Senate Judiciary Committee Wants Cameras In Federal Court

On Thursday, the Senate Judiciary Committee, on a vote of 13 to 6, approved a measure that would televise Supreme Court proceedings and permit cameras in lower federal courts at a judge's discretion.  But whether the Senate can force the federal courts to televise their proceedings is unclear.  The Supreme Court has its own rules on televising their proceedings.  The Supreme Court currently does not allow cameras.  However, they do release audio recordings of certain proceedings.  The Judicial Conference, the governing body for the lower courts, does not allow cameras in federal courtrooms.  However, the Judicial Conference does allow each appellate circuit to make its own coverage policy.  Only 2 circuits, New York's 2nd and San Francisco's 9th, currently permit cameras.  In addition, some other courts allow for the release of audio recordings of proceedings.  On Thursday the Senate Judiciary Committee approved three bills.  The first would permit the use of cameras in the Supreme Court unless a majority of justices, in a particular case, decided that cameras would violate a party's rights.  The second bill would give district and appellate judges the decision on whether to allow cameras.  And the final bill, which is really not a binding piece of legislation, would merely state that it is the "sense of the Senate" that the Supreme Court should allow cameras.  

It is unclear if any of these measures will ever make it to the full Senate for a vote.

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 To Install Cameras

On Monday night, the Evanston City Council voted to use federal grant money to install surveillance cameras in 15 problem areas in the town.  The vote was 7 to 2 in spite of criticism that the cameras were overpriced and would not be effective.  One of the criticisms was that the presence of cameras would give people a false sense of security.  The sites named for camera installation are Church Street and Maple Avenue, the 1900 block of Jackson Avenue, Dodge Avenue and Lyons Street, Sherman Avenue and Davis Street (Fountain Square Plaza), Lake Street and Chicago Avenue (Raymond Park), Church and Sherman, Clark Street and Sherman, Sherman and Grove Street, Custer Avenue and Brummel Street, Maple and Clark, Dodge and Emerson Street, and Chicago and Church.  The funds will allow Evanston to build its own infrastructure and connect the cameras to its fiber-optics network.  

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.

American Fragmentation

I noticed today in the Drudge Report the following articles:

- Texas lawmaker wants Arizona's immigration law for state...

- California lawmaker: Deport children of illegal aliens...

- This is Alabama; we speak English,' candidate says. . .

Basically, Texas is on its way to becoming a police state like Arizona. In California, Congressman Duncun wants to deport newborns of illegal aliens. In Alabama, gubernatorial candidate Tim James would change the law to administer the drivers' license exam only in English. Such a law would have prevented my father from obtaining his Driver's license in the 60s since he only spoke Greek. Eventually, like most immigrants, he learned English.

Amazingly, more than 90 congressional representatives are in support of federal legislation to eliminate automatic citizenship for children born on US soil to illegal aliens. As a society, if we agree to take the civil liberties from one ethnic group, we open the door for any ethnic group to be persecuted in the future. Today "they" start with the Latinos; what group will be next in line? Remember when we placed Japanese Americans in concentration camps during WWII?

So how does this relate to criminal law? In order for these types of policies to take effect, laws will be written with criminal and civil penalties. More criminal laws? I wonder what a 10 year old would be legally required to do if they found out that they were illegally in the US? Would the kid be required to surrender? Would the kid be a fugitive for continuing to hide? Are we going to have hideouts in the US for kids pursued by the immigration police?

The criminal courts is where much of the fight is going to take place. I am confident that our judicial system will defend the Constitution and protect our civil liberties.

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.

Maryland Moving Towards Legalizing Medical Marijuana

Earlier this month the Maryland Senate voted overwhelmingly to legalize medical marijuana.  The bill was approved 35-12 without any objections and without any discussion.  Maryland is seeking to join 14 other states that legalize medical marijuana.  Current Maryland marijuana laws are already favorable towards medical marijuana.  Current law allows a defendant charged with possession of marijuana to raise a medical necessity defense.  If the judge determines that the use of the marijuana is beneficial to that defendant, the judge will impose a maximum fine of $100.  Since Maryland already basically allows for the medical use of marijuana, supporters of the effort to legalize medical marijuana argue that this would allow patients to not have to rely on the black market to obtain their marijuana.  This measure now moves to Maryland's House of Representatives for their consideration.

There is a definite surge in the movement to legalize medical marijuana in the United States.  Last year, more than a dozen states, including Illinois, moved forward on legislation to legalize medical marijuana.  If the trend continues, very soon, half of Americans may be living in states that legalize medical marijuana.  In November, California voters will get to decide whether to legalize the possession of marijuana for all adults.

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.

