Fake Camera Signs Fool Drivers

WBBM Newsradio 780 is reporting about fake traffic camera signs that have been put up in the Village of Norwood Park, just outside of O'Hare Airport.  The intersections are controlled by stop signs.  It is against the law in Illinois to place traffic cameras at intersections controlled by stop signs.  At two such intersections in Norwood Park, the Village has placed signs that the intersections are guarded by cameras.  The Township Supervisor admits that the warnings are fake and were placed there to fool drivers into hopefully being more careful at the intersections.  The signs say, "Photo Enforced" and underneath, in small letting "Soon To Be".  These fake signs have been up for a year but are getting media attention just now.  

At least the intent of the Norwood Park authorities is clear and should be commended.  The intent is clearly to promote public safety and not to raise revenue.  We would like to see more of these signs than actual cameras be put up.

To read the article, click here.

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

Most Speeders Get Supervision

The Chicago Tribune published an article today in which they say that an examination of traffic court records reveals that most drivers appearing in court in this area on a speeding ticket received court supervision.  In Cook County, 57% of speeders received court supervision.  The highest percentage of supervision sentences were in Lake County, which gave supervision to 61% of speeders.  Court Supervision allows drivers to keep the tickets from being reported to the Secretary of State and then be reported to the insurance carriers so they can raise insurance premiums.  The insurance companies have long been critical of the use of Court Supervision in Illinois.  This Tribune article follows another article this weekend that examined the use of Court Supervision for drivers caught speeding 100 miles an hour over the speed limit.  What needs to be kept in mind is that there is a huge difference between a regular speeder and someone speeding over 100 miles per hour.  It is the opinion of this author, and traffic court practitioner, that the way Court Supervision is used in our traffic courts is generally a success and works properly.  Giving a judge the discretion, on a case by case, driver by driver, basis to determine when court supervision should be given, rather than applying a cut and paste statutory requirement that does not take the particular case into consideration, is equatable and fair.

To read the Tribune article, click here.

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

Kane County To Consider Getting Rid Of Red Light Cameras

In the coming weeks, the Kane County Board will be hosting public hearings to consider stopping the use of red light cameras in Kane County.  Only four towns in Kane County have installed red light cameras.  Red light cameras are installed in Elgin, South Elgin, Geneva and St. Charles.  The Board will be considering whether red light cameras have really made intersections safer as was the intent when they were first installed in Kane County 2 years ago.   Kane County already has a process in place when a request is made to install red light cameras at a particular intersection to determine whether installing them at that particular intersection would reduce the number of accidents.  Kane County officials have already denied at least 6 requests for red light cameras.  Apparently, the Kane County Board has decided that the time has come to consider whether red light cameras actually add to the public safety.  The decision by the Kane County Board is pointing to a rising public backlash against the use of red light cameras.  The Village of Schaumburg barred the use of red light cameras in their town and last week the Illinois Senate approved a bill that would place some small limits on the use of red light cameras.

The Kane County Board has not yet scheduled hearings.  The number of hearings will depend on the pubic interest and response.

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.

Federal Judge Upholds Washington D.C Gun Restrictions

A federal judge has upheld the new restrictions on gun ownership that were passed by the Washington, D.C., city council after the United States Supreme Court invalidated Washington, D.C.'s gun laws two years ago.  The Plaintiff in this case was Dick Heller, the same Plaintiff as in the Supreme Court case.  Gun owners were claiming that the new restrictions were unduly burdensome and excessive.  The new regulations require background searches, fingerprints, photos and a ballistic identification procedure that allows police to trace a bullet to a particular weapon.  In addition, the restrictions bans assault weapons and large ammunition feeding devices.  The federal judge ruled that these restrictions do not violate the rights guaranteed by the Second Amendment.  The judge said he was deferring to the judgment of the city council in upholding the restrictions.  He found that sufficient evidence was produced at the city council hearing to establish that the registration requirements will effectuate the goal of promoting public safety and that there is a sufficient nexus present between the requirements and the important governmental interest of promoting public safety.  In upholding the ban on assault weapons and large ammunition feeding devices the judge ruled that he was deferring to the judgment of the city council which found that such weapons are "disproportionately likely to be used by criminals" and have no legitimate use for self defense.  In upholding the ban on large ammunition feeding devices the judge found that such a restriction does not render a weapon inoperable and is not an unduly burdensome restriction.

