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

WHAT IS A BUILDING UNDER ILLINOIS BURGLARY LAW?

Posted on March 24, 2018 by admin

In Illinois, you commit burglary when you knowingly and without authority enter or remain within a building, housetrailer, watercraft, aircraft, motor vehicle railroad car, or any part thereof, with intent to commit a felony or theft. (See Illinois Burglary Statute).

Does a storage trailer fit the above categories? An Illinois Appellate Court says it does. In People v Harris, the defendant entered a 36-foot long enclosed trailer that the owner kept on a leased space in an open parking lot. Defendant argued that the trailer was not a building because it was not a permanent structure. The court rejected this argument stating that the law intended to protect the security of a wide variety of structures. The structure was not required to be permanent. Even a tent could fall under the law’s protection.

If you have been charged with burglary or another crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. As with most offenses, the state must prove you guilty on all elements beyond a reasonable doubt. While you may have entered a building within the meaning of the law, perhaps you did it unknowingly or you had authorization.

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.)

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ILLINOIS AGGRAVATED UNLAWFUL USE OF A WEAPON BASED ON INVALID FOID CARD

Posted on March 16, 2018 by admin

If you are anywhere near a gun, possessing a valid Firearms Owner Identification Card can spell the difference between a clean record and big trouble.

The U.S. Supreme Court struck down gun control in District of Columbia v. Heller. Since then, many a state’s gun laws have fallen by the wayside. Even so, you must still possess a valid Illinois FOID card. If you are caught near a gun without one, you could face serious charges.

In a recent Illinois decision, police were responding to an alert of “shots fired” when they spotted a speeding car in which defendant was a passenger. Police found a gun in plain sight near the defendant’s feet. Although the gun was not tested for fingerprints and the serial number was not linked to defendant, he was convicted of Aggravated Unlawful Use of a Weapon and sentenced to three years in prison based on his failure to possess a valid FOID card. See People v Irwin.

If you are facing aggravated firearm charges, contact an experienced criminal law attorney immediately. If the police search was illegal, an attorney may be able to petition the court to suppress the resulting evidence even if you didn’t have a valid FOID card. Furthermore, the state still has the burden of proving you guilty of each element of an offense beyond a reasonable doubt. Does the state have the evidence they need? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected at 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 aggravated unlawful use of a weapon, FOID card, gun, gun charges, gun possession, unlawful use of a weapon | Leave a comment

WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?

Posted on March 5, 2018 by admin

The primary difference between a felony and a misdemeanor is the severity of the penalties as well as the impact a conviction may have on your future. The charging document should tell you which one you are facing.

Misdemeanors range from Class C to Class A. A Class A misdemeanor is punishable by up to one year in county jail. Class B and Class C carry much shorter potential jail terms.

Felonies, on the other hand, range in severity from Class 4 to Class X. While a Class 4 felony is punishable by 1 to 3 years in state prison, a Class X can receive 6 to 30 years.

If charged with a felony, you will almost certainly be held overnight for a bond hearing the next day. A judge will then set bond after hearing the state’s evidence regarding your criminal history. An experienced criminal defense attorney can instead present reasons why the judge should reduce your bond. With a misdemeanor, the police will frequently allow you to leave the station on your own recognizance.

In terms of your future, a felony conviction may render you automatically ineligible for employment with many business or government employers. Employers are more likely to overlook a misdemeanor. A misdemeanor is also more likely to qualify for expungement, which means you may get a clean slate. (Please note that many felonies may now be sealed, in which case your criminal record should only be available to police agencies).

When you are arrested, a police officer issues a ticket or ciminal complaint. While you may initially be charged with a misdemeanor, the state may elect to upgrade your offense to a felony. This will not necessarily happen on the day of your arrest. After reviewing the evidence, the state may determine it has the evidence needed to justify a felony. Or the state may upgrade your offense based on your past criminal history. In some cases, defendants with an extensive cminal history may even face a Class X felony even if the original crime was relatively trivial.

If you have been charged with a crime, it is essential to contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the police acted improperly so that an attorney may petition the court to suppress the evidence of your crime. Even if the police acted improperly or the evidence against you is overwhelming, an experienced attorney who is respected at the courthouse may be able to negotiate an agreement to reduce your felony or misdemeanor to a lower offense.

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 felony, misdemeanor | Leave a comment

YOUR SPOUSE CAN’T TESTIFY AGAINST YOU EXCEPT IN CERTAIN CIRCUMSTANCES

Posted on February 23, 2018 by admin

You’ve undoubtedly seen TV or movies where the criminal marries so their husband or wife can’t spill the beans. To a certain extent, Illinois evidence rules do recognize a marital privilege. Your spouse cannot be forced to testify against you, but there are exceptions.

Under Illinois law, a husband and wife may testify for or against the other in a criminal case, but they may not testify as to any conversation or admission made by one to the other during their marriage. The marital privilege, however, is suspended when either spouse is charged with a crime against the other’s person or property or where one spouse has abandoned the other. More importantly, a spouse may testify when the interests of their own or another’s children under their care are involved. Furthermore, a spouse may testify when either is charged with an offense involving sexual assault or abuse of any minor child under their care. (See 725 ILCS 5/115-16).

