Supreme Court to Hear Speedy Trial Issue Case

This week, the United States Supreme Court will be considering an interesting case that could have wide ranging implications as states and county governments are running into budget problems. The question is whether delays caused by Public Defenders constitute a violation of a Defendant's Sixth Amendment Right to a Speedy Trial? Michael Brillon was arrested and charged by Vermont law enforcement authorities with hitting his girlfriend in her face. He sat in jail for nearly three years and went through six Public Defenders before being convicted of the assault. He was sentenced to between 12 to 20 years in prison because he was a habitual offender. A Vermont appellate court threw out his conviction finding that the delays violated his Sixth Amendment Right to a Speedy Trial. The court found that the government should be held responsible for the delays since the Public Defenders work for the state and are paid by the state.

We will keep an eye out on this case because of the potential consequences in these hard economic times. State and county governments are cutting back on funding for Public Defenders, causing already overworked Public Defenders to ask for delays as they try to deal with their work load.

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.

Won Parking Ticket Hearing in Chicago

On October 29, 2008 I received a parking ticket in downtown Chicago for Noncompliant Plates. The parking ticket indicated that I had violated 9-76-160(d) of the Chicago Municipal Code because I had improper plastic covers on my plates. I requested a hearing on the ticket, and the hearing was held today on Addison Street. I pulled the actual city ordinance which states that "no registration plate shall be covered by any tinted or colored screen." I have clear plastic covers on my plates. I also did some research into state law and discovered that effective June 1, 2008, under state law you cannot have any clear covers on your plates. I assume that these prohibitions about covers on plates have to do with the ability of red light and traffic cameras to take pictures of license plates. But since the ticket was written as a violation of the Chicago Municipal Code, I raised this defense in my hearing. I even brought the clear plastic plate cover with me to the hearing. I had taken photographs of my vehicle with my cell phone camera as soon as I received the ticket and showed those photographs to the hearing officer to prove that the same clear plastic cover I had brought to the hearing was on the plates when the ticket was issued. The photographs made the plastic covers appear slightly tinted but pointed out that I had parked the vehicle directly below the overhead CTA tracks.

I noticed that many citizens before me were arguing excuses rather than raising legal defenses to their ticket. One elderly man argued that he should not have been given a ticket for stopping his car in a zone clearly marked as a "no stopping or standing zone" because he had a stroke and was being dropped off to the doctor's office. Another man was able to prove that he had his registration for his vehicle but had forgotten to place it on his windshield. All of these arguments failed because while they are valid excuses, they are not legal defenses. First, start by looking at the law and see if you can defend your ticket by arguing that you did not violate the terms of the law.

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.

Update on Florida Lawyer Case

On November 17, 2008 we posted a blog about a prominent Florida criminal defense attorney who has been indicted by the federal government with laundering drug money. For the original post click here. On December 10, 2008 we posted another update on this case.

On December 22, 2008 the federal judge presiding over the case dismissed Count 1 of the indictment against this attorney. Count 1 was the Money Laundering Conspiracy Charge. This charge was the central charge against this attorney. The judge found that Congress specifically exempted actions necessary for a person to hire an attorney from the federal money laundering statute.

This ruling does not end this case. The judge kept all the other charges in place leaving the lawyer still exposed to a criminal conviction. However, local attorneys believe that this ruling is a major victory for the defense. This victory makes the government's case against the attorney much more difficult.

We will keep our readers updated on the status of this case because it has major implications on a citizen's right to hire an attorney.

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.

Update on Waukegan Clerk

On October 14, 2008 we posted a blog about a Waukegan store clerk shooting a robber that had fled his store. For the full post click here.

This week a Lake County grand jury decided that no charges should be filed against the store clerk. It is very rare for a grand jury to refuse to indict an individual. This shooting has been a source of conflict in Lake County. The victim was shot by the store clerk as he was fleeing the store on his bicycle. A second offender fled the store and has never been found. The victim was on parole from prison for less than a month for a Residential Burglary.

This was the second killing at this same store. In 2002 a store clerk hit an alleged shoplifter over the head with a mallet. That store clerk was eventually charged with Second-Degree Murder but was found not guilty by a jury.

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.

Seventh Circuit Upholds Chicago Red Light Cameras

Today, the Seventh Circuit Court of Appeals found for the City of Chicago in a lawsuit claiming that Chicago's use of red light cameras was unconstitutional. Over 200 red light cameras have been installed in the City of Chicago since 2003. These cameras take pictures of vehicles when they run a red light and a traffic violation is mailed to the owner along with a fine for $90. Motorists sued the city claiming that the process punished owners rather than drivers, it violated Due Process and Equal Protection and that the cameras were a revenue raising measure rather than a legitimate law enforcement purpose. The Court disagreed with all of these claims and found that there is no fundamental right to running a red light and that the cameras served a legitimate governmental purpose of protecting the public.

The City has already announced plans to expand the use of cameras. The State of Illinois has already announced plans to use cameras to catch speeders on highways throughout the State of Illinois and cameras are being used in well over 20 states throughout the United States.

Similar lawsuits are pending in other jurisdictions but this decision does not bode well for foes of these cameras.

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 DUI Law Takes Effect

The Illinois DUI law has been drastically changed starting yesterday. Gone is the Judicial Driving Permit. The Judicial Driving Permit has been replaced by the Monitoring Device Driving Permit. The new law will require that anyone who wishes to drive during a period of suspension to install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle. The device costs about $150 for installation and about $100 a month. The driver must blow in the device before starting. If the device detects a blood alcohol content of 0.25 it will not allow the car the start. In addition, the device will require that the driver periodically blow into the device while they are driving. The device will be monitored by the Illinois Secretary of State. In addition, the period of suspension for first time DUI offenders will be increased from 3 months to 6 months as well as extending the period of suspension for drivers who refuse to blow to 12 months.

With this new BAIID device, Illinois joins Arizona, New Mexico and Louisiana as the only states mandating the use of this device. But commentators believe that Illinois has the toughest provisions because the Illinois law places the responsibility for the installation and monitoring of this device with the Illinois Secretary of State. This law will apply to anyone who wants to drive during a period of suspension.

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.

Murders in 2008 Finish At 509

The number of murders in Chicago ended 2008 at 509. Readers of this blog know that we have been following the murder rate and the violent crime rate all year as it has been increasing. In 2007, there were a total of 443 murders. 2008's increase represents a 15% increase over 2007. The actual number of murders is among the lowest in many decades. What is of concern, is the double digit increase in this rate from 2007. There was an increase of a little under 4% in the overall crime rate. This issue calls into question the job of Police Superintendent Jody Weis. Superintendent Weis was appointed to his position a year ago. He was recruited from the FBI to change the image of the Chicago Police. He immediately replaced many veteran officers with a new group of people. There's whispers of low morale and some dissatisfaction from officers. Superintendent Weis has been questioned by Chicago Alderman and has been forced to address these rumors of morale problems in the police department. He has publicly asked that his officers be more aggressive on the street and has started some new police units to try to combat the increase in gang crime and violent crime.

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.