Chicago To Analyze Shootings In 2 High Crime Neighborhoods

In an effort to try to reduce the number of shootings, a Chicago City Council Committee has decided to try a study that analyzes all shootings, fatal or otherwise, of individuals under the age of 21 in the 11th District and the 4th District.  These 2 districts are considered to be among the city's most violent districts.  In the last few years, shootings involving youth's have been on the rise in the city.  Several of the cases have attracted national attention.  The program endorsed by the Chicago City Council Committee was patterned after a similar program in Milwaukee.  The program takes data from the Chicago Police Department, several other government agencies and some not for profit groups and seeks to come up with new tactics to try to target the causes and cures for such crimes.  The program in Milwaukee helped cut in half the number of shootings in the neighborhoods that were targeted.  The panels that would be conducting the studies would be made up of representatives from the Chicago Police Department, Chicago Department of Health, Chicago Public Schools, several state and local social service agencies and a child policy center at the University of Chicago.

The full City Council is scheduled to vote on the measure next week.  Passage is expected.

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.

Crime Rate Decreases Nationally Fourth Year In a Row

The FBI reports that the violent crime rate decreased nationally for the fourth year in a row.  In addition, property crimes decreased nationally for the eighth year in a row.  The news was released in the FBI's annual Crime in the United States report for 2010.  Violent crimes decreased by 6 percent and property crimes decreased by 2.7 percent compared to 2009.  In spite of the national decrease, some cities in the Northeast experienced double digit increase in the number of murders.  The major cities include New York, Boston and Newark.  The FBI's data is compiled with figures provided by 18,108 city, county, state, university and college, tribal and federal agencies that voluntarily agree to participate in the FBI's annual study.  Last week the Department of Justice released a report indicating that the national violent crime rate decreased by 13 percent in 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.

TASC and Drug Probation - A Primer

As a continuing service to our readers, we are presenting another article in our "Primer" series.  To see our previous "Primer"article about 410 or 1410 Probation, click here.

Drug and TASC probation is a special kind of probation because the law allows the defendant to avoid a criminal conviction and eventually expunge their arrest record.

Under “regular” probation, a felony conviction stays on the defendant’s record forever unless the Governor issues a pardon – not very common. Understanding the differences between drug, TASC and regular probation is important because it can mean the difference between having a clean record or being permanently labeled a convicted felon.

A further distinction is also necessary between drug probation and TASC probation. For drug probation, the Defendant is charged with possessing illegal drugs. For TASC probation, the charge does not have to be drug related, but rather, the Defendant elects to be treated as a person with a drug problem.  For example, if the Defendant is charged with Residential Burglary, they would not be eligible for drug probation or regular probation, but may be eligible for TASC probation.

TASC (Treatment Alternatives for Safe Communities), is actually run by a not-for-profit organization with offices in every county in Illinois.  In 2010, it provided services to 19,462 clients.  In large part, TASC provides services to defendants that have substance abuse and/or mental health problems.  TASC does not offer treatment directly, but rather coordinates the treatment program for the Defendant.  TASC also provides services not related to cases involving drugs such as the Domestic Violence Diversion program.  For more information on TASC see:  www.tasc.org

Under the Illinois Alcoholism and Other Drug Dependency Act (20 ILCS 301/40), a Defendant can request from the Court that they be treated as someone with a drug problem and referred to TASC for an evaluation.  However, the Court may find the Defendant is not eligible for TASC if there are:  1) charges pending alleging a violent crime; 2) the defendant has two or more prior convictions for violent crimes;  3) the offense charged is a crime of violence;  4) the defendant elected and was admitted to a treatment program on two prior occasions within any consecutive two-year period under Article 40;  5) the offense charged is in violation of Section 401 (a), (b), or (c);  5) The offense charged is related to methamphetamines; and  6) the offense charged falls under any other exclusion (DUI offenses, Residential  Burglaries with one or more prior felony convictions, other pending felony offenses, etc.). 

Even if the Court finds the Defendant eligible for TASC under 20 ILCS 301/40, acceptance into TASC is not automatic.  TASC has to accept the defendant.  Generally, TASC will accept a Defendant if they determine that a rehabilitation program will help and so long as the charge is not for a violent crime, involves a weapon, or possession of methamphetamines.   Once the Defendant is accepted into TASC, a tailored program is put in place to assist the Defendant with his substance abuse rehabilitation. The program and probation is for 24 months.  Upon completion, the judgment of conviction is vacated by the Court with the result being that case is concluded without a conviction. The arrest record can also be expunged from the public record 5 years after completion of the 24 months of probation.

