DNA Tests Casts Doubt On Texas Man Who Was Executed

Claude Howard Jones was executed in Texas on December 7, 2000.  He had been convicted of murder and sentenced to death largely on a single strand of hair recovered from the crime scene.  Testimony at his trial was that microscopic tests identified the hair as Jones' and he was sentenced to death.  One day before his execution, his attorney petitioned then Texas Governor George Bush for a 30 day reprieve so that the single strand of hair could be subjected to DNA testing.  Governor Bush denied the request based on the recommendations of his staff lawyer, who apparently made no mention of the DNA test to Bush.  Today, a DNA test of the hair requested by the Texas Observer and the New York based Innocence Project has revealed that the hair did not belong to Jones but matched the robbery victim.  While the test does not prove that Jones was innocent, it also did not implicate Jones.  This new test raises troubling questions about the case and begs the question about whether an innocent man was put to death in Texas.  Other than the hair evidence, there was one witness who testified that Jones resembled the man he saw enter the store where the murder occurred.  

Claude Howard Jones proclaimed his innocence to the very end.

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 Police Change Requirements For Applicants

The Chicago Police Department has announced that they are changing the requirements for applicants.  A written exam will be held on December 11, the first in four years. The minimum age for an applicant has been raised from 21 to 25 in an effort to attract more mature applicants. They are also requiring that at least 20 percent of applicants picked for each class will be military veterans, provided that enough military veterans apply for positions.  If an applicant was a member of the armed forces for at least three years in a row, or one year of active duty with at least 30 hours of college credit, they can apply for a position even if they are as young as 21 years old.  All other applicants must be at least 25 years old and have completed at least 60 semester hours of college.  This new age requirement is in conflict with the police departments cadet program which allows people as young as 17 and 21 years old to work with police officers to learn how to do the job.  They will now have to wait until they are at least 25 years old before applying for a position with the Chicago Police Department.  The current city budget provides for the hiring of two new classes of recruits.  Each class includes 75 to 100 new hires.  The City is planning on hiring about 200 more officers next year.  The department is currently about 2,300 officers short of authorized strength.  A result of a more than two year hiring slowdown.

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.

Libertyville Red Light Camera Revenue Falls Below Expectations

The town of Libertyville reports that the revenue that they expected to receive from their red light cameras has fallen far below the original estimates.  Last May, Libertyville installed cameras at four intersections, Route 45 and Peterson Road, Milwaukee Avenue and Artaius Parkway, Milwaukee Avenue and Route 137 and Peterson Road and Butterfield Road.  As of the end of October, a total of 1,030 citations were issued at all four intersections.  Each citation carries a $100 fine.  $70 of the fine goes to Libertyville and $30 goes to the private company, Gatso-USA.  706 tickets have been paid, 324 remain outstanding and only nine tickets have gone to an administrative hearing.  The revenue from the tickets issued is expected to be $716,000 short of the amount that had been expected to be generated.  Apparently, drivers in Libertyville have gotten the message that red light cameras are installed at these intersections and are being careful not to get caught.  Also, the town does not issue tickets for right turn on red lights, a major source of red light ticket in other towns.  The town does not consider those to even be violations and specifically excludes these from their contract with Gatso-USA.  This may be a big reason why revenues have fallen short of expectations.  Libertyville will re-evaluate the use of cameras a year after they were installed.  The results will also be reviewed by the Illinois Department of Transportation which may order that they cameras be removed since they are all located on state roads.

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 1-8--228-7295.

Chicago Crime Rate Continues To Decline

For the 22nd consecutive month, the crime rate in Chicago declined in almost every major category.  There is an outside chance that 2010 could see the lowest murder rate in modern history.  From January to October of this year, there had been 379 murders.  This is 9 fewer than the same time period in 2009.  The 2010 murder rate is keeping pace with the 2007 murder rate.  In 2007, there were 435 murders.  This was the lowest figure since 1965.  If the murder rate stays low in November and December, the 2010 figures could beat the 2007 figures.  In 1965 there were only 395 murders.  It is highly unlikely that 2010's figures will beat the 1965 numbers.  These new figures reflect a continuing steady decline in the murder rate in the past 15 years.  There was a huge jump in the murder rate in the early 90's, but there have not been more than 500 murders in the past six years.  Roughly 55 percent of murders were gang related.  This is why the Chicago Police have been focusing their attention on dealing with gangs.  The number of criminal sexual assaults were down 7.6 percent, robberies were down 11.6 percent and aggravated assaults dropped 12.2 percent.  

The good news about the murder rate doesn't change the fact that out of all major U.S. cities, Chicago has the second highest per capita murder rate.  In 2009, there were 16 murders per 100,000 people.  Los Angeles had 8 out of 100,000 and New York had fewer than six out of 100,000.  Philadelphia is in first place.

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.