The case is important because it focus on the standard of review to be applied by reviewing courts when deciding restrictions on guns.  In this case the judge chose an intermediate standard of review.  He decided against applying the toughest test which applies to fundamental rights and he rejected the city's suggestion that he apply a highly permissive test.  The judge seemed to go right down the middle.

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 Caught Shorting Yellow Lights

At Chicago intersections in which red light cameras are installed, the yellow lights last only 3 seconds, the bare minimum required under federal regulations.  In the suburbs, yellow lights last for between four to four and one half seconds.  The shorter yellow lights intentionally make it harder for motorists to stop in time and makes it more likely that more tickets will be issued at that intersection.  While government officials claim that public safety is the main motivation for the use of red light cameras, there is no doubt that red light cameras are big money makers for local government.  Chicago has installed red light cameras at 186 intersections.  The revenue generated for last year for the City of Chicago was over $59 million.  Federal guidelines suggest that yellow lights last between 3 to 6 seconds.  City officials claim that yellow lights in the City of Chicago are set for 3 seconds because the speed limit in the city is 30 miles an hour.  Yellow lights are longer in the suburbs because the speed limits in the suburbs are generally higher.  However, in many suburban intersections in which the speed limit is 30 miles per hour, the yellow lights stay on longer than 3 seconds.  In defense of Chicago, New York City also sets its yellow lights at 3 seconds.  However, in Los Angeles, when the yellow lights were changed from 3 to 4 seconds, the city noticed a big drop off in the number of red light tickets issued. 

The new legislation approved by the State Senate yesterday would allow the City of Chicago to keep the yellow lights at 3 seconds because the time limit falls within federal guidelines.

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.

Minor Limits On Red Light Cameras Approved By State Senate

On March 12, 2010 we informed our readers that a compromise was struck in Springfield that would only impose minor limits on the use of red light cameras.  Yesterday, in a 45 to 10 vote, the Illinois Senate approved the bill, sending it to the Illinois House for final approval.  The limits placed on red light cameras by this bill are very minor.  The legislation allows drivers to stop a little beyond the stop line so long as pedestrians were not present.  The legislation would require towns to list on the internet where the cameras have been installed and prohibit the imposition of additional fees for appealing a ticket issued by a camera.  Cops or trained technicians must review the tickets before they are issued, the yellow lights at intersections must correspond to federal guidelines and motorists must be given an opportunity to view a video of their violations online.  As we stated in our March 12, 2010 article, the compromise legislation was crafted after a lengthy closed door meeting between legislators and lobbyists from the red light camera providers.  This legislation falls far short of the changes sought by supporters of real reform.

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.

Cicero Trustees Will Be Allowed To Write Parking Tickets

Starting April 2, 2010, the elected Trustees for the Town of Cicero, will be allowed to write parking tickets.  In what may be the first of its kind action, the town has give this power to the seven elected Trustees.  Before doing so, they will be required to take a short class in the Town Hall to learn how to write tickets.  About 110,000 people live in Cicero.  There are about 70,000 vehicles registered in Cicero.  The town is well known for having serious parking problems.  Under state law, village officials are allowed to take on additional functions so long as they do not receive additional compensation.  The Trustees will not be paid anything extra for writing the tickets.  But along with it's notorious parking problems, Cicero is also notorious for its corruption.  Former town president, Betty-Loren Maltese, was convicted of stealing $12 million dollars from the town.  About a year ago there was a controversy surrounding the towing of cars on streets where street cleaning was occurring.  It turns out that the towing company that was towing the vehicles was owned by the father of the town's attorney.  After this came to light, the town started issuing $50 tickets rather than towing the vehicles of first time offenders.  The possibility of something inappropriate occurring is certainly a possibility in Cicero.

