ILLINOIS STATE SUPREME COURT STRIKES DOWN LAW BARRING GUNS WITHIN 1000 FEET OF A PUBLIC PARK OR SCHOOL

Posted on July 10, 2018 by admin

Illinois residents cannot be barred from carrying a firearm within 1000 feet of a public park or school, although it is still illegal to carry a gun within a public park.

In People v Chairez, the court held that while the rest of the Illinois Unlawful Use of Weapons law remains constitutional, the section barring weapons within 1000 feet of a park did not pass muster. The court said the ends of protecting the public did not justify the means of banning the guns. Instead, the statue could punish potentially innocent conduct if a defendant unknowingly crossed into a prohibited zone near a park. Most troublesome was the lack of notice as to where the 1000-foot limit began or ended.

Following the above decision, the Appellate Court in People v. Green, struck down sections of the gun law barring possession of a firearm within 1000 feet of a school. In Green, a security guard with a valid FOID card was convicted of unlawful use of a weapon because he was standing with a loaded, accessible firearm across the street from a high school. The court said the state failed to show that limiting guns within 1,000 feet of a school mitigated violence. Again, a lack of notice as to where the 1,000 feet began and ended was problematic.

It is still illegal, however, to carry a gun inside a public park. In People v. Bell, the court said that a public park may be considered a sensitive place, warranting reasonable measures to protect the public especially since large numbers of people, including children, congregate there for recreation.

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. Perhaps the police lacked probable cause to stop you or perhaps the evidence against you was improperly seized. Even if the police acted legally 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.

(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 firearm possession, firearms, gun law, gun possession, unlawful use of a weapon | Leave a comment

STALKING THROUGH SOCIAL MEDIA IN ILLINOIS

Posted on July 3, 2018 by admin

No matter how tempting it may be to strike out at your ex- through seemingly anonymous social media, you could be charged with stalking. In Illinois, stalking through social media can be prosecuted as “monitoring.”

A recent Illinois case illustrates how manipulating social media such as Facebook can run afoul of the law. In People v Gauger, the defendant used Facebook to harass his ex-wife. The ex-wife discovered that defendant had reactivated her old Facebook account when a friend asked if she had sent a new friend request. The ex-wife also received invitations from a third party who had never sent them. Defendant instead had set up a fictitious account using the third party’s name.

The court convicted defendant finding the evidence “overwhelmingly establishes that the defendant directly or indirectly through third parties monitored and communicated to or about Ms. Carswell through his Internet activities.” Because defendant had violated an existing order of protection, his offense was upgraded to aggravated stalking.

The defendant appealed, arguing that the part of the stalking statute dealing with communicating to or about someone had been struck down. The appellate court, however, reasoned that the anti-stalking statute also prohibited monitoring. Monitoring meant watching, keeping track of or checking another, usually for a special purpose. The court said, “Even without the Facebook messages, the evidence showed that defendant created at least one fictitious Facebook account in the name of Carswell’s friend, downloaded pictures of her and her family, and apparently even obtained mail addressed to her.” Defendant’s course of conduct therefore satisfied the definition of monitoring.

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. To prove stalking, the state must show that you knowingly engaged in a course of conduct that you knew or should have known would cause a reasonable person to fear for his or her or a third person’s safety or that you caused the victim to suffer other emotional distress. Can the state prove all these elements 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 cyberstalking, social media, stalking | Leave a comment

I’VE BEEN FALSELY ACCUSED OF ABUSE UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT. WHAT CAN I DO?

Posted on June 19, 2018 by admin

You’ve just been served with notice that your former domestic partner or spouse is seeking an order of protection against you. You believe the charges against you are false and merely designed to harass you.

What can you do?

If you are falsely accused, an attorney may be able to cast doubt on the credibility of the accuser. Are the accusations designed to harass or intimidate you? Is he or she simply being vindictive? There may be other inconsistencies in the evidence. At times, it may be useful to hire a private investigator look into the accuser’s allegations.

If you have received notice of an order of protection, contact an experienced criminal law attorney immediately. Do not try to represent yourself. What you think is a reasonable explanation might convince the judge that you are a threat. The judge may rule against you based on what he or she perceives is a bad attitude or a failure to take responsibility. Be advised that an Order of Protection can have serious consequences as it can keep you out of many jobs, and you cannot get it removed from your record, so it is best to take the matter seriously.

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 domestic abuse, domestic violence, false accusation, Illinois Domestic Violence Act | Leave a comment

WHAT IS “ABUSE” UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT?

Posted on June 11, 2018 by admin

You’ve just been served notice that your former partner or spouse is seeking an order of protection against you. They are claiming that you abused them.

How is abuse defined, and what are your options?

Under the Illinois Domestic Violence Act, abuse is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.”

