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Partida for the People Podcast with Samuel Partida Jr. | criminal law
8 minutes | Jul 28, 2014
026 Field Sobriety Test Results Thrown Out of Court (For the Last Time?)
http://www.PartidaFTP.com What is the appropriate remedy after a discovery violation in a DUI case? DUI Videos More and more police squad cars are beginning to have video cameras. However, the error rate among officers remains pretty high. It is not uncommon in a DUI prosecution that the video discovery to be incomplete. So many things can and do go wrong with the in squad video recordings.
10 minutes | Jul 24, 2014
025 Maximum Sentence for Contempt of Court: Is 20 Years a Good Deal? (Yes, When Alternative is 45)
http://www.PartidaFTP.com People v. Perez-Gonzalez (June 2014) ● 10 Year Sentence ● Contempt of Court ● Refused to Testify in a Murder Trial Defendant Himself was a defendant in a murder case. He got a 35 year deal. However, the agreement included a stipulation that the State would go back into court and vacate 15 years after, and only after the defendant testified against his codefendants. Well, defendant refused to testify after he took the deal and plead guilty. The State then filed the contempt of court petition and won an extra 10 years for that charge. Defendant's total time in prison then went from 20 years (his sentence had he testified and the 15 years was vacated from his 35 year murder sentence) to 45 years! He ended up with 45 years because the State not only resused to vacate the 15 years off his murder case but then won an additional 10 years on the contempt which was consecutive to his 35 murder years. In sentencing the defendant to the 10 extra years for contempt of court the court considered four factors. 1. Extent of Willful & Deliberate Defiance 2. The Seriousness of the Consequences of the Contemptions behavior (state said they lost the add-on for the co-defendant) 3. The Necessity of Effectively Terminating the Defendant’s Defiance as Required by the Public Interest 4. The Importance of Deterring Such Acts in the Future 5. Criminal History is Not a Factor, Murder Trial This case is a great example of the fact that we really don't know what is the mind of the criminal defendant. ● Hunt this Case Down for a Good Summary of Indirect & Direct Contempt of Court ● Wow, from 20 to 45! ● All we can do it set the up for the best possible outcome, but in the end it is their call ● Interesting thing in this case is that When the crap was hitting the fan in front of the jude, “Thanks for stopping by, you were listening to “Partida for the People” Podcast, if you enjoyed the show and you want to increase your legal knowledge then visit me at
9 minutes | Jul 21, 2014
024 Promoting Prostitution Means Adding Up The Circumstantial Evidence
http://www.partidaftp.com/evidence/promoting-pros…idence-episode/ A recent Illinois Criminal Decision, People v. Clark, gives us some insight into how circumstantial evidence can lead to a conviction even without any direct evidence of guilt. When evaluating the strength of the prosecution's case, one should not ignore the circumstantial evidence. The Statute The defendant was charged with Promoting Prostitution under, 720 ILCS 5/11-14.3(a)(1). Defendant was a receptionist at a massage parlor. She was accused of running a place of prostitution. Her defense at trial was a gamble that the State could not prove her guilt beyond a reasonable doubt. I am sure she depended on the fact that she herself was not prostituting. Nor did the State have any direct evidence that she was running a prostitution ring. She didn't even own the place. I'm sure these are the facts she emphasised when organizing her defense. The Case However, the trial judge thought the State had plenty of circumstantial evidence that lead to her guilt. The court heard the defendant's story and version of events. However, the rest of the case was a little different. Two undercover officers (male, of course) walk into a massage parlor. Defendant opens the door to greet them. Defendant leads them into a room where she asks them to disrobe. Each man ent
13 minutes | Jul 17, 2014
023 House Arrest Credit for Time Served in Illinois Has Just Gotten Tougher to Win
Show notes at: http://www.partidaftp.com/podcast/house-arrest-credit/ Anyone looking to claim house arrest credit in Illinois towards any eventual sentence of incarceration, now has to deal with a recent court decision that will make the job of receiving the credit much harder. In 2012, the Illinois State legislature passed in the Code of Corrections of the Illinois Compiled Statutes section 730 ILCS 5/5-4.5-100 entitled “Calculation of Term of Imprisonment.” Any rational reading of that section would be interpreted to require a mandatory credit for hou
19 minutes | Jul 12, 2014
022 | Police Dog Drug Sniffs, From the Ground Up
The law on police dog drug sniffs contains three foundation cases from the United States Supreme Court. I talked about some of these cases in a prior blog post. It all begins with Illinois v. Caballes, 543 U.S. 405 (2005):
