals.  The tax preparation agency catered to a heavily Hispanic population in an agricultural part of Colorado.  Illegal aliens, even though they are here illegally, are still required to pay income taxes.  If the court had ruled otherwise, it would have given law enforcement a new and powerful tool to investigate and prosecute illegal aliens.

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 To Hear Important Immigration Case

The United States Supreme Court has agreed to hear an immigration case which could affect whether immigrants can be deported for minor misdemeanor convictions.  The case involves Jose Angel Carachuri-Rosendo, who was deported to Mexico after he plead no contest to possession of Xanax without a prescription.  A year earlier he plead guilty to possession of less than 2 ounces of marijuana.  The federal government began deportation proceedings against Rosendo because under federal law, the second conviction made it a serious crime.  Rosendo lived in the United States as a legal resident with a fiance and four children, all of which are U.S. Citizens.  Under Texas law, both crimes were misdemeanors.  Rosendo was eventually deported.

The United States Supreme Court agreed to hear the matter after the Obama Administration backed Rosendo's request for Supreme Court review.  Review was requested because courts have been split on the issue of whether conviction of minor drug possession charges should be grounds for deportation.  The Supreme Court's decision could affect countless immigrant deportation cases.

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.

Ohio Supreme Court Issues Ruling On Cell Phones and 4th Amendment

On Tuesday, the Ohio Supreme Court ruled that police have to obtain a search warrant before looking through the contents of a suspect's cell phone, unless their safety is at issue.  It looks like this is the first time this issue has ever been addressed by any state high court and has never been addressed by the U.S. Supreme Court.  The case involves Antwaun Smith who answered his cell phone after he was called by a police informant posing as a drug buyer.  After Smith was arrested the police seized his phone and looked through the call history and found the calls from the informant.  Smith was subsequently charged with possession of drugs and selling drugs.  The Court ruled that the police needed a warrant to search through the phone history on the cell phone and remanded the case back to the trial court for a trial without the illegally obtained call history on the cell phone.

From experience I have seen many cases in which police arrest a defendant and then look through the phone history and find a phone number that links the defendant to a crime.  This case would suggest that any evidence obtained by the warrant less search of the cell phone history would be inadmissible.  It will be interesting to see if this case has any lasting influence and is taken up by the U.S. Supreme Court.

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.

Executions Down By Half From Ten Years Ago

The Death Penalty Information Center reports that there were a total of 52 executions in  the United States in 2009 compared to 98 in 1999.  They also report that the number of death sentences imposed in 2009, 106, is the lowest since the Supreme Court reinstated the death penalty in 1976.  The actual rate of death sentences imposed has been dropping the past 7 years.  There seems to be declining support in the death penalty.  In the past two years three states abolished the death penalty and there is increasing debate about the effectiveness of the death penalty.  Last year, the number of executions carried out dropped to a 14 year low and the number of death sentences imposed had dropped 60 percent from the 1990's.  In 1995 95% of the executions were carried out in the South while the number dropped to 87% in 2009. 

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.

Update On Early Prison Release

Yesterday we published an article about the Associated Press reporting that they had uncovered a secret change in Illinois Department of Corrections policy which had led to the early release of 850 prisoners since September.  We now find out that after Illinois Governor Pat Quinn saw news reports about this change in policy, he put a stop to this program and ordered that the program be investigated by his chief of staff and the director of the Illinois Department of Corrections. 

According to the Associated Press report, the average time spent in prison  and county lock up time by prisoners placed in this program was 106 days, or about 47% of the time sentenced by the court.

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.

Reports Coming In That IDOC Secretly Releasing Prisoners Early

The Associated Press is reporting that they have obtained and reviewed records obtained from the Illinois Department of Corrections which show that since September of this year, approximately 850 inmates have been released weeks earlier than they ordinarily would be.  Apparently the Illinois Department of Corrections is in the process of abandoning their policy of requiring that prisoners serve a minimum amount of time in prison.  Instead of serving 61 days on a one year prison sentence, some inmates are being released after serving as little as 11 days.  The Associated Press has obtained an internal memo from the Illinois Department of Corrections which describes this new practice as the "MGT Push" which stands for "meritorious good time."  This new policy is an attempt to save money.

For the Associated Press article click here.

