In the immediate wake of her 2013 death, the story of 15-year-old Hadiya Pendleton became a centerpiece of then-President Barack Obama’s anti-crime agenda. The murder trial is now scheduled to begin on April 30, 2018, over five years after Ms. Pendleton was apparently the innocent victim of a gang war. According to prosecutors, Michael Ward opened fire on a group of teens, believing that they belonged to a rival gang. Authorities also charged Kenneth Williams, who was driving the car,...

Just days before the new SB 2034 took effect, there was talk of additional changes to the Illinois pretrial release system in criminal cases. The Illinois Supreme Court plans to create a special Commission on Pretrial Practices, consisting mostly of prosecution and defense lawyers, judges, legislators, and court clerks. In a statement, Chief Justice Lloyd Karmeier said the commission’s overall goal would be a system that limits pretrial detention to those cases that involve defendants who pose clear threats to...

A local woman says she has forgiven the man who pleaded guilty to slaying her daughter in 2007, partially because the man said he was not in his right mind at the time. The woman says that she and perpetrator began corresponding in 2014. They now exchange about 10 letters a year, as he is in the midst of a 35-year prison sentence for the murder of then-25-year-old woman. Investigators never determined a motive for the attack in which he...

In the wake of a DUI arrest, the state almost always suspends the defendant’s drivers’ license. After the suspension period elapses, the defendant’s drivers’ license automatically becomes valid again, assuming the defendant pays a reinstatement fee, presents proof of insurance, and clears another hurdle or two. In the wake of a DUI conviction, the state revokes the defendant’s drivers’ license. After the period expires, the defendant may apply for license reinstatement. At such hearings, drivers have the burden of proof...

As another year draws to a close, many Chicagoland police departments trade in their toy distribution centers for police dragnets that are designed to arrest as many DUI offenders as possible. In every phase of operation, alcohol checkpoints have a controversial history in the nation as a whole, and in Illinois in particular. Statistically, Chicagoland checkpoints are marvelously inefficient. Here are some samples from a recent study: Lake Zurich PD spent $50,988 for 76 roadblock arrests ($670 per arrest), Lake...

Three suburban men are in custody after they allegedly tried to purchase cocaine from an undercover Drug Enforcement Agency operative. According to court documents, the unnamed operative and 53-year-old, Jose Mendoza of Melrose Park, first discussed the possible sale in a Menards parking lot. The affidavit states that Mr. Mendoza said he was looking for a new drug supplier and that he had access to various automatic weapons. One proposed sale fell through after Mr. Mendoza apparently got cold feet;...

Illinois law requires an equitable property division during a divorce proceeding, and that is not necessarily the same thing as an equal distribution. In many cases, 60-40, 80-20, and maybe even 100-0 may be equitable under the circumstances. “Equitable” is not an abstract concept in Illinois law. Instead, the judge makes this determination after considering the 12 factors listed in the Illinois Marriage and Dissolution of Marriage Act. In the event that the case settles out of court, and most...

One local law enforcement agency is convinced that it has found the right tool to reduce the rising number of DUI-Drug cases in DuPage County. Alcohol-impaired drivers still cause about twice as many traffic deaths in Illinois than marijuana-impaired drivers, but the gap is much narrower today than it was 10 years ago. Nationwide, the number of “drugged” drivers exceeds the number of “drunk” drivers, according to the Governor’s Highway Safety Association. So, Carol Stream police will soon use a...

Almost two years to the day after his arrest, a prominent local restaurant owner was cleared of DUI charges. Officers insisted that the 61-year-old man failed field sobriety tests at the scene, but the judge in the case never saw this evidence because the squadcar video evidence was unavailable. Prosecutors claimed that the evidence disappeared because of a technical glitch, and indeed, the arresting officer had reported problems with the onboard system. Nevertheless, defense attorneys implied that the Bolingbrook Police...

The events that took place during Kelly’s police interrogation may have been unusual, but the results were predictable. The next time she saw her questioners, they were providing testimony against her in court, albeit false testimony based on a police officer’s erroneous recording of her statement. What can Kelly do to protect her rights? It is always important to be totally upfront with your criminal defense attorney in situations like these. Everything you say, short of an outline for a...

The protective order saga we discussed in the previous posts shows only the end of the line. Before getting to that point, the police interrogated Kelly for her alleged stalking and harassing of Lizzy, who was supposedly trying to seduce her husband away from her. To recap, police officers took Kelly into custody at her house after Lizzy accused her of stalking. Instead of calling a lawyer and putting a halt to the entire process, she decided to go with...

Much like we did in a previous series, we decided to approach the issue of protective orders in Illinois with a series of blogs, since we get so many questions about such orders, both from people who need to obtain them and want to oppose them. For this series, we will focus on a love triangle. One dark and stormy night, the police come to a well-known actor’s house and ask to speak with his wife, Kelly. Since she is...

When we last left Kelly, the judge had released her on bond so she may return to Dash Riprock’s waiting arms. That is the good news, but the bad news is that the judge granted a protective order that directed her to stay away from Lizzy. No more texting, calling, or showing up at her work unannounced, like she had done in the past. At this point, because of the procedure in Illinois and the botched police interrogation, the judge...

Most law enforcement agencies in this area practice high-profile deterrent policing, especially in areas known for heavy criminal activity. Patrol officers are under intense pressure to make as many arrests as possible because, just like the number of sales is an effective way to evaluate car salespeople, many believe that the number of arrests is the only effective way to evaluate police officers. So, as criminal defense attorneys, people often ask us how they should react to an arrest situation,...

One the pre-arrest stop is over, the tenor of police activity changes noticeably. At this point, the screening phase has ended, and the evidence-gathering phase has begun. Just like criminal defense attorneys go to great lengths to protect their clients, police officers go to great lengths to protect the other members of society, even if these people do not really need such protection. Roughly the same rules apply. While police officers have the right to obtain the evidence they need...