1410 or 410 Probation - A Primer

As a continuing service to our readers, we are presenting our first  article in our "Primer" series

I frequently get calls from clients inquiring about different options for avoiding a felony conviction for a drug case.  An often misunderstood type of first time felony drug offender probation that allows defendants to avoid having a felony conviction is commonly known as 1410 or 410 Probation.  Here's how it works.  When you are sentenced to 1410 or 410 Probation, you plead guilty to the drug offense at the time of sentencing.  A Motion to Vacate your plea is entered and continued until the termination date.  Once you successfully complete your probation, your conviction is vacated, as if it never happened.  So, when someone runs your criminal record, it doesn't show a conviction.  However, a record of your arrest, and the court files and records will remain.  A background search will turn up those records and an employer may not hire you once they find out that you were once charged with a felony drug case.  The only way to remove the court records and the arrest record is to expunge or seal your records.  You can expunge the case 5 years after you complete your 1410 or 410 Probation.  The law does allow you to seal your case 4 years after completion of your 1410 or 410 probation.  However, expungement is much more thorough then sealing and sealing takes much longer than expungement so you are better off waiting for the expungement.  1410 or 410 Probation is a great alternative for first time drug offenders which allows them to avoid having a felony drug conviction on their record which will follow them around the rest of their lives.  Of course, in order to expunge or seal you must not catch any other cases after you completed your 1410 or 410 probation.

On a side note, 1410 or 410 probation may not preclude an alien from being deported by Immigration.  There is at least one case from this jurisdiction, Gill v. Ashcroft, 2003, which held that a sentence of 1410 or 410 probation is considered a conviction under immigration law.  Other jurisdictions have held differently and this issue may very well make its way to the United States Supreme Court.  But the point is that practitioners need to be aware of the potential immigration consequences of a sentence of 1410 or 410 probation.

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.

Elgin Actively Helping ICE Find Illegal Immigrants

Elgin has made it clear that it wants to help U.S. Immigration and Customs Enforcement (ICE) agents track down illegal aliens involved in criminal activity.  Last week the Elgin Police Department announced that they have become the first local police agency in the area to have one of its officers join a federal task force that tracks down foreign born gang members with questionable residency status.  This move is being done to strengthen Elgin's relationship with ICE.  Currently, all foreign born people arrested in Elgin have their identities checked through the Immigration Alien Query database to verify their immigration status.  ICE has a contract with the City of Elgin to house ICE detainees for up to 72 hours in Elgin jails.  This gives ICE an opportunity to investigate the immigration status of people arrested and place a detainer on them.  The officer joining the federal task force will help track down people released by mistake before ICE was able to place a detainer on them.  Back in June, Elgin Police announced that two detectives had been assigned to the Regional Document and Benefit Task Force which tracks down people who create fake and fraudulent documents.  ICE reports that they have arrested over 280 gang members in the region so far this year, and over 4,000 nationally.  ICE credits the cooperative efforts of local police agencies for the arrests.

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 Supreme Court Upholds Dismissals Due To Judge Shortage

In Riverside County, California, 18 criminal cases were dismissed because there were not enough judges available to hear the cases.  Nearly 25% of county jail inmates had to wait for over a year to go to trial.  Up to 32 jail inmates were waiting more than four years for a trial.  18 of the defendants kept being told that courts and judges were not available for their trial dates and their cases kept getting continued.  The inmates filed a motion to dismiss their cases because the California Penal Code required that they be brought to trial within 60 days of their arraignment.  California is currently facing an estimated $20.7 billion budget deficit.  Last year the California courts implemented regular monthly closures of the courts to ease the budget burden.  The Court in Riverside County granted the dismissal of the 18 cases and on Monday the California Supreme Court upheld the trial court's dismissal of the cases.  The California Supreme Court attributed the delay in bringing the inmates to trial to the state for its fault and neglect in addressing the budget problems.  The court went on to find that no "good cause" existed to continue the 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.

How To Solve Chicago Police Officer Shortage

As we've been reporting, the Chicago Police Department is facing a 2,300 daily shortage of the number of police officers needed to properly man the Police Department.  This problem has been going on for a long time.  According to the FBI, two of the 25 most dangerous neighborhoods are in the City of Chicago.  One of the proposals for solving the shortage is to lower the requirements for becoming a Chicago Police officer.  Currently, applicants must be between 21 and 40 years old and have completed at least 60 credit hours at an accredited college or university or served at least 4 years of active duty in the United States military.  One proposal being floated is to eliminate the education requirement for applicants.  Another possible solution is to offer written exams for applicants more often.  Most people would be surprised to find out that the last time a written exam was offered was in November of 2006.  That's over 4 years ago!  The City is looking at different ways of offering written exams more often, but the shortage problem cannot even begin to be solved unless written exams are offered.  But with the current budget problems being faced by the city, the money is not there to set up a more frequent and streamlined exam process which means that the officer shortage problem cannot even begin to be addressed.

The officer shortage problem in Chicago deserves much more media attention and scrutiny.  The upcoming mayoral election should afford the public an opportunity to see how the candidates propose to address this vexing problem.

