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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
Former coach in Ohio rape case sentenced for probation violation
By Elizabeth Daley STEUBENVILLE, Ohio (Reuters) - A former volunteer football coach who was convicted of lying to authorities in connection with an Ohio high school rape case was sentenced to 60 days in jail on Monday for violating his probation. Matthew Belardine, 27, had served 10 days in jail of a six-month sentence and was on probation after being found guilty in April of lying to police and providing alcohol to minors before they sexually assaulted a 16-year-old girl at his home in 2012. ...
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US fines Alstom record $772 mn in bribery case

Alstom admitted to bribing officials to win power and transportation projects from state-owned entities around the worldFrench industrial giant Alstom will plead guilty and pay a record $772.3 million penalty in a wide-ranging foreign bribery case, the US Justice Department announced Monday. Alstom admitted to bribing officials to win power and transportation projects from state-owned entities around the world, including the Bahamas, Egypt, Indonesia, Saudi Arabia and Taiwan. In total, Alstom paid more than $75 million in bribes to secure $4 billion in projects around the world with a profit of approximately $300 million, US prosecutors said. "Alstom's corruption scheme was sustained over more than a decade and across several continents," said Deputy Attorney General James Cole.


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Former South Carolina sheriff agrees to guilty plea in bribery case
By Harriet McLeod CHARLESTON, S.C. (Reuters) - A former South Carolina sheriff agreed on Monday to plead guilty to conspiring to harbor illegal immigrants, a deal that could land him in prison after a federal judge rejected a similar agreement that would have resulted only in probation. James Metts, 68, became sheriff of Lexington County in 1972 and had been the state's longest-serving sheriff. He was suspended from office in June after being indicted on 10 criminal counts and resigned last week. The conspiracy charge carries up to 10 years in prison and $250,000 in fines. ...
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Convict in 1964 civil-rights deaths won't confess

File-In this June 20, 2005 photograph, Edgar Ray Killen is photographed in a Philadelphia, Miss., court room during a recess of his murder trial for the 1964 slayings of three civil rights workers. Killen, was convicted of organizing the infamous 1964 slayings of three civil rights workers. (AP Photo/Rogelio V. Solis, File)PARCHMAN, Miss. (AP) — Craggy-faced and ornery, Edgar Ray Killen bears the signs of his 89 years. His hands are still scarred and rough from decades in the east Mississippi sawmills. He has a muscular build even as he maneuvers in his wheelchair. Time has not softened his views and he remains an ardent segregationist.


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4th suspect arrested for death in football fight
MADRID (AP) — Spanish police have arrested a fourth suspect for the death of a football fan following a brutal street fight between rival "ultra" groups before a match in Madrid last month.
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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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