WHAT IS AGGRAVATED IDENTITY THEFT IN ILLINOIS?

Posted on November 23, 2017 by admin

In Illinois, you can be charged with identity theft if you knowingly use another’s personal identifying information to fraudulently obtain credit, money, goods, services or other property. If that other person is over  age  60, your charge can be upgraded to aggravated identity theft. (See Illinois Identity Theft statute.) Aggravated identity theft also includes using another’s identity to further an organized gang’s activities.

Identity theft is also classified according to the amount of money involved. The classes range from a Class 4 felony for less than $300 to a Class X felony where more than $100,000 is involved.

As with most crimes, the state must prove all elements of the offense beyond a reasonable doubt. A recent Illinois case looked at the definition of “another person.” In People v Bensen, the defendant served as a secretary for an 80-year old man, who had given her a credit card for company expenses. Defendant then charged thousands of dollars for personal expenses which the employer unwittingly paid. Defendant was convicted of aggravated identity theft. On appeal, she argued that she did not use the personal identifying information of “another person” since the company card was in her name. The court agreed. Because defendant did not represent herself as someone else, her conviction was reversed.

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. Does the state have the evidence they need to prove your offense? 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 aggravated identity theft, identity theft | Leave a comment

CAN THE POLICE LIE TO GET YOUR CONSENT TO A SEARCH?

Posted on November 7, 2017 by admin

Under the Fourth Amendment, police may only search your home if they have a warrant. However, there are exceptions to this requirement. One exception is that you consented to the search. But what if your consent was based on an officer’s lie?

The Illinois Appellate Court held that the end does not justify the means where an officer told a defendant that he would go to jail unless he agreed to a search. Consent to a search must be voluntary. To determine if your consent was voluntary, the court looks at all the circumstances. Important factors can include if you initially refused the consent and if the officer lied.

In People v Wall, the officer induced the defendant to return home from work by saying he was investigating a possible break-in. Once home, the defendant asked if the officer had a search warrant, which the court interpreted as refusing consent. The officer then told defendant he would go to jail if he did not consent to the search, but if he consented, he would not go to jail. All statements were false. Therefore, the court suppressed the results of the search.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If the police acted illegally, an attorney may petition the court to throw out the results of any improper police conduct.

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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WHAT IS THE DIFFERENCE BETWEEN MURDER AND MANSLAUGHTER IN ILLINOIS?

Posted on October 27, 2017 by admin

The answer is in your state of mind. Murder may be committed intentionally or knowingly, whereas manslaughter involves unintentional, if reckless, behavior.

In Illinois, first degree murder means you intended to kill or do great bodily harm to someone, or you knew that your actions would cause or were highly likely to cause death or great bodily harm to another. 720 ILCS 5/9-1. First degree murder also includes a killing that occurs while commiting a forcible felony other than second degree murder. First degree murder has its own set of sentencing rules including the potential for the death penalty.

Second degree murder is like first degree murder with mitigation. Either you were acting under a sudden and intense passion because you were seriously provoked by the person you intended to kill, or you unreasonably believed you were defending yourself or another. 720 ILCS 5/9-2. Second degree murder is a Class 1 felony, punishable by 4 to 15 years in prison.

Involuntary manslaughter involves unintentional killing where your actons, even if lawful, were reckless and likely to cause death. 720 ILCS 5/9-3. If your actions involved a vehicle such as a car, snowmobile or boat, you may then be charged with reckless homicide. Both offenses are a Class 3 felony, punishable by 3 to 7 years in prison.

In certain circumstances, reckless homicide can be upgraded to a Class 2 felony, such as if you went speeding through a school zone and killed two or more people.

If you have been charged with murder or manslaughter, contact an experienced criminal law attorney immediately. In many cases, the state charges a higher offense than is warranted by the evidence. In a best case scenario, an attorney can present your case in hopes of winning your acquittal. But even if the evidence is overwhelmingly against you, an experienced attorney may help obtain a verdict or negotiate a plea agreement for a lesser offense.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. If police did not have a valid reason to stop you, an attorney may be able to ask the court to suppress the evidence from your arrest. Even if the police acted properly 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 first degree murder, involuntary manslaughter, manslaughter, murder, second degree murder | Leave a comment

CAN ILLINOIS POLICE STOP ME JUST BECAUSE I HAVE A GUN?

Posted on October 13, 2017 by admin

Updated 12/16/19

The answer is probably not.

On September 12, 2013, the Illinois Supreme Cort in People v. Aguilar partially struck down the law that barred possession of a handgun for self-defense outside the home. Thus, the mere fact you have a gun in your possession, without more, is not enough cause for police to stop you.

In a recent appellate case, People v Thomas, police received a tip that the defendant had a gun. The tip did not inform police whether defendant was involved in other criminal activity or whether defendant lacked a valid Firearms Owners Identification card. The gun ban was in effect at the time of defendant’s arrest. However, the law had since been declared unconsitutional and could no longer serve as a basis for the defendant’s arrest. Therefore, defendant’s stop by police was unconstitutional.