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 Debuts Domestic Violence Diversion Program

Kane County has announced that they have established the first domestic violence treatment program in the state which makes it possible for defendants to avoid the harsh consequences of a conviction for a domestic battery.  The program is called the Domestic Violence Diversion Program.  To get into the program, the Kane County State's Attorney's Office will screen first time offenders, require that the offender pled guilty, and if they finish a prescribed course of treatment over a year, the charges will be eventually dismissed.  This will allow people to expunge the case and the arrest from their records, as if it never happened.  The program has a $450 fee plus a $200 donation to a domestic violence shelter.  About 1,600 people a year are charged with domestic battery in Kane County.  Officials estimate that roughly 150 to 180 people a year would be eligible to enter this program.  The program is designed for first time offenders and not for long time abusers.  

We will keep an eye on how this program performs with the hopes that other counties will copy this and try similar approaches to dealing with Domestic Battery 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 1-8--228-7295.

Kane County Files Civil Suit Against Elgin Gang Members

The Kane County State's Attorney's Office has filed a civil lawsuit against 79 members of an Elgin street gang.  The lawsuit is requesting that an injunction is granted prohibiting the gang members from associating with or contacting other gang members.  The lawsuit was filed on September 8 and most defendants have been personally served with the lawsuit.  If the injunction is granted, if gang members are caught associating with other gang members, they risk being arrested and charged with a misdemeanor.  Once they are placed under arrest they can be searched and other charges may develop if something illegal is found on them.  They also will face the consequences of a misdemeanor conviction which could carry a jail sentence of up to one year in jail.  The lawsuit also seeks unspecified monetary damages for the harm caused by the gang activity.  The lawsuit specifically refers to eight specific crimes that were committed between 1998 and 2008 including two murders, aggravated batteries with firearms, aggravated unlawful use of weapons by felons, aggravated discharge of a firearm and aggravated batteries.  

DuPage County has filed four similar lawsuits involving gangs operating in Assison and West Chicago and Boone County has also filed a similar lawsuit.

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.

Penn. Mayor Vows To Take Immigration Fight To Supreme Court

The mayor of Hazelton, Pennsylvania has vowed to take the striking down of his crackdown on illegal immigrants to the Supreme Court.  In 2006, Hazelton Pennsylvania passed an ordinance that assessed fines against landlords who rented to illegal immigrants, denied business permits to companies that gave jobs to illegal immigrants and required prospective tenants to register with the city and pay for a permit to rent in the city.  Last month, the 3rd U.S. Circuit Court of Appeals in Philadelphia struck down the ordinance because it usurped the federal government's exclusive power to regulate immigration.  Appeals courts are split over whether a state or a municipality have the right to enforce laws dealing with immigration.  The United States Supreme Court has agreed to hear oral arguments over a 2007 Arizona law that prohibits employers from knowingly hiring illegal aliens.  Following the passing of the Hazelton Pennsylvania ordinance in 2006, dozens of towns throughout the country enacting similar measures.  

We have been reporting consistently on efforts to deport legal aliens who have been convicted of criminal offenses.  We will continue to report on the evolving issue of legal and illegal immigration and the impact it is having on our criminal courts and our clients facing criminal prosecution and possible deportation.

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 Police Take Gang Efforts To Schools

The Chicago police are putting officers inside local public high schools to talk to students about preventing gang violence before it gets out to the streets.  For several months, officers assigned to the Gang School Safety Team have held more than 300 meetings in nearly 20 Chicago public high schools.  All meetings are voluntary and involve meeting with large groups of students if a conflict is brewing inside a school.  Some of the meetings are private involving the officers and the students they think need intervention.  A parent or school representative is always present to monitor the meeting.  If a shooting happens, officers go to the schools and meet with students to figure out what was behind the shooting and to determine whether a retaliation is being planned.  The officers explore ways to avoid any escalation of violence. 

The Chicago Police are confidant that this new approach is playing a significant role in helping reduce gang violence.

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 Ordered To Keep Courts Open

Last month, Kane County Circuit Court Clerk Deb Seyller, filed a lawsuit against Kane County in a dispute over providing additional funds to keep the Clerk's office open.  The Clerk's office was $500,000 short in its budget.  Seyller had requested that the county provide the additional funds but the county told Seyller to use other funds available in the Clerk's budget to pay for the general purposes of the office.  Seyller claimed that the funds could not be used legally for general purposes, such as paying salaries.  Kane County Judge Stephen Sullivan listed to over 6 hours of testimony and agreed with the county.  He ordered Seyller to use the special funds in her budget to continue operations for the remainder of the fiscal year which ends on November 30.  Seyller was pleased because she now has the legal authority to use the funds to continue operations and the Kane County Board is pleased with the judge's affirmation of the budget making authority.

Seyller's office was out of money six weeks before the end of the fiscal year.  The Judge's ruling averts what may have been a shutdown of the entire Kane County court 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.

Supreme Court Refuses Felons Appeal to Allow Them To Vote

The United States Supreme Court turned down an appeal by Massachusetts prison inmates who want the right to vote.  The prison inmates sued in 2001 claiming that Massachusett's ban on incarcerated felons from voting violated the Voting Rights Act.  The claimed that keeping them from voting is illegal and unconstitutional because the percentage of imprisoned felons who are black or Hispanic is much higher than the percentage of the state as a whole.  The Federal Court of Appeals denied their claim and now the United States Supreme Court has refused to hear their appeal.

