Criminal Defense Archives - Korner Law

Illinois Getting Rid of Bail Bonds/New Pre-Trial Release Laws

Jason Korner — Mon, 01 Feb 2021 18:48:29 +0000

Guest Post by Edwardsville, Illinois attorney Chad Finley.

Illinois is phasing out bail bonds. I have been asked about this one quite a few times.

THE BILL – The bill changed a lot of different bills so that wherever “bail” was previously mentioned, it would now be referred to as “pre-trial release.” This obviously has broad ramifications, most of which are unimportant for most people. The section most people care about is Section 110-5, which is “Determining the conditions of pretrial release.” The takeaway is that the Court still has the power to hold someone in jail pending trial, but they cannot require a monetary payment as a condition of release.

The Court has to consider the following circumstances in deciding whether to release or hold someone:

(1) The nature and circumstances of the offense charged;

(2) The weight of the evidence against the eligible defendant;

(3) The history and characteristics of the eligible defendant, including (a) the eligible defendants’ character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past relating to drug or alcohol abuse, conduct, criminal history, and record concerning appearance at court proceedings (b) whether at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal or state law;

(4) The nature and seriousness of the specific, real, and present threat to any person that would be posed by the eligible defendant’s release…; and

(5) The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant’s release, if applicable.

These provisions replaced the conditions for bail. The previous conditions for bail were 7 pages long, and were typically pretty specific, such as “whether the offense involved corruption of public officials,” “whether the defendant possessed use of a fire arm…,” etc.

If the Judge determines that the person should be released at the initial hearing, the Judge will come up with “conditions of pretrial release.” The penalties for violating conditions of pretrial release are basically the same as previous violations of bail. Alternatively, based on the broad factors above the Judge can decide to hold someone in jail pending trial.

Another new provision is that the “conditions of pre-trial release” have to be made available to the media, so they can report on them.

The major policy argument by those who want to get rid of bail is that the monetary bail system causes poorer people to have to sit in jail awaiting trial, while Defendants with money who committed the same offense get to await trial at home. Often overlooked is that taxpayers foot the bill of a person in jail awaiting trial.

My personal opinion (based on the law/procedure) is that this bill actually gives Judges wider latitude to make the determination of whether someone is eligible for pre-trial release or should be held in jail. When terms in the law are specific Judges often have to “follow the letter of the law” regardless of the Judge’s evaluation. For example, if the bill says someone can’t have a firearm, does that include Elon Musk’s fancy flamethrower? This new bill seems to give Judges more control over the determination of whether to release or hold someone. Local Judges often get overlooked in elections, but they shouldn’t. Criminal Judges are vitally important to protecting safety, equality, justice, and fairness.

Chad Finley, February 1, 2021, TorHoerman Law: Personal Injury Lawyers in Chicago & Edwardsville, Illinois.

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The Lost Spring

Jason Korner — Thu, 26 Mar 2020 14:24:20 +0000

The Lost Spring

Please note that this is different from my usual blog content, but we are dealing with different times right now.

When we look back, the Spring of 2020 will be The Lost Spring. We have had our fair share of spring rain showers and March has given us temperatures from the top of the thermometer to the bottom, but we lost out on so much more. For sports fans we have lost out on March Madness, Opening Day, and The Masters, all sure fire signs of spring. Spring break beaches and barbecues evaporated (for most of us) before our eyes. Unfortunately, for many people, their income and paychecks evaporated before their eyes also. The closing of restaurants, movie theaters, and amusement parks just to name a few left people searching for answers. The hardest answer to find in all of this is “for how long?” That uncertainty is the most unsettling part for everyone, but especially those with a sudden loss of income.

I remember in August of 2014 sitting in a condo in Wisconsin on summer vacation with my family when we heard some news from St. Louis. A black man had been shot and killed by a white police officer and people were upset. At that point, on that August day, those were the only parts of the story that made it to Wisconsin. I had no way of knowing then, that particular incident would nearly stop my income as a criminal defense attorney for months and months. It is not that I did not care about the social justice issues associated with Ferguson, there were many underlying issues that came to light during that time, especially the abuses of some municipal courts in the St. Louis area, but I was just a young attorney trying to support a wife and two small children, and the extreme slowing of income was terrifying.