If you have been served with notice of hearing on an order of protection, contact an experienced criminal law attorney immediately. Do not try to represent yourself. What you think of as a legitimate explanation might convince the judge that your accuser has reason to be afraid. The judge may rule against you based on what he or she perceives is a bad attitude or a failure to take responsibility.

An experienced criminal law attorney can review your case for its best possible defense. Were you acting in self defense? Can you show that your spouse or former partner was making things up? Do they suffer from a mental illness? Be advised that an Order of Protection can have serious consequences as it can keep you out of many jobs, and you cannot get it removed from your record, so it is best to take the matter seriously.

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 abuse, domestic abuse, domestic violence, domestic violence act, order of protection | Leave a comment

CAN THE POLICE USE EVERYTHING I TOLD THEM AGAINST ME?

Posted on June 1, 2018 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 when 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 but 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 look at the following factors: 1) the threatening presence of several officers; 2) an officer’s display of a weapon; 3) some physical touching of your person; and 4) the use of language or tone of voice indicating that you may be compelled to comply with the officer’s request. Additionally, Illinois courts look at: 1) the time, place, length, mood, and mode of the encounter between you and police; 2) the number of police officers present; 3) any indication of formal arrest or restraint, such as the use of handcuffs or drawing of guns; 4) the officers’ intent; 5) your subjective belief or understanding; 6) whether you were told you could refuse to accompany police; 7) whether you were transported in a police car; 8) whether you were told you were free to leave; 9) whether you were told you were under arrest; and (10) 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. The court reasoned that six to ten armed officers 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 in the police car, but not for 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 have questions about a criminal case, 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 did not read your Miranda warnings before your arrest, an attorney may be able to petition the court to throw out the evidence against you. Even if the 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, incriminating statements, miranda warnings, self incrimination | Leave a comment

NEW CYBERSTALKING LAW IN ILLINOIS

Posted on May 17, 2018 by admin

After a court ruled that part of the Illinois Cyberstalking law was unconstitutional, the legislature updated the law.

Under the new law, you commit cyberstalking when you knowingly, surreptitiously, and without lawful justification, place tracking software on an electronic communication device as a means of harassing another person. You must have threatened the other person or their family with immediate or future bodily harm, sexual assault, confinement or restraint. This offense also applies if you simply caused a reasonable fear of such harm.

As under the prior law, it is cyberstalking if you used electronic communications:

1) Directed at a specific person, that you knew or should have known would cause a reasonable person to fear for their or a third person’s safety or suffer other emotional distress.

2)Knowingly and without lawful justification at least twice to harass another person, and you transmitted a threat directed to that person or their family of immediate or future bodily harm, sexual assault, confinement, or restraint, or you caused the other person or their family to fear such harm.

You may be charged with cyberstalking even if you had a third party make the threats for you, or you posted the threats on an internet website that was accessible to third parties for at least 24 hours.

Cyberstalking is a Class 4 felony (1 to 3 years in prison) for a first offense and a Class 3 felony for later offenses (2 to 5 years in prison).

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 you guilty of all the elements of the offense beyond a reasonable doubt. Can the state prove you committed the offense knowingly? Was the tracking software already installed in the electronic communication device by the manufacturer? 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 cyber crime, cyber threats, cyberstalking | Leave a comment

CYBERSTALKING AND SEXTING CAN BECOME A HATE CRIME IN ILLINOIS

Posted on May 8, 2018 by admin

As of January 1, 2018, sexting or cyberstalking can take on an added dimension. The Illinois Hate Crime statute now includes intimidation, stalking, cyberstalking and transmitting obscene messages within the offense.

To be convicted of a hate crime on this basis, you must have intimidated, sexted, stalked or cyberstalked the other person because of their actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability or national origin.

Generally, hate crime is a Class 4 felony for the first offense, punishable by 1 to 3 years in prison, but bumps up to a Class 2 felony, punishable by 3 to 7 years, for later offenses. Hate crime becomes a Class 3 felony (2 to 5 years) for a first offense if the crime is committed at a church, cemetery, school or public park.

Besides criminal penalties, the victim of a hate crime may sue you in civil court. Therefore, it is particularly important to be careful in handling your criminal case because the facts of the criminal case could be used against you in a civil suit.

If you have been charged with a sexting, cyberstalking or a hate crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. As with most criminal offenses, the state has to prove you guilty of all the elements of the offense beyond a reasonable doubt. Can the state prove your motivation?

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 Hate Crime 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 cyberstalking, hate crime, intimidation, sexting, transmitting obscene messages | Leave a comment

SCHOOL RESIDENCY FRAUD CAN BE CHARGED AS A FELONY

Posted on April 24, 2018 by admin

Understandably, you would like your child to get the best education in the best school district, but perhaps you can’t really afford to live there. You may be tempted to lie about your child’s real home in order to enroll them in that preferred school. But depending on the circumstances and the school district, you could end up charged with a felony.

