Chicago Criminal Defense Attorneys - Legal News

Supreme Court Rules Death Row Defendant Can Pursue Appeal

2012-01-23T16:44:00.000-06:00

Last week the United States Supreme Court issued a ruling on a case that we have been reporting on for some time. The case involves Cory Maples, who had been convicted of two murders in Alabama and sentenced to death. We first reported about this case on October 5, 2011. Maples wanted to appeal his murder conviction and death sentence because his attorneys failed to argue that he was impaired at the time of the murders. His initial appeal was denied and the court mailed out notice to his attorneys that they had 42 days to file an appeal. Both of the young attorneys that had handled his case and his appeal had left the firm and had not informed the clerk of the court, the prosecutor, or Mr. Maples. The notices that had been mailed to his attorneys were "Returned to Sender." The Clerk of the Court did nothing when they received these notices back in the mail. The 42 days came and went and Maples did not pursue his appeal. The Alabama courts ruled that he had lost his right to appeal. Last week, the United States Supreme Court ruled Maples had withstood a "veritable perfect storm of misfortune" and should be allowed to pursue his appeal. But while this was the part of the story which gathered all the attention, there's another part of the decision which we would like to discuss. In its decision, the United States Supreme took a swipe at Alabama for it s unjust system of capital punishment. The majority opinion was delivered by Justice Ruth Bader Ginsberg. She pointed out that Alabama only requires that an attorney appointed to represent an indigent defendant in a capital case have 5 years of criminal law experience. No capital case experience is required. The state does not provide, nor does it require any professional education or training in capital cases, appointed lawyers are underpaid. In addition, Alabama is one of the only states that does not provide legal representation throughout post conviction proceedings. This means that a defendant with the financial resources can often escape the Death Penalty, whereas a poor defendant is left to fend for themselves. In Maples case, his lawyers admitted that they were "stumbling around in the dark" because they lacked experience handling capital cases. The Supreme Court's decision means that Alabama lawmakers should do more to insure that indigent criminal defendants have adequate legal representation in Alabama.

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.

Arkansas Murder Conviction Tossed Because Jurors Slept and Tweeted

2011-12-08T15:50:00.001-06:00

The first-degree murder conviction and death sentence for an Arkansas man was overturned because one juror slept during the trial and one repeatedly sent tweets in spite of the judge's orders that they not do so. Erickson-Dimas Martinez was convicted of first-degree murder and sentenced to death in 2010. Before the trial began the judge warned jurors not to discuss the case with anyone "and don't Twitter anyone about this case." Less than an hour before the guilty verdict was announced, the juror tweeted, "it's over." He would also send tweets on a daily basis commenting on the coffee and make comments like, "here we go again." The juror claimed that even though he sent the Tweets he did not make up his mind about the case until the very end. The Court of Appeals was satisfied with his explanation but not the Arkansas Supreme Court which threw out the murder conviction and the death sentence. The court found that the tweets were a discussion, even though they were one sided. The court found that it was inappropriate for the juror to share information about the case in such a public forum. The court also suggested that a panel look into whether to restrict jurors from bringing cell phones with them to court.

Prosecutors claim that Dimas Martinez robbed a teenager at gunpoint and demanded money before he shot and killed him.

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 Lessens Penalties For Pot Possession

2011-11-29T11:02:00.001-06:00

Last night, the Evanston City Council unanimously passed an ordinance which lessens the penalties for possession of small amounts of marijuana. Evanston always had a Village Ordinance in plays which provides that if someone was caught with 10 grams or less of marijuana, they could be issued a ticket for a fine between $50 to $500. State law provides that possession of 10 grams or less of marijuana is a Class B Misdemeanor, punishable by up to 6 months in county jail and a fine up to $1,500. Under the old law, Evanston police had the discretion to charge someone with the Village Ordinance or the state law. Yesterday's measure removes the discretion from the police and mandates that only tickets be issued but that the fines remain between $50 to $500. This measure had originally been proposed by the Mayor of Evanston who was concerned that arrests of young people caught with small amounts of marijuana made them unable to find jobs in the future. Evanston joins a slowly growing national movement towards lessening the punishment for being caught with small amounts of marijuana. Locally, Cook County passed a measure in 2009 which lessens the penalties for possession of small amounts of marijuana and in October, Skokie, also passed a measure which allows for the issuance of tickets for the possession of 2.5 grams or less of marijuana. Nationally, 14 states have taken steps to lessen the penalties for the possession of small amounts of drugs.

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.

Oregon Governor Halts Executions in State

2011-11-23T18:04:00.001-06:00

The Governor of Oregon, John Kitzhaber, announced yesterday that so long as he is Governor of Oregon, he will not allow any executions to happen. Kitzhaberwent on to say that he has determined that the death penalty is morally wrong and that he refuses to be part of a system that puts people to death. The next execution in Oregon was scheduled for December 6. Kitzhaber's announcement effectively ends the impending execution. In the last 49 years, Oregon has carried out 2 executions, both during Kitzhaber's first term as Governor. He left office in 2003 and was re-elected to another term in 2010. He was sworn into office in January of this year. He stated that the 2 executions that were carried out during his first term in office were "the most agonizing and difficult decisions he has made as governor" and has determined that he can no longer be part of something that he now considers to be morally wrong. This move follows a growing trend where we are seeing more and more states moving away from the death penalty. Sixteen states, and the District of Columbia, have abolished the death penalty. Earlier this year, Illinois Governor Pat Quinn signed a bill into law ending the death penalty in 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.

Awaiting State's Attorney News Conference About Retail Theft Ring Bust

2011-11-20T12:09:00.001-06:00

There's news this morning that Cook County State's Attorney, Anita Alvarez, will be holding a press conference this morning to announce arrests involving a retail theft ring operating in Chicago and in surrounding suburban shopping malls. One of the items that was stolen by this ring is a $5,000 vase stolen from a store on Michigan Avenue. The operation has been named "Operation Whoville" and the investigation has apparently been going on for about a month. We'll report once more information is available after the press conference.

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.

2nd Inmate in 4 Days Hangs Self in Lockup

2011-11-20T08:06:00.001-06:00

In the second time in four days an inmate in a Chicago police lock up has been found dead, hanging in their police jail cell. This morning, Melvin Woods, was found hanging in his jail cell at the police station on 111th Street. He was pronounced dead on the scene. Woods had been arrested last night and charged with an Aggravated Assault after police responded to a domestic incident with his girlfriend at his home. Woods was found hanging by his underwear at about 1:30 this morning. On Thursday morning, also at 1:30 in the morning, another inmate was found hanging in his jail cell. He was being held for the murder of a store security guard at an Aldi.

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.

Budget Passes - Cook County To Start Charging To Park At Courthouse Garages

2011-11-19T08:54:00.001-06:00

Yesterday, the Cook County Board unanimously passed its budget. Inside the budget is a slew of fee and tax increases hat will effect virtually every resident of Cook County. One measure will especially hit people who have to go to court. If you park in a parking garage at any Cook County Courthouse you will be charged $4.75 a day to park your car. The measure exempts jurors and law enforcement personnel but sticks everyone else with this new fee. In reading the measure, it indicates that the fee will be charged at parking garages at the courthouse. This would cover Rolling Meadows, Skokie, 26th and California, and Juvenile Court at 1100 S. Hamilton, where an hourly parking fee is already charged. It seems as if the parking fee would not apply to the courthouses that do not have parking garages, such as Maywood, Bridgeview, Markham, 555 W. Harrison, and the branch courthouses such as Grand and Central, Belmont and Western, Harrison and Kedzie, 51st Street and 111th Street. It should take a little time to set up the process so we will keep an eye out on when this new revenue enhancement measure will be put into place and how this will happen.

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.