Antioch Considering Jumping On Red Light Camera Bandwagon

The Village of Antioch is the latest Illinois town that has indicated that it may be installing red light cameras.  Earlier this month the Village Board considered the matter and have decided that they will look into the matter.  The most likely intersections for red light cameras in the village would be along Route 173 at Savage Road, Deep Lake Road, and routes 83 and 59.  The mayor and the Trustees want to go slow with the decision so that the residents of Antioch do not think the move is being made for the sole purpose of raising money.  No decision was made at the meeting but the trustees agreed to further consider the red light cameras at future meetings.  The Village Board, the mayor and the police chief are going out of their way to convince the citizens that the move is being made for safety reasons.  The citizens of Antioch are urged to show up at future meetings armed with statistics which prove that red light cameras have very little effect in reducing the number of accidents.  In fact, there is data showing that accidents actually increased at some intersections in which red light cameras were installed.

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.

What To Do If Questioned By Police About Your Immigration Status In Arizona?

On April 23, 2010, the state of Arizona passed a law which allows the police to ask any person for proof of lawful residence or citizenship if they have reasonable suspicion to believe that he/she is in the country illegally. A warning to all citizens with dark complexions: bring your passports while traveling through Arizona because you may end up in a federal transfer detention center waiting your turn to be brought before a judge.

Having read the Arizona Bill, I can tell you that honest, hard working, but illegal aliens are now in a collision course with federal and state law with dire consequences for themselves and loved ones.

If you are an illegal alien and are questioned by the police, the best way to protect yourself is to remain silent. The fact is that you have no legal obligation to disclose any personal information to any police officer. Further, if the police officer insists, ask for an attorney immediately. You have constitutional rights and under the 5th amendment of the US constitution as applied by the US Supreme Court in Miranda v. Arizona, you have the following rights when questioned by the police if you are in custody or not free to leave:

1. You have the right to remain silent; and

2. You have the right to consult with an attorney.

Don’t forget that what you say to the police can be used against you. If you tell the police officer that you are in the US illegally, he/she can arrest you immediately without a warrant. After arrest, they can either take you to a detention center for transfer to federal custody or charge you with "trespassing" in the State of Arizona which can be a misdemeanor or felony depending on the circumstances. After you serve your time for violating the Arizona trespass law, you are then taken into federal custody to be deported. Generally, while in deportation proceedings, you will be in federal custody while your case makes it through the courts.

Basically, if you are legal but have a dark complexion, make sure you bring your travel documents when in Arizona. If you are in the US illegally, don’t say a thing if questioned by the police because you will have the state and federal governments waiting in line to put you in jail, and take your property through fines and forfeiture laws.

The Arizona law is going to be overturned or strictly limited by the courts on various constitutional grounds. I am confident the drafters of the legislation were aware of the constitutional limits, but decided to ignore them in their attempt to deal with the crime and violence caused by some illegal aliens.

To say the least, a “misguided” way of dealing with an otherwise legitimate problem.

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

Kane County Planning Another "No-Refusal" Weekend

Kane County State's Attorney John Barsanti has announced that Kane County has another "no-refusal" weekend in the works.  We have previously reported about Kane County's "no-refusal" programs.  During such a weekend, police set up checkpoints with prosecutors and a judge are on call to prepare search warrants for drunk drivers who refuse to consent to a breath test or provide blood evidence.  They also have a phlebotomist present to draw blood.  Most of the "no-refusal" weekends have been held during holiday weekends when more drivers are on the road.  Barsanti did not state when the next "no-refusal" weekend will occur.  During prior crackdowns, most drivers complied with requests to provide a breath test or blood evidence.  However, one driver refused to cooperated and was charged with contempt of court.  The case was dismissed by a judge when the court found that the charge was illegal.  In the next case the state charged that driver with Obstruction of Justice.  That case is still working its way through the Kane County court system.  

The program is controversial and the legality of it is still not resolved.

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.

Warm Weather Leads To Increase In Murders

With the warm weather in March, the number of murders in the City of Chicago increased.  The good news is that the overall crime rate decreased 14.8 percent in March.  But the murder rate increased 4.3 percent.  The number of Aggravated Assaults dropped 20.4 percent and Criminal Sexual Assaults dropped 14.6 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.

Chicago Police To Use Computer Data To Saturate Hot Spots

The Chicago police have announced that they will be deploying a computer program which will put specific block to block data in the hands of officers on the streets to identify potential hot spots throughout the city.  The computer system will start operations next week.  The computer will generate data which will identify specific blocks where violence is brewing and deploy strategic police units to those specific locations to help prevent the violence from occurring.  Deputy police chiefs will be overseeing the computers and receiving updates twice a day.  This is important because the police have found that most violent crimes occur in less than 9 percent of all the blocks in the city.  It is thought that this program is in response to the recent spike in the number of violent crimes that have occurred as the summer temperatures have arrived sooner than usual.

