Baseball Steroid Case Brings Us Interesting Search Warrant Ruling

The U.S. Circuit Court of Appeals for the Ninth Circuit ruled that the Justice Department cannot retain electronic records of positive steroid tests of Major League baseball players because the federal government exceeded the scope of the search warrant when they seized the records. In 2004 federal agents raided the Bay Area Lab Cooperative (BALCO) in San Francisco and executed a search warrant. The search warrant authorized agents to search the computer records of Comprehensive Drug Testing, Inc., for the drug testing results of 10 specific players. Agents seized all of the records containing information on the test results of hundreds of baseball players. The Justice Department argued that they should be allowed to retain all of the records because they were found in plain view. The Court rejected this argument and found that the plain view doctrine does not extend to electronic searches. The federal government had argued that they stumbled upon this information while they were searching for information on the 10 players. The players union argued that they should not be allowed to retain the records because they did not have a warrant for the records of all the players.

The Court severely criticized the federal government for being "too clever" and was worried about the government seizing all the computers and checking all of the computers to find the specific information and then retaining all of it without a warrant.

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.

Police Pedestrian Crosswalk Stings Are Back

The Chicago Police are back with their pedestrian crosswalk stings. This time the stings are going to be at night. The first such operation will be next Monday night at the intersection of Belmont and Orchard. The police have targeted four other areas in the City for future sting operations: River North, Austin, Wrigleyville and 79th Street from Austin to the Dan Ryan Expressway. We first published a blog on April 20, 2009 about the first of such stings. Undercover officers, posing at pedestrians, will enter crosswalks and if motorists do not yield, as required by law, they will be pulled over by other officers waiting further down the street and issued a ticket of between $50 and $500 for failure to yield to a pedestrian. The police say that these operations will continue throughout the fall. To monitor where future sting operations will be held you can visit this link, cityofchicago.org/transportation for updates and announcements.

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.

Hearing Granted In Death Penalty Case

On June 30, 2009, we published a post about the case of Troy Davis, who has spent the last 18 years on Georgia's Death Row for the murder of a white policeman. There's so many problems with the evidence in Davis's case that the European Union and Pope Benedict have opposed his execution. On Monday, the United States Supreme Court issued a highly unusual ruling. Unusual because the Supreme Court is on recess until October and because it ordered something that it may have never done before. Davis will be allowed to have a hearing in Federal District Court to determine whether evidence not available at his trial could prove him innocent of the murder. The District Court will have to make findings of fact whether evidence that could have been obtained at the time of his trial could clearly establish his innocence. The court went on to reason that the substantial risk of putting an innocent man to death justified the holding of this evidentiary hearing. This is the first time anyone can remember the Supreme Court remanding a case for an evidentiary hearing to determine innocence. The bad news for Davis that it appears as if the Supreme Court is saying that the evidence of his innocence has to be so good that it clearly establishes his innocence. I guess for Davis that's better than nothing.

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 Arrests Among Women Rising

The National Highway Traffic Safety Administration (NHTSA) and the FBI have released some figures signaling a disturbing trend among women. From 1998 to 2007, the number of women arrested for driving under the influence of alcohol increased 28.8 percent. At the same time, the number of men arrested for driving under the influence of alcohol actually decreased by 7.5 percent, although the number of men arrested during this period outstripped women by about four to one. According to the Department of Transportation, these figures show that impaired driving by women is becoming a national safety issue. Despite an overall decline of 9 percent nationwide in the total number of drunk driving crashes, the number of women involved in fatal drunk driving crashes increased in 10 states and remained flat in 5.

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.

ICE Drops Quotas But Arrests To Continue

The head of Immigration and Customs Enforcement (ICE) has ended arrest quotas in the fugitive operations program. In 2003, ICE agents were deployed around the country to arrest immigrants who had deportation orders pending and immigrants with criminal records. Many thousands of immigrants were arrested in the early morning hours when immigration agents would show up at their homes and arrest them. A review of this program showed that roughly 73 percent of immigrants arrested between 2003 and 2008 did not have criminal records. In 2006 ICE stopped requiring that two-thirds of those arrested be fugitives and added non fugitives as targets of arrest. On Monday, John Morton, the head of ICE, announced that the agency would no longer have any quotas or hard number and would just continue arresting individuals who had fought their cases in court and lost. Even though noncriminal fugitives are not out of the woods. Morton indicated that the agency will focus its attention on immigrants with criminal records.

