I WAS ARRESTED IN CHICAGO, BUT MY CASE IS IN SKOKIE

Posted on February 7, 2019 by admin

You live in Chicago, your offense was in Chicago, the police arrested you in Chicago, so you fully expected your court would be in Chicago. But to your surprise, your case is assigned to the Cook County Circuit Court in Skokie at 5600 Old Orchard Road.

Why is that? What does it mean for you?

Due to Cook County cost-saving measures, two district courthouses in Chicago are now closed. As a result, all felony cases from the court formerly located at Belmont and Western have now been sent to Skokie. The good news is there are many fine judges in Skokie who will give your case a fair hearing.

In Skokie, your preliminary hearing will likely be heard in Room 105. At that hearing, the court determines whether the state has enough probable cause to proceed on your case. If so, your case will be transferred to another Skokie courtroom. If not, your case could be dismissed.

As in most cases, it helps to have an attorney who is familiar with and respected by the judges and the states attorneys at the court where your case is being handled. Knowledge of the courthouse can be important in determining the best strategy for your case.

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 police questioning proper? 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 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 Chicago court, felony, Skokie Court | Leave a comment

DRUG CRIMES WITHIN 500 FEET OF A CHURCH IN ILLINOIS

Posted on February 4, 2019 by admin

You were in an alley making a deal when the police arrived and charged you with delivering drugs. You thought you could cope with the misdemeanor, but it turns out you were within 500 feet of a church. Because of that, the charges are greater.

Can you fight the stiffer charge? Did that building near the alley even look like a church?

Under Illinois law, the penalty for a drug-related crime can be upgraded if you committed that offense on or 500 feet from any church, synagogue or other building, structure or place used primarily for religious worship. (See 720 ILCS 570/407). A church or synagogue are clearly places of worship within the meaning of the law. But what about other structures where it’s less than obvious?

To determine whether a “church,” is a place of worship, a building need not have the particular physical characteristics of a church. Instead the court looks at whether the structure is primarily used for religious purposes. Thus, a Salvation Army building was deemed a church because people came to its chapel solely for the purpose of attending religious services. (See People v. Sparks). Even where a building is a place of religious worship, it must be one on the date of the offense.

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. As with most crimes, the state must prove all the elements of your offense beyond a reasonable doubt. Were you within 500 feet of the alleged place of worship? Was it a place of worship?

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 drug offense, church, drug charges, drug crimes, religious building | Leave a comment

CAN YOU SUPPRESS STATEMENTS MADE AFTER AN ILLEGAL ARREST?

Posted on January 15, 2019 by admin

The police stopped you for not doing much of anything. They took you into custody and because you were nervous, you couldn’t stop talking. If the original arrest was without probable cause, can your statements be used against you?

To answer that question, courts look at the connection between your statements and your arrest. If the connection is too close, an experienced criminal law attorney could petition the court to suppress anything you said after the arrest. However, your statements may still come into evidence if the court finds a separate basis from the illegal arrest for admitting them.

To use your statements, the state must prove by clear and convincing evidence that the challenged evidence was obtained by means sufficiently distinguishable to be purged of the primary taint of the illegal arrest. A court considers the following factors: (1) the nearness in time between the arrest and the statement; (2) the presence of intervening circumstances; (3) the provision of Miranda warnings; and (4) the flagrancy of the police misconduct. Intervening circumstances can mean either intervening probable cause or intervening events. Of these four factors, the presence of intervening circumstances and the flagrancy of police conduct are the most important. The court may consider other factors as appropriate.

In People v Hernandez, a defendant confessed after being confronted with a bogus gun residue test. The defendant’s arrest was considered illegal. The court weighed the following factors: 1) The six-hours between defendant’s arrest and confession were too close in time; 2) The bogus gun residue test was not an intervening circumstance; 3) Police read defendant his Miranda rights, but only once at the beginning; and 4) There was no evidence of how police behaved during the initial confrontation and arrest. Under these circumstances, the court held that the connection between defendant’s statements and his illegal arrest were too close and thus, the statements could not be used.

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 properly and 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 our related post: Fruit of the Poison Tree: Statements from an Illegal Arrest.

(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 confession, fruit of the poison tree, illegal arrest, probable cause, statements | Leave a comment

CAN THE POLICE TRACK MY MOVEMENTS THROUGH MY CELL PHONE WITHOUT A WARRANT?

