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.)

You used to live in Illinois, but you moved away years ago.  Since then, you have started a new family and tried to make a new life. Unfortunately, your old criminal conviction keeps popping up to haunt you, so you want to get a pardon.

If you live far away or even where you don’t, do you have to come back to Illinois for the pardon hearing?

Strictly speaking, the answer is no  You do not have to request a hearing when filing your petition.  However, a hearing gives you the opportunity to address the Illinois Prisoner Review Board in person.  The Board then makes its recommendation to the governor as to whether your petition should be granted.  If you do not go to the hearing, the board will still meet to discuss your case, but you will lose a chance to highlight the positive aspects of your case.  Plus, if you present well, allowing the Board to see the human being behind the petition could make a real difference in your result.

If you do attend the hearing, bear in mind that it will be relatively brief.  You may not need to discuss the details of what happened, but the board reserves the right to ask questions about the original offense.  You may also present no more than four witnesses to talk about how much you have changed.

If you wish to seek an Illinois pardon, contact an experienced attorney immediately.  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.)

            Illinois law targets organized retail theft as a Class 2 or Class 3 Felony.

Under 720 ILCS 5/16-25.1, organized retail crime means you knowingly acted with another to steal from a store, and while doing so or fleeing the scene, you committed assault or battery or intentionally destroyed the store’s property.

            You can be charged as a manager of organized retail crime when the total value of the merchandise exceeds $300, and you knowingly recruited, organized, supervised, financed, or otherwise managed others to:

• commit retail theft with intent to resell or otherwise have the merchandise reenter commerce; or

• commit theft of merchandise  while the merchandise is in route between the manufacturer and the store intending to resell the merchandise; or

• knowingly obtain control over stolen property; or

• receive, possess, or purchase any merchandise or stored value cards obtained from a fraudulent return knowing the property was stolen.

If you are charged with organized retail crime 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 the elements of the offense beyond a reasonable doubt.  Can the state prove you acted knowingly?  Is the merchandise worth more than $300?  Were you acting with another?  Even if the evidence is overwhelmingly against you, 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.)

            If you confess to a crime while in police custody, your confession must be voluntary to be used in evidence against you.  Obviously, police may not physically abuse you to make you talk.  But what other police behavior may be considered coercive?

            U.S. Supreme Court cases have found psychological pressure to be coercive.  Examples include: (1) refusing to let a suspect speak to his wife; (2) threatening a suspect with the loss of her children; and (3) prolonged interrogation without rest or contact with individuals other than law enforcement officers.  In People v. Salamon, the court held a confession was coerced where police held the defendant handcuffed to the wall in a locked interrogation room for 24 hours without allowing him to make phone calls.

            As of January 1, 2022, Illinois law requires that you be allowed to communicate within three hours of arrival at your first place of detention.

            If you believe your confession was coerced, your attorney may file a motion to suppress any statements you might have made.  The state must then show your confession was voluntary by preponderance of the evidence.  If the state fails to do so, the judge may suppress your statements and even dismiss your case, provided there was no other evidence against you that arose outside the coercion.  Bear in mind that whether your detention was coercive is a highly fact-based determination which different judges may see very differently.  Therefore, it is often important to find an attorney who is familiar with your courthouse in order to present your case 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.)

You had a conviction for aggravated battery 25 years ago.  You even served a few months in jail before your attorney made a deal for probation.  Now you want to seek a pardon, and you want the Illinois Prisoner Review Board to know that you are ill enough to go on disability.

Do serious health problems make you a better candidate for a pardon?

In truth, there are two sides to this issue. On the one hand, you may come across as a less threatening person now that you have serious physical limitations. On the other hand, the Illinois Board is often more sympathetic to people who genuinely need a pardon so that they can get a better job–and people on disability do not typically have to worry about that challenge.

That said,  your health is just one of many issues that may be relevant to a pardon petition.  If you can show how well you have reformed and that your criminal conviction is holding you back in some other way, the Board, and ultimately the Governor, may be willing to grant your petition.

If you have questions about the process of applying for a pardon, 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 answer is probably yes– if the officer has obtained prior approval from the state.

Under 720 ILCS 5/14-5, any evidence obtained in violation of the Illinois eavesdropping statute is not admissible in any civil or criminal trial.   

The eavesdropping statute also bars using any information which you know or reasonably should have known was obtained in violation of law from a private conversation or private electronic communication, unless you have consent from all parties. See 720 ILCS 5/14-2.           

The state may approve the eavesdropping but the approval must meet the requirements of 720 ILCS 5/14-3(q).  The state may grant approval only after determining that reasonable cause exists to believe that inculpatory conversations concerning a qualified offense will occur with a specified individual(s) within a designated time.  

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense.  Did the police act lawfully in collecting the evidence against you?  Can the state prove all the elements of your offense beyond a reasonable doubt?  Even if the search is legal 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.)