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.

California Puts Legalizing Marijuana On November Ballot

California has firmly entrenched itself in the forefront of the national debate to legalize certain recreational drugs.  Supporters of the effort to legalize the possession of marijuana have collected enough votes to put the measure on the California ballot in November.  Supporters needed 433,971 signatures to put the measure on the ballot and they collected 694,248 signatures.  This puts the measure one step closer to being adopted.  If passed, the initiative would make it legal for adults of the age of 21 to possess up to an ounce of marijuana for personal use.  It has been illegal to possess up to an ounce of marijuana in California since 1975 when then Governor Jerry Brown signed into law a bill that changed the law.  Up until 1975, judges were able to imprison people up to 10 years for possessing up to an ounce of marijuana.  Currently, people arrested with up to an ounce of marijuana can be charged with a misdemeanor and face a fine up to $100.  The current initiative would allow local municipalities to set up a system which would allow them to tax the cultivation and selling of marijuana.

Supporters and opponents of the measures are gearing up for a big fight in November.  We will keep an eye out on this interesting effort.

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.

BREAKING NEWS - Supreme Court Grants Stay In Texas Execution

The United States Supreme Court has granted an 11th hour stay in the execution of Henry Skinner.  The Supreme Court did not consider the merits of the appeal but only that they needed more time to consider the matter.  While we shouldn't read too much into the Supreme Court's decision, it does indicate that they believe that there are serious issues that deserve a closer look.  Skinner is alleging that his civil rights were violated when he was denied DNA testing of bloody knives, material beneath the dead woman's fingernails, rape kit samples and other items found at the crime scene.

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.

On Eve Of Execution Texas Inmate Asks For One More DNA Test

Henry Skinner is scheduled to be put to death in Texas this evening for the murders of his girlfriend and her two sons.  Skinner has proclaimed his innocence since his arrest.  Skinner is requesting that additional DNA tests be performed on items that were never tested for DNA.  The only DNA tests performed to date establish that he was present in the home when the murders were committed.  Skinner has never denied that he was present in the home when the murders happened.  There was no confession, no witnesses, no motive, and no prior acts of violence by Skinner introduced at trial.  Blood tests of Skinner taken after he was arrested established that he was under the influence of painkillers, alcohol and anti-anxiety medication when these murders were committed. Skinner's attorneys argue that he was not physically able to commit the murders.  He was sentenced to death for the murders by a jury in 1995.  David Protess, a journalism professor at Northwestern University, who is famous for examining the cases of inmates wrongfully convicted of violent crimes, looked at Skinner's case and concluded that Skinner is innocent.  

In the past few years, at least 17 inmates on death row have been released after DNA tests proved that they were innocent of the crimes that they had been put on death row for.

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.

Cuts To State Police Budget Proposed

Illinois Governor Pat Quinn has indicated that he will be proposing substantial cuts to the Illinois State Police budget.  The proposed budget cuts could lead to the laying off of 400 state police officers and the closing down of five state police stations.  The stations that are slated to be closed down are in Carmi, Litchfield, Pecatonica, Macomb and Chicago.  The police agencies in the affected areas will be expected to pick up the slack and make up for the removal of the state police.  The loss of state police officers could be damaging to some local communities.  The Chicago Police are currently 700 officers short of what they need to be considered fully authorized.  In addition to the additional stress on local police agencies, the State of Illinois may lose up to $12 million in revenues from tickets that will not be written due to fewer officers.

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.