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.

Case Against Top DUI Cop Reinstated

The Illinois Court of Appeals reinstated criminal charges which had previously been dismissed against John Haleas, the Chicago police officer once recognized as racking up the most arrests for DUI's in the entire state.  We originally reported about the discrepencies uncovered in Chicago police officer Haleas's DUI arrests on February 23, 2009.  Criminal charges of Official Misconduct, Perjury and Obstruction of Justice were eventually filed against Haleas.  On November 14, 2009 we reported that Cook County Judge James Obbish dismissed the indictment after finding that Cook County prosecutors improperly used a statement Haleas had given as part of an internal investigation.  The prosecutors appealed the dismissal of the indictment and the Court of Appeals found that Judge Obbish was correct when he tossed the internal affairs statement but erred by dismissing the indictment without holding further hearings.

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

Ninth Circuit Court Of Appeals Uphold Ban On Felons Voting

The Ninth Circuit Court of Appeals upheld Washington State's ban on felons from voting.  The ruling reverses a prior ruling by a three-judge panel from the same court which held that the prohibition in the Washington State Constitution is unconstitutional.   The vast majority of states ban convicted felons from voting.  Only two states, Maine and Vermont, permit convicted felons to vote.  In overturning the three-judge panel, the Court held that barring convicted felons from voting has long been a part of U.S. history and held that plaintiff's filing suit must show that the state's criminal justice system is infected by intentional discrimination.  A very high standard which will probably make it virtually impossible to challenge any state laws which bar convicted felons from voting.

We have reported that the Ninth Circuit Court of Appeals recently ruled that police do not need to obtain a warrant prior to placing a GPS tracking device on a citizen's vehicle.

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.

Arab Student Finds FBI GPS Device Under Car

Yasir Afifi took his car to the mechanic to have some repair work done.  As the car was lifted up, the mechanics saw a round tube with an antenna under the vehicle.  At first, Afifi thought someone had placed a bomb under his car.  However, it turned out that someone had placed a GPS tracking device under the 20 year olds car.  Afifi put pictures of what had been found on his Facebook account and thought about putting it on Craigslist to sell.  It was wasn't too long before he noticed a couple of "sneaky" people hanging out around his apartment.  Afifi got into his vehicle and drove off.  He was pulled over by 2 FBI agents who demanded that he give them back the GPS device.  He was warned that if he did not cooperate,  his life would be made much more difficult.  Afifi eventually around the FBI to retrieve the device.  He reports that the agent who retrieved the device congratulated him on his new job an mentioned the names of his favorite restaurants.

It's not known if the FBI had a warrant to place the GPS device on his car but we have reported that recently, the Ninth Circuit Court of Appeals has ruled that the FBI does not need to obtain a warrant prior to placing a GPS device on someone's vehicle.

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 Cops Raid Elderly Couple's Home By Mistake

In the morning hours of Friday, about a dozen Chicago police officers, brandishing guns, raided a home near Midway Airport expecting to find large quantities of guns and drugs.  Instead they found that they had raided the home of 89 year old Andriji Jakymec and 84 year old Anna Jakymec.  Apparently, a confidential informant had told the police that they would find guns and drugs in the house and the police obtained a warrant.  According to their son, the only thing the police found was aspirin.  Anna complained that if the police had knocked on the door, or rang the doorbell, she would have left them in.  Instead, the police barged in and caused extensive damage to the home.  

The Chicago police have apologized to the Jakymec family.

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.

County Jail Guard Charged With Trying To Smuggle Drugs Into Jail

The Cook County Sheriff's office has announced that a 15-year jail guard has been charged with trying to smuggle drugs into Cook County Jail.  The jail guard, Timothy Fuller, is charged with Possession of Marijuana, Possession of Cocaine, Possession of Marijuana with Intent to Deliver and Possession of Cocaine with Intent to Deliver.  He was arrested after he was caught in an undercover sting operation.  Fuller had been working in the medium security Division 11 building.  He has been suspended with pay and will appear before the Merit Board for a termination hearing.  The investigation began when jail officials noticed Fuller engaging in suspicious activity with jail inmates.  It is alleged that Fuller agreed to deliver drugs to an inmate in exchange for $400.  He was arrested after he accepted a quantity of cocaine and marijuana from an undercover female officer in an exchange captured on video in an undercover police vehicle.  This meeting happened after Fuller's shift at the jail ended.

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.

Attorney Jailed For Not Reciting Pledge of Allegiance

In a bizarre story out of Mississippi, an attorney was jailed for several hours for not reciting the Pledge of Allegiance in court.  Judge Talmadge Littlejohn asked everyone in his courtroom to stand and recite the Pledge of Allegiance.  When the attorney, David Lampley rose, but remained silent, Judge Littlejohn reportedly became enraged and held Lampley in contempt of court.  Lampley ended up spending about 5 hours in the county jail.  According to one report, Lampley worked with the ACLU in a controversial school prayer case back in the 90's.  It's now known if this had anything to do with the judge holding him in contempt of 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.