Law Allowing Police To Obtain Cell Phone Records Without Warrant Ruled Unconstitutional

2011-11-18T08:56:00.001-06:00

In the face of increasing legal challenges to the government's power to obtain information, a Texas District Court Judge struck down a Federal law which gives authorities the right to obtain cell phone records without a warrant. The Electronics Communications Privacy Act of 1996 allows authorities to obtain certain digital records, such as emails and cell phone records, without a warrant so long as the police are able to show specific and articulable facts that the records sought are relevant and material to an ongoing investigation. When it comes to searching a person's home, the police generally have to obtain a search warrant which requires that they show a judge that probable cause exists that a crime has, or is being committed. Some large technology companies, such as Microsoft and Google have been lobbying Congress to change the law to require more than what the Electronics Communications Privacy Act of 1996 allows. Meanwhile, lower courts have been struggling with the issue releasing conflicting rulings. Yesterday, U.S. District Court Judge Lynn N. Hughes of the Southern District of Texas issued a one page ruling which struck down the Electronics Communications Privacy Act of 1996. In her opinion, Judge Hughes held that 'when the government requests records from cellular services, data disclosing the location of the telephone at the time of particular calls may be acquired only by a warrant issued on probable cause." She concluded her opinion by stating that "the standard under the [existing law] is below that required by the Constitution." This case comes in the heals of last week's Supreme Court's oral arguments on a case involving whether the police need to obtain a search warrant to place a GPS tracking device on a defendant's vehicle. During last week's Supreme Court oral arguments, several justices, both liberal and conservative, expressed concern over the government's contention that a search warrant is not required to place a GPS tracking device on a suspect's vehicle. This line of challenges to the government's authority will go on for many years as the law tries to establish boundaries on the limits of the government's authority over new and innovative technologies that were not present when the Constitution was written.

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.

Local Attorney Jailed For 2 Days For Missing Jury Trial

2011-11-17T09:28:00.001-06:00

In a case out of the Rolling Meadows courthouse, a local attorney was jailed for 2 days by the judge because he failed to come back for a jury trial that his client had requested. The attorney's client had been charged with a traffic violation. The attorney requested a jury trial. The court sent the case to the jury room in Rolling Meadows and the attorneys for the town and the defendant chose 12 jurors in the morning. They were supposed to return in the afternoon for the actual jury trial. The attorney for the defendant failed to come back to court and the judge held him in contempt of court and ordered that he be jailed for 2 days in Cook County Jail. The attorney for the defendant told reporters that he had a real estate closing scheduled for that afternoon and had requested a continuance of the trial in the afternoon. The attorney believes that the court was upset at him for demanding a jury trial for a traffic ticket, something that is very rarely done, and took out its frustration on him by holding him in contempt of court and putting him in jail. In addition to the jail sentence the attorney was fined $500. He indicated that he intends to appeal the ruling of the 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.

Supreme Court Hears Arguments On Louisiana Murder Case

2011-11-11T19:06:00.001-06:00

On Tuesday the United States Supreme Court heard oral arguments on an interesting Louisiana murder case. Juan Smith had been convicted of five murders at a New Orleans house party in 1995. At trial, a witness testified that he saw Smith walk through the front door of the house and was face to face with Smith and that he would never forget him. But on the night of the murders the witness had told the police that he could not identify the shooter other that he was African-American and had gold teeth. Five days later he told the police the same thing. The prosecutors never revealed this to Smith's attorneys prior to trial. At the time of the trial, the prosecutor's office would not turn over all the evidence to defendants. The current prosecutor turns over all evidence today. The state agreed that the evidence should have been turned over but argued that even if it had been turned over, it would not have made a difference.

The Supreme Court's decision in this case will have major implications for Smith who has been sentenced to death for three other murders. Prosecutors used his conviction for these murders in arguing for the death penalty on the other case. Its possible that if Smith wins the appeal, then his death sentence for the three other murders may also be overturned.

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 GPS Tracking Case

2011-11-11T18:29:00.001-06:00

This week the United States Supreme Court heard oral arguments on a case which asks whether the police need to obtain a warrant to place a GPS tracking device on a suspect's vehicle. We first reported on this case on August 6, 2010. In 2005, Washington police placed a GPS tracking device on a vehicle owned by Antoine Jones, a Washington nightclub owner. The used the GPS tracking device for a month and tied him to a drug stash house. He was eventually arrested and convicted of conspiracy to distribute cocaine. The GPS tracking device was just one facet of the investigation. The government alleged that Jones ran a drug trafficking operation out of his nightclub. The case involved surveillance of Jones and a wiretap of Jones' cell phone. Jones was sentenced to life in prison. His conviction was overturned by the Federal Court of Appeals who found that the placing of the GPS tracking device on his vehicle without a warrant violated his 4th Amendment right to be free from unreasonable searches and seizures. The government appealed the ruling arguing that the police have the right to place GPS tracking devices on suspect's vehicles without a warrant.

During oral arguments this week, most of the justices seemed skeptical of the government's position. The questioned the government's attorney and seemed leery of the government's position.

The case is United States v. Jones, 10-1259.

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.

City Turns To Cameras To Raise Revenue

2011-10-25T09:16:00.001-05:00

The City of Chicago has formally asked the Illinois Legislature to allow it to use cameras to nab speeders in school safety zones. The request comes at a time when the City of Chicago is facing major budget problems. At $100 per ticket, the additional revenue would come in handy. The City of Chicago owns its own red light camera system which is capable of detecting the speed of vehicles. All the city needs to do is attach a strip on the ground to calibrate the speed of a vehicle. The legislation was introduced last week by Illinois House Speaker Michael Madigan. The proposal would allow speeding tickets to be issued by cameras in school safety zones. The mayor's office has compiled statistics to argue that the measure is needed to insure public safety. But critics point out that even supporters of the measure agree that the revenue raised would come in handy during difficult economic times for the city. It is not yet clear how many cameras would be used and how much money would be raised or exactly where this money would go. It is not yet entirely clear what the prospects of passage of the measure will be in Springfield. In the past few years, there has been a backlash against the use of red light cameras. However, yesterday the measure passed through its first test in the State Senate when the Senate Executive Committee passed the measure 9 to 4, sending it to the full Senate for its consideration.

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.

Washington D.C. Mayor Orders Police Not To Check Immigration Status of Suspects

2011-10-19T17:31:00.001-05:00

The mayor of Washington, D.C., has signed an executive order which directs his police officers to not check the immigration status of suspects. The only exception in the mayor's order is that police can check the immigration status of someone if their immigration status has something to do with the crime they are being investigated for. The Mayor of the District of Columbia, Vincent Gray, is concerned that residents are unwilling to cooperate with police investigations if they fear that their immigration status will be questioned. The mayor believes that their fear of cooperating with the police endangers the community and adversely impacts public safety. The fact is that this has been the longstanding policy in the District of Columbia for a long time. The mayor's signing of the order just makes it official. By signing the order the mayor said he wants to make it clear that his city's police officers are not in the business of enforcing federal immigration laws. This does not mean that the District of Columbia is going to opt out of the Department of Homeland Security's Secure Communities program which is expected to be in place nationally by 2013. The Secure Communities program is designed to let local officials cooperate with the Department of Homeland Security and turn over individuals before they are released from prison to the Department of Homeland Security for deportation.

The issue of illegal immigrants still garners emotional responses from various groups. But the fact is that illegal immigration is not the problem that it once was. The number of illegal immigrants entering the United States is at the lowest it has been in 40 years. Turns out that the lack of jobs has deterred illegal immigrants from coming to 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.

Record Number of Deportations

2011-10-18T21:21:00.000-05:00

For the third year in a row, Immigration and Customs Enforcement reported that another record has been broken. They report that for the year ending in September, 396,906 people were deported. A little more than half of the people deported had felony or misdemeanor convictions. This represents an 89% increase over 2008. More than 1,000 of those were convicted of murder, 5,800 convicted of sex crimes and about 80,000 convicted of drug related crimes. Roughly 66% of those deported had recently crossed the border or had been caught crossing into the United States repeatedly. Part of the reason for the high number of deportations of criminals has been attributed to the increasing involvement of local law enforcement officials and the Department of Homeland Security who report illegal immigrants to federal officials who request that they remain in local custody until their cases are concluded and then pick them up and place them into deportation. What is concerning some people is that some of the people being deported only committed minor crimes. Questions are being raised about whether the increased deportation efforts are warranted because due to the economic slow down, the number of illegal immigrants entering the United States is at the lowest its been in 40 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.

Chicago Protests

2011-10-16T21:22:00.001-05:00

I drove by Grant Park tonight -no protesters to find. I spoke to a cop and she told me that the City expectsprotesters tomorrow. I have Court at26th Street in the morning and plan to join the protesters thereafter. I hope to inform as many people as I can oftheir civil rights, and further, represent those who have been or will likelybe arrested in the future and are unable to afford an attorney. I think it isimportant for the protesters to know that legal help is available by attorneyswho sympathize with the non-violent Chicago Occupy Movement. More arrests arelikely to follow as the movement gains momentum as more and more people feelthe pain of our "new" economy. I will keep you posted.