Bill Proposed To Bar Supervision For Extreme Speeders

Following a Chicago Tribune investigation in yesterday's newspaper, a bill has been introduced in Springfield that would bar judges from giving Court Supervision to drivers caught speeding 40 miles per hour over the speed limit.  In yesterday's Tribune article they found that Chicago judges have been giving court supervision to over two-thirds of drivers who were caught driving over 100 miles per hour.  Several of the drivers who had been given court supervision were caught again driving over 100 miles per hour.  Court Supervision, if completed successfully, keeps the citation from being put on your driving record.  The House Rules Committee will consider the bill this week and a vote is expected.  If enacted, the bill would not allow judges to give drivers caught driving 40 miles per hour over the speed limit court supervision.

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.

Cell Phone Recording Of Traffic Stop Lands Cop In Big Trouble

A Chicago police officer is in trouble after he was recorded cursing and threatening a Hispanic driver he had pulled over.  WGN-TV has obtained the recording which was taken with the driver's girlfriend's cell phone.  When the driver asked the officer why he was being pulled over the officer told him that he normally tells people he is pulling them over because they are black.  Apparently the officer pulled over the vehicle because it had tinted windows.  The officer allegedly threatened the motorist with arrest if he did not give him something.  The driver interpreted that as meaning that the officer wanted guns and drugs.  The officer continued to curse and use racial language towards the motorist.

The officer has been reassigned to desk duty pending the result of an internal police investigation.

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.

Closed Police Station Yields Neglected Evidence

In 2008 the Cook County Sheriff took over the police duties in the south suburban Village of Ford Heights.  For 2 years the Sheriff had been sharing police duties with the Ford Heights Police Department but had to completely take over the police duties after officers just stop showing up for work.  Financial problems had forced the Village of Ford Heights to not be able to afford a police department.  The Sheriff did not use the former police station because the former police chief continued to perform some code enforcement duties out of that building.  Last spring, Cook County Sheriff Tom Dart ordered the former police chief to leave and that's when the doors to the evidence room were opened.  What was found is shocking.  A total of 7 neglected rape kits were left behind in an unplugged refrigerator, nearly 200 guns that had never been registered as seized with the State of Illinois and hundreds of bags of drugs.  Of particular interest was the moldy rape kit that linked a man to the 2006 rape of a 13 year old girl.  This week, authorities arrested the rapist after they determined that there was a great deal of evidence against the man.  When the rape happened, the Ford Heights Police had received a DNA report linking the man to the rape and did nothing with the evidence.  They never even interviewed this man even though he had been arrested 15 times since 2001 and previously been convicted of Aggravated Vehicular Manslaughter.  

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.

Two Arrested For Trying To Smuggle Drugs Into Cook County Jail

Two arrests, in unrelated incidents, were made of employees of Cook County Jail for trying to smuggle drugs into the jail. The first case involves a Sheriff's deputy who was working in Division 1.  The officer was taken into custody while working in Division 1.  Officers had received a tip that he had drugs on him.  The Officer struggled with officers as they tried to take him into custody.  Officers found marijuana in his boot and about 30 more grams of marijuana in the trunk of his car.  He was charged with Possession of Contraband in a Penal Institution, Possession of a Controlled Substance With Intent to Deliver, Resisting Arrest, Official Misconduct and Battery to a Police Officer.

The other case involved a teacher who worked at the York Alternative School, a school inside Cook County Jail that gives inmates the opportunity to finish school.  An undercover officer met the teacher off of the jail compound, gave him cocaine, and the teacher agreed to smuggle the cocaine into the jail the next day with his school supplies.  The school teacher was arrested as he drove away.

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.

Idaho High Court Upholds 6 Death Sentences

The Idaho Supreme Court upheld the death sentences of 6 inmates who claim that they were sentenced to death by judges and not juries as required by the United States Supreme Court.  In 2002 the United States Supreme Court held that only juries, and not judges, can sentence them to death.  The Idaho Supreme Court acknowledged the ruling but held that since all 6 had been convicted prior to 2002, and their cases appealed prior to the 2002 Supreme Court ruling, the 2002 Supreme Court ruling cannot be applied retroactively to their cases.  All 6 were sentenced to death after being convicted of first-degree murder.  Some have been convicted of multiple murders.  All 6 are still appealing their cases.