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.

Bad Economy Impacts Chicago Gun Turn In Program

This weekend, the Chicago police held their annual gun buy back program. Chicago residents were urged to turn in guns at any 27 participating churches throughout the city. Depending on the type of gun, residents were given either a $10, $50 or $100 gift card. The money for the gift cards was raised through corporate donations. Because of the slow economic conditions, corporate donations were down so the amount of the gift cards was reduced. This year, 1,887 guns were turned in. Last year 6,880 guns were turned in. The dramatically lower figure this year is being attributed to the smaller amount of the gift cards due to the reduced corporate donations.

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 Law Targets Jail Phone Scams

Illinois Governor Pat Quinn signed a new law into effect which makes it a felony to commit a phone scam from jail or use other forms of electronic communication to commit fraud, theft or identity theft while incarcerated. The new law is in response to a case involving 20 inmates at the Cook County jail caught placing more than $50,000 in illegal collect calls to random phone numbers throughout the United States and Canada. The inmates would identify themselves as police officers and would inform the people answering the calls that a loved one was involved in a car accident and that they need to call a supervisor and gave them a phone number beginning with *72 or 1172. Once the victims called the numbers their phone numbers would be hijacked and inmates would be able to use the phone numbers to make collect calls from jail without paying for them. This new law was enacted to specifically target these types of crimes.

This new law goes into effect on January 1, 2010.

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.

Markham Juvenile Court Featured in Tribune

The front page of today's Chicago Tribune featured a very interesting article about the juvenile court in Markham. The juvenile court in Markham is the busiest in the country. According to the Chicago Tribune, Markham's juvenile court has a total of 2,072 pending cases. Chicago juvenile court has 911 open cases. Markham beats Chicago's busiest juvenile courtroom by twice as many cases. Markham's caseload is more than in Los Angeles and New York. Up to 120 juveniles a day appear in front of Judge Michael Stuttley in the basement of the Markham courthouse. The courtroom personal are overworked and unable to give all of the cases the attention they deserve. Starting January of 2010, a new state law will take effect which will allow 17 year olds charged with a misdemeanor to have their cases heard in juvenile court. This change in state law is expected to increase the caseload in Judge Stuttley's already overburdened courtroom. There are very few alternatives available to lessen the caseload in Markham. There is space in the Bridgeview courthouse but it is not accessible by public transportation. A new courtroom has been built and prepared in nearby Harvey, but it cannot be used because it is owned by the state. And the state's current budget problems leave very little room for options.

To read the actual article, click here.

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

New Domestic Violence Laws Enacted

On Wednesday, Illinois Governor Pat Quinn signed into law 2 new measures which impact the area of domestic violence. Beginning January 1, 2010, a victim will be able to get an order of protection against anyone who intentionally, knowingly, or recklessly engages in repeated and unwanted contact with them or with a member of their immediate family or household. The victim must prove that they were alarmed or were in reasonable apprehension for their safety or the safety of family members. Under existing law the victim must prove that a domestic relationship existed between them and the stalker. The new law removes that requirement. The second law provides that when someone on parole is arrested for violating an order of probation, their parole is automatically revoked.

These new laws make it easier for victims of stalking to obtain an order of protection. Victim's advocates state that these new laws close gaping loopholes in existing law.

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.

