Articles Posted in Criminal defense

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Nearly 1,500 Chicagoans were arrested as violence continued across the U.S. as Americans took to the streets to protest the death of George Floyd. Roughly 80% of those facing charges are facing simple disorderly conduct charges. Chances are, many of the misdemeanor charges will be dropped, although disorderly conduct can be charged as high as a class-three felony in certain situations.

253 cases have been handed over to Chicago’s felony review division. Of those, 184 charges remained, the majority of those relating to unlawful possession of a weapon. Another 40 charges were for burglary. The majority of those cases have been approved and will be prosecuted. 

What is Felony Disorderly Conduct?

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You have likely heard this from both President Trump and your local news anchor. Out-of-state provocateurs infiltrated the peaceful protests to instigate violence and looting. But is it true? Well, they caught at least one man who has been arrested for looting in Chicago, but who also made an appearance at the Minneapolis riots. The man appears to be encouraging others to attack police and destroy private property.

Matthew Lee Rupert has been charged with civil disorder, carrying on a riot, and possession of unregistered destructive devices. These are all federal crimes. 

U.S. officials are attempting to determine if extremist groups had anything to do with the escalating violence. Meanwhile, President Trump has declared Antifa a terrorist group, something that experts are unsure that he has the authority to do, amid reports that far-right groups also may have contributed to the chaos of the past few days.

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Two individuals are facing charges after Chicago police dispersed a gathering in Englewood. 21-year-old Jaquan Hayden is charged with one count of aggravated use of a weapon and two counts of resisting arrest. 42-year-old Sedrick Monroe is facing one count of being a habitual criminal in possession of a firearm.

Monroe was arrested after laying down his weapon in front of a car. He attempted to flee on foot but was eventually caught by officers. Hayden was arrested after a call for shots fired. Police caught up with him running through an empty parking lot. Officers were able to recover a revolver from Hayden. Neither man had a license to carry concealed weapons. 

Three others were arrested and charged with misdemeanors. 

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For millions of Americans, Memorial Day weekend felt like a watershed moment when the momentum of the pandemic finally appeared to be rolling back. Americans came out and enjoyed beautiful weather, picnics, music, and beaches. For Chicago, the city experienced its most violent Memorial Day weekend in five years, and Mayor Lori Lightfoot was not at all pleased.

Lightfoot called out police superintendent David Brown for not strategizing to prevent more violence. Lightfoot said publicly that, “We need to do better,” and that the “weekend’s violence was out of control.”

Memorial Day’s Sad Statistics

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Criminal justice is a complex issue, and it is no secret that innocent people are convicted every day while guilty ones go free. Furthermore, the role that prisons and prisoner health plays in the process of criminal justice is a controversial one. 

Every prison has a duty to the inmates to ensure that their basic needs are met. This means that they remain healthy, fed, and in a sanitary environment. When prisons cannot do this, they are liable to the families if prisoners die under their watch. Families file wrongful death lawsuits against prisons all the time. While prisoners do not make ideal plaintiffs, the government is not an ideal defendant, either. 

So what happens now that you have a pandemic going on? Well, some of those awaiting trial have already been released to their families (depending on the charges) while others, who are considered low-risk, are also being released.

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A University of Illinois student pleaded guilty to disorderly conduct after police discovered that he left a noose made out of string in a dorm elevator. 20-year-old Andrew Smith was sentenced to a year of probation. 

Smith was originally charged with a hate crime, which is a felony. He was also charged with three counts of disorderly conduct, one for each student who was alarmed or disturbed by the noose. 

The charges were reduced and the prosecuting attorney accepted Smith’s guilty plea after he appeared contrite and remorseful. Smith sent a written letter of apology and officers were not able to find anything in his history that would suggest he was part of an organized hate group. 

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Yesse Yehuda, the politically-connected head of the FORUM non-profit, has been charged by federal authorities for misappropriating $200,000 in funds earmarked to develop south suburban properties and fund a workplace training program.

Yehuda has been charged with eight counts of bank fraud and seven counts of wire fraud. 

Where Did the Money Go? 

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A Chicago-area father is facing charges after his son shot himself in the hand with a household gun. Bernard Shields, 36, of Chicago is facing a felony charge of being a habitual criminal in possession of a weapon with a filed-off serial number. He is also facing a felony count of possession of a controlled substance and several misdemeanor counts related to the discharge of the weapon and child endangerment. 

What Happened?

The parents were asleep when the boy found the gun in one of his father’s pants. Anyone who owns a gun should know better than to keep it in their pants when there are children around. He took the gun to the bathroom, ostensibly to play with it, and the gun discharged, injuring his hand. The child was taken to Children’s Hospital where he was treated for his injuries and then sent home. His father fled the scene knowing that police would be arriving shortly, but was later found and arrested. 

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There has been a great deal of discussion recently over the role bail plays in American society. Political pundits who are rallying against bail reform cite instances of re-offense while the suspect is awaiting charges for another crime. Political pundits in favor of bail reform argue that the system is patently unfair and individuals charged with nonviolent crimes rot in jail for a year while the wheels of justice slowly turn.

Now, one charity is being scrutinized by the media after providing bail to inmates who then turned around and offended again.

Habitual Criminal Activity

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Those who are in prison awaiting trial for crimes for which they have been accused are considered innocent until proven guilty. Yet the law has a vested interest in holding some detainees until trial—especially if they are considered either flight risks or a danger to the community. 

Despite that, one Chicago criminal defense attorney was able to get over a dozen Chicago inmates released amid the COVID-19 epidemic.

Prisons and Jails are Responsible for Inmate Safety

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