In February, 2018, Orland School District 135 pressed felony charges against a mother who provided an allegedly fraudulent lease for a home in District 135. The home was actually a retail establishment. After questioning, the mother continued to provide allegedly fake documents, leading to her arrest for felony forgery. (See Woman Charged with Forgery after Giving School False Address).

Most school districts do not carry matters quite so far. They may simply disenroll your child and bill you several thousand dollars in tuition. However, the option of pressing criminal charges for at least a Class C Misdemeanor is always possible.

If you receive notice from your child’s school questioning their residency, contact an experienced school law attorney immediately. Many parents make the mistake of trying to handle the situation themselves, but they are often unprepared for what they are walking into. By the time, they call an attorney, the facts of the case have already been established and the attorney’s hands may be tied. Furthermore, once a school believes you are lying, it is very difficult to convince them otherwise. Your words are often twisted against you.

An attorney can review your situation to see if you have a genuine claim to residency. If so, the attorney can present evidence to the school accordingly. Even if your child is not a legal resident, an attorney may be able to negotiate an agreement that allows you to leave the school district without facing criminal charges or possibly paying tuition.

If you have questions about Illinois school residency, 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 felony forgery, forgery, fraud, school residency | Leave a comment

CAN YOU USE SELF-DEFENSE AGAINST A POLICE OFFICER IN ILLINOIS?

Posted on April 12, 2018 by admin

You believe the police had no justifiable basis to stop you, and you may be right. Nevertheless, you must still obey police orders, and you cannot physically resist the arrest.

But what if the officer physically threatens you? Can you defend yourself?

Under Illinois law, an arresting officer may generally use any force reasonably necessary to arrest you. (See 720 ILCS 5/7-5(a)). You, on the other hand, may not use force to resist arrest by a known police officer, even if your arrest is unlawful. (See 720 ILCS 5/7-7). So, if the officer tells you to put your hands behind your back, you have to put your hands behind your back even if you know you are being targeted for no good reason.

However, once an officer uses excessive force, you may then have the legal right to forcibly resist arrest and defend yourself. (See 720 ILCS 5/7-1(a)). You are justified in using force against the officer to the extent that you reasonably believe force is necessary to defend yourself or a third person against the officer’s imminent use of unlawful force.

Whether you were justified in defending yourself is a very fact-specific question. Different judges may interpret your fact situation in different ways. That is why it is important that any attorney you select be familiar with the judges in your jurisdiction.

In one Illinois case, the defendant cooperated with police until an officer put his hands on the defendant’s girlfriend who was holding their baby. The defendant called the officer a name and told him not to touch his girlfriend. The officer then beat the defendant. The Court held that the defendant forcibly resisted arrest only after officers applied excessive force. (People v Sims, 374 Ill. App. 3d 427 (2007).

In People v. Brown, the defendant testified that he did not know the police who pulled up in front of him were officers. When the officers pulled weapons, the defendant tried to run. One officer tackled, punched and choked defendant. Defendant claimed he resisted arrest in response to such violence. Based on this testimony, the court held there was sufficient evidence of excessive force to send the issue to the jury.

If you have been charged with an Illinois offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did you know you were dealing with police? Did the police use excessive force? If the police acted unlawfully, an attorney may be able to bring a motion to suppress 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.)

Posted in resisting arrest, self defense | Leave a comment

THE CRIME OF ABDUCTING YOUR OWN CHILD IN ILLINOIS

Posted on April 2, 2018 by admin

You think your child’s other parent is a horrible person. As a result, you want to protect him or her from that parent. Maybe you sent your child out of state or hid them when the other parent came to visit. Under these circumstances, however, you may be charged with child abduction—even though the child is your own.

The crime of child abduction by a parent is a Class 4 felony, punishable by 1 to 3 years in prison. Child abduction can include intentionally violating a custody order by concealing or detaining the child or taking the child out of the court’s jurisdiction.

While married to the other parent, you may not knowingly hide, keep or remove the child with physical force or its threat. Nor can you do so because someone without legal custody has promised to pay you.

If you have been charged with child abduction or a similar offense, contact an experienced criminal attorney immediately. An attorney can review your case for its best possible defense. Even under the above circumstances, there are certain defenses. Perhaps you had legal custody or visitation rights at the time of your violation or perhaps you were fleeing domestic violence.

At times, there may be circumstances beyond your control. If so, you must make reasonable attempts within 24 hours after visitation ends to notify the other parent about those circumstances as well as the child’s whereabouts and how the child can be contacted. You must also return the child as soon as possible.

In one Illinois case, the court overturned the putative father’s conviction because the state did not prove he had taken the child without the mother’s consent. (See People v Cole).

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 Child Abduction 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 child abduction, parental child abduction | Leave a comment