Law Office of Geneva L. Penson

11/21/2024

https://www.chicagotribune.com/2024/11/21/illinois-high-court-overturns-convictions-for-jussie-smollett-in-alleged-hoax/

In a stunning move, the Illinois Supreme Court overturned the convictions for former “Empire” actor Jussie Smollett, finding that a special prosecutor’s decision to retry him violated his rights a…

09/19/2024

Seems the only logical choice for the court. Given that Illinois legalized ma*****na a few years ago and given the pervasive smell of ma*****na long after it has been smoked, the mere smell of burnt ma*****na does not necessarily lead to the conclusion that a crime has been committed. Time will tell what effect this has on the frequency of police searching cars during traffic stops.

“The laws on cannabis have changed in such a drastic way as to render the smell of burnt cannabis, standing alone, insufficient to provide probable cause for a police officer to search a vehicle wi…

07/18/2023

Illinois Supreme Court OKs the end of cash bail! Great news!

The Illinois Supreme Court ruled that eliminating cash bail for defendants awaiting trial does not violate the Illinois Constitution, allowing a historic change to the criminal justice system to go forward.

07/18/2023

When it comes to racial profiling, these officers clearly have something to hide.

https://www.rollingstone.com/politics/politics-features/connecticut-police-trooper-1000-fake-tickets-1234789116/?fbclid=IwAR1_kxw_9N3_bdKYMkeII9rtZKb9OU9Kl1OX-Zii3IVd9SykEna2hV_kUmo

An audit has uncovered a massive scandal in Connecticut, where hundreds of troopers manipulated the state’s racial-profiling database through fraudulent citations

02/23/2023

https://www.chicagotribune.com/news/criminal-justice/ct-r-kelly-chicago-federal-sentencing-20230223-3w2hcjduxzhmvexawg2u4ooym4-story.html

A Chicago judge sentenced R. Kelly to an additional year consecutive to his 30-year term out of federal court in New York, as well as 19 concurrent years.

12/28/2022

Judges sometimes add prison time for crimes defendants were accused of — even if juries found them innocent. And the Supreme Court has turned down numerous appeals asking it to declare that the Constitution forbids it.

10/25/2022

Can a defendant be held in lieu of bond for a crime for which he has already served his entire sentence, but for which he is currently facing re-trial? Having done no legal research, it sounds like a "no" to me. -- very interesting legal issue (and one that will not likely come up in another case any time soon).

Gerald Reed’s case took another pivot Tuesday when a special prosecutor retrying his double murder case asked a judge to set bond for him on charges related to new alleged crimes in three states.

09/19/2022

https://www.chicagotribune.com/politics/ct-illinois-crime-pritzker-no-bail-20220919-qbiiew2zpvbblfjfcrl3tw3u6y-story.html

The sweeping criminal reform law Democrats passed last year has become a lightning rod of controversy heading into the November election, and misinformation is rife as Republicans argue the measures will open the floodgates to more crime.

04/05/2022

A win for people wrongly "charged" by police officers.

Supreme Court Rules Against Police in Malicious Prosecution Case

Plaintiffs need show only that the charges against them were dropped, the majority said, to satisfy a requirement that they had obtained a “favorable termination” of the prosecution.

08/14/2019

All-around bad situation. Although it's clear none of them pulled the trigger, these kids are charged with first degree murder under the felony murder rule. The felony murder rule allows an individual to be charged and convicted of first degree murder for any death that occurred as a result of them committing a forcible felony. (Basically, a forcible felony is any felony which involves using or threatening to use force against another person.) The person charged does not have to have done the actual killing. He or she can be held responsible for the actions of another person who did the actual killing, like a co-defendant, a shop-owner defending himself, a police officer responding to the crime, and, in this case, a homeowner whose car they were allegedly trying to steal. Of course, in cases like this one, the State must prove beyond a reasonable doubt that the accused people were, in fact, committing a forcible felony at the time their friend was killed. That's not going to be assumed.

They attempted a carjacking in Old Mill Creek and led police on a chase into the city.