Chicago Criminal Lawyer Comments on Voting Rights for Felons

This Chicago Criminal lawyer posted here about voting rights for felons.  She wants to remind you that each state has different laws on whether felons can vote, and if so when can they vote and how can they vote.

In Illinois, being a convicted felon is not a bar to voting.  That said, convicted felons are barred from voting while they are incarcerated.  This is the case in every state, except for Maine and Vermont.  Those states do permit convicted felons to vote while incarcerated via absentee ballots.  

Constitution of Illinois:

ARTICLE III 

SUFFRAGE AND ELECTIONS

SECTION 2. VOTING DISQUALIFICATIONS
A person convicted of a felony, or otherwise under
sentence in a correctional institution or jail, shall lose
the right to vote, which right shall be restored not later
than upon completion of his sentence.
(Source: Illinois Constitution.)

There is no bar to voting while a case is pending. There is no bar to voting for misdemeanor convictions in Illinois state courts.

Tomorrow is Election Day!

Chicago Criminal Lawyer Comments on Pardons and Mistakes Were made

This Chicago Criminal lawyer has heard it time, and time, and time again.  "That was so long ago".  "Why are they bringing up a case from when I was a kid?" "I was all set to get this job and then they ran a background check and now they won’t hire me."

It isn’t fair but when you get charged with a crime, the easiest thing in the world, at the time, may seem to be to plead guilty.  You may not have chosen your lawyer, or perhaps you spent the night in jail already and the Government is telling you if you plea now this case will be over.  Unfortunately, they don’t really mean that.

So what happens if you did something horrible when you were “young and dumb” but now you are an upstanding citizen?  Well maybe you qualify for an expungement, but you have to know that expungement is an all or nothing process. So perhaps you had a DUI case where you got supervision ten years ago and then you got charged with a serious criminal charge, like murder, and you beat the murder charge.  You probably want to get the murder arrest expunged, removed from your background, but you won’t be able to because of the “all or nothing” nature of expungement.   You can’t expunge the old DUI.  So, that leaves you with a Pardon or Clemency.  This is not easy.

Just ask this guy:

From the Chicago SunTimes:

 State law bars felons from holding municipal office in Illinois, and Alpogianis had been convicted      more than two decades ago of aggravated battery.

But if Alpogianis runs again — and he plans to — his record won’t be an obstacle. He was one of 43 people pardoned this summer by Gov. Pat Quinn.

Alpogianis, 46, is probably best known as a member of the family that owns Kappy’s Restaurant & Pancake House in Morton Grove and the America’s Dog locations in the Loop and Lincoln Park and at Navy Pier and O’Hare Airport.

Cook County State’s Attorney Anita Alvarez argued unsuccessfully against clemency for Alpogianis, praising him for urging children to avoid the mistakes he’d made but adding, “Perhaps the greatest lesson for these youth is that when you commit violent crimes, they can never be erased.”

Pardons come from the sitting governor in the state where the crime occurred or the President of the United States of America.  Yep.  That’s not easy is it?

Chicago Criminal Lawyer Comments on the Costs, to the Taxpayer, of Justice

Mr. Government: “ I used to take into account when making  a recommended sentence the length of time they would be in jail, but I no longer consider that my problem.”

Me:  “We just can’t afford it.”

Mr. Government: “You mean you can’t afford it as a defense attorney?”

Me: “ No. We can’t afford to house non-violent offenders as taxpayers.”

Mr. Government: “That’s not my job.  I leave that to the Sheriff.”

Just the other day I had a conversation like that, again, for like the billionth time with a prosecutor.  My client wasn’t even facing jail, but it’s time we all address the cost of incarceration since we are all paying for it.

From the Chicago Tribune:

Cook County Jail inmates stuck behind bars because they can't come up with small amounts of money to go free while awaiting trial for non-violent offenses will automatically go before judges to possibly get their bail reduced under a plan announced by Cook County Board President Toni Preckwinkle today.

          Inmates always have been able to request that judges reconsider their bond amounts.  


            But a panel convened by Preckwinkle to study bond court in Cook County recommended the step become    
            standard in cases where defendants remain in jail despite needing $10,000 or less to walk out.

Preckwinkle said she does not know how much it will cost to make the changes, or where the cash-strapped county will get the money. But she said enacting the reforms is a matter of fairness.
"I can't tell you (the cost), but I think the long-term goal is to reduce the jail population without endangering the citizenry or the defendants," Preckwinkle said.

