Chicago Criminal Lawyers Court Call – 12/20/2012

Raymond Wigell and Huma Rashid were scheduled to be at the Cook County Courthouse in Markham, Illinois, this morning. We were appearing on two different felony cases, so it was a light morning. Both of the court appointments were status hearings for discovery. The discovery process is a detailed exercise and often frustrating, but is necessary for a proper evaluation of the case.

In the first status hearing, our client stood accused in a three (3) count indictment with the charges listed below:

• Aggravated Unlawful Use of a Weapon – Firearm Uncased, Loaded and Immediately Accessible: 720 ILCS 5/24-1.6(a)(1)(3)(A)
• Aggravated Unlawful Use of a Weapon – No Valid FOID Card: 720 ILCS 5/24-1.6(a)(1)(3)(C)·  ·
• Aggravated Unlawful Use of a Weapon – Person Under 21: 720 ILCS 5/24-1.6(a)(1)(3)(I))
  
  
  
  
  We appeared for the purpose of obtaining a status update on the digital recording of a 9-1-1 call made in the matter, for which the State had previously issued a subpoena.
  
  
  
  
  The State appeared and stated that a subpoena was not returned as of today. We are hopeful the State continues to work diligently to obtain a copy of the 9-1-1 call that was placed. Afterward, we met with the client and his family to relate what had happened and when the next court date was.
  
  
  
  
  In the second hearing, our client stood accused in a thirty-one (31) count indictment with the charges listed below:
  
  
  
  
  · Four (4) counts Attempted Murder in the First Degree: 720 ILCS 5/8-4(a), 720 ILCS 5/9-1(a)(1)
  
  
  · Five (5) counts Home Invasion: 720 ILCS 5/12-11(a)(3)
  
  
  · Four (4) counts Armed Robbery: 720 ILCS 5/18-2(a)(2)
  
  
  · Seven (7) counts Aggravated Kidnapping: 720 ILCS 5/10-2(a)(6)
  
  
  · Two (2) counts Aggravated Battery with a Firearm: 720 ILCS 5/12-4.2(a)(1)
  
  
  · Two (2) counts Aggravated Discharge of a Firearm: 720 ILCS 5/24-1.2(a)(2)
  
  
  · Five (5) counts of Aggravated Unlawful Restraint: 720 ILCS 5/10-3.1
  
  
  · One (1) count of Aggravated Unlawful Use of a Weapon – Firearm Uncased, Loaded and Immediately Accessible: 720 ILCS 5/24-1.6(a)(1)(3)(A)
  
  
  · One (1) count of Aggravated Unlawful Use of a Weapon – No Valid FOID Card: 720 ILCS 5/24-1.6(a)(1)(3)(C)
  
  
  
  
  In this case, we as Defense counsel have been going back and forth with the State about whether or not the medical records on file for the victims are complete or not. The State contended that the Defense had requested specific records, and we offered the correction that it was the State that previously said that the records weren’t complete, and the Defense was merely waiting on the additional files if the records were not all there. We offered to schedule an in-person meeting with the State in order to go through the case file. The Court set a final status update for mid-January in 2013.  
  
  
  
  
  We met with the State for a file review immediately afterward. Together, the Assistant State’s Attorney and Raymond Wigell went through the medical records already on file to determine whether or not they were complete. It was ultimately determined that they were not, and the State needed to re-subpoena the hospital l for one set of records, and subpoena another hospital for an additional set of medical records.
  
  
  
  
  Having agreed on the course of action the State would take, we met with our client and explained what had happened. We told the client what this meant for his case and answered his questions, and then made sure he knew when to appear for the next court date.
  
  
  
  
  And we’ll come back swinging in the New Year.
  
  

For more information on the Law Offices of Raymond G. Wigell, Ltd., Raymond G. Wigell or Huma Rashid please visit our our criminal defense law firm's website or call (708) 481-4800.

Cell phone privacy is questionable.  The New York Times describes debates over warrantless cell phone searches and the variation of court rulings in the article, Courts Divided Over Searches of Cellphones.

