Tamara in Chicago Tribune: "Take 2 Excedrin, Call Lawyer"

Take 2 Excedrin, call lawyer
By Matthew Walberg Tribune reporter

Tuesday was one big headache for Isabella Seffinga, to hear her attorney tell it.

Racked by a migraine, she threw up on a bar stool cushion in a South Loop condo she was readying to show on behalf of a real estate agent for whom she works, said her attorney, Tamara Holder. She ran to the bathroom and passed out, only to wake up and discover she had become ill again, fouling a towel and two blankets.

Seffinga grabbed detergent and fabric softener and removed the soiled belongings from the condo to wash them at her own place in the same building, Holder said.

When the condo owner came home later that day, she discovered the items missing. Security footage showed that Seffinga let herself into the home with a key in a doorknob lockbox and left with the cushion, towel and blankets, prosecutors said.

A short time later, police came knocking on Seffinga's door. She admitted taking the items and let police search her home. Officers found the missing property.

On Thursday, Seffinga, 44, appeared in Central Bond Court, charged with residential burglary, a felony punishable by up to 15 years in prison.

Seffinga appeared nervous as prosecutors outlined the charge for Circuit Judge Ramon Ocasio. He ordered her released on her own recognizance. Seffinga has no criminal record.

Holder said the fact that her client took such an odd mix of belongings while avoiding the usual burglary targets—cash, jewelry and electronic devices—shows she was simply trying to clean up a messy situation.

"This is a waste of taxpayer money, right here," the attorney declared.

www.xpunged.com and www.tamaraholder.com

SCHOOL ARRESTS REVISITED: MY CLIENT ARRESTED AT HIGH SCHOOL FOR ALLEGED IPOD THEFT

Lake County school has student arrested for alleged theft of IPOD

My friend called me today. Her son attends a public high school located in Lake County, Illinois. He was arrested today by an on-campus police officer, who is employed by the local police department, not by the school. Last month, her child allegedly borrowed another student's IPOD with permission, but then lost the IPOD.

The school made contact with my friend and told her the boy's IPOD was returned. A few days later, the family of the IPOD owner made contact with the boy and asked that he pay $200 for a replacement. All of a sudden, the school's dean contacts the boy's mother (my friend) and tells her the police are investigating the "theft" but that the school has nothing to do with it. Then, like I said, today the boy is arrested on-campus by the police officer. He's taken to the station, fingerprinted, booked and then returned back to school! My client didn't know about the arrest until after the officer booked the child and was about to return him to campus.

Schools deferring all alleged criminal activity to police - regardless of how petty the nature

So, I contact the school's dean and she proceeds to tell me that the school has no involvement whatsoever in the case, that the boy's parents must have called the police and that the school is not taking any disciplinary action. She then refers me to the on-campus officer, who I then call. He tells me differently: that he got involved in a matter per the school's request and since the "crime" took place on campus, it's his job to do the "investigation". He made the determination to make the arrest.

Clearly, someone is lying and I believe it's the school. The officer told me matter-of-factly that the school asked him to "investigate". And when I asked the dean about the procedure regarding on-campus offenses, she hung up on me. Yes, she hung up on me like she were the child.

Should we accept criminalization of our children for petty offenses that occur on-campus?

I remember high school quite well. I also remember that theft was pretty common. The only time the police got involved in a theft case is if a student stole another student's laptop. One time, a student stole a teacher's purse. That kid was punished by the school and given detention but the police definitely did not get involved.

Is it appropriate to have the police arrest a juvenile for an alleged theft that occurred on-campus? Is something wrong with my thinking - that maybe the school should have gotten involved and not deferred the work to the police. That maybe the school should have called in the students and parents, in an effort to resolve the allegations? Instead, the school doesn't even touch the case.

Counties must send a signal to the police and schools by not prosecuting certain cases

Now, this boy is in our criminal justice system. He will be given a court date and he will stand before a judge. His fingerprints have been submitted to the IL State Police and to the FBI!

Certain counties, especially Lake and DuPage, seem to prosecute children, especially minorities, at extraordinarily high rates. The State's Attorney must stop prosecuting offenses that should be handled by the school, unless obviously severe. This behavior makes them look just as childish as the child they seek to prosecute. Instead, they should focus on serious crimes, properly investigate and charge a murder or other heinous crime. Stop going after the easiest target: a child.

What happened to the term "in loco parentis" - which means that the school stands in the shoes of the parent? That also means that it's the school's duty to discipline the student for bad behavior; it is not to be transferred to the police and to the state's attorney for criminal prosecution. This is ridiculous. These are our children - the punitive nature of our society must change.