         It costs about $143 per day to keep an inmate at Cook County Jail, Preckwinkle said.

$143 per day is an awful lot of money.  I’ve had clients spend over 60 days in jail before their families hired me and I was able to get the bond reduced while they await trial.  Anyone else think almost $10,000 (assuming the inmate never got ill while in custody, because then the price would be higher) is too much for an accused awaiting trial on a non-violent offense?  Then there’s the issue of the accused pleading guilty, just to get out of jail, even if they believe they aren’t guilty.  Where’s the fairness in that?

Chicago Criminal Attorney Comments on Legislation to Restore the Death Penalty

This Chicago criminal defense attorney has posted here, about the Illinois death penalty moratorium, now it appears your legislators in Springfield think the death penalty should come back.

House Bill 5912:

Amends the Criminal Code of 1961 relating to first degree murder. Adds and eliminates aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates provision that abolishes the sentence of death. Enacts the Capital Crimes Litigation Act of 2012. Provides that all unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund on the effective date of the amendatory Act shall be transferred into the Capital Litigation Trust Fund.

Three things to consider:

Capital punishment is almost never a deterrent to crime

Civilized People don't kill other people

After a sentence of death, there are extraordinary litigation expenses, borne by taxpayers, by the condemned to appeal.

Can we really afford to reinstate capital punishment here in the land of Lincoln?

Chicago Criminal Attorney's Open Letter to The Honorable X

Dear Your Honor X:

I was shocked when I heard this today; I really hope it’s just a horrible rumor.  Unfortunately, it just doesn't ring false.

I heard that you thought the Young Prosecutor would agree with you.  You probably thought he felt the same way you did.  Fortunately, for those of us who care about justice, this young prosecutor included, he doesn’t agree with you.

If you think you deserve to wear a robe and decide the fate of lives before you then surely you must have misspoken.  I would rather believe the Young Prosecutor just doesn’t like you.  Although, I must admit, I’ve never heard him speak poorly of anyone, defendants included, in the years that I’ve known him.

But, to come quickly to my point, because I know your time is valuable, if you earnestly can’t conceive of a time that you would ever believe a word coming out of a defendant’s mouth, as you said to the Young Prosecutor, please, please for the sake of justice, step down from your position as judge.

I’m ever grateful that the Young Prosecutor didn’t agree with you and even told other defenders of justice exactly what you said.

So please don't be offended when my peers and I smile and politely ask for a Substitution of Judge for each and every matter before you.

Respectfully,

Ava George Stewart

Chicago Criminal Attorney Wonders Why Santa Can Be More Realistic Than Justice

You already know that in Illinois you have a right to a jury trial. The Constitution of the State of Illinois states, “The right of trial by jury as heretofore enjoyed shall remain inviolate.”  Additionally, that means a group of citizens must reach a unanimous decision.  But one of the difficulties for defense attorneys across the country is to acknowledge the practice of a jury tax.

A jury tax is not a payment made in the form of money.  It is not a punishment imposed on the members of the jury.  A jury tax is an unseemly, and unconstitutional, practice where a judge will sentence the accused more harshly, assuming a guilty verdict, simply because the accused chose to exercise her or his constitutional right to a trial by a jury.

Rarely will a judge admit to administering a jury tax, but if you are a lawyer, that old saying about “knowing your judge” is essential when providing the best advice you can to your client.

How can jury taxes be eliminated when judges won’t acknowledge the existence of such a thing?

Chicago Criminal Attorney Comments on the U.S. Supreme Court's Reversal of the Stay of Execution for Troy Davis

Whoa!  Any moment now, Troy Davis will take his last breath.  A few hours ago, The U.S. Supreme Court weighed in and the imminent execution was off, now the U.S. Supreme Court has decided to let the State of Georgia continue meting out its version of Justice.

From the Atlanta Journal Constitution, moments ago:

The Supreme Court late Wednesday rejected an 11th-hour request to block the execution of Troy Davis, who convinced hundreds of thousands of people but not the justice system of his innocence in the murder of an off-duty police officer.

The court did not comment on its order late Wednesday, four hours after receiving the request. Davis' execution had been set to begin at 7 p.m., but the high court's decision was not issued until after 10 p.m.

Is this the America that makes you proud?