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

Pew Report Shows Decline In State Prison Populations

A report issued today by the Pew Center indicates that the prison population in state prisons decreased slightly, the first decline since 1972.  However, to dim the good news a little, an increase in the number of inmates incarcerated in federal prisons has lead to a slight overall increase in the number of people incarcerated in prisons in the United States.  Just over 1.4 million people are incarcerated in prison in the United States.  The prisoner populations declined in 27 states.  The report indicates that not all of the states in which there were declines were due to budget cuts.  California is no longer sending inmates back to prison for minor parole violations, Michigan has found ways to release inmates early without endangering the public, Nevada has increased the ways that inmates can earn "good time," and Texas has established programs that serve as an alternative to prison.  Still, more Americans are in prison than are working on farms, are on welfare, or in higher education.  The incarceration rate of Americans remains five to ten times greater than that of other democracies.  Corrections has been the second fastest growing category of state budgets and nearly 90% of that spending has gone to prisons.  The costs of running our prisons has quadrupled in the last 20 years.

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.

Stevens Talking Retirement

The second oldest and fourth longest serving Supreme Court Justice in U.S. history is considering retiring.  Justice John Paul Stevens, who will turn 90 years old in April, is talking about retiring from the Supreme Court.  We have previously reported about rumors surrounding his possible retirement.  But for the first time, Stevens is talking about retirement himself.  Stevens gave an interview with the New Yorker Magazine in which he confirmed that he will definitely retire within the next three years.  He also indicated that in the next month, he will decide whether the upcoming term will be his last.  Justice Stevens has indicated that he greatly admires President Obama.  The fact that Stevens is a former Chicagoan adds to his admiration of President Obama.  A Stevens retirement would give President Obama another opportunity to make an appointment to the Supreme Court.

Justice Stevens was nominated to the Supreme Court by Republican President Gerald Ford in 1975.  He is currently considered to be the most progressive justice on the high court.  The fact that he was named to the court by a Republican president and is now considered the most liberal justice on the high court says something about how far to the right the court has moved.  

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.

Legal Defenders Featured In Sun-Times Article

The Chicago Sun-Times published an article today that featured extensive quotes from James G. Dimeas, of Legal Defenders, P.C.  The article's title is "Traffic Victims Need To Step Up" by Mary Wisniewski.  Mary noticed that traffic tickets were being routinely dismissed in Traffic Court in Chicago because accident victims were not appearing in court.  She compared those cases to a recent case in which the persistence of an accident victim lead to the prosecution and subsequent conviction of a careless driver.  I explained to the author that the court system in Cook County is simply too large to force all the victims and witnesses to traffic tickets to appear in court.  In smaller counties, prosecutors can subpoena witnesses and judges can enforce the subpoenas when the witnesses don't appear.  But in Cook County, roughly 5,000 traffic tickets a day make it impossible to subpoena all the witnesses and enforce subpoenas.  Plus, many people simply cannot afford to take time off of work to appear in traffic court as a witness in today's troubled economy.

To read the article, click here.

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

Evanston Ban On Using Cell Phone While Driving Begins

Starting today, it will be illegal to use a hand-held cell phone while driving in Evanston.  Evanston police will be issuing warnings instead of tickets until March 22, 2010 to give motorists a chance to become familiar with the new law.  The warnings will not be issued to drivers who are involved in car accidents or ticketed for reckless driving while using their cell phones.  The ordinance allows people to use their phone if they are using a hands-free device and bans texting while driving.  The ordinance also bans drivers from checking their voice mail, surfing the web and listening to their voice mail messages while driving.

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 Crime Rate Drops

The Chicago Police are reporting that the crime rate in Chicago has dropped the first two months of 2009.  They report that the crime rate dropped 10.3% the first two months of this year compared to the same period last year.  There were eight few murders. The violent crime rate dropped 15.3%, Aggravated Assaults dropped by 21%, Robberies dropped by 15.3% and Aggravated Batteries dropped by 7.9%.  The only increase was in vehicle thefts which increased by 8.3%.  This follows the recent news that the Cook County Sheriff has closed two housing units at the Cook County Jail because of a drop in the population of the jail.  All indications are that the crime rate is dropping in Chicago.  We will see if this continues or is just a temporary trend.

