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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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Pro-government Syrian activist arrested after rare public dissent
Syrian authorities have arrested a pro-government activist who launched a social media campaign calling on officials to provide information about hundreds of missing soldiers, residents and activists said on Monday. The arrest on Friday has fueled an already unusually bold push by some government supporters to hold officials accountable for the rising death toll among President Bashar al-Assad’s loyalists. Before his disappearance, activist and lawyer Mudar Hassan Khadur represented a rare but growing voice of public dissent among Alawites, an offshoot sect of Shi’ite Islam to which Assad and many of his top military and security advisors belong. Khadur’s detention has further outraged many in the community, which has typically been more shy about public dissent even as the three-year-old conflict has left few Alawite families untouched by death.
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Six arrested as Malaysian football fans riot

Six people are arrested after football fans rioted and torched a police car in Malaysia, official saysSix people were arrested after football fans rioted and torched a police car in Malaysia before being dispersed by tear gas and baton-charges, an official said on Monday. Local media said about 2,000 people were involved in disturbances after Sarawak's team were knocked out of the Malaysia Cup when they drew 1-1 with rival state Perak. Sarawak FA president Sudarsono Osman told AFP that the incident, which lasted for about two hours late on Saturday, took place despite the presence of 400 police. "But their action to set fire a police car is way overboard... I feel disappointed with the supporters behaviour," added Sudarsono.

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Dozens arrested at Made in America music festival in Los Angeles

Woman sits after she was handcuffed by the authorities during the Made in American music festival in Los Angeles(Reuters) - Seven people were arrested on Sunday at the Made in America music festival in downtown Los Angeles, following an opening day that left more than two dozen people in handcuffs, police said. During Sunday's show at Grand Park there were four felony arrests, including one for battery and the rest for possession of narcotics, besides three misdemeanor arrests, including one charge of public drunkenness, the Los Angeles Police Department said. Another 23 people were given alcohol citations, an LAPD police spokeswoman said. So far about 27,000 tickets have been scanned for Sunday's full day of events, including top-billed stars John Mayer and Kanye West later in the evening.

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Los Zetas chieftain arrested near US-Mexico border

A federal police officer patrols in Tamaulipas on April 26, 2011A leader of the violent Los Zetas drug cartel has been arrested in the northwestern Mexican state of Tamaulipas bordering the United States, officials said on Sunday. Mario Alberto Arce Moreno, 31, was apprehended by federal and state police, who were able to make the arrest "without firing a single shot," according to a press release issued by law enforcement officials. Authorities said Arce is a top figure with the Zetas, one of Mexico's most feared cartels. He is alleged to have been involved in major drug trafficking and human smuggling operations for the cartel, which is said to be responsible for much of the violence that has roiled the northern Mexican states of Coahuila, Nuevo Leon and Tamaulipas in recent years.

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49ers' McDonald arrested for domestic violence

Defensive end Ray McDonald of the San Francisco 49ers tackles Jacquizz Rodgers on January 20, 2013 in Atlanta, GeorgiaSan José (United States) (AFP) - National Football League veteran Ray McDonald was arrested early Sunday morning on charges of domestic violence. Law enforcement officials said the San Francisco 49er defensive end was booked in Santa Clara County jail for "inflicting injury on a spouse or cohabitant." McDonald was questioned and released after posting bail. The Sacramento Bee newspaper reported that McDonald was involved in an altercation with his pregnant fiancee while having a birthday party at his home.

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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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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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