A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

The answer is no, but it is generally possible to get a pardon case expunged by filing a petition in the county where your criminal case occurred. The chief judge of that county, however, has full discretion over whether to grant your request.

In some counties expungements for pardoned offenses are reliably granted.  However, all judges retain the right to grant or deny a petition to expunge a past criminal offense.  For example, a judge may decide that a case was too severe to deserve a fully cleaned slate.  Instead, the judge might order that your case be sealed.  If so, your conviction would still be off-limits to virtually all non-government entities other than the police. 

Generally, expungements for relatively minor drug offenses and financial crimes are easier to get than those for more serious or violent felonies.  That said, there is still a chance that a pardon will enable you to get past your criminal record.  

If you have questions about a pardon or executive clemency, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Obtaining an answer to your petition for executive clemency could take as little as a few months, but usually it takes much longer.

The Illinois Prisoner Review Board accepts petitions for executive clemency at all times, but the wait for a decision can be lengthy.  An attorney can prepare and file your petition for clemency in a matter of weeks, particularly if there is ample evidence that you have reformed.

Once the pardon is filed, several more things need to happen.  The pardon board will schedule a hearing, if one is requested.  As a general rule, you should agree to appear at a hearing, so that you may present your case in its most favorable light. This is not essential, but it is very helpful.

Next, the members of your panel will need to agree that you have a meritorious case.  If they do vote yes, that recommendation is sent to the governor. 

Once the governor and his staff have received the pardon, it will be added to a list of pending pardons and reviewed. Even if the governor reaches a decision in a relatively short time, it is unlikely that a decision on your pardon would be issued until at least a year has passed from the time of filing.  The governor has no deadline for replying, and no reason for a refusal is given.

If the pardon is granted, you may need to petition to expunge your criminal record in the courthouse where your case took place.  If the pardon is denied, you must wait one year from the date of denial to try again.

If you have questions about obtaining a pardon or executive clemency, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

 (Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The answer is no.  Even so, you may want to consider hiring one.

In order to file an Illinois pardon, certain critical documents are needed.  You can probably get most of these with minimal difficulty.  The harder part is writing your personal statement and explaining why you believe you need the pardon and, more importantly, why you deserve it.

A troubling issue for people seeking pardons is that it can be challenging to figure out what parts of your life story are more and less important.  The prison review board carefully looks over each request for pardon that comes to their office, and it can be tough to decide what is important and what can be left out.

There is also a real need to accept responsibility for your conviction.  In truth, pardons based on claims of actual innocence almost never happen unless a court has first cleared a defendant of the original conviction. And even then, a pardon is not automatic.

 If you have questions about obtaining a pardon or executive clemency, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

 (Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

You were invited to a party at the apartment of someone you didn’t know very well. The party was fun, and you drank a lot. Shortly after you left early in the morning, you realized you forgot your coat. You thought you remembered the apartment, but when you rang the bell, no one answered. The door was unlocked, so you figured you’d just go in and get your coat. You knew the host wouldn’t mind. But to your horror, you entered the wrong unit. The residents had been sleeping and immediately called the police. You ran away, but the police picked you up down the street. Now you are charged with criminal trespass to a residence.

What is that? What can you do?

Under 720 ILCS 5/19-4, criminal trespass to a residence means that you knowingly entered or remained: (a) without authority within any residence, including a house trailer that is the dwelling place of another. This is a Class A misdemeanor, punishable by up to one year in jail; or (b) in someone’s residence when you knew or had reason to know that someone else was present. This is a Class 4 felony, punishable by 1 to 3 years in prison. For apartment buildings, a residence means the actual apartment unit and not the common areas.

If you are charged with criminal trespass, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Were the residents able to identify you? Did you knowingly enter without authority or did you believe you had permission? Did a third party let you in? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Although courts are doing more in person, many court appearances still take place on zoom in the Skokie, Rolling Meadows, Daley Center and other courthouses. This can seem intimidating, but it’s really not that scary.

When you are arrested for a criminal, DUI or traffic offense, the officer will give you information on when and where to go for your first court appearance. Unfortunately, this does not usually include the zoom meeting and pass codes you will need to log into the courtroom. You will have to search the court’s website in the county where your case is located to find that information. If you hire an attorney, the attorney can provide this information to you.

In order to attend court, you will likely have to download the zoom app. Once you have done so, you can enter the virtual court at your scheduled time. Defendants logging into the courtroom will receive a message that the “meeting host will let you in soon.” This is normal and no cause for concern (unless you have the wrong meeting code information). Once the judge is ready, he or she will admit you. Be sure to turn on the video but mute your sound until the judge calls your name.

If you have an attorney, the attorney will answer on your behalf. At that point, the judge will look for you on the call. On your first court date, the attorney will enter his or her appearance and ask for copies of the evidence against you.

Although you are not appearing in person, you should dress and act as though you were physically in court. You should treat zoom court as though it were a business meeting for a job you really hope to get.

If you have been charged with a criminal, DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense as well as helping you navigate your way through the court system.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The officer stopped you for DUI near your home. You tried to reason with him to let you go. When he didn’t, you drunkenly tried to hit him. You missed. But now you are charged with aggravated assault on top of your DUI.

Can they do that? What can you do?

In Illinois, you commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Normally, this is a relatively minor offense—a Class C misdemeanor punishable by up to 30 days in jail. See 720 ILCS 5/12-1. However, when you swiped at that officer, your offense became a Class 4 felony based on assaulting a peace officer or other emergency personnel, either while performing their official duties or because you wanted to stop them or retaliate against them for performing those duties. 720 ILCS 5/12-2(b)(4.1).

As with most crimes, the state must prove you guilty of all elements of the offense beyond a reasonable doubt. Did you act knowingly? Note that drunkenness is not a defense here. But what if you swung your arms without realizing the officer was behind you? Was the officer’s fear of battery reasonable? Was the officer performing official duties? What if the officer was not on duty and just came over to watch your arrest? An experienced attorney can raise doubts about the state’s case. If, however, the evidence is overwhelming against you, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)