Tuesday, January 19, 2010

Medical Marijuana Bill Signed In New Jersey

In his last official act as Governor of the State of New Jersey, Jon Corzine signed the recently passed medical marijuana measure into law.  The legislation, known as the "Compassionate Use of Medical Marijuana" bill, makes New Jersey the fourteenth state to legalize medical marijuana.  However, the New Jersey measure is considered to be the toughest piece of medical marijuana legislation in the United States.  The legislation does not allow people to grow their own marijuana or to use it in public.  In addition, it only allows the use of marijuana for certain stated illnesses.  The marijuana can only be obtained through state licensed and monitored dispensaries. 

In the past year the federal government has announced that it will stop raiding dispensaries and will allow states to pass their own measures when it comes to medical marijuana.  This new policy is a sharp departure from the position of the Bush Administration.

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.

2 Local Men Charged With Plot To Kill Prosecutor And DEA Agent

Two DuPage County men were charged in the Federal District Court for the Northern District of Illinois with plotting to kill a federal prosecutor and a DEA agent.  Charged were Jack Mann of Naperville and Frank Caira of Downers Grove.  Apparently, Mann approached an ex-convicted convicted of murder and asked the ex-convict to kill the prosecutor and the DEA agent who were pursuing a drug case against Caira.  The understanding was that the price would be four kilograms of cocaine.  Mann apparently indicated that Caira would be doing the paying.  Mann appeared in court today and Caira is scheduled to appear on Thursday.  The case is being handled by prosecutors from Indiana.  The Illinois office has recused itself from the case.

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.

Wednesday, January 13, 2010

Cover Up Of Immigration Deaths In Jail Exposed

Last week, the New York Times published an article about a vast government cover up of men and women who die in our nation's immigration jails.  Since October of 2003, 107 immigrants have died while being held in jails by Immigration and Customs Enforcement.  The New York Times and the American Civil Liberties Union made a request under the Freedom of Information Act in which they received thousands of pages of documents which detail the lengths to which government officials went to try to keep the deaths under wraps.  They uncovered damaging confidential reports, confidential memos and Blackberry memos which are very damaging.  They have uncovered evidence that officials intentionally lied and did everything they could to cover up mistreatment of inmates.  They even uncovered falsified medical logs.  One case showed that an inmate who died had been given Motrin.  Problem is that when the drug was supposedly given, the inmate had already died.

The Obama administration has vowed to overhaul the immigration system.  However, critics complain that the system will not change as long as the immigration system has no oversight from outside agencies.  The immigration officials will be in charge of policing themselves.

To read the entire article, please click here.

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.

Tuesday, January 12, 2010

Military Service And Sentencing

We would like to call your attention to a very interesting article that appeared in the Wall Street Journal on December 31, 2009.  The article discusses the growing deference given to defendants with military experience by courts throughout the country when it comes to imposing criminal sentences.  While whether a defendant served in the military has always been a factor in sentencing, there is a rising concern among legal experts that giving special treatment to military veterans risks establishing an unfair criminal justice system.  The article points out that the momentum for special treatment to military veterans is growing.  19 counties and cities have started special courts for military veterans.  The goal of these courts is to keep military veterans out of prison. 

To read the entire article, please click here.

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.

Update On Prosecutor Immunity Case

This is an update to our November 4, 2009 post which discussed the United States Supreme Court case of Pottawattamie County v. McGhee, 08-1065.  On January 4, 2010, the Supreme Court dismissed the case.  The central question in the case was whether prosecutors who knowingly procure false testimony that leads to a wrongful conviction can be sued for monetary damages.  The wrongfully convicted men spent 26 years in prison for a murder they did not commit.  An investigation revealed that the prosecutors in the case helped assemble and present false testimony that led to the wrongful convictions.  The wrongfully convicted men later sued the prosecutors and the prosecutors fought the lawsuit by claiming that they had absolute immunity from civil lawsuits.  By dismissing the lawsuit, the Supreme Court passed on deciding this issue and leaves this question 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.

2009 Murders Drop

Following a double-digit increase in the murder rate in 2008, 2009 saw the same murder rate drop by 11 percent.  There were 453 murders in Chicago in 2009 compared to 511 in 2008.  Experts believe that the double-digit increase in 2008 was an anomaly.  The murder rate has been declining nationally for many years.  Last year's increase was not expected.  Experts are unsure about why the murder rate declined in 2009 but Chicago Police Superintendent Jody Weis is quick to take credit for the drop in the murder rate.  He cites the reorganization of the city crime gang teams, the increased use of informants, increased efforts to patrol neighborhoods and encouraging commanders to come up with innovative and creative ways to deal with their respective 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.

Marijuana Legalization Measures Moving Forward

The fight to legalize marijuana has made some significant steps this week.  New Jersey became the 14th state to approve the use of medical marijuana.  The New Jersey Legislature passed the measure yesterday and it may be signed into law as early as next week.  The legislation allows patients suffering from illnesses such as AIDS, cancer, multiple sclerosis and muscular dystrophy, the right to use up to 2 ounces of marijuana grown and distributed through state approved dispensaries.  The state will be allowed to set the price for the marijuana but insurance companies will not be required to pay for it.  The measure passed with comfortable margins in both houses of the New Jersey legislature.  After the measure passed, supporters erupted in applause and hugs and tears.

Meanwhile, a bill seeking to legalize marijuana in California won initial approval from the state's public safety committee.  While the vote seems to be purely symbolic, supporters of the legislation consider it an important first victory for the measure.  The reason this may be a symbolic victory is that the measure is actually going to be on the November ballot and voters may be able to pass the measure at the ballot box.  The legislative measure would allow adults over the age of 21 to grow and possess marijuana and would allow the state to charge a $50 per ounce fee and a 9% sales tax on retail sales.  State revenue collectors have estimated that the State of California stands to make as much as $1.4 billion in revenue.

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.

The Legal Defenders, PC

70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 * Fax: (800) 604-0507