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

Red Light Camera Compromise In Springfield Changes Nothing

In yet another example of how defective our legislative process has become, a compromise on the Red Light Camera Legislation in Springfield is starting to emerge that would accomplish virtually nothing.  Senate President John Cullerton has released a compromise bill after a closed door meeting with critics, supporters and red light camera company lobbyists.  The only advantage to motorists in this compromise legislation would prohibit authorities from ticketing drivers who stop beyond the white line or cross walk.  The bill will still allow tickets to be issued for motorists making rolling right turns.  Apparently, the rolling right turn tickets were not even part of the back room negotiations since these tickets are so profitable to all parties concerned.  The legislation would require police officers to review tickets before they are issued in the collar counties.  In Chicago and its suburbs, officials could rely on trained technicians to review tickets before they are issued.  Also, motorists would be allowed to view the violations online and would not have to pay a fee to file an appeal.  All of these provisions change nothing.  Most towns have violations reviewed by police officers before they are mailed out, most towns provide for motorists to view the violations online and no towns require a fee to file an appeal.  Virtually all of the practices required under this compromise legislation are being practiced anyway.

So what is the purpose of passing this legislation?  The more things change the more they stay the same.  That's what you get when your elected representatives are allowed to make backroom deals with lobbyists and officials of the companies they are trying to legislate.

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.

Cocaine Disparity Only On-Fifth As Racist - Congrats Congress!

A backroom deal has been reached between the Democrats and Republicans in the Senate that does not completely eliminate the sentencing disparity between powder and rock cocaine.  Earlier today we reported that the Senate Judiciary Committee unanimously approved a bill that would completely remove the sentencing disparity between rock and powder cocaine.  This afternoon, Senator Durbin announced that he has reached a "compromise" with Republican Jeff Sessions in which he agreed to accept a change to the bill that would replace the 100 to 1 disparity with a 20 to 1 disparity.  In return, Sessions agreed to withdraw his amendment to the bill that would have replaced the 5 year minimum for simple possession of crack with a 10 year minimum.  Session's amendment would have completely destroyed the bill.  In announcing the deal, Durbin stated that he believes in completely eliminating the disparity "but to get things done you have to be prepared to make mutual concessions."  So the 100 to 1 disparity is replaced by a 20 to 1 disparity.  Almost everyone agrees that the disparity between rock and powder cocaine, regardless of whether it is 100 to 1 or 20 to 1, is racist.  So while the old sentencing disparity was 100% racist, this new law will be one-fifth as racist as the old law.

This is another example of how broken our legislative process is.  This morning the entire Judiciary Committee agreed to completely eliminate the sentencing disparity.  A few hours later a backroom deal is struck in which the bill is reduced to a mockery.  While this new sentencing structure will be better than what we had before, why not do the right thing and completely fix the problem?  How could one racist Senator, or a group of racist Senators, be allowed to exert their will on the entire Senate?  When they try to do this, why not call them out for what they are and force them to explain themselves?  If we are a nation of laws, and we have a law that is blatantly racist, then what does that say about our country?

Please note that in 1986 Senator Sessions was nominated by President Reagan to serve as a Federal District Judge.  He became only the second nominee in 48 years for Federal District Judge to have his nomination killed by the Senate Judiciary Committee after evidence was introduced at his nomination hearing that indicated he had made racially insensitive comments while working at the U.S. Attorneys Office.