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 Hears Arguments On Miranda Case

Last Monday, the Supreme Court heard oral arguments on a case that could affect the application of Miranda warnings.  The case is out of Florida and involves the case of Kevin Dwayne Powell. Powell was convicted of Unlawful Possession of a Firearm.  After he was arrested, Powell told the police he had purchased the gun for $150 "off the street" for protection.  Before he made the confession Powell signed a Miranda waiver which did not state that he had a right to have a lawyer present with him during questioning.  The Miranda waiver only stated that he had a right to a lawyer before answering any questions.  The Florida Supreme Court overturned the conviction on the basis that the police did not adequately warn Powell that he had a right to a lawyer during questioning.  The Florida Attorney General's Office argued that the warnings given to Powell "expresses all the rights required under Miranda." Powell's lawyer argued that the warnings given to Powell gave him the impression that once the questioning started he no longer had a right to consult with an attorney.

This is the third Miranda case case argued before the Supreme Court this year.  With these cases, the Supreme Court has a chance to make significant changes to our understanding of the Miranda warnings.  All three decisions are expected to be released next year.

The case is Florida v. Powell, 08-1175.

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 Upholds Emergency Aid Exception To 4th Amendment

The Supreme Court upheld the warrantless search of a residence based on the emergency exception to the Fourth Amendment.  Brownston Michigan police were called to a residence to investigate a man acting out.  When the officer arrived he found a truck parked with it's fender damaged and a man inside the residence screaming loudly.  The man inside the house refused to allow the police into the residence without a search warrant.  The officer observed drops of blood on the hood of the truck and some clothes inside the truck.  The officer once again asked to be let into the residence and when the man inside the home did not let him in, the officer broke through the door and entered the residence.  When the officer entered, the man inside the house pointed a gun at the officer.  He was charged with assault and UUW.  The man inside the house won the case on a motion to suppress and the Michigan Court of Appeals upheld the granting of the motion.  The Michigan Supreme Court heard oral arguments but never issued a decision.

This week, the United States Supreme Court overturned the Michigan courts and concluded that the officers correctly applied the emergency exception to the Fourth Amendment.  In it's decision, the United States Supreme Court defined the emergency exception as allowing "law enforcement officers to enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury."  While the man inside the house was not injured, someone else may have been.  Therefore the police acted reasonably.

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 Federal Sentencing Case

Last Monday, the United States Supreme Court agreed to hear a case involving the application of the Federal Sentencing Guidelines.  The case involves an inmate out of Pennsylvania, Percy Dillon.  He was originally sentenced to 322 months in prison on crack drug charges and firearm charges.  After the Supreme Court ruled in 2005 that the Federal Sentencing Guidelines should be advisory rather than mandatory, he was re sentenced to 270 months in prison.  However, reviewing courts did not use the Federal Sentencing Guidelines as advisory, which would have lowered Dillon's sentence even more.  The central question in this case will be whether judges have to follow strict sentencing guidelines at sentence modification hearings.  Arguments will be heard next year.

The case is Dillon v. United States, 09-6338.

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.

Florida Ethics Panel Says Lawyers And Judges Can't Be "Friends"

I ran across an interesting bit of news that I want to share with our readers.  The Florida Judicial Ethics Advisory Committee has ruled that judges and lawyers should not be "friends" on Facebook.  This panel issued it's ruling on November 17 and warned that online "friendships" could create the impression that a lawyers "friendship" with a judge could create the impression that the lawyer may be able to influence the judges decision in a case.  However, the panel did go on to state that a judge can post comments on another judges site and that during an election, a judges website can have "fans" that includes lawyers.  It should be noted that the decision did not single out Facebook, so it would apply to other social networking sites as well.  Even though this is just a recommendation and the final decision will be made by the Florida Supreme Court, the Florida Supreme Court has usually followed the recommendations of the Florida Judicial Ethics Advisory Committee.

It will be interesting to see if this has any national implications.

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.

Sheriff Wants Cuts At 4 Courthouses

Cook County Sheriff Tom Dart has requested cuts to courtoom deputies that mean that weekend bond hearings would only be held in the Markham Courthouse and at 26th and California.  Normally, bond hearings are held every day at each of the suburban courthouses for those charged with felonies.  Dart believes that so few weekend bond hearings are held in all of the suburban courthouses, with the exception of Markham, that he wants to shut down the remaining courthouses on the weekends and only have weekend bond hearings at 26th and California and Markham.  Dart says that as few as seven or eight defendants may appear in Skokie or Rolling Meadows on a given weekend.  In the meantime, there are entire floors at the Daley Center that only have on courtroom deputy assigned.  In addition, budget constraints make it impossible for Dart to hire more employees.  If Dart's plan is adopted, then local police agencies will be forced to absorb the addtional cost of transporting prisoners to Markham or 26th Street, or holding them in their local jails until Monday mornining.  The second part of Dart's proposal would close all the courthouses by 6 p.m. during the weekday.

