Chicago Criminal Lawyer’s Blog

How can you prove a controlled substance was used in the tobacco smoking device Mike Phelps used.  I don’t know about other states but in Illinois you still have to prove the substance is cannabis.  The government is just caring about press rather than their duty to seek justice controlled with ability to prove their case.  The government has no good faith basis to prosecute because their is no way they can prove that the substance was cannabis.  Justice also means that you do not prosecute just because it is popular, but rather you prosecute because you have a reasonable likely hood of sustaining a conviction.  If not then you are persecuting not prosecuting.

I was in a branch court a while ago and was amazed at the ignorance of the young prosecutor.  I was waiting in line to talk to the prosecutor to discuss my client’s matter when I overheard a young prosecutor.  The criminal defense attorney asked for an offer for a plea agreement.  The defense attorney asked to look at the reports before he could recommend a plea agreement to his client.  Maybe the prosecutor is unaware but a attorney has an ethical obligation to at least look at the reports before she can recommend a plea agreement to her client.  On this day I was amazed when I heard the prosecutor say “No, you can subpoena them if you want.”  The government and judges complain about cases being on the call to long.  This attorney then had to set the matter for trial in order to be entitled to discovery in order to help dispose of his client’s case.  What a shame?

Prosecutors, we defense attorneys are not asking for those secret reports that are full of Brady material that you don’t want to show us. Rather we just want to be able to tell our client the facts as are alleged by the government.  We want to represent our clients ethically.

What criminal defense lawyer does not revel at the chance to question a witness before a federal trial?  What criminal defense lawyer does not revel at the chance to object because his client’s rights are being violated? What ex-governor doesn’t revel at a chance to turn the tides in his favor?

In state court when we get a chance to question a witness at preliminary hearing it puts a smile on our face.  A criminal defense lawyer that knows the case is getting to the trial division hopes that the government will put a witness on the stand.  We, criminal defense lawyers, may not win the battle at preliminary hearing but the cross examination of the government’s witness gives us a great opportunity to win the war.  I have on many occasions extracted favorable evidence that lead to my client’s success at trial or motion.  The ex-governor should have had a lawyer asking questions of the agent in this case.  I know that the lawyer may have been halted by Supreme Court Justice from an exploration of the facts, but why not try?

I think that the governor, sorry ex-governor, should have sent a lawyer to the impeachment trial in the senate.  While he was getting the ball rolling via the news and talk show media on his claim that he was not given even minimal due process consideration at the impeachment hearing. I agree it was obvious that the Senate would not allow him to call witnesses.  The ex-governor’s attorney could have been making his client’s position about the unfair hearing heard throughout the country.  I would have been asking leave to call witnesses and had the Senate and Supreme Court reject my client’s request on television.  While the Senate tried to show unity by unanimously voting to impeach him there was the rumblings from a few Senators that maybe the process does not meet constitutional muster after all.   I think that the record should have been made.

The ex governeor sucessfully got a few people to understand that he was not getting a fair shake.  I do not mean to say that he has people believing he is not guilty or not impeachable but rather he got people to understand that the process used against him was political and unfair.  It would have been invaluable to have a lawyer asking questions and having the Supreme Court Justice Chief Judge over rule all of the objection or questions.  What a better was to gain sympathy than to show you can not get out information or ask questions?

Tell your client to never turn himself in without a criminal defense attorney present.  They do not understand the rules of the game.  They are playing baseball when the government is playing football and the government tackles your client.  No matter how smart your client thinks she is she is playing the wrong game by the wrong rules.  Lets not forget that the government is known to cheat at the game on occasion.

Tell client’s to be quiet