Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



Entries in probation (3)

Wednesday
04Nov2009

MY PLEA TO GOVERNOR QUINN: PARDON THOSE CONVICTED BY "OPERATION GREYLORD" JUDGES

Dear Governor Quinn:

I am requesting you pardon and expunge the records of hundreds, if not thousands, of people who were convicted and sentenced by "Operation Greylord" judges. Several Greylord Judges (Courtesty of FBI)The FBI was successful at rooting out the evils of 17 Cook County judges; however, those who were the victims of the judges' convictions and sentencings were completely ignored.

Operation Greylord is the name of an FBI investigation in the 80's that spanned over the course of 3 1/2 years. As you know, Operation Greylord is still recognized to this day as one of the FBI's most successful undercover investigations. The first listening device ever placed in a judge's chambers occurred in the undercover phase, when the narcotics court chambers of Cook County Circuit Court Judge Wayne Olson were bugged. Over 100 people were indicted. The last conviction was that of Judge Thomas Maloney, who was convicted of fixing three murder cases. Maloney was released from federal prison in 2008. A total of 92 people were indicted, including 17 judges, 48 lawyers, ten deputy sheriffs, eight policemen, eight court officials, and a member of the Illinois Legislature. (See Wikipedia for further information.)

As a result of the corruption within Cook County, many people were wrongly convicted and sentenced to crimes they did not commit or they were not given a fair trial because of their attorney and/or judge's involvement in their case.

Judge Ciavarella Your pardoning and expunging the records of these individuals would follow suit of the Pennsylvania Supreme Court. On October 29, 2009, the Court ruled that almost all juvenile cases heard by Luzerne County Judge Mark Ciavarella from Jan. 1, 2003 to May 31, 2008 must be thrown out. Judge Ciavearella has been indicted for "taking millions of dollars in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes." Article here.

Over 6500 juveniles will have their records expunged. Many states automatically expunge a juvenile's criminal record; however, Pennsylvania does not. (Here, in Illinois, juvenile records are also not automatically expunged; instead, a petition must be filed and the judge must enter an order to expunge the juvenile record.)

Greylord judges were not juvenile judges but the issue is still the same: like Judge Ciavearella, Greylord judges did not act impartially but instead had a vested interest in cases by getting paid by defense attorneys in exchange for favorable sentence.

For example, one man pleaded guilty to a crime he did not commit because his attorney (whom he met when the attorney approached him in the hallway the first day of court) told him that if he signed over his bond money, the attorney would "make the case go away." Little did the man know that he was pleading guilty to felony probation and would be a convicted felon for the rest of his life.

Each person's story is different, of course, but in the fairness of justice, I believe it is only appropriate to remove the crimes of those convicted by the 17 Greylord judges. Too many lives have been permanently ruined by corrupt judges. The incarceration of the Greylord judges is only one piece of righting their wrongs. The victims in these cases should also be rehabilitated by an pardon and or expungement of any case heard before the Greylord judges.

Governor Quinn, thousands of Illinois residents were affected by the Greylord corruption. The FBI did an incredible job at rooting out the evils within the justice system but rehabilitating the victims somehow was dismissed.

I know you are incredibly busy dealing with other serious matters; however, the power to pardon is an enumerated power given soley to you, our Governor.  Political backlash often follows after a pardon is granted but, in this case, your actions are would be clearly reasonable and justified. I look forward to hearing your response to my request.

Sincerely,

Tamara N. Holder - Attorney for and on behalf of Greylord victims

www.xpunged.com

Sunday
11Oct2009

AS NUMBER OF JOBLESS INCREASES, NUMBER OF THOSE IN NEED OF GOVERNOR'S PARDON INCREASES

The jobless crisis brings another dimension to the discussion: those with criminal records, whether a felony conviction or a simple misdemeanor arrest, are going to have a tougher time getting a job. In Illinois, people with misdemeanor arrests can generally expunge or seal their records from the general public view. But, in Illinois, felony convictions (besides a special type of probation given to a select class of drug or prostitution offenders) are permanently on your record...unless...the Governor grants you a pardon, otherwise known as executive clemency.

Background checks are becoming more and more prevalent. Employers are using the background check as a tool to easily weed out potential employees. Recent studies show that there are six applicants per one job opening. If you have a criminal record, the employer is probably very likely to toss you from the pile and move on to the other applicants.

In Illinois, Governor Blagojevich left approximately 2500 pardon petitions on his desk when he was tossed from office. Since Governor Quinn has stepped in, almost a year ago, he has granted just 18 pardons. Keep in mind, the backlog has grown even more - the Illinois Prisoner Review Board hears cases four times a year. So I bet there are at least an additional 500 stacked up for Governor Quinn.

That doesn't mean you shouldn't ask for a pardon if you need one. Hey, you don't get unless you ask. Or, you can always retain me and I'll do the asking for you!

In April 2009, Governor Quinn called the backlog "shameful" and vowed to start answering the petitions. But, since then, he has only granted 18.

