McHenry Prosecutor Tough Stance Stretching County Resources

There's a report in today's Daily Herald that court resources in McHenry County are being stretched due to the drastic increase in jury trials. In 2004, there was only a total of 48 juries. In 2007 that number went up to 97, and in 2008 that number increased 139. There could be several reasons for this such as the increased in county population, changing state laws that affect the number of felonies and DUI offenses. But the article points out that many local criminal defense attorneys point to the hard line stance taken by McHenry County State's Attorney, Louis Bianchi. Local attorneys are reporting that the prosecutor's office is making ridiculous offers thereby leaving defendants no choice but to go to trial. Bianchi readily admits that his policies are leading to more trials but makes no excuse for his stance. However, the county only has a limited number of judges, courtrooms and support personnel to deal with this increase in trials. And with the current budget problems facing state and local governments, it is unlikely that there will be any additional funding to deal with this problem.

Bianchi staunchly defends his policies and believes that the trial experience will benefit his assistants as they gain experience from jury trials.

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.

Further Update on Florida Lawyer Case

On November 17, 2008, we posted a blog about Ben Keuhne, a prominent Florida criminal defense attorney charged by Federal Prosecutors with laundering drug money as part of his acceptance of legal fees by an alleged Columbian drug lord. On December 10, 2008, we posted another blog about how the Keuhne's attorneys were attempting to get the charges dismissed. On January 10, 2008, we posted another blog reporting that the federal judge presiding over the case dismissed Count 1 of the indictment. The dismissal of Count 1 was a serious blow to the government's case and a major victory for the defense. We are now reporting that the trial of Ben Keuhne has been continued from January 20, 2009 to April 27, 2009. The government is considering whether to appeal the trial court's dismissal of Count 1 and the defense is considering taking depositions of witnesses in Columbia. In addition, one of the attorneys for Keuhne, a major supporter of President-Elect Barack Obama, is going to be attending the inauguration tomorrow.

It is looking like the government's case against attorney Keuhne is unraveling and falling apart. We will continue to monitor this case and report 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.

Supreme Court To Hear School Strip Search Case

The United States Supreme Court has agreed to hear a school strip search case. A 13 year old female student at the Safford Middle School in Safford Arizona was strip searched by a school nurse based on an uncorroborated accusation by a classmate that she was hiding prescription strength ibuprofen pills. At the end of the day, no pills were found. The mother of the girl filed a Federal Civil Rights lawsuit on behalf of her daughter. The Federal District Court dismissed the lawsuit holding that the search of the 13 year old girl was constitutional. A three judge panel of the Court of Appeals upheld that decision, but then the entire 9th Circuit Court of Appeals heard the case and found that the girls rights were violated. The court held that the strip search of the girl was "a grossly intrusive search of a middle school girl to locate pills with the potency of two over-the-counter Advil capsules."

The United States Supreme Court will decide whether the search was constitutional, and if it was not, whether the vice principal that ordered the search can be held financially liable for monetary damages.

The case is Safford United School District No. 1. v. Redding, 08-479.

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.

Supreme Court Issues 4th Amendment Decision

The United States Supreme Court issued an important decision concerning the 4th Amendment's so called "exclusionary rule." The case is Herring v. U.S. 07-513. Bennie Dean Herring was arrested by Coffee County Alabama sheriff's deputies because there was a warrant for his arrest out of neighboring Dale County Alabama. The problem is that the warrant out of Dale County Alabama had been recalled many months earlier but was mistakenly not removed from the county computer system. Thus, when Coffee County sheriff's deputies arrested Herring, they did so by mistake. After Herring was arrested, sheriff's deputies searched him and found amphetamines in his pockets and an unloaded gun in his truck. After Herring was taken to the police station, it was discovered that the warrant did not exist, but it was too late for Herring. He was subsequently convicted of federal gun and drug charges.

On Wednesday, the United States Supreme Court, in a 5 to 4 decision, held that the evidence obtained by the Coffee County sheriff can be used to prosecute Herring. The Supreme Court refused to apply the exclusionary rule when the search and seizure is based on a simple police mistake. The majority opinion was written by Chief Justice John Roberts who held that evidence seized by the police may be used "when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements." Justice Roberts was joined by the conservative justices, including Justice Anthony Kennedy. This decision was along ideological lines.

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.

