Many years ago you were young and reckless.  You got arrested in Illinois.  You wanted to pretend your case didn’t exist, so you skipped out on your court date and eventually moved out of state.  Older and wiser, you worry that a routine traffic stop will send you back to Illinois in handcuffs.

Now, you are ready to deal with your past, clear the warrant and deal with the underlying case.  Can you put it behind you?

The answer is very likely yes.  An attorney can bring your open warrant before your original court to ask a judge to vacate or set it aside.  You would likely have to appear in person for a hearing on this procedure, but you may even be able to make later court appearances on zoom.

Once the warrant is set aside, you will have to settle the underlying offense.   An attorney can help negotiate a plea agreement or take your case to trial.  If you have been gone a long time, the evidence against you may have grown cold.  Therefore, it may be more difficult for the state to try your case. In rare cases, if the offense is very old and relatively minor, the judge might even be willing to dismiss it.

      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 post CAN I CLEAR MY OLD ILLINOIS ARREST WARRANT WHEN I LIVE OUT OF STATE? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

The answer may turn on the exact moment you were legally under arrest.

Generally, you are under arrest if a reasonable person in your shoes would feel they were not free to leave. If you could have walked away but didn’t, your statements may be used against you. If a reasonable person would not feel free to leave and no Miranda warnings were given, an attorney may be able to ask the court to suppress your statements.

To determine when you are under arrest, Illinois courts have weighed the following factors: 1) the threatening presence of several officers, 2) some physical touching of your person, 3) the use of language or tone of voice indicating that you may be compelled to comply with the officer’s request, 4) the time, place, length, mood, and mode of the encounter between you and police, 5) any indication of formal arrest or restraint such as the use of handcuffs or display of weapons, 6) the officers’ intent, 7) your subjective belief or understanding, 8) whether you were told you could refuse to accompany police or that you were free to leave, 9) whether you were transported in a police car, 10) whether you were told you were under arrest, and 11) the language officers used.

For example, in People v Gutierrez, the court found that the defendant’s actual arrest occurred in defendant’s home rather than at the police station. Six to ten armed officers had arrived at defendant’s home awakening him at 5 a.m. Officers searched defendant’s bedroom. Defendant was never told he was free to leave. Finally, defendant was handcuffed and transported in a police car, although this was not necessary to ensure the safety of the officers or investigation. Therefore, a reasonable person would not have felt free to leave. Because defendant’s arrest had been illegal, his statements could not be used unless the prosecution could otherwise show that the statements did not stem from the illegal arrest.

If you are charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can evaluate your case for its best possible defense. If officers lacked probable cause to arrest you or failed to read your Miranda warnings, an attorney may petition the court to dismiss the evidence against you. Even if officers acted legally and 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.)

The post CAN YOU SUPPRESS INCRIMINATING STATEMENTS MADE AT AN ARREST? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

The answer may turn on when you were legally under arrest.

Generally, you are under arrest if a reasonable person in your shoes would feel they were not free to leave. If you could have walked away but didn’t, your statements may be used against you. If a reasonable person would not feel free to leave but no Miranda warnings were given, an attorney may be able to ask the court to suppress your statements.

To determine when you are under arrest, Illinois courts look at the following factors: 1) the threatening presence of several officers; 2) an officer’s display of a weapon; 3) some physical touching of your person; and 4) the use of language or tone of voice indicating that you may be compelled to comply with the officer’s request. Additionally, Illinois courts look at: 1) the time, place, length, mood, and mode of the encounter between you and police; 2) the number of police officers present; 3) any indication of formal arrest or restraint, such as the use of handcuffs or drawing of guns; 4) the officers’ intent; 5) your subjective belief or understanding; 6) whether you were told you could refuse to accompany police; 7) whether you were transported in a police car; 8) whether you were told you were free to leave; 9) whether you were told you were under arrest; and (10) the language officers used.

For example, in People v Gutierrez, the court found that the defendant’s actual arrest occurred in defendant’s home rather than at the police station. The court reasoned that six to ten armed officers arrived at defendant’s home awakening him at 5 a.m. Officers searched defendant’s bedroom. Defendant was never told he was free to leave. Finally, defendant was handcuffed in the police car, but not for the safety of the officers or investigation. Therefore, a reasonable person would not have felt free to leave. Because defendant’s arrest had been illegal, his statements could not be used unless the prosecution could otherwise show that the statements did not stem from the illegal arrest.