Kane County DUI Program May Be Ending

On July 1, 2009, we posted a blog about a Kane County DUI program that has been called the "no refusal" program. The program has been controversial and now some Kane County police agencies are refusing to participate in the program. With this operation, local police agencies set up road blocks pulling over motorists. If the police suspect that the driver is driving under the influence of alcohol they request that they submit to blood draws or breath tests to determine if there is alcohol in their system. Judges are stationed at these road block locations so if a motorists refuses to submit to such a test, a search warrant is obtained on-the-spot. If a driver refuses to comply with the warrant, they can then face additional charges, such as contempt of court and obstruction of justice. At least two local police agencies have informed Kane County State's Attorney John Barsanti that they are refusing to participate in this program. A total of 3 "no refusal" crackdowns have been held. A total of two drivers have refused to comply with these warrants. One driver was charged with contempt of court and won in court. The second was charged with obstruction of justice and his case is still working it's way through court. So far, police in Batavia, Geneva, Elgin, Kane County Sheriff's Police, and Illinois State Police have participated. During the last "no refusal" crackdown, only three drivers were arrested for DUI.

Barsanti has asked 30 local police agencies in Kane County to let him know if they will be interested in participating in future operations. If Barsanti does not receive enough support, he said that he will consider abandoning the program.

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.

Peterson Challenges New Hearsay Law

The attorneys for Drew Peterson have filed a motion to begin the process of challenging the state's new hearsay law enacted last year. On November 22, 2008 we published a blog discussing how the Illinois Legislature passed the legislation that some are calling "Drews law" that gives judges the ok to allow hearsay evidence at a murder trial if prosecutors can prove, in a pretrial hearing, that the defendant killed the victim to prevent them from testifying. In the case of Drew Peterson, that evidence is expected to be the victim's letters and statements to friends and family. The challenge by Peterson is not unexpected and the arguments being made by his attorneys are also the correct and proper arguments that should be made. The argument is that this law violates the defendant's 6th Amendment right to confront their witnesses, retroactively applies to Peterson and erodes a defendant's presumption of innocence by asking a judge to determine before trial if the defendant murdered the victim in order to silence them. In addition, the law was written and passed with the assistance of the Will County State's Attorney James Glascow, who is prosecuting Peterson in Will County.

Glascow's office has stated that he believes that the constitutionality of the law will be upheld and that he will prevail in the matter.

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 Law Makes Sex Offenders Use of Social Networks a Felony

Illinois Governor Pat Quinn signed a new law on Tuesday making it a felony for registered sex offenders to use social networking sites. This new law tries to close the door to opportunities for registered sex offenders to arrange for contact between themselves and prospective victims. As the use of the internet has been expanding, more and more sex crimes are being initiated through social sites on the internet. This new law aims to force registered sex offenders to keep their distance from potential victims.

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.

Finding of Not Guilty After Trial For UUW

Today, we obtained a verdict of not guilty after a bench trial at the Bridgeview courthouse for an Aggravated Unlawful Use of Weapon case. I realized that the state had a weak case from the very beginning. The officer testified that he was responding to a call of "shots fired." He was driving around in the neighborhood where the shots were allegedly fired and saw my client sitting on a porch with 2 other individuals. He pulled over his squad car in front of the home and asked the individuals to come over to his vehicle so he could talk to them. The officer testified that when my client stood up he saw a handgun on the stairs right where my client had been sitting. He placed my client under arrest and took him down to the station. About 90 minutes later, the officer said he questioned my client and that he admitted that the gun was his. I was able to show the court that my client was with 2 other individuals on the porch, the alleged confession was not recorded and not in writing, there was no other witness to the alleged confession other than this one officer, the state failed to bring the gun that was alleged to have been recovered to court and that there was no other evidence that the gun belonged to our client. The court found my client not guilty and the long ordeal for my client is finally over. My client is 28 years and has no criminal record. At the time of the arrest, he was a security guard at a store. He had been working security for over 3 years. He lost his job after this arrest and has been unable to get a job anywhere. He can now will file a petition to expunge the arrest and have it completely removed from his record so he can move on with his life without this terrible experience haunting him.

The lesson of this case is that police officers have to try to resist the urge to always make an arrest. Instead of just seizing the handgun and destroying it and being grateful that a dangerous weapon has been taken off of the streets, the police could not just leave it alone and had to find someone to hold responsible even though the evidence of my clients guilt was thin. The fact is that any of the 3 individuals on that porch could have been arrested and my client had to be the unlucky winner of that competition. The result for my client was devastating. For the past year he has been out of work and forced to move back with his parents to survive. You can only imagine the sense of relief he felt when he walked out of court this afternoon.