Link:

http://www.nytimes.com/2012/11/26/technology/legality-of-warrantless-cellphone-searches-goes-to-courts-and-legislatures.html?nl=todaysheadlines&emc=edit_th_20121126&_r=1&

Originally posted on Twitter.  Follow the Law Offices of Raymond G. Wigell, Ltd. on Twitter @RWonCrimLaw.

A current case in Washington State  raises questions on the differences between free speech and criminal cyberstalking. These cyberstalking laws criminalize offensive speech as criminal acts. While the speech is offensive, it is often protected as free speech according to EFF Staff Attorney Hanni Fakhoury.  He goes on to point out that anyone making negative statements made online could potentially be prosecuted under similar laws. The full amicus brief filed by Seattle Attorney Venkat Balasubramani on behalf of the EFF is available online.*

While many cases highlight the differences of the application of the law on and offline, this case simply raises questions of free speech.  The uniqueness comes from the possibility that new laws will be used to limit free speech under the guise of keeping up with technology. 

If you are involved in a cyberstalking case, copyright infringement case, criminal case, or accused of an Internet crime contact the criminal lawyers at  Law Offices of Raymond G. Wigell, Ltd. by clicking our link or calling (708)481-4800.

Source:
Electronic Frontier Foundation
https://www.eff.org/press/releases/washington-state-cyberstalking-case-based-unconstitutional-law

This case is another demonstration of the seriousness of copyright infringement and the resulting consequences. Individuals allegedly involved in copyright infringement face civil cases and criminal charges.

The criminal prosecution of file sharing sites' users is increasing on a global scale.

Individual faces 5 years in prisons in Czech Republic for copyright infringement of movies - from Torrent Freak.

If you or someone you love face charges of copyright infringement, Internet or white collar crimes contact a criminal defense attorney at the Law Offices of Raymond G. Wigell, Ltd. At the Law Offices of Raymond G. Wigell, Ltd., we have years of experience defending copyright infringement and Internet crimes at the state (Illinois) and federal level.  Call (708) 481-4800 now to speak with an attorney or visit our site at www.waaltd.com

Press Release

Attorney Raymond G. Wigell teaches legal clinic at DePaul University, College of Law, Students successfully defend all clients

Students have the opportunity to represent clients under supervision

Chicago, IL, June 20, 2012:  Raymond G. Wigell, of the Law Offices of Raymond G. Wigell, Ltd. and the student lawyers of DePaul University, College of Law successfully completed the Misdemeanor Clinic Cases for Spring, 2012.  The Misdemeanor Clinic provides students who are in their senior year of law school and licensed to practice under the supervision of an attorney the unique experience of representing a client throughout a case.  The clients are defendants charged with criminal misdemeanors in the Circuit Court of Cook County.  Students represent the clients from an initial interview thorough the investigation, motion and trial prep, plea negotiations and trial.  

Three cases were successfully completed during the Spring 2012 Misdemeanor Clinic. The charges included:  One retail theft, a criminal damage to property with various assault and battery to a police officer charges and a battery to a police officer and resisting arrest charge.  The evidence that the State would have presented at trial was very damaging and the likelihood of convictions were strong.   

Despite the likelihood of conviction, none of the defendants were required to serve any jail time and all defendants will be able to expunge the charges from their records. The retail theft was stricken off the call by the state, which has the effect of a dismissal.  The other charges were negotiated so as to allow the clients to be placed on court supervision. A trial was not required for any of the defendants given the excellent work on the part of Professor Wigell's student lawyers.

Additional information on the Misdemeanor Law Clinic can be found on the DePaul University, College of Law website.  Raymond G. Wigell has an LL.M.  in Taxation (DePaul) in addition to his J.D. He has practiced law for 37 years and currently represents criminal cases involving sex crimes, copyright infringement, white collar crimes, drug and violent crimes.   Wigell has also served as a Trial Attorney with the Office of the Public Defender of Cook County.  For more information on criminal attorney Raymond G. Wigell or his practice, visit www.waaltd.com.