Final 2008 Crime Statistics Show Troubling Trends

Readers of this blog know that we have been keeping a periodic eye on the violent crime trends in the City of Chicago throughout 2008. The Chicago Police just released their final figures for violent crime in 2008 and the numbers point to a troubling increase in many violent crime categories. There were a total of 510 murders last year. Of those murders, the police believe that 229 of them were gang related. There's at least one estimate that at least 100,000 gang members live in the city. Of the 510 murder victims, 310 had criminal records and 40 percent were killed with guns. There was also an increase in the number of Robbery, Theft and Burglary cases in 2008. The number of murders increased by 14.6 percent, robbery increased by 7.8 percent and burglary was up by 4.8 percent. The total increase in crime was 2.5 percent, the violent crime rate increased by 2.1 percent, and property crimes increased by 2.6 percent. In light of all these increases, there was some good news. Criminal Sexual Assaults, Aggravated Battery and Aggravated Assault decreased in 2008. Arsons were down 9.1 percent.

It will be interesting to see what these numbers look like like in 2009. There is no doubt that we are in the midst of some tough economic times. Generally, crime rates increase during times like these. The Chicago Police have targeted combating gang crime and have set up special units to try to lower the rate of violent 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.

Chicago Attorney Arrested For Smuggling Drugs to Inmates

A Chicago criminal defense attorney has been arrested by Cook County Sheriff's investigators for smuggling drugs into the cells behind the courtrooms at 26th and California. The case started when an inmate was found to have a mixture of marijuana and cigarettes on him. The inmate was questioned and implicated his girlfriend. His girlfriend was questioned and she implicated the attorney. The way it worked was that the inmates girlfriend would pass through courthouse security with the illegal drugs hidden in her underwear. The girlfriend would then hand the items over to the attorney outside of the courtroom. The attorney would then go to the lock up, behind the courtrooms, and hand them to the defendants. On Wednesday, Sheriff's investigators set up a sting operation involving undercover officers. One undercover investigator handed 20 grams of marijuana to the attorney along with $25o, and the other undercover investigator accepted the marijuana while posing as an inmate. After the attorney was arrested, he admitted to smuggling marijuana to inmates on at least five occasions since October. Each time he was paid $250. If the attorney is telling the truth, all he made off of this scheme was $1,500.

The attorney was charged with two counts of possession of marijuana, delivery of marijuana and bringing contraband into a penal institution. Bond was set at $75,000.

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 Speedy Trial Issue Case

This week, the United States Supreme Court will be considering an interesting case that could have wide ranging implications as states and county governments are running into budget problems. The question is whether delays caused by Public Defenders constitute a violation of a Defendant's Sixth Amendment Right to a Speedy Trial? Michael Brillon was arrested and charged by Vermont law enforcement authorities with hitting his girlfriend in her face. He sat in jail for nearly three years and went through six Public Defenders before being convicted of the assault. He was sentenced to between 12 to 20 years in prison because he was a habitual offender. A Vermont appellate court threw out his conviction finding that the delays violated his Sixth Amendment Right to a Speedy Trial. The court found that the government should be held responsible for the delays since the Public Defenders work for the state and are paid by the state.

We will keep an eye out on this case because of the potential consequences in these hard economic times. State and county governments are cutting back on funding for Public Defenders, causing already overworked Public Defenders to ask for delays as they try to deal with their work load.

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.

Won Parking Ticket Hearing in Chicago

On October 29, 2008 I received a parking ticket in downtown Chicago for Noncompliant Plates. The parking ticket indicated that I had violated 9-76-160(d) of the Chicago Municipal Code because I had improper plastic covers on my plates. I requested a hearing on the ticket, and the hearing was held today on Addison Street. I pulled the actual city ordinance which states that "no registration plate shall be covered by any tinted or colored screen." I have clear plastic covers on my plates. I also did some research into state law and discovered that effective June 1, 2008, under state law you cannot have any clear covers on your plates. I assume that these prohibitions about covers on plates have to do with the ability of red light and traffic cameras to take pictures of license plates. But since the ticket was written as a violation of the Chicago Municipal Code, I raised this defense in my hearing. I even brought the clear plastic plate cover with me to the hearing. I had taken photographs of my vehicle with my cell phone camera as soon as I received the ticket and showed those photographs to the hearing officer to prove that the same clear plastic cover I had brought to the hearing was on the plates when the ticket was issued. The photographs made the plastic covers appear slightly tinted but pointed out that I had parked the vehicle directly below the overhead CTA tracks.

I noticed that many citizens before me were arguing excuses rather than raising legal defenses to their ticket. One elderly man argued that he should not have been given a ticket for stopping his car in a zone clearly marked as a "no stopping or standing zone" because he had a stroke and was being dropped off to the doctor's office. Another man was able to prove that he had his registration for his vehicle but had forgotten to place it on his windshield. All of these arguments failed because while they are valid excuses, they are not legal defenses. First, start by looking at the law and see if you can defend your ticket by arguing that you did not violate the terms of the law.

