CAN I GET MY LOVED ONE OUT OF PRISON BECAUSE OF COVID-19?

Posted on April 8, 2020 by admin

If you have a loved one in an Illinois state prison right now, there may be hope for early release.

The current coronavirus pandemic across the world is unprecedented in many ways. There is a general agreement that Illinois should try to control the spread by reducing the number of prisoners in custody. Governor J.B. Pritzker has indicated that his staff will be evaluating cases on an individual basis.

If your loved one has a history of respiratory or lung issues, he or she may be an excellent candidate for a medical release. Bear in mind that while such a release is unlikely to be granted to convicted murderers and rapists, among others, thousands of current inmates in state prison may qualify.

While you may be able to fill out the request form yourself, an experienced attorney can help present your loved one’s case in its most persuasive light. Among the many questions to be addressed: Will the inmate have a place to live? Do minor children live there? What is their criminal record? Is there medical documentation for their condition?

Even if your loved one does not qualify for a medical release, an experienced attorney may still be able to help. Under the right circumstances, your loved one could qualify for a commutation of their sentence. While this procedure is lengthier and more complicated, there may still be hope.

If you would like to petition for a medical release or other form of executive clemency such as pardon or commutationa, 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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THE CRIME OF THREATENING A PUBLIC OFFICIAL IN ILLINOIS

Posted on April 3, 2020 by admin

Frustrated by a traffic stop, you let the officer know exactly how you felt. Or maybe you took your frustration out on a judge who ruled against you. Either way, you are now charged with threatening a public official.

Can you be convicted? The answer depends on what you said and the context in which you said it.

In Illinois, you can be charged with threatening a public official or human service provider when you knowingly communicate a threat that would place the official or their immediate family in reasonable fear of bodily harm, sexual assault, confinement, restraint or damage to property. The threat may be communicated in any way. Further, the threat must be related to the official’s status or performance of their job.

For the state to convict, your statement must be a “true threat.” True threats are those where you intended to threaten violence, but not necessarily where you intended to act on the threat. To determine your intent, the court looks at the totality of the circumstances.

Threats to police, social workers, caseworkers, investigators or human service providers must contain specific facts indicating a unique threat to their person, family or property and not a generalized threat of harm.

One Illinois court held that the language “I’m gonna get you,” was not a true threat because the state did not show the context in which the threat was made. Illinois courts have also held that a defendant’s yelling at a prosecutor to “come back and say that to my face” and a defendant’s threat to a judge that he’ll “be hearing from someone” were also not true threats.

Threatening an official is a Class 3 felony, punishable by 2 to 5 years in prison, for a first offense and a Class 2 felony, punishable by 3 to 7 years in prison for later offenses.

If you have been charged with a threatening an official or other crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. What exactly did you say? Can the state prove your intent? 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.

See 720 ILCS 5/12-9(a) and People v. Smith.

(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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ILLINOIS CYBERSTALKING LAW DOES NOT VIOLATE FIRST AMENDMENT

Posted on March 29, 2020 by admin

You texted some things you probably shouldn’t have to your ex-fiancé. You knew the texts were nasty, but you were blowing off steam. And what about your right to free speech?

A recent Illinois court decision has held that certain comments, such as true threats, are not protected speech under the First Amendment.

Under one definition of cyberstalking, the state must prove that you knowingly and without lawful justification harassed another person at least twice through electronic communication, and you transmitted a threat of bodily harm, sexual assault, confinement, or restraint which was directed towards that person or their family; or you placed that person in reasonable fear of such harm or you solicited a third person to commit cyberstalking for you. (See 720 ILCS 5/12-7.5(a-3)).

In People v. Crawford, the court rejected the idea that the cyberstalking law violated due process or free speech. In that case, the defendant sent several text messages telling the victim she was “GONE DIE,” and “I WILL F*** MURDER U.” The defendant argued his statements were protected by the First Amendment. The court disagreed stating that the defendant’s messages were true threats, and thus not constitutionally-protected speech. True threats are statements where you intend to communicate a serious expression of your intent to commit an act of violence to a particular individual or group. You need not actually intend to carry out your threat.

If you have been charged with cyberstalking or a similar offense, 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 all the elements of the offense beyond a reasonable doubt. Were your texts true threats or were they misunderstood? Were you just kidding around? Was the victim’s fear of harm reasonable? 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.)

Posted in cyberstalking, First Amendment, true threat | Leave a comment

WHAT IS THE CRIME OF AGGRAVATED STALKING IN ILLINOIS?

