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The Felony Process in Illinois

by David J. Shestokas, Attorney at Law

Since 1994 when I became an Assistant State’s Attorney for Cook County, I have been involved with persons charged by the State with violating the law. The system is at once complex and simple. It is complex when it is only looked at in bits and pieces. It is simple when there is an overview that provides how each part of the process works with the other. This article is intended as an overview, so that an individual charged with a crime.....

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“Suppression of Evidence”

by Kirk Tarman, Criminal Defense Attorney, San Bernardino County CA

This article is designed to give a layperson a superficial understanding of a motion to suppress.
 
Basically when an attorney says that he is going to attempt to suppress evidence in a criminal case, he is stating that he wants to keep some of the evidence from being used against the defendant.
 
The statutory basis for suppressing evidence in California is Penal Code §1538.5 which states in part:
 
(a)(1) A defendant may move for....

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Wednesday Morning Miscellany: February 13, 2013

Is Veganism a Religion? In Ohio, a vegan hospital employee fired for refusing to take a mandated flu shot is suing on religious grounds (because the vaccination contains animal by-product), claiming that her veganism qualifies as a religious belief. Will 3-D Printers Make Gun Control Moot? Is Bidding On an

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Thursday Morning Miscellany: Stealing Stolen iPhones, Why We Need Assault Rifles, Life After Prison, and Lego Guns in Kindergarten

I want to report my iPhone being stolen.” Well, not technically his iPhone, more like an iPhone he’d just stolen. And after that is where the story gets really strange. This article contains not only a pretty funny ”stupid criminals” story, but also a look at the epidemic of iPhone

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Q&A With Steve Thomas: May 9, 2000

Steve Thomas, one of the lead detectives in the JonBenet Ramsey case before resigning in 1998 (and author of JonBenet: Inside the Ramsey Murder Investigation), joined us for a Q&A session on May 9, 2000. Mr. Thomas made headlines in the summer of 1998 when he resigned from his job,

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News
Arizona execution rekindles death penalty debate

Joseph Rudolph WoodFLORENCE, Ariz. (AP) — The nation's third execution in six months to go awry rekindled the debate over the death penalty and handed potentially new evidence to those building a case against lethal injection as cruel and unusual punishment.


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Pope meets Sudanese woman sentenced to death

Pope Francis meets Meriam IbrahimROME (AP) — Pope Francis met privately Thursday with a Sudanese woman who refused to recant her Christian faith in the face of a death sentence, blessing the woman as she cradled her infant daughter born just weeks ago in prison.


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Suspended WR Blackmon arrested on drug complaint

In this photo provided by the Edmond, Okla. Police Department, Justin Blackmon is pictured in a booking photo dated July 23, 2014. Blackmon, a former standout at Oklahoma State, was arrested Wednesday evening in the Oklahoma City suburb of Edmond on a complaint of marijuana possession. (AP Photo/Edmond Police Department)JACKSONVILLE, Fla. (AP) — Suspended Jacksonville Jaguars receiver Justin Blackmon has been arrested in Oklahoma on a complaint of marijuana possession.


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Curacao official arrested in slain lawmaker probe
SAN JUAN, Puerto Rico (AP) — A former finance minister in the Dutch Caribbean island of Curacao has been arrested as police investigate the 2013 killing of a prominent opposition lawmaker.
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Two-hours Arizona execution sparks calls for rethink on death penalty

Joseph Wood is pictured in this undated handout booking photoBy David Schwartz PHOENIX (Reuters) - Lawyers for a double-murderer whose lethal injection in Arizona dragged on for two hours called for an outside review of the "horrifically botched execution" and prompted new calls on Thursday for the United States to abandon the death penalty. The ordeal in putting Joseph Wood to death on Wednesday at a prison facility southeast of Phoenix followed lethal injections that went awry this year in Ohio and Oklahoma, renewing the U.S. debate over capital punishment. Corrections officials said Wood was never in pain but Rob Freer, a U.S. researcher with human-rights group Amnesty International, asked, "How many more times do officials need to be reminded of the myth of the 'humane execution' before they give up on their experiment with judicial killing?" States that impose the death penalty have been scrambling to find new suppliers of chemical combinations to use in lethal injections after their former suppliers, primarily European drug makers, objected to having their products used to put people to death.


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Listen To The Experts
The California Death Penalty From the Defense Viewpoint
Posted on May 11th, 2014 by Ray Hrdlicka

Wally Farrell, Criminal Defense Attorney in San Bernardino and Riverside County CA, now deceased, was interviewed by Crime, Justice & America about his viewpoint as a Criminal Defense Attorney and the California Death Penalty. How does an attorney deal with those issues? Ethically and morally, how did he do his …

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Suppression, Dismissal, and Discovery Motions
Posted on May 11th, 2014 by Ray Hrdlicka

Motions are one of the most important aspects of a criminal case before getting to trial. Kirk Tarman, criminal defense attorney in San Bernardino County CA, discusses suppression motions based upon the 4th Amendment, dismissal motions, discovery motions, and more… for a glimpse into the preparation of a criminal case. …

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Can You Get Arrested When Protecting Yourself?
Posted on May 11th, 2014 by Ray Hrdlicka

Spencer Freeman, a criminal defense attorney in Tacoma and Seattle Washington, discusses a recent case with Crime, Justice & America where the defendant was charged with brandishing a weapon, obstruction of justice, and more while ostensibly protecting himself on his front porch. A potential important 2nd Amendment case that could …

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Polls
Teacher Fired For Calling Her Students ”Future Criminals” on Facebook
Posted on February 8th, 2013 by Bill Bickel

Jennifer O’Brien, a New Jersey first grade teacher, has been fired for writing on her Facebook page “I’m not a teacher — I’m a warden for future criminals,” and that her students should take part in a “scared straight” program. She’d intended the posts to be read only by her Facebook “friends” of course, but.....

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How Many Gun-Related Deaths Has the United States Seen in the Eight Weeks Following the Newtown, Connecticut Shootings?
Posted on February 13th, 2013 by Bill Bickel
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You Be the Judge: The Case of the Glass Eye
Posted on February 14th, 2013 by Bill Bickel

A man is on trial for puncturing another man’s eye with a key during a fight outside a Philadelphia bar. The victim is on the stand, testifying, when his prosthetic eye suddenly pops out and falls into his hand.....

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