CAN YOU BE CHARGED WITH UNLAWFUL USE OF A WEAPON WHEN YOU ACTED IN SELF DEFENSE?

Posted on July 1, 2019 by admin

You were visiting family when things got crazy. One drunken relative started beating their spouse so you grabbed the family gun to put a stop to it. But since you didn’t have a gun license, the police arrested you on a weapons charge.

Can they do that if you were just trying to protect yourself? Depending on the facts, a recent Illinois court said no.

You may be charged with Aggravated Unlawful Use of a Weapon if you (1) knowingly carried or concealed on your person an uncased and loaded pistol, (2) at a time when you were not on your own land, in your own abode, or in a fixed place of business, or you were on public land, (3) that pistol was immediately accessible when you carried it, and (4) you did not have a Firearm Owner’s Identification card or concealed carry license.

On the other hand, you may be acting in self defense or defense of another if (1) unlawful force is threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force (by the threatened person) was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of force applied, and (6) the beliefs of the person threatened were objectively reasonable.

In People v. Crowder, 2018 IL App (1st) 161226, the court held that self defense could be a defense to a weapons charge: In that case, three men knocked down the defendant’s father and threatened to kill him. Defendant grabbed the gun from his father’s holster to protect both his father and himself. The court reversed his conviction based on necessity or self defense.

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. 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.)

Posted in necessity defense, self defense, unlawful use of a weapon, UUW | Leave a comment

CAN I SHOW MY TATTOOS AT TRIAL WITHOUT HAVING TO TESTIFY?

Posted on June 3, 2019 by admin

Let’s say you have been arrested based on an eye witness’s identification. The witness, however, is mistaken, and you can prove it by showing that you have physical characteristics missing from the witness’s description. For a number of reasons, your lawyer does not want you to testify on your own behalf. Can you show your physical characteristics without taking the stand?

A recent Illinois court decision says that you can—provided you can lay the foundation necessary to admit the characteristic into evidence.

In People v. Gonzalez, the defendant was linked to a murder based solely on eyewitness identification. The witnesses, however, did not mention the tattoos on defendant’s hands. The defendant wanted to show his tattoos at trial. The court denied his request reasoning that the state would be unable to cross-examine defendant as to when he had obtained the tattoos.

The appellate court disagreed. Physical characteristics are not testimonial and therefore do not raise the right to cross-examine. In fact, the state can force a defendant to show tattoos without violating the defendant’s right against self-incrimination. Foundation on the timing of the tattoos could instead be laid by a tattoo parlor receipt or by testimony from other witnesses who could then be cross-examined. Therefore, a defendant can show his tattoos without testifying.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can help present the facts of your case for your best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Can you present evidence in your defense without having to testify? 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.)

Posted in physical evidence, self incrimination, tattoo, testimony | Leave a comment

CAN YOU SUPPRESS INCRIMINATING STATEMENTS MADE AT AN ARREST?

Posted on May 27, 2019 by admin

When the police came after you, you said some foolish things that you wish you could take back. Is there a way?

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.)

Posted in arrest, confession, illegal arrest, incriminating statements, miranda warnings, motion to suppress, self incrimination, suppress statements | Leave a comment

CAN YOUR SPOUSE BE FORCED TO TESTIFY AGAINST YOU IN ILLINOIS?

Posted on May 10, 2019 by admin

You’ve seen the movie. The leading man’s girl knows too much about the crime. The solution: Get married! Then, she can’t be forced to testify.

But is that how it works in real life? For the most part, the answer is yes. But there are exceptions.

Under 725 ILCS 5/115-16, spouses may testify against each other but not as to any communications made between them during their marriage. For the marital privilege to apply, the communicating spouse must intend to convey a confidential message made in reliance on the confidence of the marital relationship.

The marital privilege does have limits. The communication must be confidential. It is not confidential if the communication is made before a third party. The third party may testify about what you said even if the third party was eavesdropping. Likewise, the third party may testify about written marital communications that he or she got through interception, loss or mistaken delivery.

Spouses may be compelled to testify against each other when they are involved in a joint criminal enterprise. As such, Bonnie could be forced to testify against Clyde. Your spouse may also testify if he or she acted as your agent.

Naturally, the privilege does not apply if you commit an offense against your spouse, their property or a minor child in either spouse’s care.

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. Is your spouse a witness in your case? Under the right circumstances, an attorney may be able to petition the court to exclude their testimony.

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. Gliniewicz.

(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 evidence, marital privilege, spousal privilege, spousal testimony | Leave a comment

IS PROTECTING MY PROPERTY A DEFENSE TO DOMESTIC BATTERY?