Deportations For Criminal Convictions Increasing

U.S. Immigration and Customs Enforcement (ICE) revealed that 392,862 illegal immigrants were deported from the United States this year.  More than half of the people deported had criminal convictions.  This represents a 55 percent increase from 2008 and about 3,000 more deportations than the record number of deportations from last year.  Over 195,000 criminals were deported, a 70% increase over 2008.  The growing deportation trend shows that ICE is focusing more on deporting people that they consider to be violent and dangerous.

It's also interesting to note that the same report indicates that the number of people illegally entering the United States has dropped dramatically.  Between 2005 and 2007, about 300,000 illegal immigrants crossed the border each year down from 850,000 annually from 2000 to 2005.  It is estimated that there are roughly 11 million people in the United States without status.

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 Police Ramping Up Mobile Strike Teams

The Chicago Police Department is drastically increasing it's Mobile Strike Teams.  Police officials are noticing a drastic drop in murders in districts and neighborhoods where Mobile Strike Teams have been deployed.  Last month, no one was killed in the five police districts where mobile strike teams were deployed.  Over the last three years, murders were down more than 98 percent in districts on the days that mobile strike teams were deployed.  Police officials now believe that these Mobile Strike Teams are a big reason that the crime rate in Chicago dropped 4.5 percent through September of this year.  The Mobile Strike Force was started in 1998 to deploy the same tactics used against insurgents in Iraq.  There are currently four companies of Strike Force officers consisting of 48 officers, six sergeants and a lieutenant.  They all work during the evening.  One of these companies was supposed to be temporary but will now become permanent and will be used during the daytime.  This means that over 100 officers will move permanently to the Mobile Strike Force.  The officers will be taken from beat cars.  The beat cars are already experiencing a shortage of officers.  The Mobile Strike Force focuses on high crime areas, such as the Harrison and Englewood districts.  When a district commander finds out that a problem is brewing, they will contact the Mobile Strike Force and officers will be sent to quickly respond.  Apparently, gang leaders are already taking notice.  Police state that gang leaders have been heard talking about the Mobile Strike Force and have instructed their members to not sell drugs when they see the Mobile Strike Force officers in their neighborhoods.

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 Refuses Appeal of Georgia Capital Case

The United States Supreme Court has refused to hear the appeal of a man sentenced to death in Georgia.  The man claims that he went without a lawyer for 2 years because the State of Georgia could not afford to pay for a Public Defender.  The case deals with the ongoing budget problems of Georgia's Public Defender system.  The Cook County Public Defender's Office has also been under budget constraints.  Jamie Ryan Weiss had been convicted of murdering a 73 year old woman.  He claims that a "complete breakdown" of the system left him without a lawyer.  Prosecutors agree that there were funding problems but argue that the breakdown only resulted in a funding problem and not a lack of legal representation.

The case is Weiss v. Georgia, 09-10715.

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

Overall City Crime Rate Drops But Vehicle Thefts Up

The Chicago Police have announced that the overall crime rate dropped 4.5% from January to September when compared to the same time period as last year.  However, vehicle thefts were up 22.3% during the same time period.  The drop in the crime rate is the 21st consecutive monthly drop.  The number of murders declined by 2.3 percent.  The murder rate had slightly increased in August of this year.  At the current rate, Chicago stands to equal the 2007 murder rate, which was the lowest since 1965.  Violent crime was down 11 percent, aggravated batteries declined 7.7 percent.  Robberies and aggravated assaults also showed major declines and criminal sexual assaults were down more than 9 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.

Kane County May Be Moving Away From Red Light Cameras

The movement away from using red light cameras seems to be spreading to Kane County.  On Monday, Kane County's Transportation Committee unanimously approved rule changes that state that red light cameras are a temporary solution and that red light cameras shall expire after three years.  The rules also state that the ultimate solution for accident prone intersections is to improve engineering, attention to the use of signs, light timing and other measures.  Kane County already reviews all red light camera locations annually.  This annual review will continue under the measure approved on Monday.  What is especially exciting about this measure is that regardless of what happens at a given intersection, no camera could exist at any intersection for more than three years.  Another exciting part of these measures is that citations issued for making right turns at a red light would mostly be banned with a couple of strict exceptions.  First, there must be documented accidents involving cars or pedestrians at that particular intersection, and the problem must first be attempted to be solved by placing a "No Right Turn On Left" sign.  If the sign doesn't work, then citations for right turns on red can be issued.  

The full Kane County Board must now take up the measure and only if they pass it will it go into effect.  However, the Chairman has indicated that she strongly supports the measure.

