Kane County Announces Second Chance Felony Drug Program

Yesterday, the Kane County State's Attorneys Office has announced the creation of a Second Chance Felony Drug Program for Kane County cases.  The Kane County State's Attorneys Office already has Diversion Programs for domestic battery cases and for misdemeanor drug cases.  I have had clients placed into these programs.  Like the domestic battery and misdemeanor drug programs the Second Chance Felony Drug Program will give participants a chance to avoid a criminal record.  It will be open to people arrested for small amounts of drugs who do not have any criminal record and meet all the other requirements of the program. People who enter the program will be required to go through a year long drug education program and undergo random drug testing.  Those who successfully complete the program will have the charges against them dismissed and will be allowed to expunge their record.  The entire cost of the program will be paid for by the fines, fees and costs that are collected from the program participants who will be required to pay about $2,100 to go through the program.

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.

Court of Appeals Approve Search of Cell Phone Without Warrant

Last week, the U.S. Court of Appeals for the 7th Circuit issued a disturbing ruling on a case which gave the court an opportunity to examine just how far the police can go when it comes to searching electronic devices.  Police officers in Indiana found several cell phones at the scene of a drug bust.  The police searched through each cell phone for its cell phone number.  The police collected the cell phone numbers, subpoenaed the call histories of each cell phone and were able to link the owners of the cell phones to the drug selling operation.  One of the defendants, Adel Flores-Lopez, was convicted and sentenced to 10 years in prison for selling drugs.  On appeal, Flores-Lopez argued that the police had no right to search through the cell phones without a warrant.  The Court of Appeals rejected Flores-Lopez's claims find that the invasion of privacy was so slight that the police's actions did not violate the 4th Amendment's ban on unreasonable searches.  The majority opinion was written by Judge Richard Posner.  In his opinion, Judge Posner compared a cell phone to a diary, and just as police can open the cover of the diary to determine who its owner is, the police can open the phone to determine who the owner is.  The court found that the invasion of privacy, which was limited to just discovering the phone number of the phone, was minimal.  But Judge Posner pretty much limited the extent of the search to only determining the phone number and that the police are forbidden for looking for further information on and in the phone.  However, the question of how far the police can go was not totally answered in this case leaving this issue unresolved.

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

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.

Supreme Court Hears Strip Search Case

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.

TASC and Drug Probation - A Primer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TASC And Drug Probation - A Primer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Body Scanners For Cook County Jail

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.

Chicago Cops Raid Elderly Couple's Home By Mistake

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

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.

Chicago Police Ramping Up Mobile Strike Teams

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.

Garbage Collectors Enlisted To Fight Crime

The Cook County Sheriff has drafted 25 garbage collectors who work for Waste Management in Alsip and trained them to look for suspicious activity while working, such as drugs in the garbage, marijuana plants growing in yards and abandoned vehicles on the street.  There is no costs to the taxpayers or the county for these additional crime fighters.  Waste Management is really the force behind this program.  They started "Waste Watch" in 2004 and have actually implemented this program in Orland  Park since 2006.  The Alsip based Waste Management garbage collectors handle waste from Chicago Ridge, Oak Lawn, Orland Park, Palos Heights and several other suburbs.  The garbage collectors will have no police power.  They will simply be trained to know what to look for and anything they report to the police will be held confidential.

Cook County Sheriff Tom Dart said that he hopes to expand this program to all the suburbs in Cook County.

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.

Closed Police Station Yields Neglected Evidence

In 2008 the Cook County Sheriff took over the police duties in the south suburban Village of Ford Heights.  For 2 years the Sheriff had been sharing police duties with the Ford Heights Police Department but had to completely take over the police duties after officers just stop showing up for work.  Financial problems had forced the Village of Ford Heights to not be able to afford a police department.  The Sheriff did not use the former police station because the former police chief continued to perform some code enforcement duties out of that building.  Last spring, Cook County Sheriff Tom Dart ordered the former police chief to leave and that's when the doors to the evidence room were opened.  What was found is shocking.  A total of 7 neglected rape kits were left behind in an unplugged refrigerator, nearly 200 guns that had never been registered as seized with the State of Illinois and hundreds of bags of drugs.  Of particular interest was the moldy rape kit that linked a man to the 2006 rape of a 13 year old girl.  This week, authorities arrested the rapist after they determined that there was a great deal of evidence against the man.  When the rape happened, the Ford Heights Police had received a DNA report linking the man to the rape and did nothing with the evidence.  They never even interviewed this man even though he had been arrested 15 times since 2001 and previously been convicted of Aggravated Vehicular Manslaughter.  