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 Committee Approves Bill That Eliminates Cocaine Sentencing Disparities

Today the United States Senate Judiciary Committee unanimously approved a bill that would eliminate the sentencing disparities that exist between powder cocaine and crack cocaine.  The Fair Sentencing Act, sponsored by Illinois Senator Dick Durbin, would increase the amount of crack cocaine needed to impose a mandatory trafficking prison term and eliminate the mandatory five year prison sentence for possession of crack cocaine.  In July of 2009, the House Judiciary Committee approved a similar bill.  The sentencing disparity between powder cocaine and crack cocaine has been the subject of much scrutiny and much criticism.  Crack cocaine offenders are more likely to be minorities whereas powder cocaine offenders are more likely to be Caucasian.   Yet, under current Federal Sentencing Guidelines, crack cocaine offenders are punished much more severely than powder cocaine offenders.  This fact has given rise to calls of racism.  Attorney General, Eric Holder, has called for Congress to remedy this disparity.  In 2008, roughly 3,000 inmates had their sentences reduced because of a retroactive change to the Federal Sentencing Guidelines.  The fact that the Senate Judiciary Committee unanimously approved the bill tells you something about how obvious the disparity is for a unanimous vote to be made under the current political climate.

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 1-800-22-7295.

Warning: Roadside Checks Along I-90 This Weekend

We want to warn our readers that the Illinois State Police has announced that they will be conducting roadside safety checks along I-90 for vehicles exiting westbound at the Illinois Highway 31 exit.  The program is scheduled to begin at 11 p.m. on Saturday until 4 a.m. on Sunday.  Illinois State Troopers will be checking to see if vehicles are being operated in an unsafe condition, driving with a suspended or revoked license, transporting open alcohol, and driving under the influence of alcohol.  

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

Red Eye Publishes Homicide Map Of Chicago

The Chicago Red Eye has published a map showing where murders have occurred in the City of Chicago.  The map allows you to search by address, name, community, date, age, sex, cause, day of the week, community area, locale or race.  Once you plug in the search criteria you are provided with the name of the victim, the date of the murder and the means by which the murder was committed.  You can also download spread sheets of the data by which the web site was compiled.

To access the website, 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.

Chicago Police To Expand Use Of Tasers

Today, the Chicago Police announced that they will greatly expand the use or tasers.  The Chicago Police is currently using 280 tasers.  The plan is to add 380 more to the inventory.  The plan is to place one in every beat car and to allow patrol officers to use them.  Currently, only sergeants and specially trained officers are allowed to carry and use tasers.  Officers will receive eight hours of training and follow up training to be able to carry and use tasers.  

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.

Tribune Article On Chicago's Plan To Use "Covert" Cameras

We have been reporting for some time about Chicago's ever-increasing use of surveillance cameras.  Everyone is familiar with the large cameras overhead with blue blinking lights.  As recently as February 16, 2010 we published an article about how the Chicago police announcing that they will begin exploring the use of small cameras which would be covert and allow the police to secretly record criminal activity. Today, the Chicago Tribune published an article discussing these plans in greater detail.

For the article, click here.

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

Supreme Court Seems Ready To Strike Down Chicago's Gun Law

On Tuesday, the Supreme Court heard oral arguments on McDonald v. Chicago, the challenge to Chicago's gun law.  The media has reported extensively on the oral arguments and I have been reading the analysis of the arguments and the likely outcome.  The general consensus is that the ruling in Heller is going to be applied nationally and Chicago's ban on handguns is going to be struck down.  From the questions of the justices and their comments, there is no doubt that the court is leaning in that direction.  But from a legal standpoint, the question is what legal basis will the court rely on to apply the Second Amendment to the states?  The National Rifle Association favors the application of the 14th Amendment, the Due Process Clause, as the way to apply the Second Amendment to the states.  The 14th Amendment provides that "no state shall deprive any person of life, liberty or property without due process of law."  It's the principle by which the Supreme Court has previously found that a woman has a right to abortion or struck down state laws that did not allow gay sex or banned interracial marriage.  The response from the justices suggests that this is the approach that is most likely to be adopted.  The attorney representing McDonald, Alan Gura, who also represented Heller in the earlier case, argued for another part of the 14th Amendment, the privileges and immunities clause.  This provision forbids any state from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States.  This is really an untested argument and Gura received some serious questioning from the justices when he made the argument.  Justice Scalia even went so far as to ask Gura why he was asking the court to override 140 years of precedent unless Gura was trying to get a job teaching for a law school.