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 Murder Rate Is Dropping

Chicago Police Superintendent Jodi Weis announced an 11 percent drop in the murder rate and an overall drop of 9 percent drop in the crime rate in Chicago. During the first seven months of 2009, there were a total of 258 murders compared to 290 during the same period in 2008. However, the number of violations issued to youths who were out on the streets after the curfew has risen from last year. A sign that parents are not doing enough to keep their kids out of trouble. At least 8 youths have been the victims of murder while out on the streets past the curfew.

Weis hailed efforts by the Chicago Police to get guns off of the street and to execute more search warrants and to go after street gangs.

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.

Immigration Officials Announce Major Changes To Detention Centers

Immigration and Customs Enforcement (ICE) has announced sweeping changes to the detention centers around the nation. The goal of the changes is to reduce the number of immigrants being held in jails and jail like facilities, to improve the living conditions of detainees, and to make sure that the rights of detainees are protected. A new office has been created, the Office of Detention Policy and Planning (ODPP). This new office will be in charge of overseeing the location and operation of detention facilities, make sure that health care is provided for detainees, and to make sure that the rights of detainees are not violated. A facility that has been used to house families will be closed and will be used to house women only. This family housing facility has been the subject of great criticism by immigrant and civil rights groups for many years.

Of particular importance to us is that the stated policy of ICE is now to allow all criminal charges to be pursued prior to initiating removal proceedings. The reforms are expected to take many years to implement.

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.

Illinois To Ban Texting And Driving

Today, Illinois Governor Pat Quinn will sign a new law which bars driving from sending text messages while driving. This new law would allow police to stop and ticket motorists who text while driving. Illinois will join 14 other states that have similar laws. The new law will take effect on January 1, 2010. The new law will allow drivers to pull over and put their car in neutral and send text messages. This new law will also allow drivers to use GPS devices with their phones. Critics of this new law argue that this new measure will give police yet another reason to pull over motorists. Especially minorities.

It will be interesting to see how often this new law will be used and how prosecutors will be able to prove that a driver was texting.

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 Law Bars Sex Offenders From Ice Cream Trucks

On Tuesday, Illinois Governor Pat Quinn signed a new law that bars sex offenders from operating ice cream or snow cone trucks in Illinois. This new law bars sex offenders from operating trucks that sell food or beverages. The main purpose of the law was to make sure that sex offenders do not operate trucks that sell ice cream to children. The fear is that sex offenders would get a job operating these trucks just so they can be around children. The same law also bars sex offenders from operating ambulances.

Many other states have enacted laws like this. Other states require background searches before someone is allowed to operate these trucks.

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.

Attorney Ioakimidis Argues For Lower Bond In High Profile Arson Case

On July 17, 2009, I appeared before Judge Maria Kuriakos Ciesil at Central Bond Court at 26th and California for a bond hearing on an arson case that was being covered by the local media. Click here for a list of the location of Cook County courthouses. I had appeared before Judge Ciesil many times and consider her to be smart and fair. When a judge sets a bond they have great leeway in taking various factors into consideration when deciding the amount of the bond.

Our client was charged with an arson for setting fire to a building. The purpose of the hearing was for the judge to determine what would be an appropriate bond for our client. I argued that the primary purpose of bond is to make sure that the defendant appear in Court and the amount of money my client would have to post should not be punitive. In other words, we should not punish a defendant with a bond that is so high that he is stuck in jail waiting for the case to conclude before he has been convicted of an arson and sentenced. I pointed out to the judge that our client had no previous record and no violent history. Besides, even if he was eventually convicted of arson he could still receive probation. I stressed to the judge that the defendant is innocent of the arson until he is proven guilty. I argued that the bond should not be so high as to punish the defendant before he has even had a chance at a trial. Judge Ciesel did not agree with me and set a bond of $250,000.00 was too high. The Judge was concerned about potential danger to the public.

For a Chicago Breaking News article on this case 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.