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 Double Jeopardy Case

2011-10-16T10:44:00.001-05:00

The United States Supreme Court has agreed to hear an especially interesting 5th Amendment Double Jeopardy case. Not especially interesting because of the legal issue, but especially interesting because of how clear the 5th Amendment violation was. Now the facts of the case are not very pleasant. Alex Blueford had been charged in Arkansas with the murder of his girlfriend's 19 month old child. Prosecutors alleged that Blueford hit the 19 month old so hard that his eyes bled and brain swelled so much that he died. Blueford admitted that he had struck the child with his elbow but only by accident after the child startled him from behind. He also admitted that he lied to hospital personnel because he was afraid that they would not believe him. After 4 1/2 hours of deliberations the jury sent a note to the judge that they were having trouble deciding on the capital murder charge. The jury went back into court and informed the judge that they had voted 12-0 for acquittal on the capital murder charge. They then informed the judge that they had voted 12-0 for acquittal on the first degree murder charge but were split on the misdemeanor manslaughter charge. The jury had not even discussed the fourth charge, negligent homicide, which was also a misdemeanor. So the jury had decided on not guilty on the murder charges but had not even considered the misdemeanor charges. Even if they had found Blueford guilty of the misdemeanor charges he would have been released from prison because he had already served enough time in jail to satisfy any possible jail sentence that could be imposed. Blueford's attorneys asked that the judge announce the verdicts on the murder charges but the judge refused, instructing the jury to go back and deliberate on the misdemeanor charges. When the jury informed the judge that they were deadlocked on the misdemeanor charges he declared a mistrial. Prosecutors immediately sought to retry Blueford for the murder and Blueford appealed to the Arkansas Supreme Court claiming that Blueford's 5th Amendment rights against Double Jeopardy were being violated. In a surprising decision, the Arkansas Supreme Court disagreed and found that the foreperson's statements in court that they had reached unanimous verdicts on the murder charges was not an actual verdict because they were not written down on paper and entered into the official court record. They further found that the mere reading of a jury's verdict in open court did not amount to an official verdict until the judge accepts it and enters the order.

It is clear from the facts of the case that the trial judge was not happy with the fact that this defendant was going to walk free on these serious charges and manipulated the law to avoid an ending that he was not happy with. Like it or not, Blueford had won his case and the trial court took his victory away from him. Many briefs have been filed by law professors and groups outraged that the Fifth Amendment was so clearly manipulated and violated in this case. The role of the judge is to apply the law and not make the law.

In reviewing news releases about this case I was struck at the different descriptions of the case in different news articles. One news article mentions that the jury foreperson made an "offhand remark" to the judge in open court that the jury had decided 12-0 for acquittal on the murder charges. But the fact is that nobody is disputing that the jury had voted 12-0 for acquittal, not even the prosecutors who are opposing Blueford's appeal. So whether this was an "offhand remark" in open court is irrelevant. It is undisputed that the jury had found Blueford not guilty of murder. Language used in a newspaper article to minimize the importance of the fact that he was found not guilty is clearly an attempt by certain media outlets to minimize the fact that he was found not guilty by a jury of his peers. It is clear that the court was searching for legal technicalities to avoid having the jury's verdict become final.

The case is Blueford v. Arkansas, 10-1320. We should have a decision late next year.

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 Medical Assn Calls For Legalization of Pot

2011-10-16T00:03:00.000-05:00

On Friday, the Trustees of the California Medical Association, which represents more than 35,000 physicians in the State of California, approved a resolution at their annual meeting calling for the legalization of marijuana. This is the first major medical association in the United States to call for the legalization of marijuana. By taking this position, the association is not saying that there are enough benefits to medical marijuana to justify that it be legalized. They actually state that there are few, if any, benefits to using medical marijuana. Rather, they argue that the consequences of criminalizing marijuana greatly outweigh the hazards. They believe that more research needs to be done to further determine if there are any benefits to medical marijuana and find themselves in a difficult position when they prescribe marijuana because they are violating federal law when they do so. They agree that there are some dangers to using marijuana but those dangers can be addressed by regulating them the way that alcohol and tobacco are regulated. In discussing the hazards of criminalizing marijuana, they point to the increased cost of prosecuting and imprisoning people, the damage this does to families and the racial inequalities that are present when defendants are sentenced.

Not everyone agrees with the California Medical Association including the federal government which considers marijuana to be has bad as any other drug. Recently, the Obama Administration turned down a request to reclassify marijuana under federal drug laws and has started cracking down on medical marijuana facilities in California including threatening to prosecute landlords who allow medical marijuana dispensaries to operate out of their properties. There is a slow but steady movement towards trying to legalize marijuana in California. However, last year California voters voted down Proposition 19 which would have legalized the cultivation and possession of small amounts of marijuana while Los Angeles has recently passed regulations affecting medical marijuana dispensaries ordering the closing of hundreds of them.

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

Quinn Grants 50 Pardons

2011-10-15T23:24:00.001-05:00

Illinois Governor Pat Quinn is continuing to work on the mountain of clemency petitions he inherited from former Illinois Governor Rod Blagojevich. When Quinn took office he inherited over 2,500 petitions that were sitting on his desk. Since he took office, Quinn has acted on 1,356 clemency petitions. He has granted clemency 517 times and granted 506 pardons while denying 839 requests. He has authorized 10 people who he granted pardons for to seek expungement of their records and granted one commutation. In addition, earlier this year the State of Illinois abolished the death penalty which resulted in him commuting the death sentences of 15 inmates sentenced to death to life in prison. On Friday, Quinn granted 50 pardons while denying 111. The cases that he acted on Friday were filed between 2003 and 2009.

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 Strip Search Case

2011-10-12T16:35:00.002-05:00

It is estimated that about 700,000 people are jailed every year for minor misdemeanor offenses. Albert Florence had been jailed twice over a six day period in New Jersey for an unpaid traffic fine. Both times he was strip searched. He argued that the strip search violated his constitutional privacy rights by subjecting him to unreasonable searches. During oral arguments before the Supreme Court today, the justices asked detailed questions about the intrusiveness of different kinds of searches such as a jail guard's visual inspection of a naked detainee, a body cavity search and making a detainee squat and cough. The also questioned how close a jail guard can get to a prisoner when they are required to change clothes and take a shower when they enter a jail. The attorneys for the jails and the Obama administration argued for an across-the-board rule that allows jail guards to strip search anyone who enters any jail for any reason. They cited the growing problem of drugs in jails to justify such a position. They also argued that jail guards must make quick decisions and cannot afford to be wrong. The attorney for Albert Florence argued that jail guards should have reasonable suspicion of wrongdoing before they could strip search an inmate.

The Supreme Court considered a strip search case in 1999 when they upheld the strip search of prisoners after they had contacts with prisoners.

The case is Florence v. Board of Chosen Freeholders of the County of Burlington, No. 10-945. A decision is expected by early next year.

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 Use of Electronic Monitoring Surges

2011-10-06T08:55:00.000-05:00

Cook County officials are reporting that the use of electronic monitoring at Cook County Jail is increasing. I want to take this opportunity to discuss how the electronic monitoring program works at Cook County Jail because I frequently receive phone calls from clients and it has become obvious that there's a general misunderstanding of how it works. Generally, electronic monitoring is an alternative to confining a defendant in Cook County Jail while their cases is pending in court. First, electronic monitoring only applies to defendants charged with non-violent offenses. In order to be eligible for electronic monitoring, a judge has to determine that a particular defendant is eligible to be placed on electronic monitoring. This is usually done at the bond hearing when the attorney for the defendant asks a judge to make that determination. The judge will sometimes make this determination in lieu of a bond or as part of a bond or an alternative if bond is not posted. The ultimate decision about whether a defendant can be placed on electronic monitoring is made by the Sheriff's office. If the jail is overcrowded, the Sheriff starts placing inmates on electronic monitoring to ease overcrowding. A bracelet outfitted with a GPS device is placed on the defendant's ankle. If a defendant strays from their home, or the designated boundaries of their confinement, an alarm is triggered and an investigator is sent to go arrest the defendant.

Cook County officials are starting to realize that its much cheaper to place defendants on electronic monitoring than it costs to keep them confined in Cook County Jail. As a result, they are taking a more pro-active approach in trying to put more people on electronic monitoring. The daily cost for keeping someone locked up in Cook County Jail is $142.60 while the daily cost for keeping someone on electronic monitoring is $64.74. Cook County Jail has a maximum capacity of 9,300 prisoners. As of yesterday the number of prisoners in Cook County Jail was 9,100 prisoners. The President of the Cook County Board is noticing the economic benefits placing more defendants on electronic monitoring and has asked that the Public Defenders ask that judges allow defendants to be placed on electronic monitoring. In 2010 the daily average number of defendants on electronic monitoring was 395. As of September 27 of this year, 829 people were on electronic monitoring. These numbers are expected to go higher as Cook County officials are looking to use electronic monitoring more and more as they attempt to shave costs and save valuable dollars.