Some Defendants run into problems while on “TASC probation” because they do not follow the program or fail one of the many drug tests. In those circumstances, the prosecutor usually files a Violation of Probation and asks the Court to sentence the Defendant to jail time.  Most judges are aware that recovery is not easy and will give the Defendant some lee way. However, a Defendant who shows little regard for the terms of their probation will get little or no sympathy from the Court

Turning our attention to drug probation, it is available under three circumstances under Illinois law:

     (a) Marijuana Possession.  Under the Cannabis Control Act (720 ILCS 550/10), a person who is charged for Possessing Marijuana is eligible for drug probation so long as there was no Manufacturing and/or Trafficking involved.  This probation is sometimes referred to as “710” probation in reference to the law before it was revised. 

   (b) Other Drug Possession.  Under the Illinois Substance Control Act, (720 ILCS 570/410), a person who is charged for possessing your most common street drugs or possessing an unauthorized prescription form,  is eligible for drug probation.  This probation is sometimes referred to as “1410” probation in reference to the law before it was revised.                                 

     (c) Methamphetamine Possession.  Under the Methamphetamine Control Act (720 ILCS 646/70), a person is charged with possessing less than 15 grams of methamphetamine, is also eligible for drug probation.  This probation is often referred to as “Section 70” probation.

The term of drug probation is for 24 months. During that period, the defendant is required to a) submit to a minimum of 3 drug tests during the term of probation, b) perform 30 hours of community service and 3) not possess a firearm.  Further, you must pay mandatory fines and costs which are approximately $1,200,00.  The Court can further add additional terms to the probation depending on the circumstances.

Unlike TASC probation, in drug probation a judgment is not entered against the defendant.  When the defendant completes his drug probation, the case is simply dismissed. Under TASC probation, a judgment is entered against the Defendant when they enter TASC and the judgment is later vacated by the Court upon successful completion of probation.  As noted, under TASC probation, TASC designs a tailored program for the defendant and they must comply with the recommendations of TASC to successfully complete probation.

The State legislature has take notice that drug addiction is a disease and has carved out these limited exceptions to regular probation to give addicts an opportunity to get better and avoid criminal convictions.  With the thousands of inmates currently in jail for drug related crimes, one would think that these programs need to be expanded and the law amended to reflect the enormity of the problem of drugs in our communities. 

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.

TASC And Drug Probation - A Primer

As a continuing service to our readers, we are presenting another article in our "Primer" series.  To see our previous "Primer" article about 410 or 1410 Probation, click here.

Drug and TASC probation is a special kind of probation because the law allows the defendant to avoid a criminal conviction and eventually expunge their arrest record.

Under “regular” probation, a felony conviction stays on the defendant’s record forever unless the Governor issues a pardon – not very common. Understanding the differences between drug, TASC and regular probation is important because it can mean the difference between having a clean record or being permanently labeled a convicted felon.

A further distinction is also necessary between drug probation and TASC probation. For drug probation, the Defendant is charged with possessing illegal drugs. For TASC probation, the charge does not have to be drug related, but rather, the Defendant elects to be treated as a person with a drug problem.  For example, if the Defendant is charged with Residential Burglary, they would not be eligible for drug probation or regular probation, but may be eligible for TASC probation.

TASC (Treatment Alternatives for Safe Communities), is actually run by a not-for-profit organization with offices in every county in Illinois.  In 2010, it provided services to 19,462 clients.  In large part, TASC provides services to defendants that have substance abuse and/or mental health problems.  TASC does not offer treatment directly, but rather coordinates the treatment program for the Defendant.  TASC also provides services not related to cases involving drugs such as the Domestic Violence Diversion program.  For more information on TASC see:  www.tasc.org

Under the Illinois Alcoholism and Other Drug Dependency Act (20 ILCS 301/40), a Defendant can request from the Court that they be treated as someone with a drug problem and referred to TASC for an evaluation.  However, the Court may find the Defendant is not eligible for TASC if there are:  1) charges pending alleging a violent crime; 2) the defendant has two or more prior convictions for violent crimes;  3) the offense charged is a crime of violence;  4) the defendant elected and was admitted to a treatment program on two prior occasions within any consecutive two-year period under Article 40;  5) the offense charged is in violation of Section 401 (a), (b), or (c);  5) The offense charged is related to methamphetamines; and  6) the offense charged falls under any other exclusion (DUI offenses, Residential  Burglaries with one or more prior felony convictions, other pending felony offenses, etc.). 

Even if the Court finds the Defendant eligible for TASC under 20 ILCS 301/40, acceptance into TASC is not automatic.  TASC has to accept the defendant.  Generally, TASC will accept a Defendant if they determine that a rehabilitation program will help and so long as the charge is not for a violent crime, involves a weapon, or possession of methamphetamines.   Once the Defendant is accepted into TASC, a tailored program is put in place to assist the Defendant with his substance abuse rehabilitation. The program and probation is for 24 months.  Upon completion, the judgment of conviction is vacated by the Court with the result being that case is concluded without a conviction. The arrest record can also be expunged from the public record 5 years after completion of the 24 months of probation.

