POLICE MUST VIDEOTAPE MURDER INTERROGATIONS IN ILLINOIS

Posted on July 4, 2017 by admin

Illinois law requires that police videotape anytime they question you about murder charges provided that you are in custody. If police fail to record the entire interrogation, a judge may throw out any statements you made even after the tape began rolling

Under 725 ILCS 5/103-2.1, your oral, written, or sign language statements made as a result of a custodial interrogation conducted at a police station or other place of detention are presumed inadmissible as evidence unless: (1) an electronic recording is made of the custodial interrogation, and (2) the recording is substantially accurate and not intentionally altered. The statute defines custodial interrogation to mean “any interrogation during which (i) a reasonable person in the subject’s position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.”

In a recent Illinois decision, People v Little, the Appellate Court suppressed a murder suspect’s statements where the police failed to record the first part of his interrogation. When the interrogation began, Defendant was in custody as he had been taken to the police station in handcuffs and was not free to leave. Although the defendant may not have been a murder suspect when the interview began, the state later sought to use his statements against him in a murder proceeding. Therefore, the court held that police were required to video the start of his questioning. Because the first part of the interview was not taped, defendant’s later statements which were on video were inadmissible.

If you or a loved one has been charged with a crime, contact an experienced criminal law attorney immediately to review your best options. If police acted improperly in conducting a search, making an arrest or questioning you, the attorney may be able to petition the court to suppress the results of illegal police conduct. In some limited cases, this could result in the charges against you being dismissed.

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 confession, evidence, murder, videotaping interrogation | Leave a comment

THE FELONY IN FELONY MURDER

Posted on June 2, 2017 by admin

In Illinois, you can be charged with felony murder if a death results while you are committing a forcible felony other than second degree murder. For example, if you are robbing a store and your accomplice shoots the store owner, you can be charged with felony murder even though you were nowhere near the gun. Felony murder is a form of first degree murder.

A recent Illinois court decision examined the felony in felony murder. Can you be charged with felony murder if the underlying felony is an element of the murder? The Court said no. In other words, if you walked up to the store clerk and fired a gun, you could not be charged with both types of murder.

In People v O’Neal, the defendant fired at a van that he believed contained rival gang members. Instead, he killed his friend who was sitting in a car across the street. The defendant was charged with felony murder based on his aggravated use of a weapon. Because discharging the gun was inherent in killing his friend, it could not serve as the basis for felony murder.

Felony murder does not require the state to prove that you intended to kill. The state need only prove that a death occurred during a felony. Without the element of intent, however, a defendant cannot raise state of mind as a defense. In the above case, the defendant believed he was shooting in self-defense. This belief could have reduced the offense from first to second degree murder. By charging the defendant with felony murder based on firing a gun, the court reasoned that the state would be entitled to a first degree murder conviction it could not otherwise get.

If you have been charged with a crime, contact an experienced criminal defense attorney immediately. An attorney can review your case for its best possible defense. Did the police act properly in searching your premises, arresting you or taking your confession? Does the state have the evidence it needs to prove your guilt beyond a reasonable doubt? The answers to those questions can help determine the strategy for your case.

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 720 ILCS 5/9-1(a)(3) First Degree Murder 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 aggravated use of a weapon, felony murder, murder | Leave a comment

I WAS CAUGHT SWITCHING SAMPLES IN MY DRUG TEST. WHAT CAN HAPPEN?

Posted on May 15, 2017 by admin

You were convicted for possession of a controlled substance. The court gave you supervision, or if you had a felony, you may have received probation. As a result, you must submit to random drug testing. You knew you couldn’t pass, so you switched your urine sample with a friend’s.

Somehow, the probation officer figured it out. Now, you are facing a violation on your original case as well as a new felony. The violation alone means you can be resentenced on the original case, and in certain circumstances, you may be charged with a Class 2 felony, punishable by 3 to 7 years in prison.

What can you do?

First, it is imperative that you hire an experienced attorney who is respected at the court house and familiar with the court officials involved. It is usually difficult to defend these cases on the facts alone, which are usually pretty clear. A good working relationship between your attorney and the court can be essential in negotiating a more favorable plea agreement. Furthermore, an attorney can help you present evidence of your otherwise good character.

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 drug testing, narcotics, possession of a controlled substance, possession of narcotics, urine sample, violation of probation | Leave a comment

CAN I BE DEPORTED FOR A DRUG OFFENSE?