In one Illinois appellate case, the court allowed a husband to tesify about a conversation prior to their daughter’s murder where he had told his wife their marriage was over. The court reasoned that the interests of the couple’s child were directly at stake despite the wife’s argument that the conversation was not directly related to the child’s death and thus should be excluded. (See People v Garner).

The rules of evidence can be tricky and difficult to understand. If you are charged with a criminal case, contact an experienced attorney immediately to help guide you through the judicial process.

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 evidence, spousal privilege | Leave a comment

SEARCH INCIDENT TO ARREST: HOW FAR CAN IT GO?

Posted on February 12, 2018 by admin

When police arrest you, they are permitted to make a search incident to the arrest. But the search must still be within certain limits.

How far a search may go is fact specific, and different judges may see the circumstances differently. Generally, subject to certain exceptions, an officer may search for weapons in the area within a defendant’s reach to ensure the officer’s safety. The officer may also search the defendant’s person to prevent destruction of the evidence. A warrantless search incident to arrest may be performed even if the defendant is in handcuffs.

Illinois cases have permitted a search under a bed or in a pile of clothes within the defendant’s immediate control. However, the Illinois Appellate Court struck down a search above a bathroom’s ceiling tiles where the defendant was arrested in a separate room and the bathroom was not within his immediate reach, even though it looked like there might have been tampering with the tiles. See People v Franklin.

If you have been arrested, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for your best possible defense. If the officer exceeded his or her authority during the search, an attorney may be able to petition the court to suppress the results of the search.

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 search and seizure, search incident to arrest | Leave a comment

WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

Posted on February 2, 2018 by admin

You recently got into a fistfight with your ex-significant other. The police arrived and now you have been charged with domestic battery.

But your relationship ended some time ago. Is it still domestic battery?

The answer is yes. A recent Illinois Supreme Court decision held that the domestic battery law places no time limit on a dating relationship. (See People v Gray).

In Illinois, a person commits domestic battery if he or she knowingly, without legal justification and by any means, causes bodily harm to or makes insulting or provoking physical contact with any family or household member. A family or household member includes persons who have or have had a dating or engagement relationship. This definition does not include a casual acquaintanceship or ordinary fraternization between two people in a business or social context. But it can include your ex-partner from several years ago.

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 you never you were just friends with the alleged victim, or you acted in self defense. 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.

See also: Illinois Domestic Battery 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 dating relationship, domestic battery, domestic violence | Leave a comment

MY FRIEND JUST OVERDOSED. WILL I GET ARRESTED IF I CALL FOR HELP?

Posted on January 26, 2018 by admin

You are at a party doing some opioids or methamphetamines when one of your friends becomes unresponsive. You are afraid if you will be arrested if you call for help. But if you don’t, your friend may die.

What should you do?

This very dilemma has caused many unnecessary deaths. As of 2012, Illinois law fortunately offers some immunity to those seeking emergency care for themselves or another during an overdose. Under these circumstances, you may not be charged with possessing a controlled, substance if the evidence against you was discovered because you sought emergency help in good faith, and the amount of the substance was within certain limits. (See Overdose; limited immunity from prosecution).

A recent Illinois appellate decision, People v Teper, however, allowed the state to prosecute a woman who received emergency aid during an overdose. The court held that immunity applies to evidence acquired as a result of seeking medical assistance. In this case, the defendant had not called for help but was unconscious when police arrived after reports that a woman was slumped in her car. The police saw drug paraphernalia in the car before inferring that an overdose had occurred.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. Maybe the overdose law protects you. If so, an attorney can petition the court in the hope of getting your case dismissed. Even if you don’t qualify for immunity and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to obtain 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 emergency drug help immunity, methamphetamine, opioid, overdose | Leave a comment

DO YOU HAVE A RIGHT TO KNOW THE LOCATION OF POLICE SURVEILLANCE AGAINST YOU IN ILLINOIS?

Posted on January 9, 2018 by admin

Recently, you were charged with selling drugs. The police say you were under surveillance, and they caught you in the act. Something about this doesn’t seem right. Where was this surveillance located? The state doesn’t want to tell.

Do you have a right to know?

The state’s right to withhold information about the officers’ location is known as the surveillance location privilege. Whether you have a right to know can be decided on a case to case basis. Your right to know may also depend on the timing of the proceedings in your case. For example, you may have a greater right to know at trial, than you do at a pretrial hearing.

To determine if the privilege applies, the court must balance your need to prepare your defense against the state’s need to keep the location secret. The state may argue that the location is useful, and its disclosure would compromise other investigations. The court considers the crime charged, the importance of the officer’s testimony and your possible defenses. If the officer is the sole witness, your right to know his or her location becomes critical. On the other hand, if the officer is corroborated by video or other sources, the court may deny your right to know.

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. Most crimes require the state to prove you guilty beyond a reasonable doubt. An attorney can look for weaknesses in the state’s case and if necessary, fight their attempts to withhold critical information from your defense.

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 Flournoy.

(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 dealing, evidence, narcotics offenses, surveillance | Leave a comment