Archive for April, 2011
San Antonio Texas Criminal Defense Attorney Kerrisa Chelkowski
If you have been charged with a criminal offense in the San Antonio area please fill out our criminal defense form so we can quickly assess your case. After being charged with a federal or state crime in Texas, you need a criminal defense attorney who can deliver an aggressive and effective defense to ensure the best possible outcome for your criminal case. You don’t need empty promises. I have the experience to ensure the best possible results. My objective is always to protect your future. At the Law Office of Kerrisa Chelkowski, in San Antonio, Texas, I focus on criminal defense. Before opening the Law Office of Kerrisa Chelkowski, I worked for two years as a prosecutor and gained valuable experience that I now use to represent you. Being a prosecutor, I know what the state government can and cant do; it keeps me a step ahead of your case. As a prosecutor, I tried numerous cases and handled appeals through argument to the Fifth Circuit Court of Appeals. I know how important it is to move quickly, aggressively, and decisively to protect your rights and challenge the prosecution’s case, and I know how important it is to keep you fully informed of your case. I will put you at ease and explain every step in your defense. My experience helps you from investigation through post-conviction. I offer effective, skillful criminal defense for charges such as: Federal offenses: I have an in-depth understanding of federal criminal law and federal court requirements, including …
The Loeb-Leopold Case: With Excerpts from the Evidence of the Alienists and Including the Arguments to the Court by Counsel for the People and the Defense

Reprint of first and only edition. The Loeb-Leopold case was one of the most fascinating and sensational trials of the twentieth century. On May 21, 1924, Nathan Leopold and Richard Loeb confessed to the thrill killing of fourteen-year old Bobby Franks. Clarence Darrow led their defense team. Robert Crowe, the prosecutor, was an equally skillful adversary. What is more, both attorneys called “alienists” to the stand who offered conflicting assessments of the defendants’ mental states. Though their guilt was beyond question, Darrow hoped to save them from the electric chair. His successful twelve-hour plea, one of the greatest courtroom speeches in history, moved the presiding judge to tears. This chronicle includes extensive excerpts from the court transcript and the complete speeches of the attorneys and “alienists.”
Establishing Insanity Defense in Criminal Cases
When a serious criminal charge, like battery or murder, affects an individual’s life, it becomes necessary to build up adequate defense. You may be quite familiar with the use of insanity defense, credit goes to the media for focusing on this; however, it requires expertise in criminal laws to establish this before the judge/jury.
Illinois sets a high standard regarding this defense strategy. In such a circumstance, it would be necessary for you to find the right criminal defense lawyer for the task. Before you consult a legal practitioner for this, here is a look at certain details.
The American Law Institute designed the most comprehensive test for establishing this ground — the Model Penal Code Test in 1962. The establishment of insanity as per Illinois laws, a modified version of the Model Penal Code Test, incorporates the elements of all three previous rules –
The absence of the knowledge to differentiate between right and wrong from The M’Naghten Rule
The prerequisite of lack of control to stop oneself from wrongdoing from The Irresistible Impulse Test
The necessity to establish mental disease or defect from The Durham Rule
The basis of this theory is whether the defendant has substantial mental incapacity to appreciate the criminal aspect of their actions or understand the legal consequences of their actions. Along with this, medical diagnosis for detecting mental disease or defect is also an essential according to this rule.
One significant diversion from the original Model Penal Code Test is the burden of proof. While the original requires the prosecution to prove this beyond a reasonable doubt, in Illinois, the defendant has the burden of proof. Therefore, if you plead on insanity grounds, your Chicago criminal defense lawyer would need to establish it.
It is necessary to find a qualified and experienced lawyer to prepare for this defense. This is perhaps one of the most difficult things to establish before a court of law. A competent legal professional would know how to negotiate the matter with the prosecution during the pre-trial stages.
Before you get a lawyer to represent you, ask the two fundamental questions — Do you have the necessary qualification? Do you have the necessary experience? Do not compromise on these two aspects when choosing a lawyer. It may be your only chance to avoid penalties like imprisonment.
Do not delay in getting legal help if you ever face criminal charges. Any delay could hamper the scope of your case. Moreover, your legal professional would need time to investigate, analyze and build up your defense.
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Originally published here.
James Blatt