Posted on April 26, 2019 by admin

During a break-up, your now ex-girlfriend refused to give you your iPhone. She taunted you by threatening to drop it into a sink full of water, so you grabbed her and yanked it out of her hand. Now you are charged with domestic battery.

You were just trying to save your phone. Is that a defense?

To convict you of domestic battery in Illinois, the State must prove beyond a reasonable doubt that you knowingly, without legal justification, made physical contact of an insulting or provoking nature with a family or household member. 720 ILCS 5/12-3.2(a)(2). However, you may be justified in using force to defend your property if you reasonably believed that force was necessary to stop another from damaging or criminally interfering with personal property that is lawfully in your possession. 720 ILCS 5/7-3.

Determining whether you are justified in defending your property can be very fact specific and can greatly depend on how your particular judge views the evidence. Therefore, it is important to hire an experienced criminal law attorney who is familiar with the courthouse and can present the facts of your case in their best possible light. Do not try to talk your way out of your situation because you may instead give the state the evidence they need to convict you.

In People v Bausch, the court found a defendant’s use of force was not justified to defend his property where he grabbed his wife on the mere suspicion that the title and keys to his boat were in her purse.

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 Uncategorized | Leave a comment

ILLINOIS BATTERY TO A CHILD: WHEN DOES SPANKING GO TOO FAR?

Posted on April 19, 2019 by admin

At what point does a parent’s right to discipline his or her child turn into a felony?

Under Illinois law, parents who believe in corporal punishment may use it to discipline their children as long as such punishment is necessary and reasonable. Beyond that, you could be charged with domestic or aggravated battery.

So how do you know if you’ve crossed that line?

In Illinois, courts look at the following: (1) the degree of physical injury inflicted upon the child, (2) the likelihood of future punishment that may be more injurious, (3) the fact that any injury resulted from the discipline, (4) the psychological effects on the child, and (5) the circumstances surrounding the discipline, including whether the parent was calmly attempting to discipline the child or whether the parent was lashing out in anger.

In People v. Parrott, the court held that a parent’s discipline was not reasonable or necessary where the parent hit a six-year-old child several times with a belt for eating a biscuit, and the child had welts on his legs.

In People v. Royster, the defendant was the fiancé of the child’s mother and had permission to discipline her two-year-old. After the child threw a tantrum at a doctor’s office, the defendant repeatedly struck the child until office workers intervened. A jury convicted the defendant for aggravated battery.

If you are charged with battery to a child, contact an experienced criminal law attorney immediately. Do not try to talk your way out of the situation because you could end up giving the state the evidence they need to convict you. While the state must prove all the elements of the offense beyond a reasonable doubt, the parent has the burden of showing that any discipline was in fact reasonable and necessary. Because the determination of reasonable and necessary is so fact specific, an attorney can help you present your situation in its best possible 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.)

Posted in aggravated battery, battery, child abuse, child discipline, spanking | Leave a comment

THE CRIME OF FORGERY IN ILLINOIS

Posted on April 12, 2019 by admin

You altered a check made payable to your girlfriend, or you used her digital signature to get at her funds. Or maybe you used counterfeit money to pay for an expensive TV. Now you are charged with forgery. What is forgery? What can you do? In Illinois, you commit forgery when, you knowingly with intent to defraud:

(1) make a false document or alter any document to make it false and that document is apparently capable of defrauding another; or

(2) issue or deliver the knowingly false document; or

(3) possess, with intent to issue or deliver the false document; or

(4) unlawfully use the digital signature of another; or

(5) unlawfully use another’s signature device to create their electronic signature.

To convict you, the State must prove beyond a reasonable doubt that you acted knowingly and that you specifically intended to deceive someone in order to cause financial loss to another or financial gain to yourself. You need not actually defraud or deceive the other person. The court may infer your intent to deceive from all the facts surrounding your transaction

For most offenses, forgery is a Class 3 felony, punishable by 3 to 7 years in prison. Forgery is a Class 4 felony (1 to 4 years) if only one Universal Price Code Label is forged, and a Class A misdemeanor (up to 1 year in jail) if a coin or academic degree or coin is forged unless the academic degree is explicitly marked “for novelty purposes only.”

If you have been charged with forgery or a similar crime, contact an experienced criminal law attorney immediately. Because proving intent is so fact-specific, an attorney can help present your fact situation in its most favorable light. Can the state prove that your use of the digital signature was unlawful or that you knew the money you used was counterfeit?

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 Johnson.

(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 counterfeit, digital signature, felony forgery, forgery | Leave a comment

WHAT IS THE DIFFERENCE BETWEEN FELONY AND MISDEMEANOR DISORDERLY CONDUCT IN ILLINOIS?