The final decision will be made by Chief Judge Timothy Evans.  Dart has more than 1,100 courtroom deputies to cover 357 courtrooms throughout the county.  Evans said that he will consider Dart's proposal once Dart is able to show why his current staff is unable to cover all of the courthouses.

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

Texas Executes Mentally Impaired Man

This evening, Texas carried out it's 24th execution of the year by putting to death a man that was mentally impaired.  Bobby Wayne Woods, 44, had been convicted of murdering an 11 year old girl in 1997.  The facts of the case are pretty bad.  There was no doubt that Woods was guilty of the murder.  IQ tests administered on Woods showed that he had an IQ between the 60's and 80's.  70 is considered the threshold for mental impairment.  Woods was put to death a half an hour after the United States Supreme Court refused to halt his execution.  In addition to his mental impairment, Woods attorneys argued that he had ineffective assistance of counsel for the appeals process.  However, lawyers for the State of Texas argued that no constitutional right exists for effective assistance of counsel for appeals, thus there were no equal protection violations.

 

Tonight's execution is the last one scheduled for this year in Texas.

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.

Feds Investigating Harvey Police Again

United States Department of Justice agents were at the Village of Harvey police station looking through documents and investigating police officers as part of an investigation into claims of excessive use of force by the Harvey police.  The Department of Justice did not give a lot of details about the investigation but the U.S. Attorney's Office is also involved in the investigation.  A spokesman for the Harvey Police claimed that the visit by the federal agents was part of "technical assistance" being given to the police but would not elaborate.

This is not the first time that federal agents have visited the Village of Harvey Police Department.  On December 9, 1998, we published a post about a search warrant that was executed by federal agents.

We will keep our readers informed of any developments.

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.

Frye Hearing Scheduled for Lidar

On November 9, 2009, we published a post about how speeding tickets issued with Lidar machines are being routinely dismissed in Chicago.   Lidar, or laser, is the main type of detector used by Chicago police.  Cook County judges have been dismissing those tickets because they have not been accepted as scientifically reliable  in court.   In order for new technology to be admissible in court, a hearing must be held in court with testimony and evidence for the court to determine if the machine is scientifically reliable.  This hearing, known as a Frye hearing, has not yet been held in Chicago.  Now comes word that such a hearing will be held in the next couple of months.  The case involves a man pulled over for speeding and driving under the influence of alcohol (DUI) on the Chicago Skyway.  Lidar uses light beans rather than radio waves.  In October, prosecutors began seeking Frye hearings in which defendants were represented by attorneys but their attorneys always backed out, thus leaving the issue of whether the Lidar devices are scientifically reliable undecided. The uncertainty surrounding this device will soon be decided.  If the court finds them to be scientifically reliable, motorists will no longer be able to expect that these tickets will be routinely dismissed.  We will keep our readers updated on any developments.

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.

Alarming Jump In Number Of Hate Crimes

Today, on its official website, the FBI reported that the number of hate crimes reported from 2007 to 2008 increased 2 percent.  That may not seem like much but it represents the biggest jump in hate crimes since 2001.  This may not mean much because the number of law enforcement agencies that have agreed to participate in the reporting of such crimes increased in 2008.  Also, the number of hate crimes based on someone's religion also increased.  The only decreases were reported in crimes involving someone ethnicity or national origin.  The Anti-Defamation League called for a coordinated response by government to put a stop to such crimes.

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.

Illinois Supreme Court Changes Illinois Gun Law

On October 8, 2009, the Illinois Supreme Court released a decision which has made some substantial changes to the law regarding Unlawful Use of Weapon (UUW) in Illinois.  The case is People of the State of Illinois v. Diggins, Docket No. 106367.  In Diggins, a Peoria police officer observed the defendant make a right turn without using his turn signal.  The officer pulled over the vehicle and asked the driver for his license.  The driver could not produce a license but did produce an FOID card.  The officer asked the driver if he had any guns in the car and the driver told him he had guns in the center console.  The driver and the passenger were placed under arrest.  The officer observed that the center console was ajar but locked.  The passenger gave the officer keys to the console and after the officer unlocked the console he found a .45 caliber handgun and a .357 Magnum revolver.  Both weapons were unloaded.  He also found a magazine loaded with 8 .45 caliber rounds and six .357 Magnum rounds in the same center console.  In the rear compartment area of the vehicle he retrieved a duffel bag containing several boxes of additional ammunition.  At trial, Diggins was found guilty of UUW and sentenced to 30 months in prison.