If you have questions about a criminal case, contact an experienced criminal law attorney immediately. An attorney can evaluate your case for its best possible defense. If officers lacked probable cause to arrest you or did not read your Miranda warnings before your arrest, an attorney may be able to petition the court to throw out the evidence against you. Even if the officers acted legally and 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.)

The post CAN THE POLICE USE EVERYTHING I TOLD THEM AGAINST ME? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

For example, police must read your Miranda rights when they take you into custody. If they do not, any statements made in custody can be suppressed. However, your statements may be used in court if they are sufficiently removed from the illegal way in which the police obtained them.

To determine if your statements are far enough removed from the “illegal taint,” the court looks at four factors: (1) the flagrancy of police misconduct; (2) whether there were intervening circumstances; (3) the proximity of time between defendant’s arrest and statement; and (4) whether Miranda warnings were given to the defendant.

In a recent Illinois case, (People v Gempel), the court suppressed statements that defendant made after an arrest based on these four factors. The court found: 1) police misconduct was flagrant in that officers ignored defendant’s requests for an attorney, saying he did not need one; 2) the results of a DNA test did not create a sufficient intervening circumstance; 3) the 37 hours between the arrest and defendant’s statements may have coerced defendant into confession; 4) while officers repeatedly read defendant his Miranda rights, their continuous disregard of those rights in reality coerced his confession. Therefore, the state failed to “purge the taint of an illegal arrest,” and defendant’s statements could not be used.

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 post FRUIT OF THE POISON TREE: STATEMENTS FROM AN ILLEGAL ARREST appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Under Illinois case law, extracting your DNA is a search within the Fourth Amendment. Therefore, police must have either a warrant or probable cause before forcing you to submit it. Otherwise, you may voluntarily refuse to provide a sample. See People v Ealy.

Because your right to refuse to give a sample is constitutionally protected, the state may not use your refusal to show that you had consciousness of guilt at trial.

Once police have arrested you, they may take a cheek swab. The U.S. Supreme Court has held that such a swab is no more intrusive than taking fingerprints or mugshots and can be done as part of a booking procedure. See Marilyn v King.

If you have been charged with a criminal offense, contact an experienced criminal defense attorney immediately. An attorney can review your case to help present the best possible defense. If police acted illegally, an attorney may be able to petition the court to have any illegally collected evidence dismissed. Even if police acted properly and 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.)

The post CAN YOU REFUSE TO GIVE A DNA SAMPLE IN AN ILLINOIS CRIMINAL CASE? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Before he or she can stop you, an officer must have a reasonable, articulable suspicion of wrongdoing. Such a stop or search may be valid even if the officer misunderstood the law as long as that misunderstanding is reasonable. Laws can be complicated and ambiguous. A court will generally not penalize the officer over a complex law. However, if the officer’s mistake is unreasonable, you may be able to get the evidence against you dismissed.

In People v Flores, an officer stopped a defendant because he believed the defendant’s license plate frame violated Illinois’s plate-display law. In a subsequent search, the officer found heroin in defendant’s car. The Seventh Circuit Court of Appeals held that Mr. Flores’s car dealer-type license plate frame did not violate the law. Nor was it reasonable for the officer to think that it did. As a result, the court overturned the defendant’s conviction.

In contrast, the U.S. Supreme Court recently upheld a traffic stop where the officer mistakenly understood a North Carolina law to require two working brake lights. However, in that case, the law was subject to varying interpretations. Furthermore, the Court said its decision in favor of the officer only applied to reasonable mistakes of law. See Helen v North Carolina.

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 post THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Miranda must be given when an individual is in custody and before questioning begins. These rights only apply in inherently coercive, custodial situations. To determine when they apply, an Illinois court looks at 1) the circumstances surrounding an interrogation, and 2) whether a reasonable person would believe they were free to terminate the interrogation and leave. Surprisingly, the use of handcuffs does not automatically mean you are in police custody, although it may be a factor.

To determine whether a reasonable person would feel free to go, Illinois courts consider: 1) the location, time, length, mood and mode of the questioning; 2) the number of police officers present during interrogation; 3) the presence or absence of family and friends of the individual; 4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraining, booking or fingerprinting; 5) the manner by which the individual arrived at the place of questioning and 6) the age, intelligence and mental makeup of the accused..” (See People v Coleman.)

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine when you were under arrest and whether the police acted properly. If the arrest was not proper, an attorney can bring a motion asking the judge to throw out any statements you might have made after Miranda warnings should have been given. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

See our related post: Your Right To Remain Silent Under New Supreme Court Law.

