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
Last week, Kim Foxx announced that she would be shutting down operations for the domestic violence courthouse for 14 days after one of the employees tested positive for COVID-19. This is despite the fact that there has been a spike in domestic violence complaints during the shutdown.
As of the writing of this blog post, prosecutors had stopped hearing domestic violence cases in all but the most violent or dangerous of situations. The office assured those in difficult situations that they were setting up a means to field complaints by phone. Those in dangerous situations are currently advised to petition judges in civil court for injunctions, restraining orders, and more.
An Uptick Domestic Violence Hotline Calls
You do not need to have a law degree to know that shooting someone while on parole is a parole violation. Nonetheless, Kyle S. Carter was accused of this crime after a drug deal went sour at an Aldi grocery store on Chicago’s west side.
Carter has now been charged with first-degree murder, possession of more than 15 grams of cocaine, and armed robbery. If convicted, he will most likely spend the rest of his life behind bars.
What Happened?
Both Harvey Weinstein and R. Kelly have filed motions with the court for temporary release during the coronavirus outbreak citing health hazards. Weinstein and Kelly are both older with Weinstein being the more vulnerable of the two due to a recent surgery and more advanced age. Both were denied bail by the courts.
But can others be expected to get their bail denied during the COVID-19 outbreak?
The Virus is a Problem for Prisons
Treja Kelley was asked to take the stand against the man who had killed her cousin. After she helped the state secure a guilty verdict, a $5,000 bounty was placed on her head. A few months after she testified, Kelley was shot and killed. She was 18 years old, and she was pregnant.
The man who is accused of killing her, Kevarian Rogers, allegedly bragged about “nailing the girl” who testified against somebody. Rogers is now facing first-degree murder charges for the death of the young woman.
Social Media Posts Will be Used to Convict Him
R. Kelly has been denied a request to seek release from jail during the coronavirus outbreak. The disgraced singer’s attorneys filed a request for bond with the U.S. District Court in Chicago. Attorneys for Kelly claimed that because of his advanced age (53) he was at high risk of contracting and suffering severe symptoms of the coronavirus. Kelly’s attorneys also stated that hand sanitizer and soap are difficult to find at the present moment and that inmates are kept in small cells and are not practicing social distancing.
Nonetheless, the court rejected Kelly’s request and the embattled pop star is not elderly enough to be considered in the high-risk group. Kelly had also undergone a recent surgery for a hernia, but the court ruled that it did not place him in a substantially higher risk group than others. Lastly, federal authorities reported that the prison has enough soap and hand sanitizer for everyone. The final nail in the coffin was that there were no reports of the virus among inmates.
Prosecutors Cite Kelly as a Flight Risk
Curtis Lovelace was charged with the murder of his wife, Cory Lovelace, in Illinois. After a mistrial the first time around, a jury decided that the prosecution had not met their burden of proof and acquitted Lovelace of the crime. Nonetheless, Lovelace was sent a bill for over $40,000 for posting bond and various expenses related to his in-home incarceration. We also spent some time in a county jail before he was able to get friends to lend him the money.
Lovelace is now jobless, family-less, and his life is destroyed. After the acquittal, Lovelace petitioned the court to return the entire $350,000 bond. But instead, they sent him an “administrative fee” for $35,000 and charged him another $5,000 for the 277 days he wore an electronic monitor.
Recently, the Supreme Court of Illinois declined to hear his case.
Each state has its own laws when dealing with quarantine orders. There are also federal laws that lay out penalties for violating a quarantine order. These laws vary widely from one state to another. In some places, like Florida, you can be charged with a misdemeanor and face six months in county jail.
The City of Chicago and the State of Illinois have their own measures in place for meting out punishment for those who violate a quarantine order. In this article, we will take a look at what the law says about staying indoors during this difficult period.
All Sick People: Shelter in Place
In the age of the coronavirus, crime still exists even as the courts are mostly shut down across the United States and especially here in Illinois. In fact, throughout much of the U.S., the criminal justice system is on pause. However, in Missouri, one man has been charged with making terrorist threats after he videoed himself licking deodorant in a Missouri Walmart.
Cody Lee Pfister was arrested by the Warrenton police department after posting the video to social media on March 11. The Warren County Prosecutor’s Office has charged him with making terrorist threats in the second degree. The allegations read something like: Pfister knowingly caused a false belief or fear that a condition or danger was present that involved a danger to life. He did this with reckless disregard of the risk of stirring panic, evacuation, quarantine, or closure.
Making a Terrorist Threat in the Second-Degree
An ex-Chicago cop’s son is free on bail after being accused of shooting three people. 26-year-old Steven Bradley, Jr. is charged with attempted murder. His fiancee put up the $25,000 necessary for his release.
The shootings occurred in Dolton, a small Chicago suburb that saw an uptick in criminal activity. Local law enforcement expressed shock and dismay that Bradley was allowed free on bail after being charged with three attempted homicides.
Violent Crime and Bail
Chicago Criminal Lawyer Blog