16 minutes | Jul 4, 2014
021 Accountability Update | You are Guilty Even When You Didn't Do It!
Criminal Defense Attorney Samuel Partida, Jr. (Partida for the People) discusses the breadth of the Common Criminal Design Rule and its wide rangeing effects on criminal accountability. http://www.PartidaFTP.com
18 minutes | Jun 28, 2014
020 Supreme Court Says Police Need a Warrant to Search Your Cell Phone After an Arrest
Follow me at http://www.PartidaFTP.com In this podcast episode, I review the United States Supreme Court decison in Riley v. California which announces a new rule concerning the search of a cell phones during a search incident to arrest. It seems the SCOTUS relied on common sense and logical reasoning to reach the decision that they did in this case. Listen to the podcast to find out what they did.
10 minutes | Jun 21, 2014
019 Challenging the Reliability of a Police Dog is Going to Be Impossible After All, Maybe
Recent Illinois criminal case law on police dog sniff cases suggests it is going to be harder to challenge the reliability of a police dog sniff after all. I recently summarized the foundation of case law on police dog sniff cases. See “Police Dogs: “Search” or “Not a Search”, That is the Question-A Case Law Summary”. Admittedly, it did not look good for criminal defense attorneys tasked with defending against a drug dog case.
6 minutes | Jun 18, 2014
018 Another Defense Attorney Says He Is Not a Douchebag
I have recently been explaining in my writings that I am making a concentrated effort to spend less time away from court and more time with my family. Show notes are at: http://www.partidaftp.com/editorial/defense-attorney-not-a-douche-bag/ With that in mind, I was given a small amount of time to get this blog post out. This week, I find myself in the wonderful Myrtle Beach of South Carolina. The family and I are having a wonderful time in the sunny warm waters. Apparently, there was an awesome sunrise this morning, but my alarm did not go off (that is the official story). So, let me get to the point.
25 minutes | Jun 14, 2014
017 Search Warrant | Types of Search Warrants
The podcast episode identifies and describes the following types of search warrants: Types of Search Warrants Anonymous Tip Citizen Informant Reliable Confidential Informant
23 minutes | Jun 7, 2014
016 Is The No Knock Warrant Requirement Stupid?
What Exactly is a No Knock Warrant? This is a rule in the criminal law. The rule is that before the police enter a dwelling to conduct a search they must first knock and announce their intent. This is also called the knock and announce rule. If the police have a reason to believe that the subject of the warrant is violent or likely to destroy evidence, they can ask the judge signing the warrant for a no knock provision in the warrant. This is the no knock warrant that authorizes entering without knocking or announcing. Reasons for the Rule
28 minutes | May 31, 2014
015 The Anticipatory Warrant | A Search Warrant That Tells the Future
An anticipatory search warrant is the solution when the police have concrete proof that a crime will happen in the future. This podcast episode describes an anticipatory warrant. In the episode, I also explain how this type of search warrant works. The anticipatory warrant is used in situations when the police intercept an item of contraband. For example, when the police interdict and confiscate: Drugs in the mail
30 minutes | May 23, 2014
014 Search Warrant From Your Trash!
No search warrant is needed for the police to go through your trash. Yes, it is true. The police can go through your trash. If they find incriminating evidence, then they get a full search warrant and raid your home. Podcast Summary We discuss the foundational cases in this area of law: California v. Greenwood, 486 U.S. 35 (1988)
17 minutes | May 17, 2014
013 Search Warrant Execution | Taking Doors
Imagine a silver haired man addressing a room of about 20 to 25 detectives, SWAT team members and police officers. It is around 5 am. Most of the officers are discovering, as they walk in, the reason for this briefing. The silver haired man is a lead detective. The night before he obtained a search warrant signed by a judge. This morning, the team he assembled will execute that warrant. This is also called taking a door. Podcast Summary In this episode, I follow this lead detective the day a search warrant is executed. I discuss: The briefing
24 minutes | May 10, 2014
012 | The Most Common Example of Prosecutorial Misconduct, Even Honest Prosecutors Do It
The most common example of prosecutorial misconduct is suttle. This is what makes it so corrosive to the criminal justice system. Podcast Summary This is a general outline of the major points covered in this podcast episode: Discuss a Proper Example of Admitting Evidence for Another Purpose Discuss an Improper Example of Admitting Evidence for Another Purpose People v. Boling Mentions 25 Years of Prosecutorial Misconduct Why the Most Common Example of Prosecutorial Misconduct Happens Prosecutors Don’t Give Up (Download a typical checklist to admit hearsay) Judges Do an Incomplete Analysis (Cameron Hearing Takes to Long) How to Stop The Most Common Example of Prosecutorial Misconduct
36 minutes | May 2, 2014
DUI Checkpoints, All Your Questions Answered and More!