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.

Forbes Most Dangerous Cities

2011-10-05T15:09:00.000-05:00

Forbes Magazine has released their list of the country's most dangerous cities. In order to qualify, a city has to meet some basic criteria. The city must have a population greater than 200,000. The statistics are compiled by looking at the number of violent crimes per 100,000 citizens. Violent crimes is defined as murder, voluntary manslaughter, forcible rape, armed robbery and aggravated assault. The top five cities are set forth as follows:

1. Detroit, Michigan - First place with 345 murders and 1,111 violent crimes per 100,000 citizens.

2. Memphis, Tennessee - The poorest large city in the United States.

3. Springfield, Illinois - Springfield just barely qualified to be included in this survey because they only have a population of 206,601. The high crime rate is associated with the fact that 44% of Springfield's population is under the age of 44. Crime is associated with the youth.

4. Flint, Michigan - High unemployment for a long period of time.

5. Anchorage, Alaska - Anchorage has been hit by a big methamphetamine problem. Plus, there is a high rate of forcible rapes.

Rounding out the top ten is Lubbock, Texas at number 6, Stockton, California at number 7, Tallahassee, Florida at number 8, Las Vegas, Nevada at number 9, and Rockford, Illinois at number 10.

Other than Michigan, Illinois is the only other state with the distinction of having 2 of its cities on the top 10 list of the country's most dangerous cities.

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 Missed Deadline Capital Case

2011-10-05T08:14:00.000-05:00

In 1995, Cory Maples shot and killed two friends in an Alabama bar after a night of drinking and doing drugs. He was convicted of murder and sentenced to death. Maples wanted to appeal the death sentence because his attorneys failed to argue that he was impaired at the time of the murders so as to avoid the death penalty. His initial appeal was denied and the court clerk sent his attorneys notice that under local court rules that they had 42 days to file an appeal. The two young attorneys that were handling his appeal had left the law firm and the notice was returned to the Clerk of the Court marked "Return to Sender - Left Firm." The 42 day deadline to file the appeal expired and Alabama prosecutors took a hard line and fought Maples' efforts to pursue his appeal claiming that the time to file an appeal had expired and his case was over. The United States Court of Appeals in Alabama agreed and barred Maples from pursuing his appeal. Yesterday, the United States Supreme Court took up Maples appeal. The issue is whether a defendant sentenced to death can pursue his appeal even though he missed court filing deadlines?

According to published reports, during oral arguments, the majority of judges seemed sympathetic to Maples. Only one justice, Antonin Scalia, seemed to be siding with the prosecutors. Scalia seemed to believe that since Maples had a local lawyer, he had ample opportunity to be informed of his appellate rights. But the Chief Justice pointed out that the local lawyer did nothing on the case and only seemed to have his name on the case. Even Samuel Alito, another very conservative justice, seemed to indicate that Alabama prosecutors were wrong to oppose Maples' attempts to pursue his appeal.

The case is Maples v. Thomas, 10-63.

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 To Hear Potentially Landmark Gun Control Case

2011-10-04T10:39:00.000-05:00

Yesterday, the United States Supreme Court refused to hear the appeal of a potentially landmark Second Amendment case that gun control advocates and opponents had been watching closely. The case is Williams v. Maryland. In the Williams case, police noticed Charles Wiliams rummaging through his backpack at a bus stop. The officer drove past Williams and noticed that he placed something in a bush next to the bus stop. The police officer recovered a gun and arrested Charles Williams. He was convicted on the gun charge and ended up serving one year in state prison. Williams appealed his conviction claiming that Maryland's gun laws were too restrictive because he was not doing anything illegal and was merely transporting the gun from his home to his girlfriend's home when he was stopped by the police and arrested. The Maryland Supreme Court upheld the constitutionality of Maryland's gun law noting that the United States Supreme Court's previous decisions established a right to possess a firearm inside the home, not outside of the home. Williams argued that the Supreme Court had established a right to possess a firearm for lawful purposes, including outside of the home.

The Supreme Court's decision to deny review of the case suggests that previous Supreme Court precedent establishing the right to own a firearm is limited to owing a firearm inside one's home. The Supreme Court is waiting for brief's on one more Second Amendment case that may be reviewed this term and there are other gun cases working their way up to the Supreme Court.

The case is Williams v. Maryland, 10-1207.

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.

Sheriff Sting Nabs 100 Fugitives

2011-10-04T10:10:00.000-05:00

The Cook County Sheriff nabbed 100 wanted fugitives in an interesting hoax that lured them to a warehouse where Sheriff's deputies were waiting. Details of the operation will be revealed in a press conference scheduled for today but it appears as if the Sheriff's office set up a fake company called "C.W. Marketing." C.W. Marketing stands for Central Warrants, the office in charge of handling the operation. Officers mailed bogus offers for free electronics devices to the last known addresses of wanted fugitives. When the wanted fugitives showed up at the warehouse to claim their free items, they were arrested.

This operation is similar to other operations carried out throughout the United States that have been used to nab wanted fugitives.

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 To Analyze Shootings In 2 High Crime Neighborhoods

2011-09-28T18:07:00.000-05:00

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

2011-09-28T17:20:00.003-05:00

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

2011-09-26T12:35:00.001-05:00

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

2011-09-26T09:20:00.000-05:00

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.

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

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

2011-09-21T20:48:00.000-05:00

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

2011-09-20T21:31:00.000-05:00

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

2011-09-08T16:10:00.001-05:00

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

2011-09-08T15:46:00.002-05:00

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

2011-09-08T07:49:00.000-05:00

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

2011-09-07T15:59:00.000-05:00

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.

Illinois Death Row Shut Down

2011-07-01T09:07:00.001-05:00

With the passing of the calendar, Illinois's Death Row has officially died itself. In March, Illinois Governor Pat Quinn signed a law which ended the Death Penalty in Illinois. Today was the day that Death Row was set to be shut down. In 2000, then Illinois Governor, George Ryan, put a moratorium on the Death Penalty. Three years later, he cleared Death Row when he commuted the death sentences of 167 inmates convicted of murder and sentenced to death to life. However, prosecutors throughout the state continued to seek the death penalty hoping that Ryan's moratorium would be lifted. It never was. In March of this year, Governor Quinn signed a law which abolished the Death Penalty in Illinois. The last time Illinois carried out the Death Penalty was in 1999. A total of 12 men were put to death in Illinois since 1997.

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 Drops Nationwide Except In 3 Illinois Towns

2011-05-25T10:44:00.000-05:00

Three major Illinois cities are the exception to the national trend of dropping crime rates. Nationwide, there was a drop of 5.5 percent drop in the number of violent crimes according to figures released by the FBI. The nationwide drop in property crimes was 2.8 percent. Violent crime in Chicago dropped 11 percent from 2009 to 2010. Property crimes dropped by less than one percent. However, Rockford, Joliet and Elgin all reported significant increases in violent crimes and increases in property crimes. Rockford had a 10 percent increase in violent crimes, Joliet 9 percent and Elgin 8 percent. Rockford had the highest rate of violent crime per capita, with 14 violent crimes occurring for every 1,000 residents. And for every thousand residents, Rockford had 50 property crimes. Chicago had 42 property crimes per 1,000 residents. And even in Chicago, even though violent crimes dropped by 11 percent, there were still 10 violent crimes for every 1,000 residents. And the number of burglaries, robberies and thefts remained the same in Chicago even though the number of auto thefts increased by 23 percent. The biggest decline in violent crimes was in Aurora which reported a drop of 15 percent, with only 3 violent crimes per 1,000 residents. Violent crimes include murder, robbery and assault. The FBI did not report these figures for most Illinois cities in 2009 and 2010 because most Illinois towns failed to meet the FBI's reporting standards.

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.

