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Recent Blog Posts
Willful Blindness
Most convictions require that the prosecution prove the defendant had a criminal intent to commit the crime. Absent an outright admission, prosecutors have to rely on circumstantial evidence to prove criminal intent. Some defendants have attempted to negate criminal intent by turning a blind eye to criminal behavior.
For example, A, a person with a reputation of being a drug trafficker, asks B to transport a package. Because of A’s reputation, B suspects that the package’s contents may be illegal, but decides to transport it anyway while purposely avoiding knowledge of the package’s contents. This is called ‘willful blindness’ and it has landed many people in jail.
The seminal case holding that willful blindness will not preclude a finding of criminal intent is U.S. v. Jewell. In that case, like the example above, the court had to decide whether ‘positive knowledge’ is a requirement for conviction of a crime that requires criminal intent before a jury can find someone guilty. In Jewell, there was a dispute whether the defendant actually knew that the vehicle in which he was traveling contained marijuana. Defendant argued that he purposely avoided knowledge of any potential drugs in a secret compartment of the car. This so called ‘ostrich defense’, i.e. purposely burying one’s head in the sand to avoid knowledge, did not fly. The court held that there was enough evidence to support a conclusion that defendant was aware of a “high probability” that the vehicle contained an illegal substance. The fact that he did not have ‘actual knowledge’ was not enough to avoid a conviction.
Northwestern Grad to Defend Boston Bombing Suspect
When Miriam Conrad graduated from Northwestern University’s journalism school, she likely did not think that she would be the defense attorney for one of the highest profile cases in the nation. Well, she is. Ms. Conrad, who is the head of the Federal Public Defender’s office in Massachusetts, is going to represent Dzhokhar Tsarnaev, who is accused of using a weapon of mass destruction that resulted in three deaths and hundreds more injured in the Boston bombings.
Ms. Conrad is not new to high profile cases, but representing Tsarnaev will be tricky not only because of the gruesome nature of the attack, but also because of the attention the case has gotten from the media worldwide. It will be difficult for Ms. Conrad to find an untainted jury pool that can keep an open mind for whatever defense she may devise.
Illinois State Police Receive Robbins Rape Kits Dating Back to ‘86
The United States seems to have a great government and justice system, but it can only be kept that way if the people working for our country are kept in check just as any business would keep its employees in check. Recently, Illinois found that it had a bit of work to do to keep it’s law enforcement system running smoothly, when it was found that evidence from rape cases were not being submitted for testing in labs.
The Illinois State Police were sent 51 sexual assault kits from previous cases after they were found untested in the Robbins Police Department evidence room, according to Tom Dart, Cook County Sheriff.
Dart said, “The victims should know they will have their cases heard, and they will be treated like they should have been treated. My goal is to bring justice to these folks.”
He added that the untested kits date back as far as 1986 and they were found alongside guns that were supposed to be sent into the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to trace the ownership for cases as well.
Illinois Teen Accused of Terrorism Pleads Not Guilty
The whole country was turned upside down not too long ago when the Boston Marathon was bombed and there were many injuries and three deaths. The entire nation followed the news and awaited the results of the FBI’s search for those who caused it, then when and if the FBI could catch them and shut down any of their future plans.
Although much of the fuss has died down following the Boston Marathon bombings, terrorism has not stopped. Recently in Illinois, a teenager was charged with and pleaded not guilty to terrorism, according to ABC World News.
The 18-year-old boy, Abdella Ahmad Tounisi, is from a Chicago suburb and has supposedly attempted “to join an al-Quaida-linked militant group fighting Bashar Assad’s regime in Syria,” reported ABC news.
The alleged terrorist stood in court recently with his attorney, who pleaded not guilty on his behalf. The criminal act that Tounisi was charged with is attempting to provide material support to a foreign terrorist group and lying about the operation when questioned by federal authorities.
Woman Takes Plea Agreement for Aggravated DUI
Being arrested and charged with a DUI can be a frightening experience particularly for a person who had no knowledge that a crime was committed. An incident that took place back in December resurfaces in recent news when a woman takes a plea agreement.
The 34-year-old woman admitted to driving while under the influence. Her actions caused the death of a 60-year-old man driving a scooter. However, she claims she did not know she had hit anyone. She thought she had hit the curb only.
Some might say that she was fully aware of what she was doing, getting behind the wheel under the influence and with a revoked license. In addition, the woman denied driving the vehicle but later confessed.
The police say that the woman ran a red light and hit a man on a motorcycle who later died of his injuries. She was later arrested the day of the incident at about 7:00 am, two hours after the incident. She was sentenced to eight years in prison.