Posted on January 7, 2019 by admin

A recent U.S. Supreme Court decision has held that police must obtain a warrant before tracking your movements through cell phone signals.

Each time your phone connects to a cell site, it leaves a trace in the form of a time-stamped record. Based on these records, police can track where you’ve been. Writing for the majority in Carpenter v. United States, Justice Roberts observed that such cell site location information (CSLI) is “detailed, encyclopedic and effortlessly compiled.”

The court analogized CSLIs to GPS monitoring which is also protected by the Fourth Amendment. The court rejected the argument that CSLIs are like telephone numbers and bank records which are held by third parties and thus do not require a warrant.

Justice Roberts wrote: “Given the unique nature of cell phone location records, the fact that the information is held by a third party does not by itself overcome the user’s claim to Fourth Amendment protection. Whether the Government employs its own surveillance technology … or leverages the technology of a wireless carrier, we hold that an individual maintains a legitimate expectation of privacy in the record of his physical movements as captured through CSLI.

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 the police collect evidence without a required search warrant? If so, an attorney may be able to petition the court to suppress any evidence that was improperly obtained.

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 cell phone, cell phone search, cell phone signal, CSLI, search warrant | Leave a comment

WHAT IS CHILD ENDANGERMENT IN ILLINOIS?

Posted on December 21, 2018 by admin

You stopped at the grocery store to pick up a few things. Your toddler was asleep so you left him in his car seat. When you returned, the police were waiting. Now you are charged with child endangerment.

What is it? What can you do?

In Illinois, you can be charged with child endangerment if you knowingly cause a child under age 18 to become endangered, or if you place that child in circumstances that endanger their life or health. Also, you may not leave a child under age seven unattended in a motor vehicle for more than ten minutes. A child is unattended if they are not accompanied by or within sight of a person age 14 or older.

While a first offense is a Class A misdemeanor, later offenses can be charged as a Class 3 felony. You may also be charged with a Class 3 felony if your actions proximately cause the death of a child.

Child endangerment may involve leaving drugs or dangerous weapons within reach of a child. In People v. Radford, the defendant tucked a child into bed roughly despite knowing that the child’s previous injuries would make her more susceptible to trauma. In People v. Rudell, a mother was convicted for leaving her six-month old baby alone for about an hour in a car at 1 a.m.

If you have been charged with child endangerment or a similar crime, 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 your offense beyond a reasonable doubt. Did you knowingly place the child in danger? If the child died, did your actions proximately cause the death or was it something else?

If you are charged with child endangerment, do not try to talk your way out of your situation. What you think is a reasonable explanation could give the state the evidence they need to convict you.

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: 720 ILCS 5/12C-5.

(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 endangerment | Leave a comment

IS DRINKING TOO MUCH A DEFENSE TO A CRIME?

Posted on December 12, 2018 by admin

You had way too much to drink at the bar. Later, you were told you broke some other guy’s ribs in a fight. You are now charged with battery.

Does it matter you were too drunk to know what you were doing?

In Illinois, voluntary intoxication is not a defense. You are still criminally responsible for your conduct. However, some criminal charges require the state to prove a specific mental intent. Your intoxication or drugged state could make such intent harder to prove. Illinois courts have held that a defendant is incapable of forming a specific intent or malice where intoxication is so extreme as to suspend all reasoning.

Involuntary intoxication is another matter. Intoxication may be a defense if someone spiked your drink so that you were deprived of the substantial capacity either to appreciate the criminality of your conduct or to conform your conduct to the requirements of law.

Some Illinois courts consider battery a specific intent crime. In that case, your intoxication may help your defense. However, the court could infer your mental intent from other circumstances in your case. For example, the court in People v Slabon upheld a verdict of aggravated battery where defendant’s behavior at the scene indicated he was aware of his surroundings and knew what he was doing in spite of his intoxication.

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. 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.

(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, intoxication defense, involuntary intoxication, voluntary intoxication | Leave a comment

THE CRIME OF DRUG-INDUCED HOMICIDE IN ILLINOIS

Posted on November 26, 2018 by admin

Your friend overdosed on methamphetamine or heroin and died. Worse still, you gave them the drugs. Now you are charged with drug-induced homicide.

What is that offense? What can you do?