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 2 Criminal Cases

Yesterday, the United States Supreme Court announced which cases it will hear in the upcoming fall term.  Among the 14 cases they announced they would be hearing were 2 criminal cases.  One of the cases was Kentucky v. King.  The cases will decide whether to further erode the exclusionary rule when the police illegally seize evidence.  The police were chasing a suspected drug dealer into an apartment building.  As they walked down the hallway they smelled marijuana and broke into an apartment.  Inside they found King and 2 other individuals with marijuana and crack cocaine.  The police did not have a warrant to enter the apartment and the original suspect that the police had been chasing had entered the apartment across the hall.  King eventually plead guilty but challenged the search of the apartment on appeal.  In January, the Kentucky Supreme Court ruled that the police did not have the right to enter the apartment because there was no emergency and threw out the evidence seized.  The Supreme Court agreed to hear the appeal of the Kentucky prosecutors who are arguing that the police were justified in entering the apartment because they made an honest mistake.  Last year, the Supreme Court ruled that evidence seized as a result of an honest mistake by the police should not be excluded from evidence.  To view our discussion of that Supreme Court decision, click here.

In the second criminal case,  the Court will decide whether lab technicians must be required to be available to testify at criminal trials.  Last year, the Supreme Court ruled that lab technicians were witnesses for the state and must be made available to testify.  But in a case out of New Mexico, Bullcoming v. New Mexico, the courts ruled that a lab worker who simply recorded the results of a blood alcohol testing machine in a DUI case did not have to testify.  The Supreme Court will get to decide whether the lab worker could also be required to testify.

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.

McHenry County Spending More Money On Special Prosecutors

The McHenry County Board has approved spending another $100,000 for special prosecutors and consultants.  It is thought that the majority of this money relates to the investigation and the prosecution of McHenry County State's Attorney Louis Bianchi.  Bianchi was indicted by a grand jury earlier this week for using county resources to do campaign work.  When the investigation of Bianchi started, it was estimated that it would cost about $100,000.  Up until now, special prosecutors and consultants have submitted $74,306 in invoices.  There's another invoice for $34,321 for work performed from September of 2009 to February of this year.  The additional money that has been appropriated will cover future additional expenses and any unforeseen costs and expenses. 

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

Kane County Cracking Down On DUI Offenders

Kane County is making life more difficult for defendants convicted of Driving Under the Influence.  A new Kane County program is requiring that DUI offenders be tested up to eight times during a holiday season to make sure that they are staying away from alcohol, as required by their court sentence.  This new program was unveiled during the Labor Day weekend.  It's called The Holiday Alcohol Testing program.  The goal of the program is to discourage drivers from drinking alcohol during the time that they are most likely to consume alcohol, a holiday weekend.  The program was announced by John Barsanti, the Kane County State's Attorney.  Fifteen DUI offenders passed the test, one DUI offender failed one of the tests and another failed to show up for all of the tests.  The test takes about two minutes and costs $4 per DUI offender.  Prosecutors will seek to file Petitions To Revoke their Sentences for failing and not showing up for their tests.  Kane County is planning on continuing with the program during all the upcoming holiday weekends, including sports related weekends, like the Super Bowl and the final weekend of the NCAA men's basketball tournament.    

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

Violent Crimes and Property Crimes Decreasing Nationally

For the third consecutive year, violent crimes decreased in 2009 according to statistics released by the FBI.  For the seventh consecutive year property crimes decreased as well.  Compared to 2008, the number of violent and property crimes decreased by 5.3 percent and 4.6 percent when compared to 2008.  The violent crime rate for 2009 was 429.4 per 100,000 people, a decrease of 6.1 percent from 2008.  Nationwide, in 2009, a total of 1,318,398 violent crimes were reported.  Violent crime is defined as murder, manslaughter, robbery and aggravated assault.  All four categories of violent crime showed a decline.  The largest decreases were in murder and manslaughter.  Murders decreased by 7.3 percent and manslaughter decreased by 0.8 percent.  Aggravated Assault decreased by 4.2 percent.  9,320,971 property crimes were reported in 2009.  Motor Vehicle Thefts decreased by 17.1 percent, thefts decreased by 4 percent and burglaries decreased by 1.3 percent.

All of these statistics are compiled by the FBI by gathering information provided by local police agencies throughout the United States.

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.

Crackdown in Kane County

Three Kane County police departments are joining forces to try to cut down the number of deadly accidents along Route 47 in Sugar Grove north to Main Street in Blackberry Township.  Police will start an enforcement campaign that will last through September 24.  The enforcement campaign involves the Sugar Grove Police, Waubonsee Campus Police and the Kane County Sheriff.  Police have noticed an increase in traffic and increased cross traffic where people stop and turn.  Its particularly dangerous because the speed limit varies and the lanes shift from four to two.  It was always known as a country road and motorists are still driving on the road with that impression.  Several deaths have occurred on this roadway in the past year and police are eager to get people to be more careful and realize that Route 47 is no longer a country road. 

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.

Lombard Removes Red Light Cameras - Dissatisified Customer

In a slap to the face of RedSpeed Illinois, the Village of Lombard is terminating its red light camera contract with RedSpeed.  RedSpeed has its headquarters in Lombard.  The Village will inform RedSpeed of their decision and RedSpeed will have 60 days to remove the underground sensors that determine whether drivers stopped before the white line.  It looks like Lombard is removing their red light camera because they are not satisfied with the results.  Even though the village insisted that revenue was not the driving force behind their decision to install the red light camera, Lombard has not made much money off of the camera.  Like Elk Grove, Lombard police refuse to issue tickets unless the driver blatantly failed to stop.  And the safety benefits of the red light camera are unclear.  After cameras were installed in May of 2009, the number of traffic accidents decreased 31 percent.  But at another intersection accidents actually increased.  Lombard

trustees have come to the conclusion that they are better off without cameras in their village.