Under Illinois law, as long as someone has an FOID card, they can transport a handgun provided that it is unloaded and in a case.  Diggins is important because the court changed the previously accepted definition of the word "case."  Before Diggins, "case" was thought of as being a container of some type.  However, the Illinois Legislature never defined "case" so the Supreme Court made an exhaustive analysis of what "case" means and determined that the center console is a "case" within the meaning of the Aggravated Unlawful Use of Weapon statute.  The court also said that the glove compartment would also be a "case" within the meaning of the statute.  The practical effect of this case is that so long as someone with an FOID card has the gun unloaded in their glove compartment, along with their ammo in the same compartment, they would not be guilty of a UUW if they were pulled over.

In response, gun rights advocates were thrilled at the expansion of gun rights.  Police officers were alarmed.  They argue that allowing motorists to have guns and easy to load magazines so easily accessible to motorists adds additional danger to their work.  Some law enforcement personnel indicated they will push the Illinois Legislature to fix the law while gun rights advocates feel emboldened to try to legalize conceal and carry in Illinois.

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.

Chicago To Impound Vehicles Driven By Suspended Motorists

Yesterday we published an article about a Chicago City Council Committee approving a proposal to impound vehicles driven by motorists arrested for driving on a suspended or revoked license.  Today the full City Council approved the measure.  Beginning on January 1, 2010, anyone arrested for driving on a suspended or revoked license in the City of Chicago will have their vehicle seized and impounded.  They can get their car back if they pay a $500 fine and a $165 towing charge.  Last year, 22,904 people were pulled over for driving on a suspended or revoked license in Chicago.  The City of Chicago stands to generate millions of dollars in revenue because of this new measure.

Alderman believe that this new measure will make people think twice about driving with a suspended or revoked license.  I'm sure that the additional revenue helps.

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.

Virginia Carries Out Execution By Electrocution

On Tuesday the State of Virginia carried out an execution by using the electric chair.  You would think that the electric chair is no longer used but 7 states currently allow the use of the electric chair.  2 other states allow the use of the electric chair only if lethal injection is ever ruled unconstitutional.   The last time the State of Virginia carried out an execution by electric chair was in 2006.  The last such execution was carried out in South Carolina in June of 2008.  Larry Bill Elliott, 60, a former Army counterintelligence officer, had been convicted of a 2001 double murder.  He killed the victims to win the love of a stripper who had been involved in a bitter custody battle with one of the victims.  Elliott had chosen the electric chair as his means of execution.  The execution had originally been scheduled for October 5, 2009, but Virginia Governor Timothy M. Kaine had pushed it back in order to take time to consider whether to stop the execution.  Elliott was the 105th person executed in Virginia since the Supreme Court reinstated the death penalty in 1976.  Virginia ranks second to Texas in the number of executions.

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.

DUI Charges By Questionable Cop Dropped

On October 6, 2009 we published an article about a video of a DUI arrest by Chicago Police Officer Richard Fiorito.  The video sparked controversy because it showed that Fiorito had lied on his police report and that the motorist he arrested for DUI did not appear intoxicated or fail any field sobriety tests.  Yesterday, Anita Alvarez, the current Cook County State's Attorney, ordered that DUI charges against several defendants arrested by  Fiorito be dismissed.  According to a spokesperson for the Cook County States Attorneys' office, the charges were dropped because Fiorito was no longer considered "credible."  In addition, at least 20 other motorists who have previously been convicted of DUI are seeking to reopen their cases and challenge Fiorito's arrest.

It looks like the flood gates are opening and now everything Fiorito did will be scrutinized and called into question.  Congratulations to Anita Alvarez for doing the right and honorable thing.

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.