Discipline and punishment of a child for his wrongdoing can be accomplished without making the child a CRIMINAL!

 www.xpunged.com and www.tamaraholder.com

MINORITY STUDENTS ARRESTED AT FAR HIGHER RATES = YOUTH FINGERPRINTS PERMANENTLY ENTER FBI SYSTEM

The ACLU reports that arrests of minority students in the Hartford, Connecticut area are on the rise.

According to the report, students in West Hartford and East Hartford are arrested at school at a rate far out of proportion to their numbers. During the 2006-07 school year, for example, black and Hispanic students together accounted for 69 percent of East Hartford's student population, but experienced 85 percent of its school-based arrests. In West Hartford during the same year, black and Hispanic students accounted for 24 percent of the population, but experienced 63 percent of the arrests.

We must stop criminalizing our youth.  Obviously, those who bring guns to school should be removed from campus.  But that's not what is going on here.  The school is having the police arrest students for bringing tobacco on campus or for minor school fights. 

Children are now being placed in our criminal justice system at a time when their behavior can still be modified.  Tolerance and education must be a priority over punishment.
Parents and school officials alike must understand the PERMANENT nature of arresting a child.  Once their prints are in the system, they are not removed.  Just because the child is a "juvenile" at the time of arrest, that does not mean the record is destroyed once the child turns an "adult."  How can we be ok with putting our children's fingerprints into the FBI system at 13 years old?

There must be another way...REMEMBER, ONCE YOU ARE ARRESTED & FINGERPRINTED, YOUR PRINTS PERMANENTLY REMAIN IN THE SYSTEM UNLESS YOU SEEK AN EXPUNGEMENT.  THERE IS NO AUTOMATIC DESTRUCTION, EVEN IF THE CASE WAS DISMISSED!

www.xpunged.com and www.tamaraholder.com

PATHETIC: COOK COUNTY TO DECRIMINALIZE THE "JOHN" BUT NOT THE PROSTITUTE

Getting busted with a hooker may get more expensive
November 10, 2008

Mark Konkol, Staff Reporter of the Chicago Sun Times reports: "Getting busted for picking up a prostitute in unincorporated Cook County may no longer be a criminal offense under a proposal being considered by the Cook County Board.

Instead, "johns" would face steep penalties -- $1,000 fines, impounded vehicles and 100 hours of community service -- under a proposed county public morals nuisance ordinance.

Cook County Sheriff Tom Dart says he's pushing for the change because current misdemeanor criminal charges for soliciting prostitutes -- typically a $100 fine and charges expunged from a person's record after taking a 2-hour class -- do not effectively deter repeat offenders.

"We're trying to do something that has not been done before. We're using our brains," Dart said. "Our experience with prostitution stings shows it's a broken record. [Johns] pay the $100 fine and they're out the door. They take a 2-hour class that expunges everything from their record ... and they're out there again continuing their behavior."

The proposal, sponsored by Commissioners Larry Suffredin and Peter Silvestri, does not completely decriminalize soliciting prostitutes. Police will have a choice to either charge offenders with misdemeanor soliciting or the proposed ordinance."

1995 National Criminal Justice Reference Service Study: those who are sexually abused as children are 27.7 times as likely as others to be arrested for prostitution.

2001 Center for Impact Research Study (Chicago): between 1,800 to 4,000 girls and women are involved in on- or off- street prostitution activities in Chicago in any given year, along with about 11,500 people who trade sex for drugs. Also, 21.4 percent of women working as escorts had been raped 10 times or more, with comparable rates for other types of sex work.

2002 Arrests in Chicago: The Chicago Police Department made 4,486 arrests for prostitution-related offenses. That included 953 john-related arrests and 67 arrests for pimping/pandering. FACT: In Chicago, women were arrested at about four times the rate men were.

As a criminal defense attorney who represents female prostitutes, this Cook County proposal is absolutely appalling and misogynistic. How can we excuse male “customers” seeking sex acts but continue to lock-up and charge the females who are providing the desired service?