In Illinois, you can be charged with drug-induced homicide if you unlawfully deliver a controlled substance to another, and any person’s death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. (See Illinois Drug Induced Homicide Law).

To prove causation, the state must show that your delivery of the drugs was a contributing cause of the death. Therefore, according to a recent Illinois case, even if the deceased had several drugs in their system, you may still be convicted if your particular drug was in the mix. (People v Nere, 2018 IL 122566).

Drug-induced homicide is a Class X felony, punishable by 15 to 30 years in prison or an extended term of 30 to 60 years.

If you have been charged with drug-induced homicide or a similar crime, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. Was the drug a controlled substance? Was your delivery of the drug unlawful? Did your acts actually cause the death? An attorney can probe for weaknesses in the state’s case.

An attorney can also review how the police handled your arrest. Did they have probable cause to arrest you? Was your interrogation properly handled? If not, an attorney may be able to bring a motion to suppress evidence or statements that you made.

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.

(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 drug-induced homicide, homicide | Leave a comment

CAN YOU BE CHARGED WITH ARMED VIOLENCE IF YOU THREW THE GUN AWAY BEFORE YOUR ARREST?

Posted on November 19, 2018 by admin

Perhaps you were dealing drugs or some other offense. The police arrived, so you started to run. Worried about your gun, you threw it in the dumpster. The police caught up with you, and now you are under arrest.

Can you be charged with armed violence? The answer is yes.

Under Illinois law, you commit armed violence if you commit certain felonies, including possession of drugs with intent to deliver, while armed with a dangerous weapon. The law does not require that you be armed at the time of arrest, just that you had the weapon while you committed the crime.

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. As with most criminal offenses, the state must prove each element of the crime beyond a reasonable doubt. Can the state prove you were armed during the offense itself? 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.

Source: People v Curry.

(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 armed violence, escape, flight, gun crime, throwing away gun | Leave a comment

DISORDERLY CONDUCT: MAKING THREATS AGAINST A SCHOOL IN ILLINOIS

Posted on November 9, 2018 by admin

In these times of highly publicized school shootings, it is no surprise that authorities take any threats against a school extremely seriously. In Illinois, such threats may be charged as disorderly conduct. Under 720 ILCS 5/26-1(a)(3.5), you commit disorderly conduct when you knowingly transmit or cause to be transmitted a threat of destruction of school property, or a threat of violence, death, or bodily harm directed against persons at a school. Such a violation is a Class 4 Felony punishable by one to four years in prison.

In a recent Illinois case, People v. Khan, a defendant posted on Facebook that he brought a gun to his college every day and that someone would anger him and “end up in the bag.” The defendant argued that his statement was ambiguous, and the jury could not find beyond a reasonable doubt that it referred to a violent act. The court disagreed stating the jury was not “required to ignore common sense and defer to the ridiculous.”

If you are charged with disorderly conduct for threatening a school, 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 knowingly making a threat? Maybe you were being ironic? 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.

(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 disorderly conduct, school property, threats against school | Leave a comment

THE ILLINOIS CYBERSTALKING LAW: DEFENSES TO USE OF A TRACKING SOFTWARE

Posted on October 31, 2018 by admin

You didn’t want your ex- to think they could outsmart you. So you placed an electronic tracking device on their phone. In so doing, you have violated the Illinois cyberstalking law, which prohibits knowingly, surreptitiously, and without lawful justification, placing electronic monitoring software on an electronic communication device as a means of harassing another person.

However, you may have a defense. There are two exceptions to this rule:

1) The software installer gave clear notice regarding the use of the specific type of tracking software or spyware in advance to the device’s owner or primary user.

2) You obtained written or electronic consent of all owners and primary users of the device on which the tracking software is installed. However, you must have sought the consent through a mechanism that does not seek to obtain any other approvals from the owner or primary user.

Under the law, an electronic communication device may include a wireless telephone, personal digital assistant, or a portable or mobile computer. Electronic monitoring software means any software or application that surreptitiously tracks computer activity and then records and transmits the information to third parties with the intent to cause injury or harm.

Apart from the above defenses, can the state prove you acted knowingly or that you used the device to harass your ex-?

If you have been charged with cyberstalking, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. Can the state prove your use of the tracking software was surreptitious? 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.

Source: Illinois Cyberstalking Law.

(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, tracking device, tracking software | Leave a comment