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.

University of Illinois Police Testing Cameras That Scan License Plates

The University of Illinois Police in Urbana, Illinois are testing in car cameras in their squad cars that automatically scan the license plate of the vehicles that pass squad cars and check to see if the cars have been reported stolen, the owner of the car is wanted by the police or if the license of the driver has been suspended.  If the computer finds a problem, the computer beeps inside the squad car and then the officer can act on the warning.  The officer would then verify the information against a database and decide whether he should act.

This is the first such system we have heard of.

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.

Extensive Use of Cameras Makes Chicago America's Most Watched City

Chicago has organized such an extensive network of surveillance cameras that it is now being recognized as the most watched city in the United States.  The suicide last fall of Chicago's School Board President, Michael Scott, illustrates how extensive this network of cameras is.  Scott's body was found in the Chicago River.  Speculation started mounting that someone may have killed him in spite of the police initially determining that he had committed suicide.  Chicago officials pieced together video footage of the route he took to the location of his death that they were convinced that no foul play was involved in his death.  He was not followed by anybody, he didn't stop anywhere and he never picked up a passenger.  Even London, the world's most watched city, does not incorporate private cameras into its network like Chicago does.  What makes Chicago unique is that in addition to the cameras deployed by the city, they connect private cameras to the city network of cameras.  While the number of cameras in Chicago's network is unknown, it is estimated to be well in excess of 10,000 cameras.  The Chicago police claim that over 4,000 arrests have occurred by the use of cameras since 2006.  

While cameras placed in public places do not violate the law, the possibility of misuse is certainly a possibility.

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 Allows Lawsuit Against Cops For Warrantless Search To Proceed

The United States Supreme Court refused to dismiss a lawsuit filed against two San Carlos, California police officers accusing them of using excessive force and arresting the Plaintiff and entering his home without a warrant.  A woman had accused the Plaintiff of driving under the influence of alcohol and leaving the scene of a hit and run accident.  The police went to the Plaintiff's house and entered his house without a warrant.  The Court of Appeals also ruled that the officers can be sued for pointing their guns at an unarmed and uncombative  citizen.  The Supreme Court left this ruling stand and and apparently ruled that the officers did not have immunity from a civil lawsuit for what happened.  

The case is Bonvicino and Buelow v. Hopkins, 09-681.

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.

Quinn Working On Parson Backlog

On Good Friday, Illinois Governor Pat Quinn granted 147 pardons.  None of the people pardoned are currently serving time in prison.  Most of the convictions were in the 1980's and 1990's and most were for probation.  In addition to the pardons he granted, he denied 258 pardon petitions.  He also authorized two people had had already received pardons to expunge their records of their convictions.  Governor Quinn took office in January of 2009.  Since he took office he has acted on 769 pardon petitions.  He has granted a total of 321 pardons, denied 440 petitions and authorized 8 people who have previously received pardons to expunge their records.  The previous governor, Rod Blagojevich, was notorious for taking no action on pardon petitions.  This inaction lead to a major backlog of petitions.  People are not allowed to reapply for a pardon until action is taken on their pending petitions.  The lack of action by the previous governor had left many people in limbo unable to do anything about their pardons.

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.

Medical Marijuana Patient Firing To Be Reviewed in Washington

The Washington Supreme Court has agreed to hear the case of a medical marijuana patient who was fired after a drug test administered by her employer came back positive for marijuana.  The patient, who has not been named to protect her privacy, applied for a job in Kitsap County in Washington.  When she applied she informed her employer that she was an authorized medical marijuana patient.  Knowing this, she was hired to answer phone calls and reply to emails.  A week later, a pre-employment drug test came back positive and she was fired.  She sued the employer in 2006.  The Court of Appeals in Washington recently ruled that the state's medical marijuana laws protects against criminal prosecutions but offers no protection against employers.  The Washington Supreme Court has agreed to review the ruling.

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.

Recession May Result In More Traffic Tickets

An article published by USA Today discusses how drivers are more likely to receive traffic citations now that state and local governments are scrambling to make up lost revenues.  A study published by the Journal of Law and Economics last year shows that police issue more traffic tickets the year following a decrease in tax revenues.  More and more drivers are reporting that they are being given tickets for speeding slightly over the speed limit.  In addition to an increase in the number of tickets issued, there is anecdotal evidence that the speeding "cushion" may also be disappearing.  Police are issuing tickets even when someone is caught driving just barely above the speed limit.  

What happens to our police when they are enforcing traffic laws so they can help raise revenue for the town or the state?  Doesn't seem 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.

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