DUI Checkpoint season is approaching fast. In this podcast episode the foundations in the law that authorize DUI checkpoints is logically laid out. Once this roadmap is established, common questions about DUI checkpoints are laid out and knocked out of the park. DUI Checkpoint Legal Foundations People v. Ray, 327 Ill.App.3d 904, 764 N.E.2d 173 (5th Dist. 2002)
26 minutes | Apr 26, 2014
010 Police Misconduct-Let the Eavesdropping Begin
Recently, the Illinois Supreme Court has decided that the crime of eavesdropping is unconstitutional. This means that it was wrong to make eavesdropping a crime. Eavesdropping is not a crime anymore. Eavesdropping is secretly recording a conversation without permission. In Illinois, this prohibition is found in 720 ILCS 5/14-2. In this episode, Partida for the People, discusses why the law has changed in this area. The following three cases are discussed to help explain how we got here: Amercian Civil Liberties Union of Illinois v. Alvarez People v. Melango People v. Clark The court's have argued that preventing the ability of a person to make secret recordings is unnecessarily obstructing that person's right to free speech. Until now, the law was more concerned with protecting the privacy rights of the people who were being secretly recorded without permission. How is eavesdropping connected to the free speech? How is any of this connected to Police Miscodut? Listen in and see if Partida for the People can make sense of all of this.
27 minutes | Apr 19, 2014
009 Brick J. Vandersnick on Calculated BAC Levels With Retrograde Exptrapolation
If you did not know that the state can change your BAC levels with retrograde extrapolation then you have to listen to this podcast! Attorney Brick J. Vandersnick has over 30 years of legal experience in the state of Illinois. He is widely recognized as an expert litigator in DUI cases. He teaches prosecutors and other attorneys on alcohol testing and DUI litigation. In this episode, he explains how the state can change BAC levels legally in court. This is done with an expert witness who conducts a retrograde extrapolation calculation on the blood alcohol level produced by a breathalyzer. Sometimes a person produces a breathalyzer result that is actually below the legal alcohol limit. However, an expert witness may be able to testify in court that the individual who did the alcohol testing had a higher BAC levels earlier in time. If a court allows testimony on
31 minutes | Apr 12, 2014
008 How is Possession With Intent to Deliver Proven?
A straight possession of a controlled substance charge can pretty easily turn into a possession of a controlled substance with intent to deliver. The later charge is considered way more serious by our society. The later charge also has more serious criminal consequences, including possible mandatory prison time. The police, prosecutors, and the courts will look at the presence of numerous other factors to decide if a person was in possession of drugs with intent to deliver. For a list of these factors please visit www.PartidaFTP.com/podcast/ Here are three examples to demonstrate how a straight possession situation can easily turn into a possession with inten
28 minutes | Apr 6, 2014
007 March 2014 | Illinois Criminal Case Law Summary
PartidaFTP summarizes cases every criminal law practitioner in Illinois must read. Busy criminal attorneys simply don't have the time to stay informed with up to minute decisions that can affect their practice. This is why "Partida for the People" packages the most important decisions in this podcast. Episode 007 features oral summaries of the most influential cases released by the Illinois court system in the month of March 2014. In this episode, precedent setting Illinois Supreme Court decisions are identified and highlighted. For example, the eavesdropping statute has now been declared unconstitutional. See http://www.partidaftp.com/illinois-criminal-law-decisions/illinois-criminal-court-cases-march-2014/#date4. Foundations for DUI retrograde extrapolation calculations have been clarified. See http://www.partidaftp.com/illinois-criminal-law-decisions/illinois-criminal-court-cases-march-2014/#date28. Additionally, important decisions involving the Fourth Amendment, prior inconsistent statements, accountability and sentencing factors are all discussed. Get up to speed now, by listening to this podcast. To be informed of future Illinois case law summaries sign up to my e-mail list below. Tweet this podcast now!
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