People need pardons, especially in this poor economic time. Many people think a pardon is just for the serial killer or child rapist who served time in prison. Not true! Did you know that if you ever pleaded guilty or were found guilty of a felony and were sentenced to probation -- besides a few exceptions -- you are a convicted felon and you need a pardon if you want a cleared record! We must change the way society thinks about a pardon. The majority of my clients are seeking a pardon for a stupid mistake they made in their early 20's. Now, 10, 20, 30 years later, the person wants to move forward in their life and the felony probation keeps popping up on a background check.

Those who made a mistake should not have to pay for it for their entire life.

Our Governor, and governors across the country, can send a signal to society by granting pardons - We must be a more forgiving and less punitive society. Those who can prove rehabilitation should be entitled to eventually wipe their slate clean and leave the past in the past.

I cannot explain the feeling I get when I see the pain in an entire family's eyes, just because of a loved one's mistake. I cannot explain the feeling I get when I see a client who regrets making a stupid decision and has lost so much confidence because he cannot get a job. One of my clients recently applied for over 50 jobs in 8 months. Each time, his felony theft from over 10 years ago pops up.

Pardons are not just for the "underbelly" of society. You would be surprised to know most people in need of a pardon look just like you and me.

The Governor is the only person who can grant a pardon. He has a specific, enumerated power given to him; therefore, he must act on those requests. It is unfortunate the the Illinois Prisoner Review Board continues to do their job: they hear countless cases, stories, reasons, etc. from countless petitioners and countless parents. Unfortunately, all they can do is "recommend" denial or granting and then move onto the next case. Governor Quinn must start acting on that "shameful" backlog.

www.xpunged.com and www.tamaraholder.com

Monday
22Jun2009

MANY WANTED C-BREEZY TO GO TO STATE-PREEZY - INSTEAD, SENTENCE PROPERLY FOCUSES ON REHABILITATION 

Rihanna & Chris Brown in happier dayChris Brown is now a convicted felon for life. Today, he pleaded guilty to felony assault, stemming from an alleged altercation with then-girlfriend, Rihanna, on February 8, 2009. Article here.

Brown will serve five years probation and 180 days in jail or the equivalent -- about 1,400 hours -- in "labor-oriented service," said Sandi Gibbons, spokeswoman for the Los Angeles County District Attorney's office. He must also undergo a year-long domestic-violence counseling class, she said. He must check in with his probation officer every three months.

OVERCROWDING IN CALIFORNIA PRISONS

California is home to the largest prison population in the country, housing approximately 150,000 inmates. In fact, just several months ago, in February, a 3-judge panel ordered California to cut its prison population by 55,000 inmates in the next 3 years. NY Times article here.

Over-crowding is so severe that the state has failed to provide medical and mental health care to its inmates, killing at least one inmate every month. The panel found that this type of treatment is considered cruel and unusual punishment, which is prohibited by the Constitution.

California is not alone. Our country is the most incarcerating country in the world: 1 in 100 people in the U.S. are in prison. This number is astonishing and shameful. We cannot continue to put every person who commits a crime behind bars.

FOCUS MUST BE ON REHABILITATION - NOT INCARCERATION

What's the point of throwing Chris Brown into the prison system? I am not suggesting that he is better than any other inmate; however, the prison system is lacking rehabilitation services. Even if Chris Brown were sentenced to the maximum 4 years in prison, he would eventually get out prison. Then what? Do you really think that slapping the orange jumper on him for awhile will get him to change his violent behavior upon release? Of course not!

Instead of prison, the judge sentenced the young, 20-year old Chris Brown to a hefty amount of probation. Probation ain't no joke. He will have to check in with an officer every 3 months; he'll probably have to submit to random urine drops; and if he gets in any trouble whatsoever, his probation could be revoked at any time. Chris Brown will be under the microscope for 5 years.

Besides the monitoring, Brown is required to attend a year of domestic violence therapy. Good! This is not a service he would have received in jail. He clearly has violent tendencies. I would much rather he receive adequate counseling for 1 year while on probation than no counseling while in prison. Rehabilitation is the goal. I'm sure no other woman wants to get her face bashed in by an angry C-Breezy.

If some guy beat me up, I would want him to go to prison...or, I would want my dad to have a "talk" with him for a little bit. (Just kidding.) But, if you think about it, prison in America today is not the best form of punishment. That person will eventually be placed back into society, whether it's in one year or in 30 years. You don't want that person to come out of custody even more angry or simply unable to deal with the behavior that put him behind bars in the first place.

In my opinion, this is the best situation for Chris Brown. Five years probation is a very long time to be monitored by the court. A year of therapy is quite substantial. He's a convicted felon for life. Chris Brown has a long road to rehabilitation and, hopefully, today was his first step down that road.

P.S: Michael Lindsey, a domestic violence expert, saved my life. His daughter was killed by her boyfriend after he was released from prison. Michael was left to raise his grandson. Maybe if he received rehabilitation in prison, the outcome would have been different.

The day I went to Michael for help, at the age of 14, was the day I turned my life around. No, I wasn't a victim of domestic violence, nor was I a violent person. Instead, he came into my life at a time when I needed help, guidance and support. Thank you, Michael, for truly saving my life.

www.tamaraholder.com and www.xpunged.com