California Bracing For Massive Prisoner Release

A panel of federal judges has ordered the State of California to reduce its prisoner population by 40,000, or about 27 percent within 2 years. The case arises out of a claim by prisoners that the prison health care system is defective and is causing the unnecessary death of at least one prisoner a day. The federal court has ordered the State of California to implement changes to the health care system to better treat the inmates. However, California is in the midst of serious budget problems and the changes mandated by the court cost money. Money the State of California does not have. In response, the panel of federal judges issued a scathing 184 page order requiring the State of California to come up with a specific plan within 45 days to release the prisoners. The court held that reducing the prisoner population is the only way to remedy a broken prison health care system. The court recommended that the state imprison fewer non violent offenders and limit the number of parole violations. In its opinion, the court described the chaotic overcrowded conditions of some California prisons. Gymnasiums stacked with triple bunk beds, inmates placed in closets and hallways. These overcrowded conditions allow for disease to spread easily and not enough guards to monitor the inmates health conditions.

This case has been going on for 15 years. The court has repeatedly tried less intrusive means before this decision. The State of California is expected to appeal this decision to the United States 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.

Holder Talks About Getting "Smart" On Crime

On Monday, United States Attorney General Eric Holder addressed the American Bar Association in Chicago. In his speech not only did he call for getting tough on crime, but he called for getting "smart" on crime as well. He said that jail is not the only answer to law enforcement. Roughly 1 in every 100 American adults is behind bars. He noted that this is "the highest incarceration rate in the world." He noted this rate continues to rise and that the rate of incarceration cannot be sustained from an economic standpoint. He called for programs that keep tabs on inmates after they are released and drug treatment programs as an alternative to jail for first time offenders. He also called for programs to study how to help children at risk of becoming criminals and called for the lack of funding for public defenders. Once again he addressed the sentencing disparities between powder and crack cocaine. He ended his speech by stating that his goal is to move towards a system of fairness and effectiveness.

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.

House Moves Forward With Bill Eliminating Disparities In Cocaine Sentences

On Wednesday, the House Judiciary Committee approved a bill that would eliminate sentencing disparities between powder cocaine and crack cocaine. The bill was approved by a vote of 16 to 9 and now moves the full House for its consideration. We have been reporting for a long time about this issue, such as the 100 to 1, crack to powder disparity. This disparity is unjust because it unfairly punishes African-American defendants who are more likely to be convicted of crack cocaine offenses than White offenders who are more likely to be arrested with powder cocaine. The current sentencing guidelines treat crack offenders much more harshly than powder cocaine offenders. In 2007, the U.S. Sentencing Commission amended the Sentencing Guidelines to fix this injustice and voted to give retroactive effect to those amendments. At least 3000 inmates have had their sentences reduced because of these sentencing amendments. Just last month, U.S. Attorney General Eric Holder urged reform of the sentencing laws to deal with this disparity.

We will keep our readers updated on the progress of this legislation.

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.

South Dakota Supreme Court Overturns Death Sentence

The South Dakota Supreme Court has overturned the death sentence of a 29 year old man because the judge did not properly advise him of his jury rights at the time of sentencing. Briley Piper abducted a 19 year old victim, along with two other defendants, as part of a plot to burglarize the home of the victim's mother while she was on vacation. After they abducted the victim, the forced him to take off most of his clothes, forced him to go into an icy creek, stabbed him repeatedly, kicked him in the head 30 to 40 times, struck him with large rocks and eventually forced him to drink hydrochloric acid. The victim's body was found in a creek several weeks after he was abducted. Piper plead guilty to the murder and waived his right to a jury to determine his sentence. At the sentencing, the trial judge incorrectly told Piper that if he chose a jury, his fate would be decided by them, instead of telling him that even if one juror disagreed on the death penalty, he would receive life without parole. The South Dakota Supreme Court ruled that this mistake meant that Piper did not make a knowing and voluntary waiver of his right to a jury.

This ruling by the South Dakota Supreme Court leaves Piper's first degree murder conviction in tact but returns the case to the trial court for sentencing. Piper's attorney has indicated that Piper will ask for a jury to determine his sentence.

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.