Supreme Court Tosses Wyoming Teens Life Sentence

The United States Supreme Court has thrown out the life sentence of a Wyoming teen convicted of first degree murder and sentenced to life in prison.  The case involves Bear Cloud, who was 16 years old when he was convicted of first degree murder and sentenced to straight life in prison, while two other teens who were also convicted of the murder were sentenced to life in prison without the possibility of parole.  Wyoming law mandates a sentence of life or life without parole for juvenile offenders convicted of murder.  Earlier this year, the United States Supreme Court ruled that state laws which mandate life sentences for juveniles are unconstitutional. But while such laws are unconstitutional the Supreme Court did not invalidate these laws. The Court only required that the laws provide that courts need to consider alternatives to life in prison before imposing sentences to juveniles.  The Supreme Court sent Bear Cloud's case back to the Wyoming Supreme Court so it could consider what further steps should be taken.  The most likely outcome is that the case will be sent back to the trial court to conduct a hearing to determine the level of maturity of the defendant, intelligence and potential for rehabilitation.  The trial court must consider the potential for rehabilitation.

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

RECENT VICTORY - Aggravated UUW Against Security Guard Dismissed

Aggravated Unlawful Use of Weapon charges against a licensed private security guard have been dismissed by Cook County prosecutors. The client was licensed by the Illinois Department of Professional Regulation and carried a TAN cared which gives him the right to carry afirearm when he is on duty. The client was pulled over by the police for not wearing his seat belt. The client told the officer that he was on his way home from his security job and was carrying a loaded firearm. The police arrested the client and charged him with Aggravated Unlawful Use of a Weapon. We went to court with copies of the statute and the paperwork from the Illinois Department of Professional Regulation and convinced the prosecutor to dismiss the charges against our client.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.legaldefenderspc.com or call us anytime at 1-800-228-7295.http://blog.legaldefenderspc.com/search/label/Recent%20Victory

Chicago Camera Vendor Under Investigation

The company that is providing red light cameras to Chicago is under investigation for bribery.  The company, Redflex Traffic Systems, Inc., admitted that they paid the $910 luxury hotel bill for the city official in charge of its camera contract with the city and failed to inform the city for at least two years after they found out about the ethical breach.  The attorneys for Redflex say that the executive vice president who did this was sent to "anti-bribery" training but failed to inform the City of Chicago until reporters started snooping around and asking questions.  The implications are huge. The City of Chicago has brought in over $300 million in revenue from tickets issued by these cameras.  The Traffic Safety Coalition, a lobbying group in Springfield, which helped Chicago Mayor Rahm Emanuel convince the Illinois Legislature to allow the city to put speed cameras in speed zones and school zones is heavily funded by Redflex. Redflex is considered the leading bidder to get the contract to install and operate these new speed cameras.  According to Mayor Emanuel's budget for next year, he is counting on at least $30 million in revenue from these cameras.  Reporters and other independent investigators are discovering troubling links between Redflex and people with ties to the City.  Troubling ties between a deputy commissioner for the Chicago Department of Transportation and the executive from Redflex who is the liaison between Redflex and the City of Chicago.  The payment of the hotel bill involved the deputy commissioner.  Last year, the man who had been in charge of Redflex's contract with the City of Chicago retired and was immediately hired to a handsome salary by Redflex.  Redflex denies any impropriety and insists that their internal investigations failed to reveal that anything seriously wrong occurred.  We will keep an eye out on the relationship between Redflex and the City of Chicago.

