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

You and your ex split up.  You just wanted to talk to them, but now they’ve filed for an order of protection.  You thought you were making a few innocent phone calls. They claim you’re harassing them.

How do you know when your actions have crossed that line? What can you do?

The definition of harassment can be very fact specific, but here are some guidelines:

Illinois domestic violence law defines “harassment” as knowing conduct which is unnecessary to accomplish a reasonable purpose, and which would and does cause a reasonable person emotional distress. The following is presumed to be harassment:

• creating a disturbance at the victim’s place of employment or school;
• repeatedly telephoning their place of employment, home or residence;
• repeatedly following the victim about in public;
• repeatedly surveilling the victim by remaining outside their home, school, place of employment, vehicle or other place that they occupy or by peering in their windows;
•  threatening or attempting to remove or conceal the victim’s minor child;
• threatening physical force, confinement or restraint one or more times.

See 750 ILCS 60/103

            Because the definition of harassment is so fact specific, different judges may see the facts of your case very differently.  Even though the above behavior is presumed to be harassment, you may be able to convince the judge otherwise.  Would a reasonable person have been distressed by your calls?  Did you knowingly follow the petitioner to work or were you simply travelling to your own job?  Did you threaten to remove the minor child because the petitioner was endangering him or her?  How does the judge define the word repeatedly? An experienced attorney can help present your case to your judge in its most favorable light.

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.)

            Let’s say you got into a fight.  You may have been the aggressor, but you were badly injured and taken to the hospital.  While you were being treated, the police came in and took some of your things without a warrant and then you were charged with a crime.  Can they do that?

The Illinois Supreme Court says probably yes, but it depends on all the facts.

            The answer turns on whether you had a reasonable expectation of privacy in the trauma room.  A court considers the following factors: (1) ownership of the property searched, (2) whether you were legitimately present in the area searched, (3) whether you had a possessory interest in the area or property seized, (4) prior use of the area searched or property seized, (5) the ability to control or exclude others from the use of the property, and (6) whether you yourself had a subjective expectation of privacy in the property. The burden is on you to establish that you had a legitimate expectation of privacy in the searched property.

            In People v. Turner, the defendant was involved in a shooting and taken to the hospital. Police seized his bloody clothing while he was being treated in the emergency department.  The court held that the defendant failed to show he had a reasonable expectation of privacy in the trauma room where he was triaged. Although he was legitimately present in the trauma room, none of the other factors weighed in his favor. He had no ownership or possessory interest in the trauma room, and he failed to submit evidence establish the other factors.

            If you are charged with a criminal offense, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense.  Was the  police search legal?  An attorney may be able to argue that the facts of your case justify suppressing the evidence seized by police.

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 answer is not always.  An officer may pat you down for weapons if the officer is justified in believing that you are armed and dangerous.

If the officer is justified in believing you are armed and dangerous, the officer may take necessary measures to determine whether you are carrying a weapon and to neutralize that threat. The officer may search you only for weapons and only for protection, not for evidence. The officer’s belief that you are dangerous must be based on circumstances known to the officer at the time and cannot be justified after the fact.

For example in People v. Lockett,  officers frisked the defendant based on: (1) defendant looked in the direction of their unmarked vehicle; (2) he adjusted his waistband once, while the officers were in the vehicle; (3) he adjusted his waistband a second time when the officers approached him; and (4) he stated that he dropped a “bag of weed” after being ordered to remove his hands from his waistband.

The court found that the officers were not justified in believing the defendant was armed and dangerous, especially where he did not attempt to flee and simply adjusted his waistband. As a result, the court suppressed the evidence found in the illegal search and vacated the defendant’s convictions.

An officer may briefly stop and question you when the officer observes unusual conduct which leads the officer to reasonably conclude in light of his or her experience that criminal activity may be afoot.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Was the evidence against you legally obtained?  Did police have the reasonable suspicion needed to stop or investigate you? Did their actions go beyond what was justified by the circumstances? 

 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.)

            Even though Illinois abolished cash bail, you may still be held in jail before trial if  you are a threat to safety or a flight risk. Even so, the state must show by clear and convincing evidence that  less restrictive conditions of your release would not avoid this threat.

