A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

            Your original criminal case ended in a sentence of supervision or probation, albeit with certain conditions.  You thought you were done.  But now the state says you violated that probation. Maybe you failed a drug test, failed to pay a fine or got in trouble for another offense.  

What can happen to you?  What can you do?

            After the state petitions the court to violate your probation/supervision, you may be summoned to appear for a hearing, or in some cases, arrested.  At the hearing, the state must prove your violation by a preponderance of the evidence. This is an easier burden for the state than beyond a reasonable doubt.

            If the state wins, the judge can resentence you.  Perhaps your supervision will become a conviction or you will serve time in jail.  Bear in mind that if your violation is based on a new offense, you will still have to defend the new offense.

            If you are charged with a violation, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Whether a judge will decide to violate you may depend on your particular facts, which different judges may see very differently.  An attorney familiar with your court house may be able to present your case in its most favorable light. Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable outcome 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.

Reference:  730 ILCS 5/6-6-4

(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.)

There are two ways for a domestic battery to become an aggravated offense in Illinois: 

• You knowingly caused great bodily harm, permanent disability or disfigurement to a family or household member, or
• You strangled a family or household member causing bodily harm or making physical contact of an insulting or provoking nature.

See  720 ILCS 5/12-3.3 Aggravated Domestic Battery.

A “family or household member” includes your current or ex-spouse, parent, child or step child, blood or marital relatives, former housemates, your child’s other parent or blood relatives, your past or current dating relationships or engagements, as well as disabled persons and their assistants. See 725 ILCS 5/112A-3 Definitions.

Aggravated domestic battery is a Class 2 felony, punishable by 3 to 7 years in prison.

If you are charged with aggravated domestic battery or a similar offense, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible offense. Can the state prove all the elements of the offense beyond a reasonable doubt?  Were you actually in a dating relationship or did you just go out casually?  Were you acting in self defense or protecting a third person? Did you act knowingly?  For example in one Illinois case, the police tased the defendant who then fell on the victim and broke her arm.  Because he could not control his muscles, his action was involuntary, and thus he did not act knowingly. (See People v. Martino.)   Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related posts at What Does it Mean to “Share A Common Dwelling” Under Illinois Domestic Battery Law?, Is it Really a Relationship Under Illinois Domestic Battery Law? and What is Domestic Battery Under Illinois 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.)

            Under Illinois law, you may not knowingly take photos or videos of a child without their parent’s consent if you are a child sex offender.  (See 720 ILCS 5/11-24.) You also may not operate any type of business in which you take photos of children or direct anyone else to do so.

A violation of this law is a Class 2 felony, punishable by three to seven years in prison.  If you photographed children at a playground, school, daycare, park, forest preserve or other facility providing programs for children under age 17, your charges can be upgraded to a Class 1 felony, punishable by four to 15 years in prison. Note that freedom of speech is not a defense. (See People v. Rollins.)

If you have been charged with child photography or a similar offense, 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 all elements of the crime beyond a reasonable doubt.  Do you meet the law’s definition of child sex offender?  Did you take the photos knowingly?  Did you have the parent’s consent?  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.)

The First Amendment does not protect threats of violence. However, a threat is not a crime unless the state can show that you consciously disregarded a substantial risk that your statements would be viewed as threatening violence.  The state must show that you were reckless.

The U.S. Supreme Court overruled the prior standard of proof: Did your communication seem threatening to the recipient?  Instead, the judge or jury should focus on your state of mind: Were you aware of your statement’s threatening character?

A number of Illinois laws punish threats of violence including harassment and stalking offenses.

If you have been charged with a crime, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements beyond a reasonable doubt.  Can the state prove you were aware that your messages were threatening? Even if the state’s evidence is airtight, 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.

Reference: Counterman v. Colorado

(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.)

            The answer is yes.  Even a preliminary match with a federal or state DNA database may give police the probable cause they need to get a search warrant for a separate DNA sample from you. This sample may come from your blood or saliva. 

Furthermore, it does not matter that your DNA sample may have ended up in the database by mistake.  Your later arrest or conviction based on that sample is still valid.

For example, in People v. Cummings, police were investigating the rape of a minor.  Based on sperm from the minor’s oral swab, police got an “association” in a DNA database matching defendant. Defendant argued that probable cause to obtain his DNA did not exist because the database sample came from his prior case with unsubstantiated claims that had not been charged. However, Illinois law specifically states that mistake does not invalidate a database match. What matters is the match between the victim and the offender named in the database.

If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Even if the state’s evidence is airtight, 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.)