Police Chief Accused of Crime in Southern Illinois
The Chicago Sun Times recently reported that an Illinois police chief from the southwest was accused in early May of two felony misconducts for supposedly misusing a pickup truck that was seized in a drug case.
56-year-old Caseyville Police Chief J.D. Roth was accused of not only driving a 2003 Dodge Dakota Ram 1500 pickup truck for police business, but also for personal use instead of selling the truck in an auction as he was instructed to do.
Roth was instructed to get bids from local car dealers and sold it for $7,500 to a dealer whose owner is friends with Roth. He then bought the car back soon after. The state law requires, however, that the vehicle must be sold for the benefit of the public.
Roth has also been accused of personal use of luggage that he bought with public funds.
Although both the luggage charge and the truck charge are each punishable by a fine of $25,000 and five years in prison, Roth’s attorney is confident that his 26 year police career will help to prove Roth’s innocence.
Why a Former Prosecutor is Better Criminal Defense Attorney
Being in the criminal system can be a scary enough situation for anyone. Your future is dependent on what your attorney brings to the table. How it is received by the judge, jury and prosecutor can determine your future. It might seem that too many people have your life at their disposal. Ensuring you are properly represented is crucial, and having an attorney who clearly understands both the defense and the prosecutioncan aid your case immensely.
The level of difference between a prosecutor and a defense attorney is evident in the way each does their job. A prosecutors job is to prove the defendant’s guilt; without proof, the defendant goes free. If evidence is available, the prosecutor will use whatever it takes to win the case. The research, the knowledge of emotional ties to a jury, and ability to appeal to a judge’s reasoning are all tactics a prosecutor uses to win a guilty verdict. On the other hand, a defense attorney has to just implant a seed of doubt to get a not guilty verdict. They do not have to prove anything. They can appeal to emotions as well, but it is to find doubt in the prosecutors story, rather than fact.
Illinois state police receive Robbins rape kits dating back to ‘86
The United States seems to have a great government and justice system, but it can only be kept that way if the people working for our country are kept in check just as any business would keep its employees in check. Recently, Illinois found that it had a bit of work to do to keep it’s law enforcement system running smoothly when it was found that evidence from rape cases were not being submitted for testing in labs.
The Illinois State Police were sent 51 sexual assault kits from previous cases to the Illinois State Police for investigation after being found untested in the Robbins Police Department evidence room according to Tom Dart, Cook County Sheriff.
Dart said, “The victims should know they will have their cases heard, and they will be treated like they should have been treated. My goal is to bring justice to these folks.”
He added that the untested kits date back as far as 1986 and they were found alongside guns that were supposed to be sent into the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to trace the ownership for cases as well.
What is Expungement? Do I Qualify to Have my Record Expunged?
A criminal record is serious and can hurt your future employment prospects. If you have a certain type of arrest, probation, or supervision on your record with no conviction, the state of Illinois does leave it possible for you to get your record expunged under Section 5.2 of the Criminal Identification Act (20 ILCS 263 0/5.2). Expungementeliminates a case brought up against you from your record as if it never existed. Expungement can be a good way to start fresh after an incident.
However, in order to have your record expunged, you must have had no prior criminal offense or municipal ordinance violation.If you have been convicted of either, your records can be sealed, so that your record is not public knowledge.
Expungement or sealing of records can only be applied in criminal cases and not in cases such as traffic offenses, divorces and orders of protection. In cases where you do not qualify for expungement, you can seek out the governor for a pardon for your conviction, in which case your record will be erased for that case. This, however, is quite rare.
Chicago Man Faces Charges for Hit-and-Run
A 40-year-old man from Chicago was involved in a fatal hit-and-run on March 21 and has been charged with “leaving the scene of an injury/death accident, driving with a revoked license, not giving the right of way to a pedestrian and not having insurance,” according to the Chicago Tribune.
Fernando Marin was driving down South Homan Avenue when a woman and her sister were crossing the street. Marin tried to turn left as the traffic lights were changing from green to yellow, but he did not yield to the woman. Ida Quintanilla, 58, was fatally injured in the crash. She was taken to Mount Sinai Hospital where she was pronounced dead. A 35-year-old woman was also injured in the crash. However, her injuries are not life-threatening. Marin continued driving after the crash and fled the scene of the crime without slowing down, according to court documents.
A witness managed to get the license plate number for the vehicle that was involved in the hit-and-run, and authorities were able to trace it to Marin. It turned out that the owner of the truck was the suspect’s girlfriend. There was blood on the car and its grill was cracked.
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