The statistics clearly show that many of the women involved in the business of prostitution are victims of sexual abuse and/or drug addictions. It is completely wrong that men only risk a fine but the women risk severe jail time and a criminal record that will follow them for life. Maybe a fine isn’t the proper deterrent for the prostitute as it is for the male “john” but we should find a way to deter the prostitute from engaging in such behavior. We should provide them with counseling and rehabilitative services. Maybe that hefty fine that the male john must pay should go into a rehab fund for prostitutes instead of rights into the hands of the county.

www.xpunged.com and www.tamaraholder.com

LOOK AT THE SPORTS AGENTS IF YOU WONDER WHY PROFESSIONAL ATHLETES' ACCOUNTABILITY IS LACKING

Ok, I have had enough! This evening, I visited ESPN online, only to find 3 of the 10 top stories about inappropriate (and illegal) behavior in professional sports, actually in the NFL alone. Copied right from the site:

• Chiefs' Johnson suspended 1 game by NFL
• UNC first unanimous AP preseason No. 1 |
  
• Fans flood Philly for first title parade since 1983
• Packers extend Rodgers' contract to 2014 |
• Blazers to keep Webster |
  
• Gordon claims 1st Texas pole in 16 atItempts |
• On block? Marbury listed inactive |
  
• Singletary explains reasoning for dropping pants
• Injuries force Nadal, Federer out of Paris Masters
• Agent Steinberg faces charge of public intoxication

Story 1) Kansas City Chiefs suspend Larry Johnson for arrest stemming from spitting drink in woman's face; Story 2) Mike Singletary drops his pants in 49ers locker room in response to frustrating loss (I'm not writing about locker-room antics); and
Story 3) Sports agent Leigh Steinberg arrested for being drunk in public.

PROBLEM: REPRESENTATIVES OF ATHLETE ARE HELD TO HIGHER STANDARD THAN ATHLETE

I don't want to make my blog personal but, just so you know, I am speaking from experience. My college sweetheart & ex-fiance was in the NFL; thus, I was also "in' the NFL for 6 years, from the combine, through the draft, through cuts by teams and all the other "stuff" that goes on in professional sports.

My first taste of the NFL was when we were in college and a very prominent agent gave my then-boyfriend (lets call him "X") a condom as his business card. The sticker that overlapped the Trojan horse logo said, "We Protect Our Players." Another agent offered to provide X with as many girls as he wanted, even though the agent knew X had a girlfriend, me.

Out of the 3 ESPN stories, the one about Leigh Steinberg bothers me most. A player's agent is his representative; Mr. Steinberg is one of the most prominent sports agents in the world. He was even the inspiration for "Jerry Maguire!" Mr. Steinberg is the AGENT and ATTORNEY of over 150 athletes in his 30-year career. His wikipedia bio says, "Steinberg insists that every contract negotiated for his players include clauses that require the athlete to give back to their hometown, high school, university or national charities and foundations. According to Steinberg, this allows the athlete to function as a positive role model by repaying the community that helped shape him."

Regardless of Mr. Steinberg's "requirements" of his clients, he has managed to get himself into some trouble of his own lately. On Oct 22, 2008, he was arrested for public intoxication. In April 2007, he was arrested for DUI after driving into 3 parked cars. In 1997, he was arrested for DUI after causing an accident and injurying a person. Essentially, Mr. Steinberg has a documented 10-year history of a disregard of the law.

Who do you think Mr. Steinberg is associating with during his drunken escapades? I would bet that he's surrounded by players (current and former), and other associates in professional sports. (Surely, those who really cared about him wouldn't allow him to behave in such a manner.) Mr. Steinberg doesn't just have the ordinary duty of an ordinary attorney. Mr. Steinberg has an ENHANCED DUTY because he represents professional athletes. Not that professional athletes are better than anyone else, but they are held to a higher standard than the ordinary individual.

The AGENT is supposed to be the guy who represents the player in the best light. The AGENT is the guy who makes a statement on behalf of his client after the player gets into trouble. The AGENT is the guy who is supposed to call the player into his office and tell him how to act decently and stay out of trouble. The AGENT must live up to the same standards that professional teams have required of their players. The AGENT must practice what he preaches. And most importantly, if he has an addiction, he must seek help.

PROBLEM: SOME ATHLETES' BLATANT DISREGARD OF ACCOUNTABILITY

And in the same week as Steinberg's arrest, Kansas City Chiefs player Larry Johnson was suspended and fined by the NFL after he was arrested for assault after spitting a drink at a woman. (Link to story above.) Just like Mr. Steinberg, this isn't Larry's first run-in with the law.  In February 2007, he was arrested for pushing a woman's face at a bar.  In September 2005, he was arrested for domestic abuse assault after getting into a fight with his girlfriend. Allegedly, he has been arrested a 4th time in the past 5 years as well. 

