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

            In Illinois, battery can be upgraded to an aggravated offense if the battery took place in a public place of accommodation or amusement.  The law also includes battery that takes place in a public way, public property, sports venue, domestic violence shelter or  place of religious worship.

            According to the Illinois Supreme Court, such a public place does not include the stoop in front of a victim’s apartment door.  A “public place of accommodation or amusement” is a place for the general public use, supplied for convenience, to satisfy a need, or to provide pleasure or entertainment.  The front stoop did not meet these requirements.  A stoop’s purpose is for a resident to access his or her home. The public’s ability to access a place is not enough to turn it into a public place of accommodation.  The place must be one where the general public is invited to enjoy the goods, services or accommodation being provided.  See People v. Whitehead. 

            If you have been charged with aggravated battery or a similar offense, contact an experienced criminal 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.  Did the fight occur in a “public place of accommodation?”  (See our related post: How does your bar fight become a felony in Illinois?)  Were you acting in self defense or defense of another? 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.)

            Illinois law makes possession or use of certain theft-related devices an offense ranging from a Class A Misdemeanor to a Class 3 Felony.

            Under 720 ILCS 5/16-6, you may not knowingly:

• possess certain items designed to tamper with a coin-operated machine with intent to commit theft. It is a separate offense if you cause damage or loss of more than $300 to the machine.

• manufacture, sell, offer for sale or distribute any theft detection shielding device.

• possess a theft detection shielding device intending to commit theft or retail theft.

• possess a theft detection device remover intending to remove any theft detection device from any merchandise without permission of the merchant or owner.

• use a scanning device to access, memorize, or store information encoded on the magnetic strip or stripe of a payment card without permission and with intent to defraud

• use a re-encoder to place information encoded on a payment card’s magnetic strip onto a different card without permission and with the intent to defraud.

            If you are charged with a theft-related device offense, contact an experienced attorney immediately.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove all the elements of the crime beyond a reasonable doubt.  Did you commit the offense knowingly?  Can the state prove your intent to commit theft or defraud? Did you have the owner’s permission to scan or re-encode the magnetic strip?  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.)

            Under the Safe-T Act, Illinois no longer uses cash bail.  However, this is not a get out of jail free card.  Once you are arrested, the court can still hold you in jail under certain standards or at least impose conditions on your release.

            To determine your release, the court must consider the following:

• the nature and circumstances of your offense;

• the weight of the evidence against you;

• your history and characteristics including your character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, drug or alcohol abuse history, conduct, criminal history, your record for showing up at court proceedings, and whether you are already before the court such as on probation.

• the nature and seriousness of the real and present threat to the safety of others. There must be specific, articulable facts to support this criteria.

• whether you would pose a serious risk in obstructing the criminal justice system;

• whether you were charged with violating a protective order or have certain other domestic battery,  kidnapping, harassing or violent offenses against a former spouse or partner.  The court may consider, among other items, your mental health, the severity of the offense, your access to deadly weapons and whether you have a history of domestic violence, abusing alcohol or drugs or violating court orders.

• in cases of stalking, the court may further consider other factors including any evidence of violence in your criminal history, anything in your psychological, psychiatric, or other similar social history that shows a violent, abusive, or assaultive nature; your own statements and the age and physical condition of the victim.

The conditions of your release must be the least restrictive necessary to reasonably ensure your appearance and the safety of others.  This can include electronic home monitoring or your release subject to certain restrictions such a no contact order.

If you or your loved one has been arrested, contact an experienced criminal law attorney immediately.  An attorney, who is familiar with your courthouse, can help present your situation in its most favorable light keeping in mind the preferences of your particular judge and the criteria the judge must use to determine the conditions of your release. 

 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:  725 ILCS 5/110-5

See our related web page: New Rules on Illinois Bond and our related post at What You Should Know About Illinois’s New Rule Ending Cash Bail.

(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.)