Posted on March 20, 2020 by admin

Under Illinois law, you commit aggravated stalking when you stalk another and either 1) cause bodily harm; 2) confine or restrain that person; 3) violate a court order; or 4) stalk a victim or their family when you were required to register as a sex offender because of an offense against that victim. (See Aggravated Stalking.)

Stalking means that you knowingly engaged in conduct directed at a specific person, that you knew or should have known would cause a reasonable person to suffer emotional distress or fear for their own or another’s safety.

Stalking is also defined as knowingly following another person and/or placing them under surveillance at least twice, and threatening them or placing them in reasonable fear of bodily harm, sexual assault, confinement or restraint. The threat must have been directed towards that person or their family member. Surveilling a person includes staying outside of their school, place of employment, vehicle, other place occupied by them or their residence unless it is your own.

Aggravated stalking is a Class 3 felony, punishable by 2 to 5 years in prison. A second or subsequent conviction is a Class 2 felony, punishable by 3 to 7 years in prison.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. Would your conduct have caused a reasonable person to fear harm? Was your conduct even directed at the alleged victim? Did you violate the specific terms of any no-contact order? As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. An attorney can probe for weaknesses in the state’s case in hopes of winning a not guilty verdict.

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. Taylor

(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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DO I STILL NEED TO COME TO COOK COUNTY COURT FOR MY CRIMINAL CASE DURING THE CORONAVIRUS QUARANTINE?

Posted on March 17, 2020 by admin

While the Cook County Circuit Court will be primarily closed from March 17, 2020 to April 15, 2020, you may still need to appear on certain criminal matters. Please be aware that the guidelines below may change. The best advice is to check with your attorney before your scheduled court date.

All adult criminal trials scheduled for the next 30 days are postponed and will be rescheduled. The court, however, will still conduct bail hearings, preliminary hearings and arraignments. Since these are the first three proceedings in a felony matter, you will likely need to appear if your felony is new.

The court will also enter plea agreements that conclude a case. A pretrial defendant may also request a bail review.

While high-risk adults on probation must still report to their probation officers, low and medium-risk adults need not meet in person, and a probation officer will contact them about a phone or video conference meeting.

Juvenile defendants in delinquency and criminal proceedings may still demand trial and the court shall still hold detention hearings to determine if a juvenile shall be held in custody while a case is open.

Most matters involving child abuse and neglect will move forward as well as orders of protection on domestic violence matters.

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: Cook County Circuit Court Information Regarding Coronavirus

(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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ARE STUN GUNS AND TASERS PROTECTED BY THE SECOND AMENDMENT?

Posted on March 6, 2020 by admin

According to the Illinois Supreme Court, the answer is yes.

The court struck down the portion of the Unlawful Use of a Weapon (UUW) law that banned carrying or possessing a stun gun or taser. See People v. Webb.

Under Illinois law, you can be charged with unlawful use of a weapon if you carry a concealed firearm in violation of the Firearm Concealed Carry Act. The Act allows you to carry a concealed firearm if certain conditions are met such as that you possess a valid Firearm Owners Identification card. Under the law, a concealed firearm is defined as “a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.” A handgun is then defined as “any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.”

A handgun does not include 1) a stun gun or taser, 2) machine gun, 3) short-barreled rifle or shotgun or (4) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

The Illinois Supreme court held that a stun gun or taser cannot be licensed under the FCCA because it is excluded from the definition of handgun, and that such a categorical ban violates the Second Amendment.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If you were charged or convicted under a law that was later ruled unconstitutional, an attorney may be able to bring a motion to have the charges dismissed or your conviction vacated.

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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CAN I BE CHARGED WITH ESCAPE FOR RUNNING FROM POLICE DURING AN ARREST?

Posted on March 3, 2020 by admin

You’ve seen the movies. The prisoner busts out of jail and makes a run for it complete with searchlights circling, dogs barking and sirens blaring. Obviously, that sort of escape is a criminal offense.

But what if you simply panicked and ran away from police during an arrest? Under Illinois law, you could be charged if you intentionally escape while in the lawful custody of a peace officer for an alleged offense. If your arrest is for a felony, you can be charged with a Class 2 Felony. If your arrest is for a misdemeanor, the charge can be Class A Escape. If armed with a dangerous weapon, your offense can be upgraded to a Class 1 Felony. (See 720 ILCS 5/31-6). If you are in a penal institution, escape can include failing to report back from a work furlough or day release. You can also be charged with escape for violating a condition of probation or supervision.