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 a prominent Florida criminal defense attorney who has been indicted by the federal government with laundering drug money. For the original post click here. On December 10, 2008 we posted another update on this case.

On December 22, 2008 the federal judge presiding over the case dismissed Count 1 of the indictment against this attorney. Count 1 was the Money Laundering Conspiracy Charge. This charge was the central charge against this attorney. The judge found that Congress specifically exempted actions necessary for a person to hire an attorney from the federal money laundering statute.

This ruling does not end this case. The judge kept all the other charges in place leaving the lawyer still exposed to a criminal conviction. However, local attorneys believe that this ruling is a major victory for the defense. This victory makes the government's case against the attorney much more difficult.

We will keep our readers updated on the status of this case because it has major implications on a citizen's right to hire an attorney.

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 Waukegan Clerk

On October 14, 2008 we posted a blog about a Waukegan store clerk shooting a robber that had fled his store. For the full post click here.

This week a Lake County grand jury decided that no charges should be filed against the store clerk. It is very rare for a grand jury to refuse to indict an individual. This shooting has been a source of conflict in Lake County. The victim was shot by the store clerk as he was fleeing the store on his bicycle. A second offender fled the store and has never been found. The victim was on parole from prison for less than a month for a Residential Burglary.

This was the second killing at this same store. In 2002 a store clerk hit an alleged shoplifter over the head with a mallet. That store clerk was eventually charged with Second-Degree Murder but was found not guilty by a jury.

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.

Seventh Circuit Upholds Chicago Red Light Cameras

Today, the Seventh Circuit Court of Appeals found for the City of Chicago in a lawsuit claiming that Chicago's use of red light cameras was unconstitutional. Over 200 red light cameras have been installed in the City of Chicago since 2003. These cameras take pictures of vehicles when they run a red light and a traffic violation is mailed to the owner along with a fine for $90. Motorists sued the city claiming that the process punished owners rather than drivers, it violated Due Process and Equal Protection and that the cameras were a revenue raising measure rather than a legitimate law enforcement purpose. The Court disagreed with all of these claims and found that there is no fundamental right to running a red light and that the cameras served a legitimate governmental purpose of protecting the public.

The City has already announced plans to expand the use of cameras. The State of Illinois has already announced plans to use cameras to catch speeders on highways throughout the State of Illinois and cameras are being used in well over 20 states throughout the United States.

Similar lawsuits are pending in other jurisdictions but this decision does not bode well for foes of these cameras.

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.

New DUI Law Takes Effect

The Illinois DUI law has been drastically changed starting yesterday. Gone is the Judicial Driving Permit. The Judicial Driving Permit has been replaced by the Monitoring Device Driving Permit. The new law will require that anyone who wishes to drive during a period of suspension to install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle. The device costs about $150 for installation and about $100 a month. The driver must blow in the device before starting. If the device detects a blood alcohol content of 0.25 it will not allow the car the start. In addition, the device will require that the driver periodically blow into the device while they are driving. The device will be monitored by the Illinois Secretary of State. In addition, the period of suspension for first time DUI offenders will be increased from 3 months to 6 months as well as extending the period of suspension for drivers who refuse to blow to 12 months.

With this new BAIID device, Illinois joins Arizona, New Mexico and Louisiana as the only states mandating the use of this device. But commentators believe that Illinois has the toughest provisions because the Illinois law places the responsibility for the installation and monitoring of this device with the Illinois Secretary of State. This law will apply to anyone who wants to drive during a period of suspension.

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.

Murders in 2008 Finish At 509

The number of murders in Chicago ended 2008 at 509. Readers of this blog know that we have been following the murder rate and the violent crime rate all year as it has been increasing. In 2007, there were a total of 443 murders. 2008's increase represents a 15% increase over 2007. The actual number of murders is among the lowest in many decades. What is of concern, is the double digit increase in this rate from 2007. There was an increase of a little under 4% in the overall crime rate. This issue calls into question the job of Police Superintendent Jody Weis. Superintendent Weis was appointed to his position a year ago. He was recruited from the FBI to change the image of the Chicago Police. He immediately replaced many veteran officers with a new group of people. There's whispers of low morale and some dissatisfaction from officers. Superintendent Weis has been questioned by Chicago Alderman and has been forced to address these rumors of morale problems in the police department. He has publicly asked that his officers be more aggressive on the street and has started some new police units to try to combat the increase in gang crime and violent crime.

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.