This movement towards removing these red light cameras is a relatively new development.  Last year Schaumburg removed their red light camera because they feared that it would adversely affect shoppers coming to their Village to shop at Woodfield Mall.  Elk Grove is moving towards getting rid of all their cameras because they feel that they are serving their purpose and now Lombard is removing their cameras because they simply are not working.  The common underlying sentiment is that voters clearly dislike red light cameras in their communities.  Our elected public officials are starting to sense the public's dislike and are responding by removing cameras for a variety of reasons.  We need to continue to make sure that our voices get heard.

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.

Elk Grove To Remove 2 Red Light Cameras

Elk Grove Village has announced that January 1, 2011, they will be deactivate 2 red light cameras, with the ultimate goal of removing all red light cameras in their Village.  The cameras are located at the intersection of Busse Road and Devon Avenue.  The removal will be in effect for one year and crash trends will be monitored very six months to determine whether the removal should be made permanent.  Similar studies will be performed on the other five intersections that have red light cameras.  Elk Grove is moving towards removing red light cameras because they believe that they have served their purpose.  The number of accidents have decreased at the intersections at which red light cameras have been installed.  Before cameras were installed at Busse and Devon, 31 accidents were reported.  The following year, 2009, 21 accidents were reported and in the first 6 months of 2010, only 8 accidents have been reported.  The Village asserts that the main purpose behind the installation of the red light cameras was safety and not revenue.  Since the statistics show that people are driving more safely at these intersections, the Village is choosing to remove them rather than put more of a financial burden on the public.  There has also been a 29% decrease in the number of red light tickets issued.  About 4 out of 10 red light violations captured by the cameras that are forwarded to Elk Grove Village police do not result in tickets.  That's because the company goes by the letter of the law whereas the Village looks at whether a police officer would issue a ticket if he was there at the time of the alleged violation.  Elk Grove Village is tracking all the other intersections to determine whether cameras should be removed.

Elk Grove Village should be congratulated for doing the right thing all around.  It is clear that Elk Grove Village has the good of the public in mind and should be commended for acting admirably.  You have to give our government credit when they do something right.

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.

Senate Impeachment Trial For Federal Judge Begins

For just the eighth time in U.S. history, and for the first time in more than 20 years, the Senate is about to impeach a sitting federal judge.  The Judge, G. Thomas Porteous, is accused of taking cash, expensive meals and other gifts from lawyers and a bail bondsman, lying to Congress and filing a bankruptcy under a false name.  The House voted unanimously in March to bring the charges.  A two-thirds vote is needed in the Senate to convict him.  The role of prosecutors is being played by Reps. Adam Schiff and Bob Goodlatte.  Porteous's attorney is admitting that Porteous may be guilty of poor judgment but isn't guilty of high crimes and misdemeanors, as required by the Constitution for impeachment.  In addition, Porteous is claiming that the conduct that is being questioned occurred while he was a state judge and that the Senate would be breaking from precedent by convicting him for behavior that occurred before he became a federal judge.  Porteous is a federal judge in New Orleans.  His behavior was uncovered during a five year FBI investigation in Louisiana.  The investigation resulted in the convictions of over a dozen individuals but Porteous was never charged with anything.   He was however suspended from the bench.

The Senate trial is expected to move along rather quickly and should be over within the next two weeks.

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.

Gun Prosecution Has Advocates Up In Arms

Paul Copeland, a 56 year old Vietnam veteran has been sentenced to prison time for selling a gun to an illegal alien.  However, the "middle-man" who bought the gun for the illegal alien, who was an illegal alien himself, was never arrested, prosecuted or deported.  Copeland is charged with selling the gun to illegal alien, Hipolito Alives, at the Texas Gun Show in Austin Texas in January.  Copeland states that Aviles presented him with a valid driver's license and had no idea that he was selling the gun to an illegal alien.  However, the man who handed Copeland the money, was Leonel Huerta Sr., who presented a valid Texas driver's license which he had obtained prior to his visa expiring in 2007.  Huerta admits that he showed Copeland his driver's license so he could obtain the gun and handed it to Aviles as he was leaving the building.  However, agents for the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) testified that Copeland should have known that Huerta was buying the gun for Aviles.  The agents testified that the purchased occurred in such a way that Copeland knew what was happening.  What is causing controversy in the case is that Huerta, the "middle-man" who bought the gun for Aviles suffered no legal consequences even though he was an illegal alien himself.  He is believed to still be living in the United States illegally.  

The prosecutor claims that Aviles was not prosecuted because he was a witness.  However, it is somewhat troubling that a U.S. citizen was prosecuted and sent to prison while the illegal alien was given complete amnesty.    It doesn't seem to make sense.

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.