Illinois Withdraws From Federal Immigration Programs

2011-05-13T16:01:00.001-05:00

Last week, Illinois Governor Pat Quinn sent a letter to the Department of Homeland Security informing them that the State of Illinois is formally withdrawing from the Secure Communities program, a federal deportation program that seeks to deport hardened criminals but is also used to deport illegal immigrants arrested for misdemeanor crimes. Governor Quinn pointed out that nearly one third of illegal immigrants deported in Illinois were never convicted of any crime. Quinn originally had stopped the state of Illinois from participating in the program since November because he was concerned about its effectiveness. He had asked that the Department of Homeland Security provide proof that the program can be implemented effectively and sent the letter withdrawing after he said he was not satisfied that the flaws could be fixed. At the same time, the Illinois Senate passed a local DREAM Act bill that would provide for privately funded scholarships and other financial assistance to students who were brought to the United States illegally. A federal DREAM Act failed to pass in Congress. The state measure now needs to be passed by the House of Representatives and be signed into law by Governor Quinn. Governor Quinn has indicated that he would support such a 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.

Chicago Crime Rate Continues to Drop

2011-05-13T15:32:00.000-05:00

Chicago's crime rate continued to decline in April. This decline marks the 28th consecutive monthly decline, according to the Chicago Police Department. Last year's murder rate was the lowest in Chicago since 1965. The current figures released by the Chicago Police Department indicate that the murder rate in 2011 may be even lower than last year. There have been 17 fewer murders so far this year than during the same period of time in 2010. This represents a decline of 14.2 percent from 2010. In addition, Aggravated Batteries were down 17.8 percent, Aggravated Assaults declined by about the same percentage and Robberies and Sexual Assaults also decreased sharply. All property crimes were lower, except for vehicle thefts which actually increased by 20 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.

Supreme Court Rules Against Man Wrongly Jailed For 18 Years

2011-03-31T21:36:00.001-05:00

On Tuesday, the United States Supreme Court ruled against a man who had won a $14 jury verdict against New Orleans prosecutors after he spent 14 years on Death Row for a murder that he was convicted of after prosecutors failed to disclose evidence that proved his innocence. John Thompson was convicted of murder and sentenced to death. Prosecutors first tried him for an armed robbery as a way to keep Thompson from taking the stand in his murder case and then to use the armed robbery conviction as a way of having the death penalty imposed. After he was sentenced to death, a private investigator working for Thompson's attorneys discovered that a blood test conducted in the armed robbery case showed that Thompson did not commit the armed robbery. The prosecutors admitted that they had intentionally withheld that blood evidence from Thompson's attorneys. As a result, the armed robbery was dismissed and he was granted a new trial on the murder case. New evidence emerged at the murder trial and he was found not guilty of the murder. Thompson sued the district attorney's office and a jury awarded him $14 million. Thompson spent a total of 18 years in prison, 14 of them on death row. The Supreme Court overturned the jury verdict and upheld the general immunity that prosecutors have from civil liability. The decision came down along partisan idealogical lines with the 5 conservative justices winning out. Apparently, the justices found that a prosecutor cannot be sued for not ensuring that those who work for him were properly trained and followed the law.

The case is Connick v. Thompson.

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 Miranda Case Involving Juveniles

2011-03-31T21:09:00.000-05:00

Last week, the United States Supreme Court heard oral arguments on a Miranda case that could have sweeping implications for young suspects who are interrogated by the police. The question presented is whether children, by their very nature, are more likely than an adult to feel restrained when being interrogated and should therefore be more likely to be given their Miranda warnings. The case involves a 13 year old child who was suspected of some residential burglaries in Chapel Hill North Carolina. A juvenile police detective went to the child's school, pulled the child out of his class and questioned him a a school conference room in the presence of four adults. The door to the conference room was closed, but not locked, and the juvenile was never read his Miranda rights. He ended up confessing to the burglaries and was later charged with the crimes. Under current law, suspects have to be read their Miranda rights if they are in custody. Whether someone is in custody is determined by looking at whether a "reasonable person" would feel free to leave. The Plaintiffs in this case are asking that the juveniles age be taken into consideration when determining whether Miranda rights should be read to them.

A decision on this case is expected to be released later this year.

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 Death Penalty Case Involving Missed Deadline

2011-03-31T20:45:00.000-05:00

On Monday the United States Supreme Court agreed to hear the appeal of a man who is sitting on death row in Alabama. Cory Maples was convicted of murder and sentenced to death. He believes that his attorneys made a mistake at his trial which resulted in his conviction for murder. Maples appealed his conviction claiming ineffective assistance of counsel. However, his lawyers failed to file an appeal of that decision within the 42 day deadline. As a result, the Alabama courts refused to hear the appeal from Maples. The 11th U.S. Circuit Court of Appeals also said that since his lawyers missed the 42 day deadline, Maples cannot appeal his conviction and cannot stop his execution.

The United States Supreme Court is expected to hear oral arguments later this year.

The case is Maples v. Thomas, 10-63.

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

New Body Scanners For Cook County Jail

2011-03-21T10:35:00.001-05:00

Last week, Cook County Sheriff Tom Dart announced that Cook County Jail will be the first correctional facility in the United States to use the RadPRO SecurPASS scanning machines. Cook County has purchased 4 of these machines at a cost of $940,500. The machines are currently located in the jail's two maximum-security buildings and in both the men's and women's receiving rooms where inmates are first processed when they are brought to the jail. Currently, the jail uses the L-3 detectors that are used at airports. The new devices allows officers to better detect contraband smuggled in through body cavities. If will be especially helpful in detecting drugs being smuggled into the jail. This new technology will make the need to conduct strip searches less likely. This is important because in 2006 a class action lawsuit was filed concerning strip searches in the jail. In November of 2010, that lawsuit was settled for $55.3 million. Roughly 250,000 people were compensated in the class action lawsuit. In 2008 a court ruled that the jail's policy of conducting strip searches of inmates who were being released as being improper and unconstitutional. Dart stated that strip searches will still be conducted when officers feel they have probable cause to proceed with such searches.

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 Further Erodes Federal Sentencing Guidelines

2011-03-14T20:40:00.000-05:00

The Supreme Court has given federal judges more leeway to depart from the Federal Sentencing Guidelines to provide a real second chance to defendants who appear in front of them. In 2004, Jason Pepper was sentenced to two years in prison and 5 years of supervised release for selling drugs. At the time he was a 25 year old drug addict who was unemployed and estranged from his family. His original sentence was 75 percent below the lightest sentence that he could have received according to the Federal Sentencing Guidelines. The original sentencing judge took note of Pepper's cooperation with authorities when he sentenced him. The government appealed the sentence and the U.S. Court of Appeals for the 8th Circuit said that his original sentence was too lenient and returned his case to the trial court for re-sentencing. By the time of his second re-sentencing, Peppers had been released from prison, had been drug free for five years, attending college and gotten good grades, was a top employee at Sam's Club, had re-established a relationship with his father, was married and living with and supporting her daughter. In spite of all the good things he had accomplished, Pepper was sentenced to an additional three years and sent back to prison. The Court of Appeals found that according to the Federal Sentencing Guidelines, the remarkable progress that Peppers had made after he had been released from prison could not be considered in his re-sentencing. The Supreme Court took Pepper's case and held that when a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentence and that evidence may in appropriate cases, support a downward variance from the sentencing guidelines. The court held that the most important thing that the court must do at sentencing is consider all available evidence to determine what punishment is best. Now Pepper waits to be re-sentenced again. He only had eight months when the Supreme Court got involved in his case but his marriage has fallen apart and he's about to start a new job.

The case is Pepper v. United States,09-6822.

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 Down But Some Numbers Troubling

2011-03-11T16:39:00.001-06:00

The good news is that the Chicago Police announced that the overall crime rate dropped in the first two months of 2011 compared to the first two months of 2010. The number of robberies, aggravated assaults, batteries, thefts and arsons all decreased. However, the murder rate increased by 18 percent, car thefts increased by 20 percent, after increasing 23 percent last year, and the number of rapes increased by 4 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 12-800-228-7295.

BREAKING NEWS: REPORTS THAT QUINN WILL SIGN BILL ABOLISHING DEATH PENALTY IN ILLINOIS TOMORROW

2011-03-08T22:03:00.000-06:00

The Associated Press is reporting that the legislative sponsors of a bill that seeks to abolish the death penalty in Illinois have been invited to a signing ceremony at the offices of Illinois Governor Pat Quinn tomorrow. They have been told that Governor Quinn will be signing into law a bill that will abolish the death penalty in Illinois. The new law would take effect on July 1. Illinois would join 15 other states and the District of Columbia without the death penalty.