Of course the man who was shot and killed was Michael Brown, and it sparked the beginning of the Ferguson Movement. I had never been so close to a large social movement before, either geographically or professionally. Every issue discussed about the investigation of the shooting, the prosecutorial procedures, and the grand jury process were all parts of my daily professional life. At first it fascinated me, but as time passed from the August shooting, the unrest continued, and we grew closer and closer to a decision whether or not to charge the police officer with murder that could change everything. No timeline was given on when a decision would be made and that made the autumn of 2014 tense. It was even more tense for criminal defense attorneys who had watched business dry up almost overnight. Police resources were being diverted to Ferguson related issues, and police officers seemed to be more timid to conduct their day to day business. This led to a sharp drop in new criminal cases.

Finally, the Monday night before Thanksgiving, I watched along with the rest of the country when the St. Louis County Prosecuting Attorney announced a grand jury had chose not to issue any criminal charges against the police officer. Protests rang out around St. Louis, but I was just happy it was over. I was ready for business to get back to normal, for my life to get back to normal. But that’s not how these things work. It took several more months for things to begin to improve, and much longer to return to “normal.”

I learned many lessons from Ferguson, but the most important was that I had the ability to overcome professional adversity on the highest level. I would never want to go through it again, but that time period gave me a confidence that my law firm can stare down adversity and thrive on the other side of it. Well, here we are again. I am not one of the first to be professionally affected by the corona virus shut downs, but with the courts closed I know not much business will not be walking through my doors for at least the near future.

With Ferguson the effect was very specific on only a few industries, and it only affected a number of people. Our whole country, our whole world, are feeling the effects of the corona shut downs, let alone the virus itself. People are scared and there is uncertainty. I am scared and uncertain. But we can all look back at past adversity and know we conquered it then, and we can feel confident because we are all in this together. We do not know the twists and turns this terrible situation may take, and we do not know how many people will get sick, or how long it will last. All of that said, please remember, as you sit segregated from society because of social distancing, that there is hope. At times like these we can focus on the fear, we can focus placing blame, or we can choose hope. As we stare out into the dark unknown, I choose hope.

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What Rights Do I Give Up If I Plead Guilty to a Crime?

Jason Korner — Sat, 14 Jul 2018 18:23:45 +0000

Pleading Guilty to a Crime Can Have Dire Consequences

You give up many rights when you plead guilty to a crime. The majority of the rights that you give up are related to your right to a trial. You also give up your right to an appeal. Pleading guilty is an extremely important decision that should not be made lightly. Many lawyers are scared by trials and only want to have their clients plead guilty, but a skilled criminal defense lawyer will look at all possible trial defenses before recommended any guilty plea to a client.

It is important to understand you have all of these rights regardless of the court where your case is pending. Whether your case is in a small municipal court that looks like nothing more than a small room with several folding chairs, or if your case is in a large, spectacularly decorated courthouse, all of the rights you have prior to pleading guilty remain the same. Regardless of what the court looks like, it is important to speak with your lawyer about these rights and what are the costs and benefits of options other than a plea of guilty.

10 Rights You Give Up By Pleading Guilty

Right to a trial by a judge or a jury
The right to the assistance of a lawyer at trial
If it would have been a jury trial, the right to have all twelve jurors find you guilty
The right to confront the witnesses against you at trial
The right to remain silent, including not having to testify at a trial and the prosecutor not commenting on your silence at trial
The right against self-incrimination
The right compel any witnesses that have facts favorable to you to testify at trial
The right to remain innocent until proven guilty
The right to make the prosecutor prove you guilty beyond a reasonable doubt
The right to appeal a guilty verdict

Are These Rights Important? – Many of these are fundamental rights given to us all by the United States Constitution. None of these rights should be given up lightly. Please consult a quality criminal defense lawyer regarding your case before you plead guilty. Once you have plead guilty there is far less a lawyer can do to help you with your case. If you are not certain your lawyer has given you the best advice, then prior to pleading guilty is the right time to consult other lawyers.

Although each of these rights is an incredibly important part of our system of justice, there are benefits to giving up these rights and pleading guilty under the right circumstances. In many situations an experienced lawyer will be able to negotiate a favorable plea deal for cases based on each cases individual facts and circumstances. Lawyers with a reputation for taking cases to trial and winning cases are in a better position to negotiate a favorable plea agreement because prosecutors know trial is a real possibility, and some prosecutors look to avoid trials, which then provides a great benefit to the trial lawyer’s client.

Criminal Defense Lawyer Jason Korner – There are only a few lawyers who have tried enough criminal cases to be calm and confident in the courtroom during a jury trial. Jason Korner has tried and won many misdemeanor and felony trials. He has been sought out by other lawyers who need assistance and advice going to trial in criminal cases. If you have not yet plead guilty and want to discuss your case with one of the top criminal defense trial lawyers in St. Louis, then contact Jason Korner at 314-409-2659 to discuss your case.

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