As a first-hand witness to the life of a professional athlete, it is disappointing to see many children's (and adults') role models continue to have a blatant disregard of the law and of common decency and respect.  There is a website, www.thesportscritic.com that has a page solely devoted to listing all athletes and their arrests.  This is embarassing. 

Leah Steinberg: 3 arrests.  Larry Johnson: 4 arrests.

When will professional sports really clean up its act?  I mean, REALLY CLEAN IT UP?!?  Clearly, a punishment here and a fine there isn't the way to solve this problem.  Core values must be instilled in the players upon their entry into professional sports.  Instead, many agents set poor examples at the very moment the player leaves college, by displaying a disrespect for women and a disregard of the law.  The athletes are preyed-upon as cash-cows and little attention is given to societal standards.  I am not saying that an agent should be held fully accountable for his client; we are talking about grown men here. But, the professional player who hits a female at a bar, may also be the guy who, 5 years prior and right out of college, was provided strippers by his agent.

 www.xpunged.com and www.tamaraholder.com

Q & A ON EXPUNGING, SEALING OR SEEKING A GOVERNOR'S PARDON IN ILLINOIS

Dear Reader:

I get many emails from people inquiring about their background.   I’ve decided to share some questions along with my answers so that maybe you can gain some additional information.

Keep in mind, in Illinois, there are 3 ways to clear your record: expunge, seal and Governor’s pardon. I always talk about 2 rules: 1) If you have ever been arrested and fingerprinted, you have a record - even if the case was dismissed! 2) If you have a felony conviction (probation or prison) you must seek a Governor's pardon from this guy: Illinois Governor Rod Blagojevich

PARDON QUESTIONS

TOPIC:   SUCCESSFUL COMPLETION FELONY PROBATION

QUESTION : I was arrested in 1992 for 4 counts of felony Unlawful Delivery of Cannabis.   The prosecutor gave me the option of turning over my suppliers to dismiss the charges. I refused to do this.   Instead, I pleaded guilty to Counts 2 and 3. I was sentenced to 18 months probation on each charge (ran concurrently).   My terms of probation were completed successfully . I was discharged from probation in 1995.   I have never been arrested or charged with anything before this happened or since. I have always been employed (up until now). I was working a contract but hey terminated me upon learning of my conviction. They had wanted to convert me to a full-time employee but now I'm working at home now to start my own business. I do not use drugs, except for medications prescribed by my physician. What are my options?

TAMARA’S ANSWER : Just because you did not go to prison, it does not mean you don’t have a conviction.   In fact, to the contrary, felony probation is a conviction, just as much as going to prison.   The judge could have sentenced you to prison but instead he gave you felony probation.    Felony probation is not expungeable, and it is not sealable.   (Exception: if you were given “1410 Probation” and that’s usually given to "first offenders" convicted of Class 4 possession of a controlled substance.) Unfortunately, your only option is to seek a Governor’s pardon.  The additional info, for example, that you have worked, haven't gotten into any trouble since this case and that you live the life of an upstanding citizen, is what you will put in your Petition for a Pardon.

TOPIC: PROCEDURE OF SEEKING AN ILLINOIS GOVERNOR’S PARDON

QUESTION : I understand this could only be cleared if the Governor's Board of Review approves and sends a recommendation to the IL Governor. Is that correct? Is there even a remote chance this could be done successfully?

TAMARA’S ANSWER : This is not true in Illinois. The Gov must grant the pardon subsequent to the recommendation by the “Illinois Prisoner Review Board.” Said another way, even if the Board recommends the pardon, one must still be "pardoned" by the Governor.   The Board’s “recommendation” is just a suggestion.  

A pardon petition is submitted to Board.   They review the case, you then have the option of attending a hearing, they then make a confidential recommendation to the Governor.   The Governor does not have to follow their recommendation; he can grant a pardon for a petitioner who the Board did not recommend.   But again, just because the Board recommends the pardon, that does not mean you have received the pardon.  

TOPIC: WHAT ARE MY CHANCES OF RECEVING A GOVERNOR’S PARDON?

QUESTION : I realize that seeking a pardon has a lot of 'ifs', but do you think there is a good chance of this process working in my favor? I know the Governor has a lot of these sitting on his desk at this time, if I understand the situation correctly.   If this could be done, it is well worth the money to me. I will be consulting with my family and get back to you soon. I've done some research, and I greatly admire what you are doing for people in Chicago. It is unfortunate the stigma many of us face due to poor judgment at difficult times in our lives.

