Posted on July 02, 2012 in Assault & Battery

Illinois criminal code sets forth five classes of felony charges.  A felony charge carries much harsher penalties than misdemeanors.  Generally speaking, felony charges carry a minimum one year jail sentence and harsher penalties for repeat offenders.

Class 4 Felony:

An individual convicted of a Class 4 felony faces jail time of 1-3 years in the state penitentiary.  The crime also carries a fine of up to $25,000, if fines are assessed.  Examples of Class 4 felony crimes are aggravated assault and stalking.

Class 3 Felony:

If convicted of a Class 3 Felony, an individual faces jail time of 2-5 years in the state penitentiary.  If fines are levied, they can be up to $25,000.  Examples of Class 3 felony crimes are aggravated battery and aggravated criminal sexual abuse.

Class 2 Felony:

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 Posted on June 30, 2012 in Criminal Defense

The controversy US attorney, Patrick Fitzgerald has stepped down as of Wednesday, June 27, 2012. He is most known for going after popular officials, governor Rod Blagojevich and Lewis “Scooter” Libby in corruption investigations. His resignation came as a surprise to Attorney General, Eric Holder. Holder received the phone call from Fitzgerald announcing his resignation only hours before informing it publicly he would be stepping down. Reasons stating he would be stepping down for personal reasons, unbeknownst to the public for now.

The position will not be left in foreign hands. Set to take his place is second in command as first assistant US attorney, Gary Shapiro. He is well experienced in the office serving for 14 years before taking this new acting position in Fitzgerald’s place. Gaining praising remarks from Fitzgerald, Shapiro has worked diligently fighting mobsters and corrupt political features. Before serving as the first assistant, he worked from 1984 to 1990 as the chief of office’s criminal division.

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 Posted on June 30, 2012 in Criminal Defense

The Seventh Circuit has decided John Wysinger was entitled to a lawyer when asking if he could call a lawyer. Based on the videotape given to the jurors, the tapes show Wysinger being read his Miranda rights in an ambiguous way according to the courts.  Instead of being read he could have counsel before and during the questioning, he was offered counsel before or during counseling. Wysinger reported he thought he had to choose between the two options of when to ask for counsel.

During the interrogation process, John Wysinger admitted to distributing cocaine and being involved in a drug ring. Even after admission the question arose as to whether this admission was taken in violation or not. The courts decided that in fact he had asked for counsel and was not granted any. Wysinger argued this act violated his 5^th amendment rights to have proper counsel. The courts said any video taken after asking for counsel would not be permitted. This included his admission of guilt in both distribution and activity in the drug ring.

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 Posted on June 30, 2012 in Criminal Defense

The Supreme Court ruled on June 25^th that it is no longer constitutional to sentence juveniles to a mandatory life sentence without parole when the crime involves murder.  Two cases came into play during the ruling. Not all judges agreed as the vote was split 5-4. Justice Elena spoke out for the majority saying the old law is “cruel and unusual punishment.” She then went on to talk about teenagers being capable of change.

Two cases were cited during the ruling. Miller vs. Alabama and Jackson vs. Hobbs played a huge part in the justices determining the meaning of the Eighth amendment.  In the case of Miller vs. Alabama, the teen set fire to a neighbor’s trailer after severely beating him. Due to smoke inhalation, the neighbor passed away. Miller was convicted of capital murder after the case was sent to adult court. The defendant’s attorney argues that Miller being only 14 should not be given adult consequences for his actions.

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 Posted on June 29, 2012 in Criminal Defense

The state of Illinois lists three classes of misdemeanors, lesser crimes that carry a lighter sentence than felonies do.  While the exact sentence varies according to the facts of a case, the Criminal Code makes general distinctions between the three classes of misdemeanors.  Anyone facing a misdemeanor charge should consult with an experienced lawyer before appearing before a court.

Class C Misdemeanor:

The lowest class of misdemeanors are the Class C.  An individual charged with a Class C crime faces up to 30 days in jail and/ or up to a $1,500 fine.  The most common Class C offenses are assault, disorderly conduct or possession of less than 2.5 grams of marijuana.

Class B Misdemeanor:

Moving up the scale are Class B misdemeanors.  If convicted of a Class B offense, a person faces up to six months in jail and/ or a $1,500 fine.  Examples of Class B misdemeanors are harassment by phone, trespassing, and  possession of 2.5-10 grams of marijuana.

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 Posted on June 29, 2012 in Criminal Defense

The answer to this question is quite possibly yes! President Obama’s Healthcare Reform Bill was just deemed constitutional and will be upheld by the Supreme Court. Beginning in 2014, all Americans will be required to have health insurance. Now, the President has said that he does plan to allow each state to come up with a menu of their own healthcare options that can be affordable to their residents; this is yet to be seen.