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 Court Overturns Precedent On Strip Searches Of Prisoners

Today, the U.S. Court of Appeals for the Ninth Circuit ruled that strip searches of all incoming inmates does not violate the Fourth Amendment.  This decision overturned a 1984 decision by the same court which limited strip searches to inmates accused of violent or drug related crimes.  The Court upheld the strip search policy of San Francisco Sheriff Michael Hennessey who enacted a policy of strip searches of all incoming inmates.  Sheriff Hennessey claimed he enacted the new policy in response to the rising amounts of drugs and weapons being brought into his jail.  Procedurally, the trial court had denied Sheriff Hennessey's Motion for Summary Judgment.  By ruling that the policy did not violate the Fourth Amendment they reversed the trial court and granted Sheriff Hennessey's Motion for Summary Judgment.  The Court found that the policy is reasonable considering the nature of the prison system and the documented evidence of illegal drugs and weapons entering prisons.

What remains to be seen is what impact this decision and this policy of strip searches will have on the amount of drugs and weapons that enter Sheriff Hennessey's prison.   In other words, is the problem with drugs and weapons a result of what is brought in by the inmates or what is brought in by visitors or employees of the Sheriff's Department?

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.

AMA Changes Stance On Marijuana

On Tuesday the nation's largest group of physicians changed its stance on marijuana.  The American Medical Association urged the federal government to remove marijuana from the list of Schedule 1 controlled substances.  Schedule 1 is the most serious classification for controlled substances.  It includes such dangerous drugs as heroin and LSD.  Since 1997 the AMA has maintained that it should be on the list of Schedule 1 drugs.  The American Medical Association has about 250,000 members.  The AMA has changed their stance on marijuana because they seek to conduct more clinical research on the risks and benefits of marijuana and try to develop medicines based on marijuana.  The change in the AMA's stance is another step in the evolving view of the risks and benefits of marijuana.  We have been reporting on the changes to various state laws which have led to the legalization of medical marijuana in 13 states.  However, the AMA did warn that this change in their stance should not be viewed as endorsement of the legalization of marijuana or support for medical marijuana.  The AMA is not the first major doctors organization to change their position on marijuana.  In 2008, the American College of Physicians, the nation's second largest physician group issued a statement calling for research into the therapeutic uses of marijuana.

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.

Felony Marijuana Charges Dismissed In Rolling Meadows

The other day I was able to get the Prosecutor's office to dismiss felony Possession of Marijuana charges against my client. My client had attended The Grateful Dead concert at Allstate Arena over the summer. An undercover Village of Rosemont police officer was doing surveillance in the parking lot of the Allstate Arena. In his police reports and at the preliminary hearing, he stated that he saw my client walking around the south end of the parking lot asking people if they wanted to buy "Molly." The officer said that "Molly" is slang for ecstasy. The officer testified at the preliminary hearing that he witnessed a drug transaction. He then called for assistance and about five other officers grabbed my client, put him face down on the parking lot and placed him under arrest for dealing drugs. They searched him and found over 50 grams of marijuana. The police never recovered any ecstasy from my client.

However, when pressed on whether he witnessed a drug transaction, the officer was forced to admit that he was not sure if what he saw was a drug transaction or a lawful transaction. I filed a Motion to Quash Arrest and Suppress Evidence arguing that the police lacked probable cause to arrest my client and that all the evidence seized after his unlawful arrest should be suppressed. To his credit, the prosecutor realized that my motion had merit and voluntarily agreed to dismiss the charges against my client on the eve of the hearing on my motion.

My client had been in jail since the arrest on a substantial bond. He is already on parole until November of 2010 for a Class 1 Felony drug charge. The dismissal of the charges means that my client is set free and does not have to worry about violating his 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.

Use Of Recent Supreme Court Cases Wins Motion

On April 21, 2009, we published an article about the Supreme Court's decision in Arizona v. Gant. The Supreme Court severely limited police officers power to search vehicles after an arrest. In Arizona v. Gant, the defendant had been pulled over for a traffic violation. The police officer determined that he did not have a license and placed him under arrest. He was handcuffed and placed in the back of the police vehicle. The officer then searched the vehicle and discovered a gun and drugs. The Supreme Court ruled that the search of the vehicle was unreasonable and ruled that the evidence seized in the search had to be suppressed. The court ruled that in order to search the vehicle the defendant had to be close enough to the vehicle as to pose a risk that he could grab a weapon out of the car or that the police had a reasonable belief that they would find evidence related to the reason that the defendant had been arrested.

