Frye Hearing Scheduled for Lidar

On November 9, 2009, we published a post about how speeding tickets issued with Lidar machines are being routinely dismissed in Chicago.   Lidar, or laser, is the main type of detector used by Chicago police.  Cook County judges have been dismissing those tickets because they have not been accepted as scientifically reliable  in court.   In order for new technology to be admissible in court, a hearing must be held in court with testimony and evidence for the court to determine if the machine is scientifically reliable.  This hearing, known as a Frye hearing, has not yet been held in Chicago.  Now comes word that such a hearing will be held in the next couple of months.  The case involves a man pulled over for speeding and driving under the influence of alcohol (DUI) on the Chicago Skyway.  Lidar uses light beans rather than radio waves.  In October, prosecutors began seeking Frye hearings in which defendants were represented by attorneys but their attorneys always backed out, thus leaving the issue of whether the Lidar devices are scientifically reliable undecided. The uncertainty surrounding this device will soon be decided.  If the court finds them to be scientifically reliable, motorists will no longer be able to expect that these tickets will be routinely dismissed.  We will keep our readers updated 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.

Alarming Jump In Number Of Hate Crimes

Today, on its official website, the FBI reported that the number of hate crimes reported from 2007 to 2008 increased 2 percent.  That may not seem like much but it represents the biggest jump in hate crimes since 2001.  This may not mean much because the number of law enforcement agencies that have agreed to participate in the reporting of such crimes increased in 2008.  Also, the number of hate crimes based on someone's religion also increased.  The only decreases were reported in crimes involving someone ethnicity or national origin.  The Anti-Defamation League called for a coordinated response by government to put a stop to such 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.

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 To Impound Vehicles Driven By Suspended Motorists

Yesterday we published an article about a Chicago City Council Committee approving a proposal to impound vehicles driven by motorists arrested for driving on a suspended or revoked license.  Today the full City Council approved the measure.  Beginning on January 1, 2010, anyone arrested for driving on a suspended or revoked license in the City of Chicago will have their vehicle seized and impounded.  They can get their car back if they pay a $500 fine and a $165 towing charge.  Last year, 22,904 people were pulled over for driving on a suspended or revoked license in Chicago.  The City of Chicago stands to generate millions of dollars in revenue because of this new measure.

Alderman believe that this new measure will make people think twice about driving with a suspended or revoked license.  I'm sure that the additional revenue helps.

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.

Virginia Carries Out Execution By Electrocution

On Tuesday the State of Virginia carried out an execution by using the electric chair.  You would think that the electric chair is no longer used but 7 states currently allow the use of the electric chair.  2 other states allow the use of the electric chair only if lethal injection is ever ruled unconstitutional.   The last time the State of Virginia carried out an execution by electric chair was in 2006.  The last such execution was carried out in South Carolina in June of 2008.  Larry Bill Elliott, 60, a former Army counterintelligence officer, had been convicted of a 2001 double murder.  He killed the victims to win the love of a stripper who had been involved in a bitter custody battle with one of the victims.  Elliott had chosen the electric chair as his means of execution.  The execution had originally been scheduled for October 5, 2009, but Virginia Governor Timothy M. Kaine had pushed it back in order to take time to consider whether to stop the execution.  Elliott was the 105th person executed in Virginia since the Supreme Court reinstated the death penalty in 1976.  Virginia ranks second to Texas in the number of executions.

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.

DUI Charges By Questionable Cop Dropped

On October 6, 2009 we published an article about a video of a DUI arrest by Chicago Police Officer Richard Fiorito.  The video sparked controversy because it showed that Fiorito had lied on his police report and that the motorist he arrested for DUI did not appear intoxicated or fail any field sobriety tests.  Yesterday, Anita Alvarez, the current Cook County State's Attorney, ordered that DUI charges against several defendants arrested by  Fiorito be dismissed.  According to a spokesperson for the Cook County States Attorneys' office, the charges were dropped because Fiorito was no longer considered "credible."  In addition, at least 20 other motorists who have previously been convicted of DUI are seeking to reopen their cases and challenge Fiorito's arrest.

It looks like the flood gates are opening and now everything Fiorito did will be scrutinized and called into question.  Congratulations to Anita Alvarez for doing the right and honorable thing.

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's Cameras

On June 11, 2009, we posted an article about Chicago's expanded use of surveillance cameras.  Today, the national media has taken notice and the Wall Street Journal published an interesting article about the same thing.  Civil libertarians are worried that Chicago's expanded use of cameras will usher in the era of Big Brother.  What's interesting about Chicago's use of cameras is not only the 1,500 cameras that police have placed in potential trouble areas, but the integration of private security and surveillance cameras with the city's network.  If you read our article of June 11, 2009, even homeowners have been invited to allow their cameras to feed into the city's network.  One professor at the University of Illinois, Chicago estimates that at least 15,000 cameras feed into the city's network of surveillance cameras.  While there is no way that all 15,000 cameras can be monitored at the same time, when a call is placed into the 911 Emergency Call Center, the system identifies the location of the caller and immediately places a video feed from the nearest surveillance camera on the operators computer screen.  The Chicago police insist that these cameras have aided in the arrest and prosecution of thousands of people arrested for crimes.  The ACLU has made several requests for information about the surveillance cameras but the city has refused to provide the information.  Needless to say, the potential for abuse is great.

To read the Wall Street Journal article, click here.

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