Illinois To Ban Texting And Driving

Today, Illinois Governor Pat Quinn will sign a new law which bars driving from sending text messages while driving. This new law would allow police to stop and ticket motorists who text while driving. Illinois will join 14 other states that have similar laws. The new law will take effect on January 1, 2010. The new law will allow drivers to pull over and put their car in neutral and send text messages. This new law will also allow drivers to use GPS devices with their phones. Critics of this new law argue that this new measure will give police yet another reason to pull over motorists. Especially minorities.

It will be interesting to see how often this new law will be used and how prosecutors will be able to prove that a driver was texting.

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 Law Bars Sex Offenders From Ice Cream Trucks

On Tuesday, Illinois Governor Pat Quinn signed a new law that bars sex offenders from operating ice cream or snow cone trucks in Illinois. This new law bars sex offenders from operating trucks that sell food or beverages. The main purpose of the law was to make sure that sex offenders do not operate trucks that sell ice cream to children. The fear is that sex offenders would get a job operating these trucks just so they can be around children. The same law also bars sex offenders from operating ambulances.

Many other states have enacted laws like this. Other states require background searches before someone is allowed to operate these trucks.

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

Attorney Ioakimidis Argues For Lower Bond In High Profile Arson Case

On July 17, 2009, I appeared before Judge Maria Kuriakos Ciesil at Central Bond Court at 26th and California for a bond hearing on an arson case that was being covered by the local media. Click here for a list of the location of Cook County courthouses. I had appeared before Judge Ciesil many times and consider her to be smart and fair. When a judge sets a bond they have great leeway in taking various factors into consideration when deciding the amount of the bond.

Our client was charged with an arson for setting fire to a building. The purpose of the hearing was for the judge to determine what would be an appropriate bond for our client. I argued that the primary purpose of bond is to make sure that the defendant appear in Court and the amount of money my client would have to post should not be punitive. In other words, we should not punish a defendant with a bond that is so high that he is stuck in jail waiting for the case to conclude before he has been convicted of an arson and sentenced. I pointed out to the judge that our client had no previous record and no violent history. Besides, even if he was eventually convicted of arson he could still receive probation. I stressed to the judge that the defendant is innocent of the arson until he is proven guilty. I argued that the bond should not be so high as to punish the defendant before he has even had a chance at a trial. Judge Ciesel did not agree with me and set a bond of $250,000.00 was too high. The Judge was concerned about potential danger to the public.

For a Chicago Breaking News article on this case click here.

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

California Bracing For Massive Prisoner Release

A panel of federal judges has ordered the State of California to reduce its prisoner population by 40,000, or about 27 percent within 2 years. The case arises out of a claim by prisoners that the prison health care system is defective and is causing the unnecessary death of at least one prisoner a day. The federal court has ordered the State of California to implement changes to the health care system to better treat the inmates. However, California is in the midst of serious budget problems and the changes mandated by the court cost money. Money the State of California does not have. In response, the panel of federal judges issued a scathing 184 page order requiring the State of California to come up with a specific plan within 45 days to release the prisoners. The court held that reducing the prisoner population is the only way to remedy a broken prison health care system. The court recommended that the state imprison fewer non violent offenders and limit the number of parole violations. In its opinion, the court described the chaotic overcrowded conditions of some California prisons. Gymnasiums stacked with triple bunk beds, inmates placed in closets and hallways. These overcrowded conditions allow for disease to spread easily and not enough guards to monitor the inmates health conditions.

This case has been going on for 15 years. The court has repeatedly tried less intrusive means before this decision. The State of California is expected to appeal this decision to the United States 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.

Holder Talks About Getting "Smart" On Crime

On Monday, United States Attorney General Eric Holder addressed the American Bar Association in Chicago. In his speech not only did he call for getting tough on crime, but he called for getting "smart" on crime as well. He said that jail is not the only answer to law enforcement. Roughly 1 in every 100 American adults is behind bars. He noted that this is "the highest incarceration rate in the world." He noted this rate continues to rise and that the rate of incarceration cannot be sustained from an economic standpoint. He called for programs that keep tabs on inmates after they are released and drug treatment programs as an alternative to jail for first time offenders. He also called for programs to study how to help children at risk of becoming criminals and called for the lack of funding for public defenders. Once again he addressed the sentencing disparities between powder and crack cocaine. He ended his speech by stating that his goal is to move towards a system of fairness and effectiveness.

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.

House Moves Forward With Bill Eliminating Disparities In Cocaine Sentences

On Wednesday, the House Judiciary Committee approved a bill that would eliminate sentencing disparities between powder cocaine and crack cocaine. The bill was approved by a vote of 16 to 9 and now moves the full House for its consideration. We have been reporting for a long time about this issue, such as the 100 to 1, crack to powder disparity. This disparity is unjust because it unfairly punishes African-American defendants who are more likely to be convicted of crack cocaine offenses than White offenders who are more likely to be arrested with powder cocaine. The current sentencing guidelines treat crack offenders much more harshly than powder cocaine offenders. In 2007, the U.S. Sentencing Commission amended the Sentencing Guidelines to fix this injustice and voted to give retroactive effect to those amendments. At least 3000 inmates have had their sentences reduced because of these sentencing amendments. Just last month, U.S. Attorney General Eric Holder urged reform of the sentencing laws to deal with this disparity.

We will keep our readers updated on the progress of this legislation.

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.

South Dakota Supreme Court Overturns Death Sentence

The South Dakota Supreme Court has overturned the death sentence of a 29 year old man because the judge did not properly advise him of his jury rights at the time of sentencing. Briley Piper abducted a 19 year old victim, along with two other defendants, as part of a plot to burglarize the home of the victim's mother while she was on vacation. After they abducted the victim, the forced him to take off most of his clothes, forced him to go into an icy creek, stabbed him repeatedly, kicked him in the head 30 to 40 times, struck him with large rocks and eventually forced him to drink hydrochloric acid. The victim's body was found in a creek several weeks after he was abducted. Piper plead guilty to the murder and waived his right to a jury to determine his sentence. At the sentencing, the trial judge incorrectly told Piper that if he chose a jury, his fate would be decided by them, instead of telling him that even if one juror disagreed on the death penalty, he would receive life without parole. The South Dakota Supreme Court ruled that this mistake meant that Piper did not make a knowing and voluntary waiver of his right to a jury.

This ruling by the South Dakota Supreme Court leaves Piper's first degree murder conviction in tact but returns the case to the trial court for sentencing. Piper's attorney has indicated that Piper will ask for a jury to determine his sentence.

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.