The fact of the matter is, not all Americans can afford healthcare. Some are unemployed or underemployed and cannot pay their necessary household expenses as it is. If you fall into this category, you will need an attorney because not having healthcare will become criminally punishable with fines and/or wage garnishments. President Obama did state that his goal is to be able to provide healthcare plans to all families, and allow families that already have healthcare to keep their plans. Those that will be seeking healthcare will not be able to be turned down by an insurance company due to pre-existing conditions. There are pros and cons to this new Healthcare Bill.

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 Posted on June 24, 2012 in Criminal Defense

William Stuckey of South Webster Ohio was arrested on Friday March 30.  The unassuming 59 year old turned out to be exactly what the Southern Ohio Drug Task Force thought, a major player in the ring between Sciota County and Detroit.  County Sheriff Marty V. Donini said there was a possibility of thousands of Oxycodone pills were being transported to his county from Detroit.

Tips from neighbors were what initially alerted the local authorities about Stuckey.  As it happens, 59 Tripp Street is located across the street from a local park, and was easy for the neighbors to monitor.  Authorities had recently closed down a couple of “pain pill mills” in Ohio,  but say that this has been one of the largest busts since then.

With their search warrant on Friday, investigators found over 3,500 non-prescribed Oxycodone pills that were packaged in ready to sell 100 pill packages.  The pills are estimated to have a street value of $102,000 dollars.  Also seized in the raid were items consistent with a pawn shop; 39 firearms, 2 ATVs, dozens of TVs and video game systems, boxes upon boxes of power and hand tools, a Mustang along with over $17,000 dollars in cash. Donini said “that’s the reason we’re taking a lot more burglary calls – the sale of stolen guns.  A lot of drug traffickers trade for drugs, as opposed to taking cash.”

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 Posted on June 22, 2012 in Assault & Battery

On May 15^th, a man dressed in black and and carrying a gun attacked a man waiting for a CTA train.  The victim sustained several injuries, and the thief escaped with the man's iPhone.  Four Guardian Angels who were waiting for a northbound train saw the attack and attempted to help the victim.  Each of the Angels suffered stab wounds from an unknown accomplice.

Last Thursday, police arrested 34 year old Keith Gunn, and charged Gunn with armed robbery with a firearm and aggravated battery/use of a deadly weapon.  Gunn's arrest came after a combined effort between Chicago police and the U. S. Marshall's service.

But Gunn's accomplice still remained at large.  That is, until Saturday night.

Police say that 23 year old Julius Price dropped by the jail to visit his friend Keith Gunn at the Cook County Jail, and was recognized during his visit.  Police arrested Price for the May 15^th CTA beating outside the gates of the jail.  Following the beating, police released footage of the two men leaving the station, which led to Price being identified as the second suspect.

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 Posted on June 19, 2012 in Criminal Defense

The trial of a woman accused of killing her four year old daughter begins this week in Du Page County. Marcy Webber, 45 of East Nassau, N. Y. and formerly of Woodstock, has a long history of mental illness.

In 2010, Webber was accused of first degree murder following the death of her daughter, Magdelene “Maggie” Webber.  Maggie was found with her throat slashed on November 3, 2010 by Webber's teenage daughter.

Police reported that Maggie was found in Webber's townhouse, almost decapitated, while the words “Divine Mercy” were scrawled on the wall with Maggie's blood.  Webber was found in the home, suffering from a self-inflicted slash wound to the wrist.

According to Webber, she killed her youngest child in an attempt to save Maggie from being raped and sold as an Internet sex slave.  Authorities have reported that there was no credible threat against Maggie.

Before Maggie's death, Webber had lost custody of her older daughters, and received several visits from child welfare investigators.  She reportedly told her oldest daughter that she was being pursued  by secret societies including the Freemasons and the Illuminati.

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 Posted on June 15, 2012 in Criminal Defense

On Saturday afternoon, a robbery occurred at the Bank of America branch at 4046 W. 111th Street in Oak Lawn.  The suspect, 37 year old Charles B. Estell, is no stranger to the law, according to police.

Police reports state that Estell dropped from ceiling tiles in the bank, and proceeded to wave a gun before tying up several employees.  During the attack, he took about $100,000 from the bank.

“I don&t want to kill you or hurt you, I just want the money,” he reportedly told employees.  No one was injured during the robbery.  He then disappeared through the ceiling, according to witness reports.  Police found him stuck in an air duct of a building adjacent to the Bank of America on Sunday morning, and he was apprehended.

After cutting Estell out of the ductwork, police found a loaded semi-automatic weapon on the roof of the building where he was found.  Police believe that it is the same weapon that was used in the robbery.

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