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

WHAT CAN I EXPECT WHEN MY CHILD HAS BEEN CHARGED WITH STATUTORY RAPE IN ILLINOIS?

Posted on February 28, 2019 by admin

Your son has been dating a 16-year-old girl from his high school for several months. Although you cautioned him about premarital sex, everything you said went in one ear and out the other. To make matters worse, her father found out right after your son turned 18. Now he is facing criminal charges for statutory rape.

What is statutory rape? What are the penalties? What can you do?

In Illinois, statutory rape means sexual penetration or conduct with someone at least 13 and less than 17 years old if you are no more than 5 years older than your partner. It is also statutory rape if you are under age 17 and have sex with someone at least 9 but under 17 years of age. Statutory rape is not the same as forcible rape. (See 720 ILCS 5/11-1.50(b) and (c)).

Statutory rape is a Class A Misdemeanor, punishable by up to one year in jail. Crazy though it may seem, your high school student could also end up on the sex offender registry, although a recent court decision indicated this punishment might be excessive.

In People v Kochevar, the defendant, then 16, met a girl, then 14, through high school track. The two had sex after he turned 18. The girl’s parents called the police. The defendant was convicted of one count of criminal sexual abuse. He was sentenced to 90 days in jail (all but 10 were suspended) and 24 months of probation. Further, he had to register as a sex offender, undergo sex offender treatment and aftercare, provide a DNA sample and pay various fines. Despite Illinois case law stating that the registry is not actually punishment, the Kochevar court held that the registry was disproportionately punitive to defendant. As a result, the court vacated that part of defendant’s sentence.

If you or your child has been charged with statutory rape or a similar crime, contact an experienced criminal law attorney immediately. Do not make statements to the police or third parties. What you think sounds like common sense may give the state evidence to convict you. An experienced criminal law attorney can review your case for your best possible defense. Was police questioning proper? Can the state prove all the elements of your or your child’s offense beyond a reasonable doubt? How reliable is the complaining witness? Even if the evidence 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 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 statutory rape | Leave a comment

WHAT IS A DEFENSE TO FELONY MURDER?

Posted on February 16, 2019 by admin

Under the Illinois felony murder law, you can be convicted of first degree murder if you kill another person without lawful justification while committing a forcible felony other than second degree murder. A forcible felony includes offenses such as aggravated battery or other crimes of violence. To convict you, the state must show that your felonious actions set in motion the chain of events that led to the victim’s death.

But what if the death came before the felony? One Illinois court overturned a defendant’s conviction on just those grounds. In People v Space, the defendant shot the victim to death before shooting at a third party. The defendant was convicted of felony murder based on the aggravated battery with a firearm to the third party. Under those circumstances, the court said that the act causing the death occurred before the underlying felony. Therefore, the state could not prove all the elements of felony murder, and the defendant’s conviction was overturned.

The distinction between felony murder and other types of first degree murder may seem largely academic. The above defendant was still convicted of the aggravated battery with a firearm. The difference lies in your state of mind. First degree murder requires the state to prove you intended to kill. Under felony murder, the state need only show that you caused the death. Thus, felony murder may be easier for the state to prove.

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. Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the evidence against you is overwhelming, an attorney who is respected in the court house 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 Illinois First Degree Murder 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 evidence, felony murder, first degree murder, intent | Leave a comment