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 Rules In Favor Of Inmate In DNA Case

2011-03-08T11:05:00.001-06:00

The United States Supreme Court ruled in favor of an inmate convicted of the murder of his girlfriend and 2 adult sons and sentenced to death who is seeking to have a DNA test performed on crime-scene evidence. We originally reported on this case on May 24, 2010. We reported that the Supreme Court had agreed to hear this case. Within three hours after the bodies of Skinner's girlfriend and 2 adult sons were discovered by the police, Skinner was found hiding in the closet of a woman he knew. The blood of at least one victim was found on Skinner and the police had tracked the trail of blood from the crime scene to the closet in which Skinner was found. However, additional evidence found at the crime scene was not tested because his attorney feared that those test results could make the murder case against Skinner stronger. Skinner was eventually convicted of the murders and now argues that DNA tests on this other crime-scene evidence would exonerate him. He admits being in the home at the time of the murders but insists that he could not have committed the murders because he was passed out from a mix of vodka and codeine. His attorneys now point to a deceased uncle of his girlfriend as the possible murderer. After Skinner was convicted of the murders he tried to invoke a Texas law which allows inmates to request DNA testing after their conviction. Texas refused to grant him the DNA testing so he filed a lawsuit in Federal Court invoking 42 U.S.C. 1983, the so called Section 1983 to request a DNA test. The court refused to rule on the merits of Skinner's claim but opened the door to allow Skinner to make the claim in court. His case now returns to the trial court to determine whether he will be allowed access to the DNA testing. Analysts see this is a narrow procedural ruling which opens the door to inmates seeking DNA testing after they are convicted.

The case is Skinner v. Seitzer, 09-9000.

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.

FBI Sting Leads To 678 Arrests Across The Nation

2011-03-07T18:47:00.001-06:00

A three month investigation lead by Immigration and Customs Enforcement (ICE) has lead to the arrests of 678 people with alleged ties to the Mexican drug cartels. 322 of the people arrested had violent criminal histories. The operation targeted foreign nationals from international gangs that deal with identity theft, fraud, weapons trafficking and drug dealing. ICE claims that members of these international gangs have committed robberies, murders, assaults and rapes. 164 people were arrested for non drug related violations and immigration violations. Law enforcement officials seized 86 guns, eight pounds of methamphetamine, 30 pounds of marijuana, one pound of cocaine, $70,000 in cash and two vehicles. The operation involved at least 173 law enforcement agencies.

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.

UPDATE: Student Sues FBI For Tracking Device

2011-03-07T18:02:00.000-06:00

On October 11, 1010, we reported about the interesting case involving Yasir Afifi. A mechanic changing the oil in his car found a device stuck with magnets between his rear wheel and exhaust. Afifi and the mechanic did not know what this device was so he took photographs of the device and posted them on the internet hoping someone would identify what the device was. Two days later, agents wearing bullet proof vests pulled him over as he was leaving his apartment, and demanded that he return their property. It turns out that the FBI had placed a GPS tracking device on his vehicle. Afifi is now suing the FBI claiming that his civil rights were violated when the FBI placed a GPS tracking device on his vehicle without a warrant. Afifi travels frequently to the Middle East. has brothers who live in Egypt, and his father was a well known Arab community activist before he died last year. U.S. courts are split over whether the FBI needs a warrant to put a GPS tracking device on someone's vehicle without a warrant. Afifi's lawyers claim that one of the reasons for filing the lawsuit is to have the question of whether something like this can happen without a warrant can finally be resolved once and for all.

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.

Man Serves 17 Years For Rape Is Exonerated

2011-03-07T17:35:00.000-06:00

George Rodriguez was convicted of rape in 1987 after a Texas jury found him guilty. In 2004, a Texas appeals court ordered that he be released after they found that the scientific evidence that was used at his trial was faulty. The prosecutor declined to retry Rodriguez claiming that they did not want the victim to be put through the ordeal of having to testify again. The prosecutor's office dismissed the charges against Rodriguez and he petitioned the governor's office for a pardon. Texas prosecutors objected to Rodriguez's request for a pardon and Rodriguez demanded that a DNA test of the evidence be conducted. In 2009 a new prosecutor took office and she agreed to conduct the new DNA test. Last month the DNA results came back and conclusively cleared Rodriguez of any involvement in the rape. In response, the prosecutor's office has asked that a judge formally find Rodriguez not guilty of the rape. Rodriguez served 17 years in prison for a rape he did not commit. There's another case involving the same prosecutor in which a man who is currently serving 60 years for a rape requested a DNA test which has linked another individual, who had long been considered an alternate suspect to the rape. The alternate suspect is now deceased.

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 Creates New Exception To Hearsay Rule

2011-02-28T13:27:00.000-06:00

Today, the United States Supreme Court ruled in a Michigan case and created a entirely new exception to the hearsay rule. The 6th Amendment to the United States Constitution provides that a defendant has a right to confront the witnesses that will testify against him. But in today's case, the Supreme Court announced that when the police are investigating an "ongoing emergency" they can ask a victim or a witness about what happened and use the statements they make in court against a defendant. The case began when Detroit police went to a parking lot in response to a call that someone had been shot. Anthony Covington told the police that he had been shot by "Rick" and told them where "Rick" lived. Covington was taken to the hospital and later died. The police went to Richard Bryant's home and found blood on the back porch of Bryant's home. They also discovered that Bryant had previously been convicted of murder. Bryant was convicted of Covington's murder after Covington's statement was used at the trial. The Michigan Supreme Court overturned the conviction holding that Covington's statement was hearsay and should not have been used at Bryant's trial. The United States Supreme Court overturned the Michigan Supreme Court and held that where the primary purpose of the police is to deal with an "ongoing emergency" as opposed to an investigation, statements made during the event can be used against the defendant. Justice Scalia issued a scathing dissent in which he criticized the majority for "leaving the Constitution in shambles. The only other judge dissenting was Ruth Bader Ginsburg.

The case is Michigan v. Bryant, 09-150.

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 Considering Important 10th Amendment Case

2011-02-23T18:14:00.003-06:00

The United States Supreme Court heard oral arguments on a 10th Amendment case that is being carefully watched by tea-party activists and conservatives. The question before the court is whether an individual can bring a legal challenge based on the 10th Amendment to the Constitution. The 10th Amendment provides that states or "the people" retain powers the Constitution neither delegates to the federal government nor prohibits state governments from exercising. Carol Anne Bond suffered an emotional breakdown after she found out that her best friend, Myrlinda Hayes, was carrying a baby fathered by her husband. Bond, a microbiologist, repeatedly tried to poison Hayes with a mixture of chemicals. Hayes was unable to get local authorities involved since her injuries were minor. Hayes was able to pursuade federal law enforcement officials to investigate and they eventually charged Bond with violating the domestic enforcement statutes of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, an international treaty signed by the United States in 1997. Bond was sentenced under the statute to six years in prison, five years of supervised probation, $2,000 in fines and $10,000 in restitution. Under Pennslvania law, Bond's punishment would have lasted between 3 to 25 months. Bond appealed claiming that Congress lacked the authority to punish her for the chemical assaults. The Third U.S. Circuit Court of Appeals in Philadelphia ruled that Bond lacked standing to raise the claim and that only state officials had the right to raise this claim. Bond appealed to the United States Supreme Court and the Justice Department refused to enforce the Third District Court's opinion that only the state officials had standing to raise 10th Amendment issues. Both the Justice Department and Bond's attorneys agree that individual's should have the right to raise 10th Amendment issues. They differ on how broadly this right should be applied. In order to defend the Third Circuit Court's opinion, the Supreme Court

appointed an independent attorney to advocate the position set forth in the Third Circuit Court's opinion. But the questions raised by the Justices during yesterday's oral arguments suggest that the court will be ruling that individuals have the right to raise 10th Amendment issues. It will be interesting to see how far the court will to with their decision and what the practical effects of the decision will have defendants facing federal criminal charges.

A decision is expected this summer.

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 Rules Inmate Blew Time For Appeal

2011-02-23T12:24:00.000-06:00

The United States Supreme Court ruled that a man convicted of murder waited to long to appeal to the federal courts. Charles W. Martin was convicted of robbery and murder in 1995 and sentenced to life in prison. He appealed his conviction to state court and was denied. In 2001 he appealed to the federal court. The federal court turned his appeal back to the state court because he was trying to raise new arguments. The lower courts denied his appeals because he had waited too long to bring up these new arguments. However, the 9th U.S. Circuit Court of Appeals overturned those decision and the matter was taken up by the United States Supreme Court. Today, the Supreme Court overturned the 9th Circuit Court of Appeals and rejected Martin's attempt to raise these new arguments on appeal.

The case is Walker v. Martin, 09-996.