In determining whether you were in lawful custody, Illinois courts look at how much control the officer had over you and how much restriction was on your freedom of movement. Merely announcing you are under arrest might not be enough to establish lawful custody. In People v. Garza, however, the court held the defendant was in lawful custody where officers told defendant he was under arrest, stood within two feet of him and escorted him throughout the house after defendant was given permission to put on his clothing and say goodbye to his family, then escorted him down the stairs and through the door.

If you have been charged with escape or a similar crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Were you in lawful custody at the time? Even if the police acted lawfully 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.)

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CHILD ENDANGERMENT CAN LEAD TO MORE TROUBLE

Posted on February 20, 2020 by admin

You left your baby in the car while you were in the mall running errands. When you came out, a couple police officers had broken your window to check on your now-crying child. In the process, they found illegal medication on the back seat. Now you have been arrested for illegal narcotics and for child endangerment.

Did the police have a right to seize the drugs while dealing with your infant?

Under Illinois law, the answer is probably yes. As long as the officers were legitimately performing their community caretaking function, they need not ignore the evidence in front of them.

In People v. Woods, officers received a tip that the defendant had left her four-month old infant alone in the house. The officers knocked, listened for sounds of distress and peeked in windows to investigate. The officers entered the home after the defendant arrived. They found the infant had been alone and charged defendant with child endangerment. Defendant argued that once she arrived home, the officer’s community caretaking function ended, and thus, there was no need to investigate further. The court disagreed, finding it was reasonable for the officers to want to see that the infant was safe with their own eyes. Further, there was no evidence that the community caretaking function had been used as an excuse for a criminal investigation.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Was the seizure of evidence against you justified by the community caretaking function? If not, an attorney may be able to bring a motion to suppress the evidence from your arrest.

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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DID YOU INVOKE YOUR RIGHT TO AN ATTORNEY?

Posted on February 10, 2020 by admin

If you watch enough police shows, you know all about your right to an attorney when charged with a crime. But to exercise that right, you have to be specific.

Under Illinois law, you must clearly ask police for an attorney so that a reasonable officer under the circumstances would understand your statement to be a request for an attorney. Otherwise, the police can keep questioning you. Although no specific words are required, merely mentioning a lawyer to police is insufficient to stop the interrogation.

Courts have viewed the following language as not sufficient to invoke counsel: 1) “Maybe I should talk to a lawyer.” 2) “Am I going to be able to get a lawyer?” 3) “Do I need a lawyer before we start talking?” and 4) “I can’t ask for a lawyer?”

To protect your Miranda rights, you should say something like: “I invoke my right to remain silent and to have an attorney present,” or “I don’t want to answer any questions, and I want an attorney.”

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did you clearly ask for an attorney? If police continued to question you, your attorney may be able to petition the court to suppress any statements you made as a result.

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.

See People v. Brickhouse.

(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 MY FANTASIES OR INTERNET SEARCHES BE USED AGAINST ME IN A SEXUAL ASSAULT CASE?

Posted on February 3, 2020 by admin

You have been charged with criminal sexual assault of a minor child. After confiscating your computer, the state found your internet research on child pornography along with some stories you wrote. Can the state use these searches and stories to convict you?

Quite possibly. But like so much of law, it depends on the judge. The court could find your writings and/or your internet searches are relevant to show your intent to commit the crime.

Under the Illinois Rules of Evidence, your past acts are generally not admissible to prove you have bad character and thus, are more likely to commit a crime. However, such evidence can be used to show intent as well as motive, opportunity, preparation, plan, knowledge, identity or absence of mistake or accident. If your writings fall within one of those categories, they could be admitted.

In People v. Ressa, the defendant was convicted of aggravated criminal sexual abuse and child abduction. Both offenses require the state to prove intent. The trial court admitted into evidence “defendant’s delusional and fantastical writings, online searches relating to well-known cases involving children who had been murdered and sexually molested, and other items relating to children.” The court said this evidence was relevant to show whether the defendant touched the children for purposes of sexual gratification.

If you are charged with sexual assault or a similar crime, contact an experienced criminal law attorney immediately. As the court above noted, the trial judge must decide whether to admit such evidence on a case-by-case basis. An experienced attorney may be able to persuade the court that such evidence should be kept out at 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.)

Posted in child abduction, child pornnography, sexual assault of a minor child | Leave a comment