A decision is expected by the end of June.  However, all signs are pointing to a big victory for gun advocates.  But the victory may not be as big as advocates had hoped.  The justices signaled that they will ok reasonable restrictions and that this ruling will only apply to keeping a gun in the house.

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.

Online Rumor That Chief Justice Roberts Retiring

Radaronline.com is reporting that Chief Justice John Roberts will be retiring for personal reasons from the Supreme Court.  The story is unconfirmed and is not being reported elsewhere.  Chief Justice Roberts suffered a seizures in 1997 and 2003.  Time Magazine has speculated that he has epilepsy.  However, the Supreme Court has stated that a neurological evaluation in 2007 showed no epilepsy.

UPDATE:  Radaronline is now retracting the story.

We'll keep an eye on this just in case there's something to this story.  For the article click here.

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

Cook County Jail Population Down - Divisions Start Closing Down

The lower crimes rates that we have been reporting have had a surprising effect.  The population at the notoriously overcrowded Cook County Jail is down.  As a result, Cook County Sheriff Tom Dart announced that portions of the jail are being closed down at a savings to taxpayers.  A 600 bed dormitory that housed medium and maximum security inmates was closed down last month.  Division III will also be closed down.  It houses medium and maximum security female inmates.  The number of inmates coming into the jail are down almost 19 percent since 2004.  As a result the population in the jail is dropping.  In 2004, about 106,000 people were processed into the jail.  In 2009, 86,000 people were processed.  The entire jail complex encompasses 96 acres of land.  It can handle up to 10,000 imates at one time.  In 2002, about 11,000 inmates were housed in the jail.  This led to inmates being forced to sleep on the floor.  Today, the prison population is about 8,600.  Sheriff Dart has made plans to be able to quickly reopen the closed facilities if needed.  In addition, about 60 Cook County inmates are being housed in neighboring counties.  Sheriff Dart says that in some cases it is cheaper to house the inmates outside of Cook County.  The closings are expected to bring about $15 million in savings to the County.

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.

Target Of Parking Tickets Sues City

An Orland Park man who claims he was repeatedly issued parking tickets by the Chicago Police as part of a conspiracy involving his ex-wife has filed a lawsuit against the City of Chicago.  Mark Geinosky claims that parking tickets started arriving in the mail shortly after he separated from his ex-wife.  Some of the tickets were issued during a period of time that his ex-wife had possession of the vehicle but other tickets were issued after she returned the vehicle to him.  Four more tickets were received after he sold the vehicle.  Geinosky is claiming a conspiracy between the officers and his ex-wife to cause him grief.  He is requesting compensatory and punitive damages.

For a copy of the lawsuit, click here.

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

Supreme Court Hears Arguments On Another Miranda Case

Today, the United States Supreme Court heard oral arguments on another case exploring the limitations of Miranda.  In 2001, Van Chester Thompkins was arrested for a murder and was interrogated by the police for three hours.  At the beginning of the questioning, he was read his Miranda warnings and stated that he understood them.  He would answer questions with "yes" or "no" or "I don't want to be questioned."  At the end of the questioning, one of the officers asked if he prayed for forgiveness for shooting the boy and Thompkins broke down and said "yes."  Thompkins was convicted of the murder but appealed arguing that his confession should be thrown out because he invoked his Miranda rights by being uncommunicative with the officers.  The Court of Appeals agreed with Thompkins and threw out his confession.  The question presented is very interesting.  Does the right to remain silent have to be verbalized or is the fact that the defendant remains silent deemed to be an invocation of the right to remain silent?

The Supreme Court should rule on this case by the end of this year.  

The case is Berghuis v. Thompkins, 08-1470.

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.