Under Illinois accountability law, you can be charged with another’s crime when either before or during the offense, you solicit, aid, abet, agree or attempt to aid, such other person in the planning or commission of the offense” while intending to promote or facilitate the crime. (720 ILCS 5/5-2).

To prove a defendant intended to aid a crime, the State must show either (1) the defendant shared the criminal intent of the main defendant, or (2) there was a common criminal design. Under the common design rule, if “two or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the design or agreement and all are equally responsible for the consequences of the further acts.” (See People v Fernandez). In other words, you can be charged with any crime your co-defendant commits even if you were nowhere in sight. The state may also prove you had a common purpose if you voluntarily joined a group that you knew intended to commit a crime.

One example of accountability law is People v Kessler. A defendant and two other men planned to burglarize a bar. The two men entered the bar while defendant waited in the car. Surprised by the bar owner, the men shot and wounded the owner, then fled on foot. Police chased them and one man shot at police. Although defendant remained in the car the whole time, he was convicted of the burglary and the attempted murders. (See People v Kessler).

If you are charged because of another’s crime, contact an experienced criminal law attorney immediately. Do not discuss your situation with the police or third parties. Any attempt to explain yourself might give the prosecution just the evidence they need to convict you as well as limit any potential defense.

As with most crimes, the State must prove you guilty beyond a reasonable doubt. Did you know what was going on? Maybe you gave the co-defendant a baseball bat because they told you they were going to play ball. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse, may be able to negotiate a better plea agreement than you could on your own.

If you have questions about this or another related 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.)

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Can you face the same charges as the guy who did the real damage?

Yes. Under Illinois accountability law, you can still be convicted even if you weren’t the one who really hurt the victim. If you engaged “in a common criminal design,” you can be responsible for anything that happens in carrying out that design. (See People v Boguslaw Czapla, 2012 IL App (2d) 110082.)

To convict you, the State must prove beyond a reasonable doubt that: 1) you solicited, aided, abetted, agreed or tried to help someone commit a crime 2) either before or during the crime and 3) that you intended to do so. This is how a defendant who solicits a murder can be convicted of that murder even if he or she wasn’t near the crime scene.

If you are charged with a crime, contact a criminal law attorney immediately. An experienced attorney can review your case for the best possible defense. Did you intend to help commit a crime? Can the state prove you were involved? Even if the evidence is overwhelming, an attorney who is respected in the courthouse can often negotiate a better plea agreement than you could on your own.

If you have questions about this or another related 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 post “I DIDN’T REALLY DO ANYTHING”: HOW YOU CAN BE CONVICTED UNDER ILLINOIS ACCOUNTABILITY LAW appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

In Illinois, if you help someone commit a crime, even if your help took place before or after the event, you can be charged with the same offense. Helping is legally defined as soliciting, aiding, abetting, agreeing or attempting to aid the other person in the planning or commission of the offense. This can include driving someone to or from the scene or even loaning them your car as long as you had the intent to facilitate the commission of the crime.

Furthermore, if you help plan a crime or conspire to commit a crime, and there is one act taken by any of the conspirators to further the crime, you are now liable for everything that happens even if someone else did it. For example, if you plan to rob a store and your buddy shoots the store clerk, you can now be charged with the shooting even if you weren’t in the room.

If you are involved with a crime and may have aided or abetted the offense, it is critical that you make no statements about the situation to the police or anyone else. You may not think your conduct amounted to criminal involvement, but your statements may be enough to guarantee your conviction. Furthermore, if you do attempt to minimize or lie about your involvement in the crime, any statements you make may trap you later. The best policy is to say nothing without the advice of an attorney.

If you are charged with this type of crime, there may still be hope. Your involvement in the crime may have been too minimal to convict you. The state still has the burden of proving beyond a reasonable doubt that you intended to participate in the crime.

If the crime has not yet taken place and you now want out of the conspiracy, you might still avoid criminal responsibility if you do one of three things: You can warn law enforcement or be sure to undo any help you provided or make a proper effort to prevent the offense. An attorney can help you determine your best strategy.

If you have any questions or wish to talk to an attorney, do not hesitate to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com. If the matter is urgent, a phone call will insure a more timely response.

Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+5&ActID=1876&ChapterID=53&SeqStart=7100000&SeqEnd

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

The post “I DIDN’T DO IT!”: WHEN YOU ARE CHARGED AS AN ACCESSORY TO A CRIME appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.