Some Defendants run into problems while on “TASC probation” because they do not follow the program or fail one of the many drug tests. In those circumstances, the prosecutor usually files a Violation of Probation and asks the Court to sentence the Defendant to jail time.  Most judges are aware that recovery is not easy and will give the Defendant some lee way. However, a Defendant who shows little regard for the terms of their probation will get little or no sympathy from the Court

Turning our attention to drug probation, it is available under three circumstances under Illinois law:

     (a) Marijuana Possession.  Under the Cannabis Control Act (720 ILCS 550/10), a person who is charged for Possessing Marijuana is eligible for drug probation so long as there was no Manufacturing and/or Trafficking involved.  This probation is sometimes referred to as “710” probation in reference to the law before it was revised. 

   (b) Other Drug Possession.  Under the Illinois Substance Control Act, (720 ILCS 570/410), a person who is charged for possessing your most common street drugs or possessing an unauthorized prescription form, is eligible for drug probation.  This probation is sometimes referred to as “1410” probation in reference to the law before it was revised.                                 

     (c) Methamphetamine Possession.  Under the Methamphetamine Control Act (720 ILCS 646/70), a person is charged with possessing less than 15 grams of methamphetamine, is also eligible for drug probation.  This probation is often referred to as “Section 70” probation.

The term of drug probation is for 24 months. During that period, the defendant is required to a) submit to a minimum of 3 drug tests during the term of probation, b) perform 30 hours of community service and 3) not possess a firearm.  Further, you must pay mandatory fines and costs which are approximately $1,200,00.  The Court can further add additional terms to the probation depending on the circumstances.

Unlike TASC probation, in drug probation a judgment is not entered against the defendant.  When the defendant completes his drug probation, the case is simply dismissed. Under TASC probation, a judgment is entered against the Defendant when they enter TASC and the judgment is later vacated by the Court upon successful completion of probation.  As noted, under TASC probation, TASC designs a tailored program for the defendant and they must comply with the recommendations of TASC to successfully complete probation.

The State legislature has take notice that drug addiction is a disease and has carved out these limited exceptions to regular probation to give addicts an opportunity to get better and avoid criminal convictions.  With the thousands of inmates currently in jail for drug related crimes, one would think that these programs need to be expanded and the law amended to reflect the enormity of the problem of drugs in our communities. 

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

Not Guilty For Residential Burglary After Trial in Markham

I obtained a not guilty, directed verdict, after a bench trial for a Residential Burglary charge in Markham.  The state was claiming that my client, and another defendant, entered a private residence through a window.  As they started walking through the house a resident confronted them.  The state alleges that when they were confronted by the resident they exited through the window and fled.  The police arrived and were given a description of the offenders.  Armed with a description of the offenders the police started searching throughout the neighborhood and found my client and the co-defendant standing outside a local store.  They placed them under arrest, took them back to the house and were positively identified by the resident.  

At trial the case came down to the resident not being able to positively identify my client and the co-defendant as the two individuals he saw in his house.  After considering all the evidence the court dismissed the charges against my client and found that he was not guilty.  Residential Burglary is a Class 1 felony carrying a mandatory minimum of 4 years and maximum of 15 years in prison.  However, because of his criminal record, my client was looking at a minimum of roughly 13 years in prison.

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.

Looming Execution a Dark Chapter For American Justice

Tomorrow night the State of Georgia will be putting Troy Davis to death for the 1989 murder of Savannah police officer Mark MacPhail.  There was no physical evidence introduced at Davis's trial, no murder weapon, no video tape, no DNA evidence, no confession.  Davis was convicted entirely on the testimony of nine eyewitnesses.  Since the trial, seven of the witnesses have changed their stories and admitted that they lied.  Two individuals testified at trial that Davis had confessed to them that he had murdered the police officer.  Both of those individuals have since admitted that they lied.  Ten witnesses have signed affidavits claiming that the police coerced them to lie and eight more have signed affidavits implicating another man in the murder.  Davis has always maintained his innocence.  The United States Supreme Court has already stopped his execution at least once by ordering that a Federal Judge hold a hearing to determine if there was sufficient evidence to sustain a conviction.  The Federal Judge required that Davis prove his innocence at that hearing, a virtually impossible burden for a defendant to meet and a burden that has no basis in the United States Constitution.  Even though the court found that Davis had not met his burden, it did find that the state's case was weak.  Today the Georgia Board of Pardons turned down a request to stop Davis's execution.  It appears as if Davis's appeals have been exhausted and there is no way to stop his execution, which is scheduled for 7 pm.  

