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Posts tagged "Criminal Defense"

Black people may face harsher punishments than whites

In Illinois, black people who are charged with crimes are likelier to be convicted of the charges that carry jail time and to receive harsher punishments than those who are white. While the disparate treatment of suspects by law enforcement officers has long been studied, a new study analyzed the treatment of defendants by prosecutors and the courts, finding that the disparate treatment continues within the court system.

The elements of a tampering with evidence case

Illinois residents can be charged with tampering with evidence if the authorities believe that the accused individuals attempted to conceal, alter, falsify or destroy the evidence. This evidence can include any object or documentation that could potentially be useful to a police investigation or inquiry.

Man awarded $13 million for wrongful conviction case

On April 12, it was reported that an Illinois man who spent 21 years in prison received a $13 million award for a wrongful conviction. The man was convicted and incarcerated after he signed a murder confession that was allegedly drafted by Cook County prosecutors and officers with the Chicago Police Department.

When prosecutors hide evidence during a trial

When a defendant in Illinois is first handed charges, the investigation into their case is usually not complete. In fact, a lot of evidence may be discovered up to the date of the final ruling. If prosecutors find evidence that may point to the defendant's innocence, they are obligated to reveal it to the criminal defense attorney.

Being charged as an accomplice of a crime

Illinois residents who are accused of helping or encouraging another person to commit a crime could potentially be charged as an accomplice. Someone who is accused of being an accomplice can potentially face a prison sentence and other serious consequences.

What impact will the recent Supreme Court decision have on DUI investigations?

We’ve been looking in recent posts at a recent Supreme Court decision which held that states may not impose criminal penalties upon DUI suspects who refuse to submit to blood testing. Taken together, the recent ruling and the McNeely decision mean that law enforcement officers must ordinarily have a warrant before taking a blood draw, and may not criminally punish a DUI suspect for refusing to submit to blood testing.

Supreme Court rules states may not criminalize blood test refusal, P.2

Previously, we began looking at a recent U.S. Supreme Court ruling which held that states may not, under constitutional law, impose criminal penalties for a drunken driving suspect’s refusal to submit to a blood test. The case is significant not only because of the impact it will have upon the enforcement of drunken driving laws, but also because of the way it resolved previous case law.

Supreme Court rules states may not criminalize blood test refusal

Search and seizure issues are important to explore when building a defense in drunk driving and drug cases. Despite the public safety risks posed by drunken driving and drug trafficking/use, criminal suspects still have constitutional rights that need to be protected.

Chicago woman accuses officers of framing her in 2009 drug arrest

Our readers may have heard about the Chicago woman, formerly from a South Side housing development, who is suing three police officers for allegedly kicking her apartment door in and placing bags of crack cocaine outside her window back in 2009. The woman was acquitted of drug charged at trial after the incident, but she took the matter further by pursuing the officers.

Numerous drug cases in limbo in wake of drug lab scandal

Our Chicago readers may be interested in a case out of Massachusetts involving a chemist who is accused of deliberately faking test results on drug samples in numerous criminal cases. The 35-year-old chemist faces a host of charges-27 total-including obstruction of justice, tampering with evidence, perjury and pretending to hold a college degree.

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DMC - Law Offices of Damon M. Cheronis

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