McHenry County Prosecutor Indicted

Readers of this blog will know that we have been reporting about the investigation of McHenry County State's Attorney, Louis Bianchi.  The saga began with the arrest of an office worker for the theft of documents from Bianchi's office.  The worker was eventually prosecuted and pled guilty to the theft charges but stated that she stole the documents to prove that Bianchi was running his campaign with county resources.  An investigation into the allegations was launched and today a grand jury has indicted Bianchi on conspiracy and official misconduct charges.  Bianchi's Executive Administrative Assistant was also indicted for four counts of perjury and for destroying electronic documents on her computer.  The indicted reportedly alleges that between 2005 and 2010, Bianchi used his office to do campaign work.  He apparently used office equipment to print and mail out letters for his re-election campaign.  He is also charged with trying to get one of his assistants to not produce documents that had been requested in a grand jury subpoena.

We will keep our readers updated on the developments of this case.

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.

Ticket Fines About To Go Up

For the first time since 1993, the Illinois Supreme Court will be increasing fines for most traffic tickets.  The increases take effect September 15.  If you are caught speeding up to 20 miles per hour over the speed limit, the fine will increase to $120 from $75.  This will be the fine for failure to stop at a stop sign or making an illegal turn.  If you are caught speeding between 21 and 30 miles per hour over the speed limit, the fine will run $140, up from $95.  The Illinois Supreme Court increased the fines after a Supreme Court subcommittee found that Illinois had lower fines than many other states.  These fines only apply to tickets that do not require a court appearance.  The fines for tickets requiring a court appearance are set by the judge.  It is important to note that the fine for a ticket that does not require a court appearance is actually a bond.  The amount of the bond is set by the Supreme Court and when the bond is accepted as the fine, it is done so for convenience.  That is why the Supreme Court can raise these amounts.  They are actually raising the amount of bond required to be posted.  

Be aware.  These increases go into effect on September 15, 2010.

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.

Palatine Sued For Disclosing Private Info On Parking Tickets

A motorist given a parking ticket in Palatine, has sued the village in Federal Court for violating the Driver Protection Privacy Act.  The Driver Protection Privacy Act was passed in 1993 in response to several high profile cases in which publicly available driving records were used by offenders to stalk their victims.  The motorist is claiming that the Village of Palatine violated this Act when a ticket was placed on his windshield, visible for five hours, which contained his name, address, date of birth, driver's license number, height, weight and sex.  The lawsuit claims that not only is Palatine failing to prevent a crime but they are making the commission of a crime possible by leaving this information in plain view for anyone to see without the permission of the car's owner.  It seems like Palatine is the only town which provides more than the name and address of the registered owner of the vehicle.  The maximum amount of money that the owner can collect is $2,500 but the plaintiff is requesting that it be certified as a class action lawsuit.  This could potentially include hundreds, or even thousands of additional plaintiffs.

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.

Drug Supply Problems May Delay Executions

Supply issues surrounding an anesthesia drug used by several states in lethal injection executions may have the effect of delaying executions.  The drug, sodium thiopental, which is manufactured by Hospira, Inc., is in short supply.  The drug is used as an anesthetic by hospitals.  Hospira does not support the use of this drug in executions.  However, it is common knowledge that this drug is used in lethal injection executions.  In addition to executions, elective surgeries are being delayed by shortages of this drug.  Hospira is blaming the shortages on an ingredient that is supplied by a third party.  The shortages are due to the third party.  Hospira expects to solve the supply issues by early 2011.

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.

Supposed Legal Basis For County Threats Possibly A Scam

The Daily Herald has published an article which reveals that when Cook County Board President Todd Stroger and Commissioner Joseph Mario Moreno threatened municipalities that opted out of the red light cameras by claiming they had a legal opinion to back up the threat, they may have been lying.  Cook County has decided to place red light cameras at several intersections controlled by Cook County.  Many of the proposed red light cameras will be located inside municipalities that have decided not to use red light cameras in their towns.  One such town is Schaumburg, which already tried red light cameras but decided to remove the camera and not use them anymore.  The Cook County Board eventually decided to give municipalities the right to opt out of the program.  Stroger and Moreno threatened municipalities that were considering opting out of the program by telling them that if they decided to opt out, the county would turn over the maintenance of the intersections to them.  The high maintenance costs would all but force these municipalities to accept the red light cameras.  Stroger and Moreno claimed that they had received a legal opinion from the Cook County State's Attorney's Office which stated that they had the legal authority to turn over the maintenance of these intersections to the municipalities.  However, it turns out that no such legal opinion exists.  Cook County Commissioner Timothy Schneider, an opponent of red light cameras, received a letter from a deputy at the Cook County State's Attorney's Office that "no such opinion exists."  Stroger and Moreno and not produced any such legal opinion and attorney's for the various municipalities that are considering opting out of the red light camera program have not been able to find any legal authority which supports Stroger and Moreno's claim that Cook County has the legal authority to turn over the maintenance of their intersections to the municipalities.  It is starting to look like Stroger and Moreno have been caught lying about their legal authority to impose their will on local residents.

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.