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 Rejects Appeal Over Non-Unanimous Jury Verdict

2011-02-23T11:44:00.000-06:00

Today, the United States Supreme Court rejected an appeal by a man convicted of attempted murder on a jury vote of 10 to 2. Only two states, Oregon and Louisiana, allow defendants to be convicted of some crimes despite some jurors disagreeing with the majority. More than 80 defendants have been convicted in the past five years, including at least 24 in the past 16 months by non-unanimous juries in these two states. Troy Barbour shot Donald Baker five times with a stolen gun. Barbour claimed he acted in self defense and Baker claimed that Barbour shot him for no reason. Barbour was eventually convicted of attempted second-degree murder after 10 jurors voted to convict and two jurors voted to acquit. This decision establishes that the states can adopt their own rules and are not compelled to require unanimous jury verdicts. But even in Oregon and Louisiana, to be convicted of first-degree murder, which could bring the death penalty, requires a unanimous verdict.

The case is Barbour v. Louisiana, 10-689.

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

Colorado Struggles Over Driving While High

2011-02-23T11:03:00.003-06:00

The Colorado state Legislature is considering whether to adopt a blood-content threshold for marijuana that would be considered too impaired to drive. There is currently a proposal before legislators that would make Colorado, a state that has legalized the use of medical marijuana, one of three states to adopt such a statute. Under the proposal, drivers who test positive for 5 nanograms of THC, the psychoactive ingredient in marijuana, would be considered too impaired to drive. Currently, twelve states have a zero tolerance for the presence of any illegal substance, including Illinois. Minnesota has the same policy but specifically excludes marijuana. Nevada and Ohio have a 2 nanogram THC limit and Pennsylvania has a 5 nanogram limit, but that is only a state Health Department guideline which the prosecution can use as evidence in a driving violation case. Even the Colorado proposal is a rebuttable presumption. Driver's will not be automatically guilty but will be allowed to argue their case. It is hard to determine what it would take to reach the 5 nanogram threshold but it seems like you would have to smoke some very potent marijuana and be immediately stopped and tested to reach this level. Some medical marijuana advocates are opposed to the proposal because they point out that medical users of marijuana may have higher tolerance levels that most people which would make more likely to have high levels of THC long after they have smoked the drug. Many medical marijuana users may have higher levels of THC in their bloodstream because of their continued use of medical marijuana. This would also support the argument that the proposed levels are too low for long term medical marijuana users.

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.

Clerk of Court Announces Layoffs

2011-02-15T09:32:00.000-06:00

The Clerk of the Circuit Court of Cook County has announced that she will be laying off 170 employees. This is all part of budget cuts expected to be approved by Cook County officials to try to cut into a $500 million Cook County budget deficit. The Clerk of the Circuit Court is the official record keeper for all court records and files. The Clerk's Office is a very important part of the court system. No details were revealed about when and where the layoffs would be happening. The Clerk's Office has been asked to cut their budget by 16 percent. This means that the clerk's office would have to cut $12.4 from its budget this year. The final budget for Cook County is expected to be approved on February 28.

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

New Round of Layoffs Coming to Cook County States Attorneys Office

2011-02-12T17:53:00.000-06:00

This week, Cook County States Attorney Anita Alvarez announced that her office would be laying off 101 administrative employees. This was done in anticipation of a 10 percent cut to the offices budget that is expected to happen later this month. The previous week, Alvarez had to layoff 7 court reporters for the same reason. That brings the total number of layoffs to 108. The new round of layoffs will include secretaries, clerks, victim-assistance workers and community outreach workers. The layoffs will be based on seniority and affect all of the suburban courthouses. The states attorneys budget for 2010 was $131 million dollars. A total of 1,600 people are employed by the Cook County States 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.

Blizzard Impacts Red Light Tickets in Libertyville

2011-02-12T09:26:00.000-06:00

The Village of Libertyville has refused to issue three red light ticket violations because of the treacherous road conditions caused by last week's historic blizzard. A Libertyville police officer reviewed red light violations occurring after 3 p.m. on February 1 to 3 p.m. on February 2. The officer reviewed four violations and decided to not issue violations for three of the instances. The officer took into account the weather conditions, visibility, road conditions and speed and decided not to issue the violations. The fourth violation was issued after the officer determined that none of the above factors contributed to the violation.

A big thumbs-up to Libertyville for doing the right thing.

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.

Lawsuit Filed Challenging Warrantless Search of Laptops At Border

2011-02-11T17:48:00.002-06:00

A lawsuit has been filed in the Federal District Court in the Eastern District of New York that is challenging a Department of Homeland Security policy which allows border agents to search the laptop computers of people seeking to cross the border without any probable cause. This lawsuit alleges that the policy violates the constitution by infringing on right to privacy and free speech. After the terrorist attacks on September 11, 2001, the Bush Administration took on a very expansive definition of what was permissible at border crossings to stop suspected terrorists from entering the country. In August of 2009, the Obama Administration affirmed the policy started by the Bush Administration. The broad authority given to border agents allows them to review information stored in a traveler's laptop, cellphone or other electronic device even if the traveler is not suspected of any criminal activity. The Plaintiffs are the National Association of Criminal Defense Lawyers, the National Press Photographers Association, and Pascal Abidor, a 26 year old doctoral student with dual U.S. and French citizenship who was on a train from Montreal to New York when his laptop was searched and confiscated by border agents. Abidor is studying Muslim studies at Montreal's McGill University. Abidor frequently travels all over the world as part of his studies. At an inspection point at the border of Quebec and New York he was asked to turn on his laptop and enter his password. They saw photographs he had downloaded from the internet involving rallies by Hamas and Hezbollah and was asked why he had this stuff on his computer. He was handcuffed and detained for three hours. His laptop was returned to him 11 days later. In exploring his computer he was able to determine that agents had looked through personal photographs and personal emails between him and his girlfriend. In addition, they had searched an external hard drive which he had used to backup his files. According to the lawsuit, 6,671 travelers with laptops were searched between October of 2008 to June of 2010. 45% of those were of U.S. citizens. What is most disturbing about this policy is that agents are allowed to share the information found on the computers with other government agencies. This was done 282 times from July of 2008 to July of 2009.

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.

Steady Decrease In City Crime Rate Continues

2011-02-09T17:51:00.001-06:00

The overall crime rate in the City of Chicago dropped for the 25th consecutive month. Compared to January of 2010 the overall crime rate decreased by 10.6%. In 2010, the city had the fewest number of murders since 1965. However, the number of murders in January of 2011 were more than in January of 2010. In January of 2010 there were 22 murders and in January of 2011 there were 28 murders. Every other category of violent crime decreased by double digits. Ciminal Sexual Assaults decreased 13 percent, Aggravated Assaults dropped 11.3%, Aggravated Batteries dropped 10.1%, and Robberies dropped 10.4%. Every category of property crimes, except car thefts, also had a substantial drop. Car thefts were actually up by 21.8%. General theft dropped 20.7%, Burglary dropped 6% and Arsons dropped 4.7%.

Chicago Police Superintendent, Jody Weis indicated that police will continue to focus and guns and gangs saying that the majority violent crimes are caused by illegal guns.

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.

Aurora Expanding Use Of Red Light Cameras

2011-02-09T17:33:00.000-06:00

Aurora is increasing its use of red light cameras. By the end of January, Aurora had completed installation of its fifth set of red light cameras. Cameras have been installed at the intersection of Ogden Avenue and Eola Avenue. Starting January 15, the owners of cars that were caught on camera committing red light violations started receiving $100 tickets. Aurora first has the photographs reviewed by a police officer who determines whether the violation will be mailed out. The ticket is mailed to the owner of the vehicle and they will be given 30 days to pay the fine or contest the ticket by requesting an administrative hearing. Red light cameras are also installed at the intersections of New York Street and Farnsworth Avenue, New York and Commons Drive, Farnsworth and Molitor Road and New York and Eola Road. In 2010, Aurora issued 7,193 red light camera tickets. Accidents are down at these intersections but the city plans to do another intense study this year to study the effect that red light cameras have had at the intersections where they have been 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.