Today I used this case to win a motion to suppress on an Aggravated Unlawful Use of a Weapon By a Felon charge at 26th and California. The facts of my client's case were very similar to the facts in Gant. The defendant was pulled over because his license plate light was not working. The officer asked my client for his license but he could not produce one because it had been revoked for a prior DUI. The officer testified that he placed handcuffs on my client and put him in the back seat of his squad car. There was a passenger in the front seat. A check of his name revealed an outstanding traffic warrant and he was handcuffed and placed in the back seat of the squad car as well. The officer then proceeded to search my client's vehicle finding a loaded handgun in the back seat area of his vehicle. The state argued that this search was actually an inventory search and that the officer was following Chicago Police procedure. However, the officer admitted that he did not produce an inventory report and could only state that "miscellaneous" items were retrieved from the vehicle in the inventory search.

The court found that an inventory search would be an exception but that what the officer testified to could not be deemed to be an inventory search. The officer did not produce an inventory report and could only remember that "miscellaneous" other items were found. Since the defendant and his passenger were in handcuffs in the back seat of the squad car, and the only reason for the arrest of the defendant was that he had no driver's license, the police needed a warrant to search the vehicle.

The client was facing substantial jail time if he had been convicted of this offense. He has been to the penitentiary at least three times, most recently serving 10 years for a very serious set of felonies.

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.

Study Shows Racial Profiling Alive And Well

In the midst of the debate surrounding the arrest of black scholar Henry Louis Gates, Jr., the American Civil Liberties Union (ACLU) has released their annual study showing that minority motorists are more likely to be pulled over and asked for consent to search their vehicles than white drivers. In Chicago, minority drivers are four times more likely to be searched in their vehicles than white drivers. In last year's study, minority drivers were five times more likely to be searched. The most interesting numbers from the study show that police are much more likely to find drugs in vehicles driven by white drivers than minority drivers. When vehicles driven by minorities were "consent searched," drugs were found 15.4 percent of the time. When vehicles driven by white drivers were "consent searched," drugs were found 24.7 percent of the time. Statewide, minority drivers were 13% more likely to be stopped than minority drivers. That number is slightly higher than last year's study.

We first reported about this issue on a July 27, 2008 post about a similar study by the Northwestern University Center for Public Safety. The current study by the ACLU indicates that the numbers are improving but lots of work needs to be done to correct this problem.

These numbers show that racial profiling is a real problem. But the numbers also show the predisposition that officers have that minorities are more likely to be up to no good are not supported by the numbers. The numbers show that officers are more likely to find drugs in vehicles driven by white drivers than minorities.

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.

Federal Jury Awards Man $21 Million For Being Framed By Chicago Cop

A federal jury today awarded a Chicago man $21 million in damages after he claimed he was framed for a murder. Juan Johnson was convicted of murder in 1989. Johnson claimed that he was framed for the murder by Detective Reynaldo Guevara. Guevara has since retired. In 2004 Johnson's murder conviction was thrown out by the Court of Appeals. He was retried and found not guilty of the murder. At the retrial, a gang member testified that Detective Guevara had told him to point Johnson out of the lineup.

The trial lasted for two weeks. The $21 million dollar award is the largest of its kind involving the City of Chicago. Johnson was arrested last year by the FBI for allegedly selling 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.

Chicago Murders Reportedly Decline by 20 Percent

The Chicago Police Department reports that in the first 4 months of 2009, the murder rate has declined by 20 percent compared to the same time last year. From January to April 2009, there were 109 murders. Violent crime dropped 2.8 percent and property crimes declined by almost 10 percent.

Superintendent Weiss is claiming that the decline is due to the departments renewed focus on gangs, guns and drugs. As the summer approaches Weiss says that he is looking at ways to get residents involved in these efforts.

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.

Traffic Stop Results in Big Drug Bust

The Daily Herald reports that a routine traffic stop by McClean County Sheriff's Office K9 unit of a motor home resulted in them finding 237 pounds of cocaine. The motor home was stopped in I-55 in central Illinois. The location of the stop was northeast of Normal, Illinois. The article states that the drugs were found in a concealed compartment of the vehicle. The drugs are worth between $2.1 million and $3.7 million.

You can view the actual article by clicking here.

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.