At your pretrial release hearing, your attorney may be able to argue that some combination of conditions would protect the community enough to keep you out of jail.  Perhaps you could be placed on either GPS or electronic home monitoring. For example:

• In People v. Castillo, the defendant was charged with home invasion and child endangerment. The trial court did not adequately explain why electronic home monitoring at an inpatient facility and at the defendant’s mother’s home would have protected the community and insured defendant’s appearance in court.

• In People v. Earnest, the state argued that the defendant was a flight risk but did not show why some combination of conditions would not avoid this risk. 

• In People v. Carter, the defendant was charged with aggravated battery and aggravated discharge of a firearm.  The trial court ordered pretrial detention. The appeals court, however, said the trial court should have considered conditions short of detention as well as the defendant’s lack of criminal history.

On the other hand, in People v. Perez,   the defendant was charged with battery only 12 days after being released before trial on another offense. Defendant also had a history of domestic battery and other violent crimes. Thus, the court concluded that no combination of conditions would work.

If you have been charged with a criminal-related offense and are facing a pretrial detention hearing, contact an experienced attorney immediately.  An attorney may be able to show why you should be allowed to remain out of jail before trial.

 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.)

            Your New Year’s resolution is to finish old business.  Years ago, you left behind an open Illinois criminal or DUI case.  It’s been years, maybe even decades, but you would like to put the matter behind you once and for all.  Is it too late?

            The answer is probably not.  An attorney can usually petition the court to bring even a very old case back into court.  You would likely have to appear in person, but it may be possible to pick a date for you to come in ahead of time.

            Once the matter is reopened, an attorney can help you with the original offense.  In some instances, the state may no longer be able to prove your case, leading to a dismissal.  In other cases, you might have to negotiate a plea agreement. 

            If your offense is severe, it may be more difficult to end the matter positively and quickly, but an attorney can help explain the benefits and drawbacks of going back to court as well as help you present your defense in its most favorable light.

            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 answer is generally no.  The fact you might have been drunk or high is not a get out of jail free card.  However, in limited circumstances, voluntary intoxication may be considered in deciding whether you had the necessary intent to commit the crime.

            In 2002, Illinois changed its law so that voluntary intoxication could no longer be used as a defense. However, the state must still prove all the elements of your offense beyond a reasonable doubt.  Certain crimes require proof of a specific intent—that you intended to commit the offense (as opposed to general intent where you could have expected the result to flow from your voluntary act).  If the state must prove specific intent, then the judge or jury may consider your intoxication in determining whether you could form that intent.

Note that involuntary intoxication is still a defense if: (1) your condition was involuntarily produced, and (2) it deprived you of the substantial capacity either to appreciate you were committing a crime or to conform your conduct to the law. See 720 ILCS 5/6-3.

If you have been charged with a crime, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  Did police gather the evidence legally?  Can the state prove the offense? Even if police followed procedure and the state’s evidence is airtight, 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.

Reference:  People v. Grayer.

(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.)

Under Illinois criminal law, there are four types of stalking:

* Knowingly engaging in a course of conduct that you should have known would cause a reasonable person to fear for their own or another’s safety or cause them to suffer emotional distress.

  *Knowingly and without legal justification, at least twice, following or surveilling the other person, and threatening them or their family member with bodily harm, sexual assault, confinement or restraint, or causing them to reasonably fear such harm. 

*Following and threatening the same person you were previously convicted for stalking.

*Making threats that are part of a course of conduct, and you are aware of the threatening nature of your speech.

A “course of conduct” means two or more acts, including indirect acts or acts through a third party, by any means where you follow, surveil, threaten or communicate to or about  a person, make contact without their consent or interfere with their property or pet.

Stalking is a Class 4 felony, punishable by 1 to 3 years in prison. A later offense is a Class 3 felony, punishable by 2 to 5 years.

If you are charged with stalking or a similar offense, contact an experienced criminal law attorney immediately.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Did you act knowingly?  Were your actions a course of conduct?  Is the victim’s fear reasonable?  Were you acting in self defense? 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.

Reference:  720 ILCS 5/12-7.3

(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.)