California High Court Ruling Creates Possible Supreme Court Review

2011-02-09T17:21:00.000-06:00

The California Supreme Court has ruled that a police officer can look through the cell phone of someone that has been lawfully placed under arrest. A Ventura County deputy conducted a warrantless search of the text messages of a man he had arrested for participating in a drug deal. In a 5 to 2 ruling the California Supreme Court ruled that the police can search through items found on individuals that are arrested. The ruling has the effect of extending the loss of privacy upon arrest beyond a persons body to include their personal property. Gregory Diaz was arrested in 2007. The detective that arrested him took Diaz's phone out of his pocket when he was arrested. About 90 minutes after he was arrested, a deputy searched through Diaz's text messages and discovered evidence that Diaz was involved in the drug deal. Diaz eventually pleaded guilty to the drug charges and was sentenced to probation. However, in 2007, a Federal District Court Judge ruled that police need to have a search warrant in order to search through the text messages on a cell phone and the Ohio Supreme Court also ruled that police need a search warrant to look through the text messages on a cell phone. The split opinions may cause the United States Supreme Court to weigh in on the issue and and issue a ruling. We will keep an eye out on whether this case makes it to the Supreme Court.

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

Oregon Medical Marijuana Gun Permit Case Goes To High Court

2011-02-02T17:33:00.000-06:00

The Oregon Supreme Court has agreed to hear the case of a medical marijuana patient who has been denied the right to a concealed handgun permit. Cynthia Willis is a medical marijuana patient. In 2008, Cynthia applied for a permit to carry a concealed firearm. Jackson County Sheriff Mike Winters denied Cynthia her permit by claiming that granting her a permit would violate federal laws prohibiting drug users from possessing firearms. The Jackson County Circuit Court and the Oregon Court of Appeals ruled against Sheriff Winters. The American Civil Liberties Union and Oregon Attorney General John Kroger have joined Cynthia in her fight against Sheriff Winters.

Oral arguments are scheduled to be heard on March 3, 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.

Supreme Court Rules Attorney Strategy On Murder Case Good Enough

2011-02-02T17:12:00.000-06:00

The United States Supreme Court has ruled against a defendant who claimed that his attorney's failure to pursue a forensic examination of a pool of blood at the crime scene was ineffective assistance of counsel. Joshua Richter was convicted of murder after shooting the victim in a robbery at the victim's house. At no time did Richter's attorney ask for a forensic test of blood on the floor of the victim's house. Richter claimed that a forensic test of the blood may have proven that the victim was killed in a crossfire and not shot as he slept on the couch. The 9th Circuit Court of Appeals found that the attorney should have done tests on the blood instead of simply depending on the testimony of an expert witness at trial. In a unanimous opinion, the Supreme Court overturned the 9th Circuit Court of Appeals and found that the lawyer was not incompetent for using a strategy that did not include blood evidence.

The case is Harrington v. Richter, 09-587.

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 Rules Against Murder Defendant Claims Against Attorney

2011-02-02T16:57:00.000-06:00

The United States Supreme Court has ruled against a man who claimed that his attorney should have tried to suppress his murder confession. Randy Moore pleaded no contest to murder charges that involved a 1995 kidnapping. He was sentenced to 25 years in prison. After he was sentenced, he appealed his conviction and argued this his attorney should have tried to suppress his confession. The Oregon courts ruled against Moore, but the 9th Circuit Court of Appeals ruled in his favor and found that his attorney had not acted reasonably by not filing a Motion to Suppress the Confession. However, in a unanimous decision, the United States Supreme Court overturned the Court of Appeals. The Court's opinion was written by Justice Anthony Kennedy. Kennedy held that Moore was limiting his risk by accepting a plea agreement and not going to trial. Justice Ruth Bader Ginsburg wrote a concurring opinion. She pointed out that Moore never once said that he would not have accepted the plea agreement if his attorney had given him more information about his confession.

The case is Premo v. Moore, 09-658.

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 Another Miranda Case

2011-02-02T16:38:00.000-06:00

The United States Supreme Court has agreed to hear another case involving the famed Miranda warnings. The case involves Randall Fields, who told sheriff's deputies that he had sexual contact with a minor. Fields made the confession in the same building where he was being jailed for unrelated charges. The deputies never informed Fields that he could remain silent or have a lawyer. They did tell him he could leave the room whenever he wanted. The question presented in the case is whether investigators have to give a jail inmate his Miranda rights before questioning him on matters that are not related to the reason he is custody. The Michigan Courts ruled in favor of Fields and the prosecutors are appealing the court's decision to the United States Supreme Court.

Oral arguments will take place later this year.

The case is Howes v. Fields, 10-680.

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.

Missouri High Court Sides With Illegal Immigrant In Adoption Case

2011-02-02T16:26:00.000-06:00

The Missouri Supreme Court has ruled in favor of an illegal alien who had lost her child after she was jailed following an immigration raid. The effect of the ruling is that the Missouri Supreme Court is holding that state adoption laws apply to illegal immigrants. The mother, Encarnacion Bail Romero was arrested in an immigration sweep of a poultry plant and eventually sentenced to two years in Federal Prison for Aggravated Identity Theft. Another couple was helping Romero's family take care of her son after his arrest. The couple was contacted by another couple about adopting the child. Their adoption was granted on the basis that Romero had abandoned her child. Romero has been contesting the adoption since her release from prison in 2009. The child was born in the United States and is a citizen. The Missouri Supreme Court ruled that state adoption laws were not followed in this case when the mother's parental rights were terminated. The Court ordered a trial regarding Romero's parental rights.

The case had generated a great deal of international interest. The Guatemalan consulate and the ACLU had filed written briefs on the case and Guatemala's ambassador to the United States had watched the original arguments in November. The court recognized that immigrants have the same parental rights as anyone else.

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.

2011 New Illinois Speeding Law

2011-02-02T15:59:00.000-06:00

A new speeding law went into effect the beginning of this year which could drastically change the way traffic tickets have been handled throughout the State of Illinois for many years. Speeding 30 mph over the limit is no longer simply a traffic offense. It is now a Class B Misdemeanor which carries a maximum penalty of up to six months in the county jail and a maximum fine of $1,500. Speeding 40 mph over the limit has always been a Class A Misdemeanor which carries a maximum penalty of up to one year in the county jail and a maximum fine of $2,500. What has been changed about speeding 40 mph over the limit is that drivers can no longer receive court supervision if they are convicted of this offense. Court supervision is a sentence that allows drivers to keep their criminal record clean and eventually expunge the entire matter from the public record. The only sentence available for driver's convicted of speeding 40 mph over the limit is conditional discharge or a misdemeanor conviction. But a skilled attorney may be able to avoid this harsh penalty by negotiating a plea with the prosecutor that would involve the state reducing the charge to speeding under 40 mph over the limit.

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.

Governor Ends 2010 By Granting 34 Pardons

2011-02-02T15:44:00.000-06:00

Illinois Governor Pat Quinn ended 2009 by granting 34 pardons and denying 51 others. Quinn has called the number of pardons on his desk a "massive backlog" which was made worse by the previous Governor, Rod Blagojevich. Blagojevich did not act on any pardons. There are currently over 2,500 pardon requests sitting on the Governor's desk. The 85 pardons that were acted on at the end of 2009 date back from 2004. Quinn has acted on a total of 895 pardon petitions since he took office in January of 2009. He has granted 362 pardons and authorized eight people who he pardoned to obtain expungements of their convictions. Unfortunately, there is no law that requires that a Governor act on a pardon request. Petitioner's must simply wait for a decision. Governor Quinn has made a habit of acting on pardon requests during major holidays, such as Easter, Thanksgiving and Christmas. His office is beginning to make a dent in the tremendous backlog of 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.

DNA Tests Casts Doubt On Texas Man Who Was Executed

2010-11-11T18:24:00.000-06:00

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

2010-11-11T17:40:00.000-06:00

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

2010-11-11T16:43:00.000-06:00

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

2010-11-09T12:58:00.000-06:00

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

2010-10-28T21:12:00.001-05:00

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

2010-10-27T11:47:00.000-05:00

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

2010-10-27T10:52:00.001-05:00

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

2010-10-27T10:03:00.000-05:00

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

2010-10-26T14:16:00.000-05:00

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

2010-10-26T13:17:00.000-05:00

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

2010-10-26T12:50:00.001-05:00

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

2010-10-26T12:23:00.000-05:00

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

2010-10-26T12:08:00.000-05:00

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

2010-10-26T11:51:00.000-05:00

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

2010-10-26T11:38:00.001-05:00

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

2010-10-11T12:04:00.000-05:00

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

2010-10-11T11:57:00.001-05:00

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

2010-10-11T11:51:00.001-05:00

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

2010-10-08T09:30:00.000-05:00

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

2010-10-07T09:28:00.000-05:00

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

2010-10-06T13:19:00.002-05:00

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

2010-10-05T11:54:00.000-05:00

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.