Forbes Most Dangerous Cities

Forbes Magazine has released their list of the country's most dangerous cities.  In order to qualify, a city has to meet some basic criteria.  The city must have a population greater than 200,000.  The statistics are compiled by looking at the number of violent crimes per 100,000 citizens.  Violent crimes is defined as murder, voluntary manslaughter, forcible rape, armed robbery and aggravated assault.  The top five cities are set forth as follows:

1.  Detroit, Michigan - First place with 345 murders and 1,111 violent crimes per 100,000 citizens.  

2.  Memphis, Tennessee - The poorest large city in the United States.

3.  Springfield, Illinois - Springfield just barely qualified to be included in this survey because they only have a population of 206,601.  The high crime rate is associated with the fact that 44% of Springfield's population is under the age of 44.  Crime is associated with the youth.

4.  Flint, Michigan - High unemployment for a long period of time.

5.  Anchorage, Alaska - Anchorage has been hit by a big methamphetamine problem.  Plus, there is a high rate of forcible rapes.

Rounding out the top ten is Lubbock, Texas at number 6, Stockton, California at number 7, Tallahassee, Florida at number 8, Las Vegas, Nevada at number 9, and Rockford, Illinois at number 10.  

Other than Michigan, Illinois is the only other state with the distinction of having 2 of its cities on the top 10 list of the country's most dangerous cities.

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 Missed Deadline Capital Case

In 1995, Cory Maples shot and killed two friends in an Alabama bar after a night of drinking and doing drugs.  He was convicted of murder and sentenced to death.  Maples wanted to appeal the death sentence because his attorneys failed to argue that he was impaired at the time of the murders so as to avoid the death penalty.  His initial appeal was denied and the court clerk sent his attorneys notice that under local court rules that they had 42 days to file an appeal.  The two young attorneys that were handling his appeal had left the law firm and the notice was returned to the Clerk of the Court marked "Return to Sender - Left Firm."  The 42 day deadline to file the appeal expired and Alabama prosecutors took a hard line and fought Maples' efforts to pursue his appeal claiming that the time to file an appeal had expired and his case was over.  The United States Court of Appeals in Alabama agreed and barred Maples from pursuing his appeal.  Yesterday, the United States Supreme Court took up Maples appeal.  The issue is whether a defendant sentenced to death can pursue his appeal even though he missed court filing deadlines?

According to published reports, during oral arguments, the majority of judges seemed sympathetic to Maples.  Only one justice, Antonin Scalia, seemed to be siding with the prosecutors.  Scalia seemed to believe that since Maples had a local lawyer, he had ample opportunity to be informed of his appellate rights.  But the Chief Justice pointed out that the local lawyer did nothing on the case and only seemed to have his name on the case. Even Samuel Alito, another very conservative justice, seemed to indicate that Alabama prosecutors were wrong to oppose Maples' attempts to pursue his appeal.

The case is Maples v. Thomas, 10-63.

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 Refuses To Hear Potentially Landmark Gun Control Case

Yesterday, the United States Supreme Court refused to hear the appeal of a potentially landmark Second Amendment case that gun control advocates and opponents had been watching closely.  The case is Williams v. Maryland.  In the Williams case, police noticed Charles Wiliams rummaging through his backpack at a bus stop.  The officer drove past Williams and noticed that he placed something in a bush next to the bus stop.  The police officer recovered a gun and arrested Charles Williams.  He was convicted on the gun charge and ended up serving one year in state prison.  Williams appealed his conviction claiming that Maryland's gun laws were too restrictive because he was not doing anything illegal and was merely transporting the gun from his home to his girlfriend's home when he was stopped by the police and arrested.  The Maryland Supreme Court upheld the constitutionality of Maryland's gun law noting that the United States Supreme Court's previous decisions established a right to possess a firearm inside the home, not outside of the home.  Williams argued that the Supreme Court had established a right to possess a firearm for lawful purposes, including outside of the home.  

The Supreme Court's decision to deny review of the case suggests that previous Supreme Court precedent establishing the right to own a firearm is limited to owing a firearm inside one's home.  The Supreme Court is waiting for brief's on one more Second Amendment case that may be reviewed this term and there are other gun cases working their way up to the Supreme Court.

The case is Williams v. Maryland, 10-1207.

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.

Sheriff Sting Nabs 100 Fugitives

The Cook County Sheriff nabbed 100 wanted fugitives in an interesting hoax that lured them to a warehouse where Sheriff's deputies were waiting.  Details of the operation will be revealed in a press conference scheduled for today but it appears as if the Sheriff's office set up a fake company called "C.W. Marketing."  C.W. Marketing stands for Central Warrants, the office in charge of handling the operation.  Officers mailed bogus offers for free electronics devices to the last known addresses of wanted fugitives.  When the wanted fugitives showed up at the warehouse to claim their free items, they were arrested.

This operation is similar to other operations carried out throughout the United States that have been used to nab wanted fugitives.

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 Analyze Shootings In 2 High Crime Neighborhoods

In an effort to try to reduce the number of shootings, a Chicago City Council Committee has decided to try a study that analyzes all shootings, fatal or otherwise, of individuals under the age of 21 in the 11th District and the 4th District.  These 2 districts are considered to be among the city's most violent districts.  In the last few years, shootings involving youth's have been on the rise in the city.  Several of the cases have attracted national attention.  The program endorsed by the Chicago City Council Committee was patterned after a similar program in Milwaukee.  The program takes data from the Chicago Police Department, several other government agencies and some not for profit groups and seeks to come up with new tactics to try to target the causes and cures for such crimes.  The program in Milwaukee helped cut in half the number of shootings in the neighborhoods that were targeted.  The panels that would be conducting the studies would be made up of representatives from the Chicago Police Department, Chicago Department of Health, Chicago Public Schools, several state and local social service agencies and a child policy center at the University of Chicago.

The full City Council is scheduled to vote on the measure next week.  Passage is expected.

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.

Crime Rate Decreases Nationally Fourth Year In a Row

The FBI reports that the violent crime rate decreased nationally for the fourth year in a row.  In addition, property crimes decreased nationally for the eighth year in a row.  The news was released in the FBI's annual Crime in the United States report for 2010.  Violent crimes decreased by 6 percent and property crimes decreased by 2.7 percent compared to 2009.  In spite of the national decrease, some cities in the Northeast experienced double digit increase in the number of murders.  The major cities include New York, Boston and Newark.  The FBI's data is compiled with figures provided by 18,108 city, county, state, university and college, tribal and federal agencies that voluntarily agree to participate in the FBI's annual study.  Last week the Department of Justice released a report indicating that the national violent crime rate decreased by 13 percent in 2010.  

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.