Posted on April 5, 2019 by admin

(Updated 1/4/24: See our related posts at: Can I be Convicted of Disorderly Conduct for Asking a Question? and Disorderly Conduct: Calling in a False Alarm).

In Illinois, some types of disorderly conduct are more serious than others. Disorderly conduct can mean creating a public disturbance or peeping in windows, but it can also mean filing a false police report as was charged in the recent Jussie Smolett case.

The most familiar definition of disorderly conduct is also the least serious. If you acted unreasonably so as to alarm or disturb others, you can be charged with a Class C misdemeanor. Your conduct must have provoked a breach of the peace. For example, you yelled threats to beat someone up in an alley.

If you peep in windows, the charges are stiffer. It is a Class A misdemeanor if you enter another’s property and deliberately look into their dwelling for a lewd or unlawful purpose.

If you made a false report, the severity of your offense depends on to whom you made the report. Disorderly conduct is a Class B misdemeanor if you made false reports to the Department of Public Health under certain statutes. But your offense becomes a Class A misdemeanor if you made the false report to a public safety agency without the reasonable belief the report was necessary.

A false report made without reasonable grounds to the police, emergency services, the fire department or the Department of Children and Family Services upgrades your offense to a Class 4 felony.

Transmitting threats of destruction to school property or violence or death against persons at school is also a Class 4 felony. But the most serious disorderly conduct is transmitting a false bomb scare when you had no reasonable grounds for believing such a threat exists. Doing so is a Class 3 felony.

If you are accused of disorderly conduct, 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 against you beyond a reasonable doubt. Perhaps you had reasonable grounds to believe the report you made was true. Or perhaps you were not deliberately looking into anyone’s windows, and the victim mistook the angle of your view.

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: Illinois Disorderly Conduct Statute.

(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 bomb scare, disorderly conduct, false bomb threat, felony disorderly conduct, filing a false report, misdemeanor disorderly conduct | 1 Comment

ILLINOIS EXPANDS ELIGIBILITY FOR PROTECTION UNDER DOMESTIC VIOLENCE LAWS

Posted on March 21, 2019 by admin

As you may imagine, domestic violence laws were intended to apply to the domestic front—people close to your home such as a family member or significant other.

Parties eligible for an Illinois order of protection from domestic abuse include: 1) any person abused by a family or household member; 2) any minor child or dependent adult in the care of such person; and 3) any person residing or employed at a private home or public shelter which is housing an abused family or household member.

As of January, 2019, the Illinois legislature expanded the list of parties eligible for an order of protection to include the following: 1) foster parents of a child placed by a state agency, 2) legally appointed guardians or custodians, 3) adoptive parents or 4) prospective adoptive parents. Furthermore, the law applies to any individual who would have been considered a family or household member of a child before a parent’s rights have been terminated.

If someone is seeking an order of protection against you or you have been accused of violating an order of protection, contact an experienced criminal law attorney immediately. Do not try to talk your way out of your situation. What you may think is a reasonable explanation may give the state or other party the ammunition they need to enforce an order against you. An attorney can help present your situation to the court 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.

See: Amendment to Illinois Domestic Violence Act.

(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 domestic violence, Illinois Domestic Violence Act, order of protection, violation of order of protection | Leave a comment

WHEN DOES POLICE QUESTIONING MEAN I’M UNDER ARREST?

Posted on March 8, 2019 by admin

Something bad just happened in your neighborhood. Maybe it was an attack or a robbery. Since you were in the area, the police questioned you. You tried to cooperate, but then things started to get tense. The police seem to blame you. You want to walk away, but you are afraid the police will stop you.

When does police questioning become a seizure and cross the line into arrest?

The answer depends on whether you as a reasonable person would feel free to leave. Courts look at a variety of factors to determine when a seizure has occurred including: (1) the threatening presence of multiple officers, (2) the display of a weapon by an officer, (3) some physical touching of your person, and (4) the use of language or tone of voice indicating that your compliance might be compelled. The court may also look at other types of coercive police behavior.

In People v Sanchez, the defendant was convicted of murder. The court held that a police stop had become a seizure when police ordered the defendant to come to them in an authoritative tone of voice. Defendant was then handcuffed and ordered to sit on the curb. A reasonable person, the court said, would not have felt free to leave.

Establishing the exact point a seizure has occurred can be important in determining whether the police had the necessary probable cause to arrest you. If the officer lacked probable cause until after the seizure, the arrest itself might be illegal.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. If the police seized you without probable cause, an attorney may be able to petition the court to suppress the evidence from the illegal 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.)

Posted in Uncategorized | Leave a comment