Chicago's Cameras

On June 11, 2009, we posted an article about Chicago's expanded use of surveillance cameras.  Today, the national media has taken notice and the Wall Street Journal published an interesting article about the same thing.  Civil libertarians are worried that Chicago's expanded use of cameras will usher in the era of Big Brother.  What's interesting about Chicago's use of cameras is not only the 1,500 cameras that police have placed in potential trouble areas, but the integration of private security and surveillance cameras with the city's network.  If you read our article of June 11, 2009, even homeowners have been invited to allow their cameras to feed into the city's network.  One professor at the University of Illinois, Chicago estimates that at least 15,000 cameras feed into the city's network of surveillance cameras.  While there is no way that all 15,000 cameras can be monitored at the same time, when a call is placed into the 911 Emergency Call Center, the system identifies the location of the caller and immediately places a video feed from the nearest surveillance camera on the operators computer screen.  The Chicago police insist that these cameras have aided in the arrest and prosecution of thousands of people arrested for crimes.  The ACLU has made several requests for information about the surveillance cameras but the city has refused to provide the information.  Needless to say, the potential for abuse is great.

To read the Wall Street Journal article, click here.

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

Chicago May Impound Vehicles Driven By Suspended Motorists

Today, the Chicago City Council's Police and Traffic Committee approved an ordinance that would require that vehicles driven by drivers pulled over for driving on a suspended or revoked license be impounded.   The procedure for dealing with impounded vehicles would be the same as for any other reason that the city impounds vehicles.  This is not the first time such an ordinance was proposed.  The previous proposal was defeated because the construction on the Dan Ryan Expressway was not making it possible to have enough room at the city pound for these additional impounds.  The chances for passage are thought to be better this time because the Dan Ryan project has been completed and the overcrowding concerns at the city pound no longer exist.  The entire City Council is expected to take up the measure very shortly.  We will keep our readers informed of any developments.

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.

AMA Changes Stance On Marijuana

On Tuesday the nation's largest group of physicians changed its stance on marijuana.  The American Medical Association urged the federal government to remove marijuana from the list of Schedule 1 controlled substances.  Schedule 1 is the most serious classification for controlled substances.  It includes such dangerous drugs as heroin and LSD.  Since 1997 the AMA has maintained that it should be on the list of Schedule 1 drugs.  The American Medical Association has about 250,000 members.  The AMA has changed their stance on marijuana because they seek to conduct more clinical research on the risks and benefits of marijuana and try to develop medicines based on marijuana.  The change in the AMA's stance is another step in the evolving view of the risks and benefits of marijuana.  We have been reporting on the changes to various state laws which have led to the legalization of medical marijuana in 13 states.  However, the AMA did warn that this change in their stance should not be viewed as endorsement of the legalization of marijuana or support for medical marijuana.  The AMA is not the first major doctors organization to change their position on marijuana.  In 2008, the American College of Physicians, the nation's second largest physician group issued a statement calling for research into the therapeutic uses of marijuana.

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 Hears Arguments On Juveniles And Life In Prison

Today the United States Supreme Court heard oral arguments on a case involving whether it is constitutional to sentence juveniles convicted of crimes not involving murder to life in prison. We first discussed this in a post we published on May 10, 2009. The case before the court involves two juveniles sentenced to life in prison in Florida. The first case involves Joe Sullivan convicted of raping a woman in 1989 when he was just 13 years old. His attorneys have described Sullivan as being mentally retarded. The second case involves Terrance Graham who started serving a life sentence in 2005 for his role in an armed robbery when he was 17 years old. At the time of the armed robbery, he was on parole for a robbery. There are currently 109 teenagers serving life in prison. Roughly 84 percent of those juveniles are African American while only 13 percent of the U.S. population are African American. There are about 2,500 prisoners serving life in prison for crimes that were committed when they were teenagers. Other than Israel, the United States is the only country that routinely sentences juveniles to life in prison. Opponents of this practice are urging the Supreme Court to adopt the same reasoning it adopted in 2005 when it found the imposition of the death penalty against juveniles to be unconstitutional.

The cases are Sullivan v. Florida, 08-7621 and Graham v. Florida, 08-7412.

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.

Secret Out On How To Beat Speeding Ticket In Chicago

In the past few days, the Chicago newspapers have published articles about how motorists can beat traffic tickets issued by the Chicago police. Let me explain how it works. The vast majority of police departments in Illinois use the LIDAR laser detection device. It's the primary speed detector used by the Chicago Police. It differs from radar in that it uses light detection rather than radio waves. However, in order for the technology to be accepted in Court, the prosecution is required to conduct a "Frye" hearing in which the prosecutor brings experts to court and proves that the technology is sufficiently reliable that it should be accepted in Court. No such hearing has ever been held when it comes to LIDAR devices. The main reason is that when a defendant challenges the technology and the state gears up to conduct such a hearing, the defendants back out and plead guilty rather than conduct a long and expensive hearing over a simple speeding ticket. As a result, the courts have not accepted the technology and are routinely dismissing tickets generated by the use of the LIDAR devices. However, this has not deterred the City of Chicago from accepting payment of fines from motorists who just mail in their tickets and pay the fine. But for the motorists who show up to Traffic Court, the tickets are just routinely being dismissed when the judge sees that the LIDAR device was used to measure the speed of the motorist.

