Articles Posted in Weapons Charges/UUW

Today, the United States Supreme Court refused to hear the appeal of a case which upheld the banning of semiautomatic assault weapons in Highland Park, Illinois.  Two Justices, Alito and Thomas, disagreed with the decision to not review the case.  The case had been closely watched but gun rights activists and is of significant 2nd Amendment importance. In 2013 the city of Highland Park Illinois enacted a local ordinance banning high capacity magazines with more than 10 bullets and also banned assault weapons.  The Highland Park ordinance was in response to a Federal Court of Appeals decision which ordered the State of Illinois to enact a conceal and carry mechanism.  The Illinois legislature gave municipalities 10 days to enact restrictions.  Highland Park was one of only 20 municipalitie...

Today I appeared before Judge Haberkorn in the Circuit Court of Cook County – 2nd Municipal District and vacated my clients Unlawful Use of A Weapon (UUW) conviction from August 22, 2006. My client, a family man and an electrical engineer by trade, was arrested for a DUI and the officer found a loaded gun on the passenger side of the car. My client plead guilty to the UUW and the DUI charge – he represented by another attorney when he plead guilty to the charges.Over 10 years later, I was able to vacate my clients UUW conviction based on recent decisions from the US Supreme Court, the US Court of Appeals (7th Circuit) and the Illinois Supreme Court. My filed brief in support of vacating my client’s conviction was thorough and included a detailed analysis of all relevant case law. Our position was so strong, that the Cook County Sta...

This week the United States Supreme Court issued a ruling in a case which expands the ability of the police to search a residence even though they had originally been denied consent. The case started when police arrived at the Los Angeles home of Walter Fernandez for a suspected Robbery.  When the police first arrived at Fernandez’s home, they asked for his consent to enter and search and he did not grant them consent to search.  The police then determined that he had committed a domestic battery on his girlfriend and arrested him.  An hour later, while Fernandez was under arrest at the police station, the police returned to his residence and obtained consent to search from his girlfriend.  When they searched his residence, they recovered weapons and other evidence which connected him to the Robbery.  He was event...

Yesterday, the Illinois Supreme Court issued one of the most important decisions to come down from this court in a long time.  The Illinois Supreme Court ruled that the main part of the Illinois gun law, also known as the Aggravated Unlawful Use of a Weapon statute, is unconstitutional and can no longer be enforced by judges, prosecutors and police officers.  Yet this news has gone largely unreported by the media.  This is a major story.  The implications are truly significant.  For one thing, for defendants currently facing criminal charges for Aggravated UUW, who had a valid FOID card, this means that their cases will be dismissed. This decision opens the door to litigation in which arguments will be made by criminal defendants that their cases should be dismissed even if they did not have an FOID card.  My reading of this case makes me think...

In the case of Moore v. Madigan, a three judge panel of the Seventh Circuit Court of Appeals ruled unconstitutional the Illinois gun law which prohibits ordinary citizens from carrying firearms in public. The panel reasoned that the Second Amendment of the United States Constitution allows citizens to carry a firearm in public for self defense, and thus, enjoined the State of Illinois from enforcing the current Illinois gun law. Although the panel made its decision on December 11, 2012, it delayed enforcement until June 9, 2013 for the Illinois State Legislature to draft a new gun law that allows for reasonable restrictions.  The right to carry a firearm in public is not absolute – the State of Illinois and other municipalities can pass laws that place reasonable restrictions on who can own a firearm and at what places firearms are ...

The Chicago Police Department now posts online the picture and the approximate address of the people who were arrested in Chicago for prostitution related charges – the pictures are removed 30 days after the arrest. See: www.chicagopolice.org/ps/list.aspx. In the last 30 days, 53 people have been arrested for paying or being paid for “love.” The ancient Greeks gave the definition of love four meanings to capture the different “love” relationships we have among us. They are: 1) Agápe; 2) Phillia; 3) Storge and 4) Eros.Agape refers to true love, such as the love a husband has for his wife. Phillia refers to the love one has for a friend. Storge refers to the love of affections. And last but not least, Eros means erotic or sensual love after the Greek God Eros of love – thus the term, ero...

On April 21, 2009, we published an article about the Supreme Court’s decision in Arizona v. Gant.  In this case, The Supreme Court severely limited police officers power to search vehicles after an arrest. In Arizona v. Gant, the defendant had been pulled over for a traffic violation.  The police officer determined that he did not have a valid license and placed him under arrest.  The defendant was handcuffed and placed in the back of the police vehicle. The officer then searched the vehicle and discovered a gun and drugs. The Supreme Court ruled that the search of the vehicle was unreasonable and ruled that the evidence seized in the search had to be suppressed. The court held that in order for the police to search the vehicle the def...

On April 21, 2009, we published an article about the Supreme Court’s decision in Arizona v. Gant.  In this case, The Supreme Court severely limited police officers power to search vehicles after an arrest. In Arizona v. Gant, the defendant had been pulled over for a traffic violation.  The police officer determined that he did not have a valid license and placed him under arrest.  The defendant was handcuffed and placed in the back of the police vehicle. The officer then searched the vehicle and discovered a gun and drugs. The Supreme Court ruled that the search of the vehicle was unreasonable and ruled that the evidence seized in the search had to be suppressed. The court held that in order for the police to search the vehicle the d...