While there is no way to know for sure if Davis is guilty or innocent, there is no doubt that there are serious questions surrounding his case.  The Death Penalty is the most serious penalty that society can impose on an individual and should only be reserved for those cases in which there is no doubt whatsoever about the guilt of the condemned.  In its rush to execute Davis, Georgia may be doing more to eradicate the death penalty than they think.  This is the type of case which will make people question how the United States of America can still be the only industrialized nation on the planet to execute its citizens.  

Tomorrow the eyes of the world will be on Georgia as they may very well be putting an innocent man to death.  In the meanwhile, America should bow its head in shame.

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.     

Life Sentence For Juveniles Convicted of Murder Upheld

The U.S. Court of Appeals for the Eleventh Circuit upheld a ruling that juveniles convicted of murder may be sentenced to life imprisonment without the possibility of parole.  The case involves Kenneth Loggins who was convicted in Alabama of the 1994 murder of a hitchhiker committed when he was 17 years old.  Loggins was originally sentenced to death but the death sentence was reduced to life imprisonment after the United States Supreme Court decision in Roper v. Simmons in which the Supreme Court ruled that juveniles convicted of murder could not receive the death penalty.  Loggins challenged the sentence of life without the possibility of parole on the grounds that it constituted cruel and unusual punishment and violated the Eighth Amendment to the United States Constitution.   The Court of Appeals disagreed with Loggins and held that a juvenile can still be convicted of capital murder and receive the strictest punishment available so long as it is not the death penalty.  While the United States Supreme Court has ruled that life without parole for juveniles convicted of non-murder case is unconstitutional, it has not ruled on life without parole for murder cases.  The ACLU has filed several lawsuits against several states seeking to have this issue taken up to the Supreme Court.  The ACLU points out that the United States is the only country that sentences juveniles to prison without the possibility of parole.

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. 

12 Years In Prison For Crooked Cop

Jerome Finnigan, who federal prosecutors called one of Chicago's dirtiest cops, was sentenced to 12 years in federal prison for a murder for hire plot that targeted a fellow cop because the fellow cop was cooperating with  investigators.  Finnigan has been in isolation in the Metropolitan Correction Facility in downtown Chicago for the past 4 years.  He was the alleged ringleader of a Chicago Police Unit that used to be called the Special Operations Section.  The Special Operations Section was specifically created to target known drug dealers throughout the City of Chicago.  Finnigan and his crew would raid homes without warrants, conducted illegal traffic stops and shook down drug dealers and innocent citizens.  Authorities have linked about $600,000 in money stolen in robberies and allege that Finnigan received at least $200,000 of that money.  Another officer recorded Finnigan planning the murder of a fellow police officer that he suspected of cooperating with authorities.  Previously, Finngan allegedly threatened to harm a Cook County prosecutor who was prosecuting him for a corruption charge.

With credit for the time he has already spent in federal custody, Finnigan may be released from federal prison as early as 2018.

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 Expands Tickets For Low Level Drug Offenses

Yesterday, the Cook County Board took a big step in an effort to decriminalize the possession of small amounts of marijuana. In 2009 the Cook County Board passed an ordinance which provided for the issuance of tickets for the possession of small amounts of marijuana. But recently, various news outlets reported that zero tickets had been issued. The 2009 measure only applied to unincorporated areas of Cook County that were being patrolled by the Cook County Sheriff. The new measure includes areas in which the Cook County Sheriff provides primary law enforcement duties, such as south suburban Ford Heights. The Cook County Sheriff's office now reports that they are ready to write tickets for the possession of less than 10 grams of marijuana pursuant to the measure passes yesterday by the Cook County Board. The President of the Cook County Board, Tony Perwinkle, has come out strong in favor of decriminalizing the possession of small amounts of marijuana. She points to the high cost of keeping offenders in jail until they go to their preliminary hearing, where most such cases are dismissed anyway. It costs about $143 a day to keep an inmate in Cook County Jail. Perwinkle has stated that she will help lead an effort to have the Illinois legislature pass a similar measure throughout the State of Illinois.

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 Deals Blow to Feds

The Cook County Board has dealt a blow to the Federal Government when it comes to requests to detain people in Cook County jail who are facing misdemeanor charges.  The action by the Cook County Board follows a recent federal court case in which it was held that requests by the federal government to place immigration holds on defendants for possible deportation were merely requests and were not mandatory.  The Cook County Board pointed out that the cost to Cook County taxpayers is roughly $15 million per year, or roughly $143 per day per inmate to comply with these immigration hold requests by the federal government.  The decision only applies to individuals charged with misdemeanors who have immigration holds placed against them and are released from Cook County Jail for any reason.

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.