The lesson is to show up to traffic court rather than to just pay the fine.

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 Prosecutors Immunity

Today, the United States Supreme Court considered a case involving immunity from civil lawsuits against prosecutors who fabricated evidence. The case out of Iowa involves the conviction of 2 men for first degree murder in 1978 and sentenced to life in prison. Both men were released 25 years later after their convictions were thrown out. It turns out that prosecutors failed to reveal to anyone that they suspected another man had committed the murders and intentionally omitted his name from any police reports and failed to inform the defense attorneys that the suspect had failed a lie detector test. Both of the men filed civil lawsuits against the prosecutors claiming that the prosecutors coerced witnesses and created false evidence prior to the trial. However, prosecutors are immune from civil lawsuits based on their work at trial. The 2 men are suing the prosecutors for the work they did prior to the trial. The case involves whether the immunity of prosecutors stretches to work done before trial.

The court is expected to release its decision next year.

The case is Pottawattamie County v. McGhee, 08-1065.

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.

Charges Dismissed Against Ticket Writing Cop

On February 23, 2009 we published a blog about John Haleas, a Chicago police officer charged with perjury, official misconduct and obstructing justice by lying on police reports regarding arrests for DUI cases. Cook County Circuit Court Judge James Obbish ruled that prosecutors improperly used statements given by Haleas to Internal Affairs investigators during an administrative investigation by the Chicago Police Department. There is a Supreme Court case specifically on point which prohibits prosecutors from using statements given in an administrative proceeding in a subsequent criminal proceeding. Haleas had no choice but to give the statements to the investigators in the internal affairs investigation. The prosecutor who had been working on the case testified that he was careful to keep the statements given in the administrative investigation and the criminal investigation separate but this was not able to be verified because the prosecutors office lost the file.

Haleas had been given awards for being the most prolific enforcer of DUI laws when he led the state in the number of arrests. According to prosecutors Haleas failed to perform field sobriety tests and lied in his police reports.

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.

Expansion of Medical Marijuana Passes in Maine

Yesterday, Maine voters overwhelmingly approved a ballot measure expanding the medical marijuana laws in the State of Maine. The measure passed by a 59 to 41 percent margin. The measure would create dispensaries to disperse marijuana and increase the number of ailments eligible for a prescription. Most of Maine's newspaper editorial boards opposed the measure on the basis that the lack of oversight of the dispensaries would create problems for law enforcement. The passage of this measure bodes well for a measure that may be placed on the 2010 ballot which would decriminalize marijuana in Maine.

Maine becomes the fifth state to allow for dispensaries to distribute medical marijuana. In the recent months the federal government has announced that federal agents will stop raiding local marijuana dispensaries and distributors so long as state law allows for their existence and operation.

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 Lawyers Bad Advice

Today, the Supreme Court heard oral arguments on a very interesting case. In 2001 Jose Padilla plead guilty to drug charges in Kentucky. Padilla had lived in the United States for 40 years as a permanent resident. He asked his attorney if a plea of guilty to the drug charges would have any immigration consequences and was told that it wouldn't. Of course, Padilla's attorney was wrong and Padilla is now facing deportation. Padilla is claiming that the faulty advice by his attorney amounted to a violation of his Sixth Amendment right to effective assistance of counsel. Padilla is arguing that defendants need to be informed of the immigration consequences of a guilty plea since Congress has mandated that a conviction of certain crimes can lead to deportation. During oral arguments Justice Scalia expressed concern of opening a Pandora's box. Scalia wanted to know what the extent of the possible consequences could be. For instance, would the attorney have to advise the client that a plea of guilty could affect their client's right to own a gun, or to obtain financial aid, or affect their ability to have visitation of their children in a divorce proceeding. Justice Kennedy suggested that judges warn defendants that there may be collateral consequences to their guilty plea when they are being admonished at the time of the plea.

We will keep an eye out for the court's decision and pass it along to you.

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.