Chicago Criminal Lawyer Blog
Today, the Chicago Tribune re-published a story that indicates that law enforcement authorities in Chicago may be losing the fight against gun crimes. Everyone is aware of the ridiculous number of gun related crimes in the city of Chicago. It is the subject of national news stories and was the subject of a recent movie by Spike Lee which places the spotlight on the out of control gun violence in the City of Chicago. The gun violence in Chicago entered the discussion in last year’s Presidential campaign. Recently, President Trump has threatened to send in the National Guard to deal with the gun violence in Chicago. Law enforcement authorities and the politicians in Chicago have made fighting the out-of-control gun violence the focus of their collective efforts. However, the Chicago Tribune today re-published a story which should cause the citizens of Chicago to be seriously concerned about whether the authorities are fighting an effective fight against gun violence.
The Tribune reports that since 2012 the average bond set for a felony gun crime has doubled. In 2012, the average bond for a felony gun case was $25,000. In 2016 the average bond for a felony gun case was $50,000. The Tribune reports that this has done nothing to keep gang members off the streets. The number of defendants posting bond has more than doubled from four years ago. Therefore, in spite of the bonds for felony gun crimes doubling, four times as many defendants are getting out of jail on bond than they did four years ago. In 2012, the average number of days that a defendant charged with a felony gun crime spent in jail before posting bond was 42 days. In 2016 that number had dropped to 18 days. Fewer and fewer guns are being recovered by the Chicago Police. From 2012 until the end of last year, 9% fewer guns have been recovered.
Recently, Cook County authorities have been looking closely at reforming the Bond system in the Circuit Court of Cook County. Too many Defendants charged with minor non-violent crimes our spending too much time in Cook County Jail simply because they are unable to afford to post the bond. This is adding strain to the Cook County budget which is already in facing increasing economic pressure. Cook County authorities are trying to come up with a way to reserve precious jail resources for criminal defendants who are identified as posing a danger to the community.
This question cannot be answered with a simple yes or no answer. Unfortunately, the Illinois Unlawful Use of a Weapon (UUW) statute is a little complicated and requires an explanation. Another question I frequently get asked is: How do I legally transport a handgun in Illinois? Here it goes.
The short answer to this question is maybe. But whether you would be convicted of a Domestic Battery for simply slapping your child is a different question. This issue is a little complex so let me take a little time to explain what’s involved with this question.
If you have been placed on Probation this means that you either plead guilty to a felony, or were found guilty after a trial of a felony, and received a sentence of Probation from the court. A sentence of Probation is the sentence that you receive just short of going to jail. The court will require that you do certain things such as get a mental health evaluation and follow all treatment recommendations, get a drug and alcohol evaluation and follow through on any of their recommendations, perform community service or SWAP, get a high school diploma, or whatever other conditions that the court may require. Every case is different and the terms of the Probation will vary from case to case. While you are on Probation you cannot violate the law and you must appear for every court date and for every meeting with your Probation Officer. Plus, you must pay all the fines, fees and court costs.
I woke up to multiple news reports this morning that former National Security advisor, Michael Flynn, has offered to cooperate with Federal Investigators in return for a grant of immunity. I was watching news coverage and notice that the media is not reporting all of the various factors and steps that have to be taken in order for this to happen. The reporting is very simple. However, the topic is certainly more complex than what is being reported. I want to focus on a couple of things that the media is not talking about.
The Kane County State’s Attorney’s Office has a unique program which gives first time non-violent offenders an opportunity to avoid having a felony or misdemeanor conviction on their record. It’s called the Deferred Prosecution Program. The Kane County Deferred Prosecution Program started in 1995 and was originally called “Second Chance.” Prosecutors working in Kane County, as well as criminal defense lawyers, have long sensed that this was a good program with good results. Recently, those beliefs were proven to be true. A study was conducted with the help of Aurora University to study how effective this program was. That study showed that 92% of criminal defendants placed into this program have not been convicted of any crime since completing the program. A 92% success rate is good no matter how you look at it. In my 26 years of practicing criminal law, I have had the opportunity to have many of my clients accepted into this program and agree that it is effective and is a great opportunity for a first-time offender to avoid having a criminal record. Let’s discuss what this program is and how it all works.
TASC Probation is a special kind of probation that is available to criminal defendants who have substance abuse issues and elect to receive treatment for their disorder. It’s a possible sentence that I have explored throughout the years to help my clients avoid a criminal conviction and be able to move on with their lives. TASC stands for “Treatment Alternatives for Safe Communities.” This not for profit organization has offices throughout the State of Illinois in every County that provides treatment services for adults who have substance abuse issues. TASC probation is different from regular drug probation in that you do not have to be charged with a drug crime to receive TASC probation.