Criminal Attorney, BailBonds.com Posted on May 9, 2016 We’ve been following the case of T.T. and her family for some time now. I’m pretty familiar with how things play out in Chicago, so we try and help where we can. That’s why I’m proud to share what has become a story that has brought public attention to the system that our loved ones suffer within. It’s heartbreaking, and at times infuriating to know that as a state and city we have been doing nothing but abusing the rights of our residents. Even our residents who haven’t lived here long enough to establish residency and become citizens themselves. At the heart of the matter are the civil procedures surrounding a minor traffic arrest. The Chicago Police Department does not have a process to arrest a minor for traffic related charges, so they arrest them for an outstanding warrant – sometimes even if there is no outstanding warrant for them. This is a technical violation that needs to be corrected. For the record, a minor traffic arrest is any arrest for offenses like, you know, driving without a valid license, failure to give information, disobeying a traffic signal, or driving without insurance. In the event that the alleged offense is of a different nature, for example a misdemeanor DUI, it will only be an arrest if the police make a warrant request through the Chicago Police Department. Otherwise, it will be a citation, and no warrant. In the case of T.T., she was arrested by Chicago Police Officers, put in handcuffs, transported to the police station and put into an interrogation room. Once there, she was given the choice to talk to the police or go to jail. This is a violation of the 4th and 14th amendments, which clearly state that you have the right to be free from unlawful searches and seizures, and also the right to be free from punishment unless convicted by a jury. In the case of T.T., she is only guilty of a minor traffic violation, yet she still had her Miranda Rights read to her, and was told that she could either go to jail or talk to the police. After the handcuffs were removed, the police began grilling T.T. about drug dealing and about someone named “Cheo.” T.T. was eventually released, but the fact that she was placed into custody and she was put through this interrogation all goes against her rights as a citizen. This case has brought to light a few problems in the legal system. First, the fact that the Chicago Police Department is allowed to make the decision if they have the authority to arrest anyone or not. In this case, they have no such authority, but they do it anyway. That is a breach of civil rights in and of itself, which many cities and states have been using in an attempt to curtail crime in their communities. By arresting minors for minor infractions, the department is basically doing its best to set a dangerous precedent, as citizens fear to call the police because of these types of things. The system is working as designed. Another issue in this case is the fact that Chicago Police have the same authority as a grand jury and do not have to arrest or produce a warrant to a person when dealing with a minor traffic violation. If it were your minor son or daughter that was arrested, or if they felt it was justified, you would be able to have the person released, correct? But, because the defendant is a minor, and not under the age of 18, the court does not have the authority to release the minor because she or he doesn’t have the right to a speedy trial or to a trial at all. And because of this, these minor traffic stops end up wasting hundreds of thousands of dollars and dozens of court hours. And finally, Chicago has a warrant system that is easily abused by the police officers in this city. In other words, once a minor is arrested, they will show up in a courtroom and the clerk will issue a warrant for them. Without it, the clerk is not allowed to release a minor without a parent or guardian present. This is a good process in place, but it’s being abused because a police officer just has to say the minor is a flight risk, or they don’t like the color of their skin. There needs to be a more stringent policy in place when it comes to the warrant system, because if a minor can just walk out of the police station or other facility, they can skip out on their court dates and any repercussions and just go on their way. In the end, I want to thank T.T. for her bravery and honesty. She is a very courageous young lady and for her to take such a hit on her life to put this into perspective is amazing. For every one of us, no matter who we are, to think about what our rights are and how we can help in these situations. Thank you for doing just that, T.T. Free Initial Consultation If you have been charged with a crime or need to speak to an attorney about your rights or have questions about your case call us (773) 703-0009. For a free consultation call or visit: www.CriminalLawChicago.com. Office Location We're social Office Hours Monday 8:00 AM - 4:00 PM Tuesday 8:00 AM - 4:00 PM Wednesday 8:00 AM - 4:00 PM Thursday 8:00 AM - 4:00 PM Friday 8:00 AM - 4:00 PM DisclaimerThe information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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