Likewise in People v Horton, officers thought they saw a metallic object that could have been a gun. The court held that this fact alone did not serve as probable cause for an arrest. In a later decision on the same case, People V. Horton, the appellate court again found that the officers lacked probable cause to arrest the defendant, and that the gun was found as a result of the illegal arrest. Thus, the court ordered the gun evidence to be suppressed, and the defendant’s conviction reversed.

If you have a prior conviction based on a law that has since been declared unconstitutional, you will need to petition the court to vacate your prior conviction. Otherwise, your prior conviction can be used against you in a later offense. For more information, see our related post: If a Gun Law is Unconstitutional, Can My Conviction Under That Law Be Set Aside.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. If police did not have a valid reason to stop you, an attorney may be able to ask the court to suppress the evidence from your arrest. Even if the police acted properly 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 gun law, gun possession, illegal stop, probable cause, search and seizure | Leave a comment

HELP FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY-ILL DEFENDANT

Posted on October 3, 2017 by admin

Most criminal offenses require the state to prove that the defendant knowingly or intended to commit the crime. But what if the crime is committed by someone who is mentally ill or developmentally disabled?

For example, in the recent Illinois case, People v Mayo, the defendant was charged with aggravated criminal sexual abuse. The defendant, however, had suffered a brain injury in infancy and presently had the mental capacity of a 3-year-old and an IQ of 48. Therefore, could the defendant truly form the required intent to commit the crime?

In such cases, Illinois law provides certain procedures. First, the court must determine whether the defendant is mentally fit to stand trial. In the overwhelming majority of cases, the court will determine that the defendant is fit, and the case moves to trial. If the defendant is not fit, the court holds a discharge hearing.

A discharge hearing determines whether a defendant should be acquitted, but not whether a defendant is guilty. If the defendant cannot be acquitted because there is enough evidence of guilt, the court may find the defendant “not not guilty.” The defendant is then subject to one to five years of treatment, depending on the offense. If the defendant is still unfit after the treatment ends, the court may involuntarily commit the defendant for further treatment. The commitment, however, cannot exceed the maximum sentence prescribed under the original criminal charge.

If a defendant is fit to stand trial, the defendant may seek a verdict of “not guilty by reason of insanity.” Under these circumstances, a defendant must show that as a result of mental disease or defect, he or she lacked substantial capacity to appreciate the criminality of his or her conduct. The court must first enter a verdict of guilty, then find the defendant not guilty by reason of insanity. (See our related post The Insanity Defense in Illinois.

If you have a friend or relative charged with a crime who suffers from a mental disability or illness, contact an experienced attorney immediately. An attorney can help present evidence of your loved one’s difficulties in their most favorable light. Often, a mental capacity defense will require expert testimony. An attorney can help select and prepare these experts.

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 developmental disability, discharge hearing, fitness for trial, insanity, mental incompentence, mental insanity, unfit to stand trial | Leave a comment

CAN YOU VACATE YOUR CONVICTION UNDER THE ILLINOIS STATUTE BARRING SEX OFFENDERS FROM PUBLIC PARKS?

Posted on September 22, 2017 by admin

Updated August 4, 2020: The Illinois Supreme Court overruled the case below finding instead that the law barring convicted sex offenders from public parks was constitutional. See the Supreme Court decision in People v. Pepitone.

In a recent decision, an Illinois Appellate court struck down a law that barred convicted sex offenders from public parks. When a statute is declared unconstitutional, it is unconstitutional from the beginning. Therefore, if you have been convicted under such a statute, you may be able to ask the court to vacate your conviction.

Vacating your conviction becomes particularly important if you have an immigration status and could be deported or lose your green card. Even if you are a citizen, a prior conviction can be used to upgrade a charge or sentence for a later offense unless you vacate the conviction before that time.

In People v Pepitone, the defendant, who had been previously convicted of a child sex offense, was arrested for walking his dog in a public park. The prior law made it a crime “for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park.” A public park is defined as “a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.”

While the legislature has an interest in protecting children, the court held the statute was too broad and criminalized “substantial amounts of innocent conduct.” The statute was “an outright ban on all individuals with certain sex offense convictions from public park buildings and public park property without any requirement that anyone—particularly a child—be actually, or even probably, present.” Furthermore, the statute criminalized innocent conduct such as attending a concert, a Chicago Bears’ game at Soldier Field, or even a trip to the Museum of Science and Industry.

If you have been convicted under a statute that has later been held unconstitutional, contact an experienced criminal law attorney immediately. An attorney may petition the court to vacate your conviction. If you do not, your conviction can be used against you for sentencing purposes should you later be charged with a crime.

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 public indecency, sex offender, unconstitutional law | Leave a comment

THE ILLINOIS LAW ON SELF DEFENSE

Posted on September 12, 2017 by admin

You got into a fight at a bar or a party or even in your own home. While you are now charged with a crime, you weren’t the one who started making trouble. Can you claim self defense?

