The 7th circuit appeal court has just considered the case of Joseph Doornbos. This case highlights some of the important things for residents of Chicago to consider when they are stopped and searched. It specifically looks at pat-downs and whether the police have to have reasonable grounds for suspicion before…
Articles Posted in Criminal defense
Fifth Amendment in Chicago: Double Jeopardy and Lesser Offenses
In a case of double jeopardy, a Chicago cop pleaded the Fifth at trial involving friend’s shooting at his home. A police officer recently refused to answer questions regarding a baffling shooting that took place near his house almost seven years ago. The officer, following advice from his counsel,…
Criminal Procedure in Chicago: Post-Conviction Void Ab Initio
After a conviction for any type of criminal offense in Chicago, the defendant is given the chance to post a criminal defense appeal. It is the right of the defendant. Often, excluding certain cases, this appeal takes place in an intermediate appellate court. Every defendant in Chicago who is condemned…
Felony Conviction Sealing Law Changes
On August 24th, 2017, Governor Bruce Rauner signed House Bill 2373. This bill creates a better future for citizens with criminal records. It increases the amount of convictions that can be sealed by Illinois law. It has made Illinois the national leader in restoring the lives of those affected by…
The 7th Circuit Considers a Legal Challenge to Eight Years in Solitary Confinement
There has been a preliminary hearing to consider whether the civil rights of a prisoner who has been in solitary confinement for eight years were violated. This was not a final ruling but rather permission to proceed with the case. That means that there was either probable cause or serious…
Appeals Court Rules on Drug Dog Sniffing Evidence in Chicago
The use of dogs for gathering police evidence has been debated at the highest levels of the criminal justice system. The 7th US Circuit Court of Appeals recently considered the matter and made a ruling that could potentially have far-reaching consequences. The key issue was the extent to which the…
The Entrapment Defense Against Bribery in Chicago
Although the entrapment defense against a charge of bribery is considered to be largely ineffective by many lawyers, it is nonetheless quite capable of leading to an acquittal. For recent cases, the collapsed trial of former Representative Ray Frias has shown that it is quite possible for an effective lawyer…
Possession of a Stolen Motor Vehicle in Chicago
There are instances in which the crime of being in possession of a stolen motor vehicle is a carrier or access crime. You need a team of competent lawyers in order to avoid upgrading the charges unnecessarily. The car being the instrument for committing the crime or getting away from…
Child Protection Law in Chicago
Of late, the DCFS (Illinois Department of Children and Family Services) in Chicago has been under fire for not properly enforcing child protection law. For example, children have died despite the fact that the department had already instituted proceedings. Many argue that the law was there to protect the victims,…
Clemency Law in Chicago: A Tool for Correcting Historical and Current Mistakes
Although the clemency law is meant to give a second chance to those who have been incarcerated, it can also be used to correct an injustice that has been committed as a consequence of faulty legislation. A case in point are the controversial laws that charge people with murder even…