Posted on May 4, 2017 by admin

The answer is probably yes, unless your crime involved a small amount of marijuana for your own personal use.

Under the The Immigration and Nationality Act, you may be deported if at any time after admission, you have been convicted of violating, conspiring or attempting to violate any law or regulation of a State, the United States, or a foreign country relating to a controlled substance as defined under federal law, other than a single offense involving possession for your own use of 30 grams or less of marijuana. Furthermore, the U.S. Citizen and Immigration Services may deport drug abusers or addicts.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your options to determine your best possible defense. Because immigration laws are rapidly changing, you should also work with an immigration attorney to help insure that any action you take does not have unintended consequences. If you have a prior conviction in Chicago, you may be able to expunge or seal your case more quickly than you could in a suburban court district. However, the state may object.

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 drug charges, immigration | Leave a comment

IF A GUN LAW IS UNCONSTIUTIONAL, CAN MY CONVICTION UNDER THAT LAW BE SET ASIDE?

Posted on April 17, 2017 by admin

A few years ago, you were convicted under an Illinois gun law that banned carrying a firearm outside the home. In 2013, the law was set aside. Is there anything you can do about your prior offense?

If you have been convicted under an Illinois gun or other law that was later declared unconstitutional, you may be able to ask the court to set your conviction aside. This is particularly important if your immigration status is at risk. Even if you are a citizen, your prior conviction may still be used to upgrade a future offense unless you act first.

In 2013, the Illinois Supreme Court struck down parts of the Illinois Aggravated Unlawful Use of a Weapon statute, stating that it was a flat ban on ready to use guns outside the home. (See People v Aguilar.) The affected parts said that a person commits aggravated unlawful use of a weapon when he or she knowingly carries an uncased, loaded and immediately accessible firearm on his or her person or in any vehicle except when on his or her land, home or place of business. Such an offense was a Class 4 felony.

Once a law is declared unconstitutional, it is considered unconstitutional from the beginning. But that doesn’t mean that your conviction disappears automatically. You must take action to clear your record. If you don’t, Illinois courts have held that the prior offense can be used to upgrade sentencing on a future offense.

In People v Smith, the defendant was convicted of unlawful use of a weapon by a felon based on his prior felony conviction under a gun statute that was later declared unconstitutional. The court held that because the defendant did not clear his felony status, his prior conviction could still be used as an element of the current offense.

If you were convicted under this or another unconstitutional statute, contact an experienced criminal law attorney immediately. An experienced attorney can help you work through the court system to have your conviction vacated.

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 firearms, gun law, unconstitutional law, vacate, vacate conviction | Leave a comment

MODERN TECHNOLOGY AND THE FOURTH AMENDMENT

Posted on April 6, 2017 by admin

The Fourth Amendment protects you from unreasonable police searches. The founding fathers, however, never imagined the modern computer era. Under current federal law, the police can obtain all kinds of information that you may have shared with third parties via your computer.

In People v Caira, the defendant had argued that his I.P. address should be private because it could reveal information about his physical location. The court, however, held that a person has no legitimate expectation of privacy in information that he or she “turns over to third parties even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence in the third party will not be betrayed.” The court held that police did not need a warrant because his I.P. address was shared with Microsoft whenever defendant checked his Hotmail inbox.

In prior decisions, the U.S. Supreme Court has stated that while the contents of your phone conversation might be private, the numbers that you dialed are not. Further, banking records were not private because they were shared with the bank.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to help determine your best possible defense. Maybe the search went beyond the information you shared with third parties. If so, an attorney can petition the court to have the results of any illegal search thrown out.

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 computer evidence, computer search, technology evidence | Leave a comment

EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION

Posted on March 28, 2017 by admin

If you violate the terms of your out of state probation, you can be extradited to the state where you originally had the problem.

Extradition means you could be arrested in your current state and brought back to face charges in the original state. The county prosecutor in the original state often decides whether to extradite, and it is impossible to predict their decision in any given case.

If you are at risk of extradition to Illinois, you should contact an experienced Illinois criminal law attorney immediately. An attorney can review the facts of your case for your best possible defense. For example, an attorney may help clear a problem underlying your original case. Sometimes a violation of probation is the result of miscommunication between court agencies, and an attorney may help sort this out.

Even if you violated probation and there was no mistake, an attorney can still help. For instance, an attorney, who is respected in the courthouse, may be able to negotiate a more favorable plea agreement than you might get 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 extradition, out of state, violation of probation | Leave a comment

POSSESSION OF BURGLARY TOOLS IN ILLINOIS

Posted on March 16, 2017 by admin

You need not commit a burglary to be charged with a crime. The mere possession of burglary tools may be enough.