The answer depends on a number of factors. Who started the fight? Were you afraid the other person was about to hurt you? Was your fear reasonable?

In Illinois, the elements of self-defense include that (1) unlawful force was threatened against a person, (2) the person threatened was not the aggressor, (3) the danger of harm was imminent, (4) the use of force was necessary, (5) the person threatened actually and subjectively believed a danger existed that required the use of force, and (6) the beliefs of the person threatened were objectively reasonable.

Whether these elements equal self defense depends on the specific facts of your situation and the whether the judge or jury believes you.

In People v Williams, the court held that the defendant’s fear of imminent bodily harm was unreasonable when the victim was unarmed and injured.

On the other hand in In re Vuk, a defendant’s self defense claim was upheld where the court did not believe any of the witnesses. Once self defense has been raised, the state has the burden of disproving the self defense claim beyond a reasonable doubt. Because the trial court believed all the state’s witnesses were lying, the state could not sustain its burden of proof.

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. Self defense is just one of several defenses that can be raised to fight a criminal charge.

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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RECKLESS DISCHARGE OF A FIREARM IN ILLINOIS

Posted on August 23, 2017 by admin

To be convicted of reckless discharge of a firearm, the state must prove beyond a reasonable doubt that you 1) recklessly discharged a firearm 2) endangering the bodily safety of an individual. If either of those elements is missing, the state cannot prove its case.

In a recent Illinois appellate case, the court held that that an endangered individual must be someone other than yourself. In People v Grant, the defendant was charged with recklessly discharging a firearm by accidentally shooting himself in an empty room. The court rejected the state’s argument that the defendant was an individual and thus he could be charged because he endangered himself.

Reckless discharge of a firearm is a Class 4 felony, punishable by 1 to 3 years in prison. If the shooting is from a car, the driver of the car may also be charged for the shooter’s actions.

If you are charged with an Illinois offense, contact an experienced criminal law attorney immediately. An attorney can review your case to determine your best defense. Can the state prove all the elements of the offense? Did the police act lawfully when they made your arrest? Was any search for a weapon legal? If not, an attorney can petition the court to suppress any evidence that was illegally taken.

Even if the police acted properly 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.

See also: Reckless Discharge of a Firearm 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 . possession of weapons, gun law, gun possession, reckless discharge of a firearm, unlawful use of a weapon | Leave a comment

DID YOU HAVE A RIGHT TO BE THERE? BURGLARY IN ILLINOIS

Posted on August 4, 2017 by admin

Suppose you were visiting a public building. You had business in the building and had every right to be there. But while there, you entered an office marked “private,” and stole some cash off a desk. Does that make you a burglar?

In Illinois, the answer is yes. You commit burglary when you enter a building or any part of that building without authority and with the intent to commit a felony or theft. According to Illinois case law, you still entered the office without authority even though you had a right to enter the building itself. The private area need not have a door so long as the space is off limits.

The fact you didn’t know part of the building was off limits may not matter. Illinois courts have held that when a person enters part of a building “with the intent to commit a theft or felony, that person enters that part without authority, regardless of whether that part of the building is normally held open to the public and regardless of whether that person entered the building as a whole with authority.” (See People v Gharrett).

If you have been charged with burglary or another crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. As with most criminal offenses, the state must prove you guilty of each element of the offense beyond a reasonable doubt. Can the state prove that you lacked authority to be in a building or that you intended to commit a crime? 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.)

Posted in burglary, public building | Leave a comment

DO I NEED AN ILLINOIS FIREARM ID IF I AM LICENSED OUT OF STATE?

Posted on July 14, 2017 by admin

The answer depends on what you mean by “licensed.”

Illinois law requires gun owners to possess a valid Firearm Owner’s Identification (FOID) card issued by the state. There is an exception, however, for non-Illinois residents. In that case, you do not need an Illinois FOID if you are licensed to carry a firearm in your home state. An Illinois appellate court has interpreted this to mean that you must actually have a valid license from a regulatory body in your home state. The mere fact that your state allows citizens to possess firearms is not enough.

In People v Wiggins, the defendant was charged with Aggravated Unlawful Use of a Weapon. A Texas resident, he did not have a valid Illinois FOID. Defendant argued that since his home state of Texas does not require a license to own firearms, he was thus licensed in Texas for purposes of Illinois law. The court disagreed. The court reasoned that the non-resident exception only applies to non-residents who have complied with an official state process for licensing in their home state.

Illinois law does make an exception for non-resident hunters when their home state does not require licensing.

If you have been charged with a firearms or similar offense, contact an experienced criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. Perhaps you are covered by one of the FOID law’s exceptions. Perhaps the police lacked probable cause to stop you or make an arrest. If so, an attorney may be able to petition the court to suppress the results of any illegal search or 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 aggravated unlawful use of a weapon, firearm possession, Firearm's Owner Identification card, FOID, unlawful use of weapon | Leave a comment