Update on Medical Marijuana Measure

This week there was a slight setback in the effort to allow medical marijuana in the State of Illinois. Legislation is currently pending in the Illinois Legislature that would allow people suffering from certain debilitating diseases such as HIV, cancer and multiple sclerosis to legally possess up to two and a half ounces of marijuana or up to 12 marijuana plants. These people would register with the Illinois Department of Health and would receive an identification card which would exempt them from arrest and prosecution.

The effort to enact this measure in Illinois took an interesting turn when the Federal Drug Czar arrived for a surprise visit in front of a committee voting on the legislation. After this visit, the committee voted down the measure. For a thorough discussion of this event, click here.

This unexpected turn of events has dashed hopes for a quick passage of this legislation. However, proponents are now digging in to continue a fresh round of lobbying and effort to pass this much needed 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.

McHenry Prosecutor Tough Stance Stretching County Resources

There's a report in today's Daily Herald that court resources in McHenry County are being stretched due to the drastic increase in jury trials. In 2004, there was only a total of 48 juries. In 2007 that number went up to 97, and in 2008 that number increased 139. There could be several reasons for this such as the increased in county population, changing state laws that affect the number of felonies and DUI offenses. But the article points out that many local criminal defense attorneys point to the hard line stance taken by McHenry County State's Attorney, Louis Bianchi. Local attorneys are reporting that the prosecutor's office is making ridiculous offers thereby leaving defendants no choice but to go to trial. Bianchi readily admits that his policies are leading to more trials but makes no excuse for his stance. However, the county only has a limited number of judges, courtrooms and support personnel to deal with this increase in trials. And with the current budget problems facing state and local governments, it is unlikely that there will be any additional funding to deal with this problem.

Bianchi staunchly defends his policies and believes that the trial experience will benefit his assistants as they gain experience from jury 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.

Further Update on Florida Lawyer Case

On November 17, 2008, we posted a blog about Ben Keuhne, a prominent Florida criminal defense attorney charged by Federal Prosecutors with laundering drug money as part of his acceptance of legal fees by an alleged Columbian drug lord. On December 10, 2008, we posted another blog about how the Keuhne's attorneys were attempting to get the charges dismissed. On January 10, 2008, we posted another blog reporting that the federal judge presiding over the case dismissed Count 1 of the indictment. The dismissal of Count 1 was a serious blow to the government's case and a major victory for the defense. We are now reporting that the trial of Ben Keuhne has been continued from January 20, 2009 to April 27, 2009. The government is considering whether to appeal the trial court's dismissal of Count 1 and the defense is considering taking depositions of witnesses in Columbia. In addition, one of the attorneys for Keuhne, a major supporter of President-Elect Barack Obama, is going to be attending the inauguration tomorrow.

It is looking like the government's case against attorney Keuhne is unraveling and falling apart. We will continue to monitor this case and report on any developments.

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 To Hear School Strip Search Case

The United States Supreme Court has agreed to hear a school strip search case. A 13 year old female student at the Safford Middle School in Safford Arizona was strip searched by a school nurse based on an uncorroborated accusation by a classmate that she was hiding prescription strength ibuprofen pills. At the end of the day, no pills were found. The mother of the girl filed a Federal Civil Rights lawsuit on behalf of her daughter. The Federal District Court dismissed the lawsuit holding that the search of the 13 year old girl was constitutional. A three judge panel of the Court of Appeals upheld that decision, but then the entire 9th Circuit Court of Appeals heard the case and found that the girls rights were violated. The court held that the strip search of the girl was "a grossly intrusive search of a middle school girl to locate pills with the potency of two over-the-counter Advil capsules."

The United States Supreme Court will decide whether the search was constitutional, and if it was not, whether the vice principal that ordered the search can be held financially liable for monetary damages.

The case is Safford United School District No. 1. v. Redding, 08-479.

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.

Supreme Court Issues 4th Amendment Decision

The United States Supreme Court issued an important decision concerning the 4th Amendment's so called "exclusionary rule." The case is Herring v. U.S. 07-513. Bennie Dean Herring was arrested by Coffee County Alabama sheriff's deputies because there was a warrant for his arrest out of neighboring Dale County Alabama. The problem is that the warrant out of Dale County Alabama had been recalled many months earlier but was mistakenly not removed from the county computer system. Thus, when Coffee County sheriff's deputies arrested Herring, they did so by mistake. After Herring was arrested, sheriff's deputies searched him and found amphetamines in his pockets and an unloaded gun in his truck. After Herring was taken to the police station, it was discovered that the warrant did not exist, but it was too late for Herring. He was subsequently convicted of federal gun and drug charges.

On Wednesday, the United States Supreme Court, in a 5 to 4 decision, held that the evidence obtained by the Coffee County sheriff can be used to prosecute Herring. The Supreme Court refused to apply the exclusionary rule when the search and seizure is based on a simple police mistake. The majority opinion was written by Chief Justice John Roberts who held that evidence seized by the police may be used "when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements." Justice Roberts was joined by the conservative justices, including Justice Anthony Kennedy. This decision was along ideological lines.

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.

Final 2008 Crime Statistics Show Troubling Trends

Readers of this blog know that we have been keeping a periodic eye on the violent crime trends in the City of Chicago throughout 2008. The Chicago Police just released their final figures for violent crime in 2008 and the numbers point to a troubling increase in many violent crime categories. There were a total of 510 murders last year. Of those murders, the police believe that 229 of them were gang related. There's at least one estimate that at least 100,000 gang members live in the city. Of the 510 murder victims, 310 had criminal records and 40 percent were killed with guns. There was also an increase in the number of Robbery, Theft and Burglary cases in 2008. The number of murders increased by 14.6 percent, robbery increased by 7.8 percent and burglary was up by 4.8 percent. The total increase in crime was 2.5 percent, the violent crime rate increased by 2.1 percent, and property crimes increased by 2.6 percent. In light of all these increases, there was some good news. Criminal Sexual Assaults, Aggravated Battery and Aggravated Assault decreased in 2008. Arsons were down 9.1 percent.

It will be interesting to see what these numbers look like like in 2009. There is no doubt that we are in the midst of some tough economic times. Generally, crime rates increase during times like these. The Chicago Police have targeted combating gang crime and have set up special units to try to lower the rate of violent crimes.

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 Attorney Arrested For Smuggling Drugs to Inmates

A Chicago criminal defense attorney has been arrested by Cook County Sheriff's investigators for smuggling drugs into the cells behind the courtrooms at 26th and California. The case started when an inmate was found to have a mixture of marijuana and cigarettes on him. The inmate was questioned and implicated his girlfriend. His girlfriend was questioned and she implicated the attorney. The way it worked was that the inmates girlfriend would pass through courthouse security with the illegal drugs hidden in her underwear. The girlfriend would then hand the items over to the attorney outside of the courtroom. The attorney would then go to the lock up, behind the courtrooms, and hand them to the defendants. On Wednesday, Sheriff's investigators set up a sting operation involving undercover officers. One undercover investigator handed 20 grams of marijuana to the attorney along with $25o, and the other undercover investigator accepted the marijuana while posing as an inmate. After the attorney was arrested, he admitted to smuggling marijuana to inmates on at least five occasions since October. Each time he was paid $250. If the attorney is telling the truth, all he made off of this scheme was $1,500.

The attorney was charged with two counts of possession of marijuana, delivery of marijuana and bringing contraband into a penal institution. Bond was set at $75,000.

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.