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 WHEN ARE YOU UNDER ARREST? MIRANDA RIGHTS AND POLICE CUSTODY IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Can they do that? What can you do?

Whether your flight gives police grounds for arrest may depend on if you fled an arrest or a lawful investigatory stop rather than an unlawful investigatory stop. The Fourth Amendment protects you from illegal searches and seizures. You are not required to answer police questions. If the officer does not have a lawful reason to stop you at the beginning, your flight alone cannot justify an arrest.

However, if the officer had a lawful reason to stop you or the officer was arresting you. your flight may then raise grounds for suspicion and justify a later arrest. The evidence uncovered after your arrest may be admitted even if the officer’s original basis for arresting you was not legal.

For example, an officer stops you because you are in the park at night looking nervous. Nervousness by itself is not lawful grounds for a stop. The police must first have a reasonable, articulable suspicion of wrongdoing at the time he stops you. If the officer merely wanted to frisk you because you seemed nervous, your flight does not justify a later arrest.

Now let’s say the officer wants to stop you because he sees you carrying items that were just reported stolen or he had a tip that someone matching your description just fled the scene of a crime. The officer now has a legal reason to stop you, and your flight gives him or her grounds for arrest.

But let’s say the officer starts arresting you without a reason other than that you look nervous. You run. The arrest is now justified by your flight. Even though the original arrest was illegal, your flight can be used against you. Instead of being able to suppress the original unlawful arrest, you must now deal with an arrest lawfully based on your flight.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If your flight was the basis of an unlawful arrest, an attorney can petition the court to suppress the arrest along with any resulting evidence.

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.

Source: People v Shipp.

(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 CAN RUNNING FROM POLICE BE GROUNDS FOR ARREST IN ILLINOIS? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Can the police search your bag if you don’t own the car? What can you do?

Whether police can search your belongings in another’s car without a warrant turns on whether you had a reasonable expectation of privacy in the car or your bags. To determine whether you can challenge a search, the court weighs several factors including:

1) Do you own the car?

2) Do you have control of the car or a right to exclude others from using it?

3) Are you legitimately in the car yourself? If you stole the car, you would not have a right to prevent a police search of your belongings.

4) Do you have a subjective expectation of privacy in the car?

5) Have you previously used the area that was searched?

In general, passengers do not have a reasonable expectation of privacy in a car they don’t own, but may still have privacy rights in their own belongings. However, the court has found a privacy right where the passenger was given the keys to the car or was on a long road trip and stored their belongings in the car.

If you had a reasonable privacy expectation in the car, you may be able to challenge the search and any evidence that was seized. If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for the best possible defense and petition the court to suppress the results of any illegal search.

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.

Resource: People v Ferris.

(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 CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

1) DNA Swabs: Police may take a DNA swab from inside your cheek. While still an intrusion under your Fourth Amendment rights, the intrusion is minimal–no worse than taking fingerprints. (See Marilyn v King.)

2) Blood Draws: Police cannot force a blood draw before getting a warrant unless there are exigent circumstances, that is, a danger that the evidence will disappear. A DUI does not automatically provide the emergency circumstances necessary to permit police to have your blood drawn. A court must look at whether those emergency circumstances exist on a case by case basis. (See Missouri v McNeeley and see our related blog post ”Can They Take My Blood?”.)

3) Finger Nails: Older U.S. Supreme Court law permitted police to take fingernail samples when there was probable cause and the evidence would otherwise disappear. The police were concerned with preserving the scrapings from under the nail which the defendant was trying to rub off. (See: Cupp v Murphy)

4) Surgery to Remove Evidence: Older case law has held that surgery to remove evidence was unreasonable. The State sought to surgically remove a bullet from the defendant’s chest. The Court held that the intrusion to defendant’s body outweighed the state’s need for the evidence. (See: Winston v Lee)

5) Miscellaneous: The law has long allowed police to take fingerprints, voice samples, handwriting samples, photography and measurements. (See: U.S. v Wade).

If you have been charged with a crime and believe police took evidence from you improperly, contact an experienced criminal law attorney immediately. An attorney can review your case to present the best possible defense. If the police acted improperly, an attorney may ask the court to suppress the evidence and in limited circumstances may even get the case dismissed.

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 CAN POLICE USE YOUR BODY AGAINST YOU?: DNA SWABS, BLOOD DRAWS AND OTHER EVIDENCE appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.