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The criminal justice system has always been stacked unfavorably against the poor, not just in Chicago but across the globe. There is no better place to test this hypothesis than to consider the procedures and law relating to the source of bail hearing (see 725 ILCS 5). Defendants who are charged with drug-related offenses in Chicago will immediately be subjected to a bond hearing. This is designed to assess the money that is required to be posted in order to allow for release from custody pending the case conclusion. The District Attorneys (such as the one in Cook County) have developed a practice model in which the prosecutor requests the judge to hold a hearing about the source of bail funds prior to the bail being posted. Clearly, this is an attempt to ensure that tainted money is not channeled back through the court system. The source of finding may also provide the prosecutor with further evidence of the defendant’s criminality.

Tying the Defendant in Knots

Although the law was designed to capture hardened criminals with extensive networks of resources, the reality is that it merely makes life tough for the small time dealer who has to rely on terrified friends and family to post bail to a court that is potentially going to imprison them all. That is why an experienced defense attorney is important – to ensure that the procedures are applied correctly, consistently, and fairly. The starting point is understanding the fact that not all drug charges warrant a source of bail hearing. The entry point is that of possession of a controlled substance with intent to deliver or alternatively the manufacture of such a substance. Typically it is only the large quantity cases that will warrant the punitive aspects of the hearing.

Kidnapping has often been one of those crimes that captures media headlines and the national imagination. The endless post-court investigations are a cottage industry in themselves. Illinois is not much different from other parts of the US in considering kidnapping to be a serious felony that attracts significant periods of custody as punishment. However, there are situations that are not as clear-cut as the law would have it. For example, in some cases the so-called kidnapper is a parent or guardian to the victim and the report is merely part of an ongoing custody dispute. It is generally accepted that this is one area of the law in which expert advice is of the essence. Most courts would not countenance a defendant representing him or herself in a case such as this in which the potential penalties can be stiff.

Parents and the Dirty Deeds of Divorce

It is not uncommon for warring parents to devise clever means of escaping unfavorable jurisdictions. A classic case in point is taking the disputed child out of the state so as to avoid being subjected to family court rules that are favorable to the other party. In effect it is a despicable abuse of the court process as well as the children involved. However, others might argue that it may be the only way for the aggrieved parent to maintain contact with his or her children. The courts have traditionally taken a strict view of parental kidnapping given the possibility that the victim may end up suffering serious consequences including death.

Justice delayed is justice denied, but in Illinois time can be a great solver of complex puzzles thanks to the use of DNA technologies. Recently there was a case in which a rape suspect was allowed to roam free thanks to a late identification of his DNA results. Criminal defense lawyers are also understandably concerned about the possibility that the interests of justice are not served best by inordinate delays. However there are instances where a delay could actually give the defense some space to mount a successful challenge to the evidence that has been presented by the prosecution.

The instant case was that of Javariee Reed (27) who was charged with sexual assault for an incident that occurred in 2007. The victim as 15-years old at the time of the incident and mentally disabled. The reason for the significant delay was the negligence of the South Suburban Police Department which had failed to act on information that was provided to it by the Illinois State Police about a possible DNA match. The case illustrates how a few mistakes on the part of the law enforcement agencies can lead to significant problems for not only the victims of crime but also criminal defendants.  

Running a Criminal Justice System Smoothly and Effectively

We have seen in the news, a rash of videos regarding police encounters with drivers that started out as routine traffic stops, but then escalated out of control, resulting in violent arrests. One such incident made worldwide news when a traffic stop ended with the driver being arrested and ultimately committing suicide while in police custody. The story of Sandra Bland is a prime example of how not to deal with a traffic stop, even if you feel that the police officer has violated your civil rights during the process of a stop and possible search.

The Incarceration of Sandra Bland

Sandra Bland, a Chicago resident, was on her way to a new job she had taken at the Prairie View A&M University in Texas, when she was stopped by a police officer for what appeared to be a routine traffic stop. Tensions mounted between Bland, who thought that the police officer was violating her civil rights during the stop, and the police officer who believed that Bland was being unnecessarily uncooperative by resisting his inquiries.