Under Illinios law, you may be convicted of a Class 4 felony, punishable by one to three years in prison, if you possess any key, tool, instrument, device or explosive suitable for breaking into a building or motor vehicle or any place intended for safekeeping property. You must have entered the building or vehicle intending to commit the felony or theft. Your intent to commit such a crime may be inferred if you have a key designed for picking locks.

If you are charged in Illinois with possession of burglary tools or similar offense, contact a criminal law attorney immediately. An experienced attorney can review your case for its best possible defense. As with most crimes, the state must prove you guilty of each element of the offense beyond a reasonable doubt. Can the state show you possess the necessary intent? If the police lacked probable cause to search you, an attorney may petition the court to suppress the evidence resulting from the search.

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.

Source: Possession of Burglary Tools.

(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, burglary tools | Leave a comment

CAN MY PAST SEXUAL OFFENSES BE USED TO PROVE A CURRENT CRIME IN ILLINOIS?

Posted on March 6, 2017 by admin

Past crimes generally cannot be used to prove a current offense except under certain circumstances. One major exception, however, is that Illinois law specifically allows the use of prior sex offenses to show a tendency to commit that type of crime.

With most crimes, your past offenses cannot be used to show bad character and thus a likelihood to commit crime. However, they can be used to show intent, modus operandi, identity, motive, absence of mistake and any material fact other than propensity that is relevant to the case. For example, a past crime can show you had a motive to murder a key witness, or that you knew how to hot wire cars because you’d done it before.

In Illinois, however, your past sexual misconduct can be used in crimes involving predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, child pornography, aggravated child pornography, criminal transmission of HIV or child abduction. (See 725 ILCS 115-7.3).

Even then the court must consider if the past crimes evidence is more likely to prejudice the jury than would be helpful as proof. To make that determination, the court considers: (1) closeness in time between the past sexual offense and the current crime, (2) the degree of factual similarity or (3) other relevant facts and circumstances.

In one recent Illinois case, People v Arze, the appellate court upheld the use of prior crimes against a family doctor who had sexually abused his patients. His past offenses took place around the same time. The crimes were factually similar because the defendant touched the victims on their private parts in the exam room while they were partially undressed. Because only two past crimes were admitted, the jury would not be overwhelmed or prejudiced by the number of past crimes.

If you have been charged with a sex offense or other crime, contact an experienced criminal law attorney immediately. Do not discuss your crime with the police or third parties. Any attempt to explain yourself might give the prosecution the evidence they need to convict you. An experienced attorney can review your case for your best possible 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.

(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, past crimes evidence, sex crime, sex offense | Leave a comment

CAN I BE DEPORTED FOR A CRIMINAL OFFENSE?

Posted on February 24, 2017 by admin

The answer may depend on the type of offense, how long you have been in the country and whether your crime is considered one of moral turpitude.

Under current immigration law, you can be deported if you are convicted for cetain listed offenses or for a crime involving moral turpitude for which a sentence of more than one year could have been imposed. If you are here on a visa, you must have committed the crime within five years of entry. If you are a permanent resident, the crime must fall within ten years of entry. See Immigration and Nationality Act.

While the following list is not exhaustive, you may be deported for aggravated felony, high speed flight from an immigration checkpoint, failing to register as a sex offender, drug offenses, domestic violence, certain firearms offenses, terrorist activities and human trafficking or two or more crimes involving moral turpitude.

To determine whether your crime involves moral turpitude, the court may examine the elements of your state law offense. However, the court may instead look at the underlying facts of your case. For that reason, you must be careful before taking a plea agreement to insure that you are not inadvertently pleading to a crime of moral turpitude.

Furthermore, a sentence of supervision may be considered a conviction for purposes of deportation. Thus, it is important to consult an immigration attorney before you enter a guilty plea.

Bear in mind that this is a highly volatile area of the law which is subject to change. Therefore, it is essential to speak with a qualified attorney if you have any questions regarding your immigration status.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your options to determine your best possible defense. For most criminal offenses, the state must prove you guilty beyond a reasonable doubt. An attorney can look for weaknesses in the state’s case. If the police stopped or searched you illegally, an attorney may bring a motion to have the evidence against you suppressed. Even if the police acted lawfully and the evidence againt 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 deportation, immigration, moral turpitude | Leave a comment