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

Supreme Court Considers Mental Competence and Appeals

Last week the United States Supreme Court considered a case which will decide whether a federal judge has the authority to indefinitely stay a criminal defendant's appeal pending a determination that the inmate is mentally competent to assist their attorney in the appeal.  A defendant appealing a death sentence in federal court has a legal right to an attorney but there has never been a determination that the defendant has to be mentally fit to pursue that appeal.  This case involves Sean Carter, who was convicted in Ohio of the murder of his grandmother after he had been released from prison in 1997 and was sentenced to death.  The other case involves Ernest Gonzalez, who was convicted of first degree murder during a burglary in Arizona in 1999 and sentenced to death. The federal judge handling Carter's appeal stayed the appeal until he was mentally competent but the Court of Appeals changed the ruling to allow the part of the appeal that did not require his cooperation to proceed.  In Gonzalez's case the trial judge ruled that his appeal would not be delayed while the Court of Appeals stayed the appeal until he was ruled mentally competent.  The United States Supreme Court heard oral arguments on these cases, which involve a common question of whether a defendant must be mentally competent while an appeal is pursued on their behalf.  Court observers who were at the oral arguments seem to think that the majority of the Court is leaning towards ruling against the proposition that an inmate has to be mentally competent. The Court is expected to issue its ruling later this year.

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

Federal Judge Tosses Search In Spite of Strong Odor of Marijuana

A federal judge in Chicago has suppressed the search of a vehicle in spite of the officer's testimony that in addition to seeing a jar with a green leafy substance inside the vehicle, he also noticed a strong odor of marijuana. In spite of this evidence, the federal judge presiding over the Federal drug case ruled that the police did not have sufficient probable cause to search the vehicle and excluded the evidence recovered during that search, namely, 10 grams of marijuana inside a mason jar, $8,600 in cash and what the government was alleging were drug recipes and a drug ledger.  The underlying drug case against the defendant is still proceeding to trial. The government still has plenty of evidence to support their case.  They have the statement of the defendant, the testimony of a co-defendant, surveillance of the drug making operation, receipts of chemicals and equipment needed to grow and make the illegal drugs, recipes that detail how to carry out the drug manufacturing and emails sent to a co-defendant who didn't realize he was communicating with an undercover federal agent.  What is interesting about this case is how the attorney for the defendant was able to exclude the evidence recovered during the search of the vehicle.  After the police officer curbed the defendant's vehicle, he noticed a mason jar inside the vehicle that contained a "green leafy substance."  That jar has since been lost by the police, so the judge ruled that the jar could not be used to justify the search of the vehicle. The officer then testified that he noticed the strong odor of marijuana and proceeded to search the vehicle. The defendant had been inside a facility that was growing marijuana plants. The government was alleging that the strong odor of marijuana came from the clothes of the defendant. A federal agent even testified that he had been inside the same facility and that the strong odor of marijuana remained on his clothing after he left. The attorney for the defendant hired an expert witness who testified that in order for that strong odor of marijuana to be present, the marijuana plants must be a certain age and at a certain stage of growth to cause the smell to remain on clothing. The expert reviewed a video taken of the marijuana operation and testified that the plants were too young to cause the type of odor that the government was alleging was present at the time of the stop of the defendant's vehicle.  As a result, the judge ruled that the police did not have sufficient probable cause to search the vehicle and excluded all the evidence recovered during that search.

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

RECENT VICTORY - Domestic Battery Dismissed

The prosecutor dismissed Domestic Battery charges against our client on the even of trial after we came to court ready for trial. Our client was charged with committing a Domestic Battery against her sister.  Our client was 4 months pregnant at the time and after the incident, went to court to attempt to obtain an Order of Protection against her sister. When she arrived in court she was arrested and charged with Domestic Battery. Our client currently has a Pardon Petition pending before the Illinois Prisoner Review Board to try to obtain a pardon from the Governor for a criminal conviction that had occurred many years ago. A conviction for a Domestic Battery would have ruined her chances of obtaining a pardon.

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

RECENT VICTORY - Drug Charges Dismissed

The prosecutors dismissed misdemeanor possession of marijuana charges against our client on the eve of trial after we called their bluff and proved to them that we were ready for trial. Our client is currently on felony probation for a Class 2 felony for Battery to a Police Officer. The probation department has already filed a Petition to Violate our client's probation. The judge on the Violation of Probation case warned us that we had to win the misdemeanor possession of marijuana case or else he would violate our client's probation and sentence him to prison. Another client has been spared a potentially lengthy prison sentence.

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