RECENT VICTORY - Not Guilty UUW

Not guilty verdict after a bench trial for a client charged with Aggravated Use of a Weapon (UUW).  Client was a passenger in a vehicle that was pulled over for a traffic violation.  The officer testified that when he came up to the vehicle he noticed an open bottle of alcohol between our clients leg.  The officer asked our client to exit the vehicle when our client volunteered that he had a loaded gun in his coat.  The client was being driven to a private detective agency where he was going to be put to work as an armed security officer.  The employer testified that he was waiting for our client to come to the office so he could submit the necessary paperwork to the State of Illinois so that he could get the proper license.  Our client was believable and his prospective employer backed him up.  The judge found our client not guilty of the UUW.

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.

New Gun Law Mandates Mandatory Prison Time

In a move that seems to be flying a little under the radar, Illinois Governor Pat Quinn signed a bill into law yesterday that makes a Class 4 Unlawful Use of Weapon conviction not probationable.  Starting January 1, 2011, anyone convicted of carrying a loaded gun without a state firearm owner's identification card will be required to be sentenced to 1 year in prison.  Previously, someone convicted of this crime was eligible for probation.  This new law will make it much more difficult to negotiate plea agreements with prosecutors on UUW cases because the possibility of probation is now off the table.  This law was passed during an election year in which politicians are trying to portray an image of "being tough on crime" by trying to feed off of the recent spike in gun violence in Chicago.  Yesterday's bill signing occurred during an event to honor the memory of Chicago police officer Thomas Whortham who was recently shot and killed outside of his parents home.  During the bill signing, Governor Quinn pointed out that his Republican opponent for Governor, Sen. Bill Brady, had voted against the bill.   

The new law will go into effect on January 1, 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 Upholds Emergency Aid Exception To 4th Amendment

The Supreme Court upheld the warrantless search of a residence based on the emergency exception to the Fourth Amendment.  Brownston Michigan police were called to a residence to investigate a man acting out.  When the officer arrived he found a truck parked with it's fender damaged and a man inside the residence screaming loudly.  The man inside the house refused to allow the police into the residence without a search warrant.  The officer observed drops of blood on the hood of the truck and some clothes inside the truck.  The officer once again asked to be let into the residence and when the man inside the home did not let him in, the officer broke through the door and entered the residence.  When the officer entered, the man inside the house pointed a gun at the officer.  He was charged with assault and UUW.  The man inside the house won the case on a motion to suppress and the Michigan Court of Appeals upheld the granting of the motion.  The Michigan Supreme Court heard oral arguments but never issued a decision.

This week, the United States Supreme Court overturned the Michigan courts and concluded that the officers correctly applied the emergency exception to the Fourth Amendment.  In it's decision, the United States Supreme Court defined the emergency exception as allowing "law enforcement officers to enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury."  While the man inside the house was not injured, someone else may have been.  Therefore the police acted reasonably.

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 Supreme Court Changes Illinois Gun Law

On October 8, 2009, the Illinois Supreme Court released a decision which has made some substantial changes to the law regarding Unlawful Use of Weapon (UUW) in Illinois.  The case is People of the State of Illinois v. Diggins, Docket No. 106367.  In Diggins, a Peoria police officer observed the defendant make a right turn without using his turn signal.  The officer pulled over the vehicle and asked the driver for his license.  The driver could not produce a license but did produce an FOID card.  The officer asked the driver if he had any guns in the car and the driver told him he had guns in the center console.  The driver and the passenger were placed under arrest.  The officer observed that the center console was ajar but locked.  The passenger gave the officer keys to the console and after the officer unlocked the console he found a .45 caliber handgun and a .357 Magnum revolver.  Both weapons were unloaded.  He also found a magazine loaded with 8 .45 caliber rounds and six .357 Magnum rounds in the same center console.  In the rear compartment area of the vehicle he retrieved a duffel bag containing several boxes of additional ammunition.  At trial, Diggins was found guilty of UUW and sentenced to 30 months in prison.

Under Illinois law, as long as someone has an FOID card, they can transport a handgun provided that it is unloaded and in a case.  Diggins is important because the court changed the previously accepted definition of the word "case."  Before Diggins, "case" was thought of as being a container of some type.  However, the Illinois Legislature never defined "case" so the Supreme Court made an exhaustive analysis of what "case" means and determined that the center console is a "case" within the meaning of the Aggravated Unlawful Use of Weapon statute.  The court also said that the glove compartment would also be a "case" within the meaning of the statute.  The practical effect of this case is that so long as someone with an FOID card has the gun unloaded in their glove compartment, along with their ammo in the same compartment, they would not be guilty of a UUW if they were pulled over.

In response, gun rights advocates were thrilled at the expansion of gun rights.  Police officers were alarmed.  They argue that allowing motorists to have guns and easy to load magazines so easily accessible to motorists adds additional danger to their work.  Some law enforcement personnel indicated they will push the Illinois Legislature to fix the law while gun rights advocates feel emboldened to try to legalize conceal and carry 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.

Chicago Increases Penalties For Gun Offenses

Today, the Chicago City Council approved a municipal ordinance that requires mandatory jail for those charged and convicted of gun offenses under the Chicago Municipal Code. The changes apply to those charged with violating the city gun ordinance and not the state gun laws. Therefore, these changes are expected to affect a small percentage of those charged with unlawful use of weapon UUW) in the City of Chicago. A first time UUW offense carries a minimum five day jail sentence, a second offense carries a minimum 15 days and a third offense carries a minimum of 30 days. In addition the fine for carrying a gun in the city will increase from $200 to $300.

The ordinance was approved without debate.

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.