In Caetano v Massachusetts, the defendant obtained a stun gun in order to defend herself against an abusive boyfriend. The U.S. Supreme Court rejected the state’s arguments that 1) stun guns were not common when the Second Amendment was enacted, 2) they are thoroughly modern and 3) they are not readily adaptable for military use. The court had previously ruled that the Second Amendment extends to the states and to weapons that had not existed when the Bill of Rights was written. Therefore, the Massachusetts’ ban on stun guns was unconstitutional.

If you are charged with unlawful possession of a weapon, contact an experienced criminal law attorney immediately. An experienced attorney can determine your best possible defense. If the police lacked probable cause to search you or your premises, an attorney may be able to petition the court to throw out the evidence against you. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to obtain 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.)

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You were visiting a friend when a police raided his home. In the raid, police found some ammunition or other weapons. You have a criminal record and are not allowed to possess these items. Can the police charge you with illegal possession? Can they prove the contraband was yours?

Under Illinois law, the state may prove either actual or constructive possession of contraband in order to show it belonged to you rather than someone else.

Actual knowledge may be proven if the illegal weapons are found on your person or in your immediate possession or control.

The State can prove constructive possession through circumstantial evidence. Here, the State must show that you knew about the illegal items and exercised immediate and exclusive control over the area where they were found. Constructive possession can be demonstrated when you once had physical control over the items and you intended to exercise control again, you did not abandon the items, and no other person obtained possession.

In one Illinois case, People v Moore, police were executing a search warrant when they saw defendant jump out a bathroom window. While police found some of defendant’s clothing and one piece of his mail inside the house, a defense witness testified that defendant did not live there. The court held that defendant’s flight did not prove constructive possession of the ammunition. The mail and clothing were also not enough to prove possession, since they were found in another part of the home from the bullets and drugs.

In People v Terrell, the defendant was convicted based on contraband found in a hidden compartment in the hall closet. Although some of defendant’s personal items were found inside the home, the state could not prove that defendant knew about the secret compartment or had even entered the home. Therefore, the state could not prove actual or constructive possession, and the defendant’s conviction was reversed.

If you are charged with illegal possession of contraband, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. As with most crimes, the state must prove each element of an offense. Can they prove that you had exclusive control over the premises where the contraband was found?

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 POLICE PROVE THE WEAPONS ARE MINE? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Unless you’re caught red-handed, the state can show the contraband is yours through the doctrine of “constructive possession.” To do so, the state must prove beyond a reasonable doubt: 1) that you had knowledge of the contraband and 2) that you exercised immediate and exclusive control over the area where the goods were found. This evidence can be circumstantial.

A recent Illinois appellate case provides a good illustration of the law. (See People v Maldonado.) In Maldonado, the court reversed defendant’s convictions for possessing heroin and ammunition. The state did not prove that the defendant had control over the premises where the search took place. Although the state had three pieces of mail addressed to defendant at the premises, it still could not show that the defendant had been near the contraband or even at the site.

Mail addressed to a defendant where contraband is recovered may prove possession if the defendant is at the scene during the search. However, mail alone may not be enough if the defendant is not present and there is little other evidence to show the defendant lives at the search premises.

The court contrasted the facts in Maldonado with a prior case where defendant had keys to both the home and the bedroom where the drugs were found, listed the search premises on his driver’s license, received mail at that location and gave the premises as his address to his parole officer.

If you are charged with this or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Even if 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.

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 LAW ON PROVING POSSESSION OF DRUGS OR WEAPONS IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

While you don’t condone the use of drugs and the Swiss knife was an oversight, you think the school overreacted. Anyway, doesn’t your son have any rights? And what can you do now?

While Illinois schools are bound by the Fourth Amendment prohibition against unreasonable searches and seizures, they may have greater leeway in conducting a search than your local police. For one thing, a school official need not obtain a search warrant provided he or she has reasonable grounds for believing that the search will turn up evidence that your child has violated school rules. For another, because lockers are considered school property, the school is allowed to randomly search your child’s locker.

But this doesn’t mean that a school can get away with everything. The school cannot search your car without your permission if your child is a minor. If your child is an adult, he or she must consent to the search unless the school obtains a warrant. The school must also point to specific facts, which led officials to infer that your child had done something wrong.

If your child is being disciplined and/or prosecuted as a result of a search or seizure, there may still be hope. In Illinois, a school generally cannot suspend or expel your child without some form of hearing. Your are also entitled to a hearing in the criminal or juvenile court. An attorney can help evaluate your child’s case in order to determine the best defense strategy before the school and the criminal court. Did the school have the specific, articulated facts required to justify the search? Can the search of the car be suppressed because the school lacked the appropriate consent? Does your child have exclusive access to his locker or could someone else have slipped the drugs into it?

Whether the incident is or isn’t charged in a criminal or juvenile court, you and your child should not communicate with anyone but an attorney about the incident, whether by speaking, texting or emailing. Statements made to friends could end up as evidence against your child. Equally important, you and your child should refrain from discussing the incident on any Facebook, Myspace or similar pages. Any references to the incident should be removed.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related school law blog at http://northshoreschoollaw.com.

The post CAN THEY DO THAT? SCHOOL SEARCHES OF STUDENTS FOR DRUGS AND WEAPONS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.