ANSWER : There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor.   If a pardon is your only option, then you should petition for one; otherwise, the felony conviction is on your record forever.   Your chances are as good as your case.   If you made one mistake many years ago and since then you haven’t been in trouble, you have gotten a job and raised a family, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education.   The better you or your attorney can present yourself and your case to the IL Prisoner Review Board and the Governor, the better your chance of receiving the pardon.  I focus a large part of my practice on expungements, sealing and Governor's pardons. 

TOPIC: HOW LONG DO I HAVE TO WAIT FOR THE GOVERNOR TO DECIDE?

QUESTION: I submitted a Petition to the IL Prisoner Review Board 3 years ago and I attended the hearing.  I haven't heard anything back.  What's taking so long?  Is it possible that my pardon was already granted?

TAMARA'S ANSWER: No news is good news.  If you haven't heard anything, that means your pardon is sitting on the Governor's desk, waiting for a decision to be made.  Right now, approximately 3000 pardons are on Governor Blagojevich's desk.  Many people are just like you: waiting for an answer.  Until a decision has been made, you cannot even re-petition.  The only thing you can do is continue to wait.  The Governor has no statute of limitations on how long he can "sit" on the petitions before making a decision.  Don't fret; you don't know how many of those petitions are really worthy of a pardon, how many were submitted individually or through an attorney and how many are prisoners asking to be released or people living in society with felony convictions.  

www.xpunged.com and www.tamaraholder.com

FEDS IN CALI TO AID STATE IN PROSECUTING STREET GANG MEMBERS = THE UNSOLVED PROBLEM: INCARCERATION DOES NOT REDUCE CRIME & THERE MUST BE AN ALTERNATIVE TO AMERICA'S PUNITIVE NATURE!

As you probably know, the U.S. is the most incarcerating country in the WORLD!  1 in 100 people in America are in jail or prison.  On October 16, 2008, the Wall Street Journal published this article:   Federal Law Enforcement Helps To Tackle Expanding Gang Problem .  Basically, the Feds are now stepping in to charge alleged gang members with federal crimes; whereas, in the past, the state usually brings forth charges against gang members for crimes. 

 “The greater Los Angeles area is "the nation's capital when it comes to street gangs," said Thomas P. O'Brien, the U.S. attorney for the central district of California, an area with over 18 million people that includes Los Angeles and Santa Barbara.” 

"There really is no comparison to what the U.S. attorney's office is now doing down at the local level," said San Luis Obispo County Sheriff Patrick Hedges, whose department took part in a federal prosecution announced last month against 17 alleged gang members in Santa Maria, a city of 91,000 about 160 miles north of Los Angeles.

Essentially, the Feds are sending a message to the State of California that the state can’t “handle” the gang problem, so the Feds will do the work.  It’s my belief that the reason for this movement is to get gang members incarcerated for longer periods of time.  Federal term limits are usually longer and inmates usually have to serve their entire sentence; whereas, in state cases, many times an inmate only has to do 50-75% of the time. 

Last year Senator Dianne Feinstein (D-California) allegedly sought and received approximately  $7.8 billion to build $53,000 prison cells in California. $7.8 billion!!!!!! Including this statement from her website : For the 2008 FY Budget: 

Mendota Prison - I am pleased that the President and the Justice Department have responded to my repeated reque sts for the federal government to finish construction of the 1,280 -bed federal prison in Mendota, California.  This partially-completed prison has been sitting half-finished for several years, but the President’s promise of $115 million in his budget should finally allow this facility to be completed and start receiving inmates by 2010 – bringing needed jobs to this area of California and adding needed medium-security bed space for male inmates sentenced for federal crimes.  That equates to approximately $90,000 of taxpayer money going to each bed for “medium” security inmates.  And keep in mind, money has already been put into this prison.  The state is seeking an ADDITIONAL $115 million.  

And even though I am a criminal defense attorney, I do not condone gang activity, nor do I believe we shouldn’t punish gang members.  I don’t like drugs on the streets, drive-by shootings and violence over street corners.  In fact, I visited the LA County jail last year.  I have never felt so afraid.  You could just feel the tension between the Hispanic and Black population.  This is coming from a woman who makes weekly visits the largest jail in the country: the Cook County Jail in Chicago.

Incarceration does NOT solve the problem of gangs, violence, drugs, crime.  We must find a way to reduce the punitive nature of this country and spend those billions into educating our youth and providing job security. 

The Feds stepping in to prosecute more people will not solve any goal to remove gangs from our streets.   

 www.xpunged.com and www.tamaraholder.com