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

CAN PAST ACTS OF DOMESTIC VIOLENCE BE USED AS EVIDENCE IN ILLINOIS?

Posted on February 18, 2017 by admin

The state cannot generally use your past bad acts to prove that you have bad character and thus are more likely to commit a crime. Illinois law, however, specifically allows evidence of past domestic violence to be used under certain conditions.

Under Illinois law, evidence of past domestic violence can be used for any relevant purpose to prove charges of domestic violence or first or second degree murder involving domestic violence. (See Evidence in Domestic Violence Cases).

Even so, the court must weigh whether past crimes evidence will bias the jury against you more than it helps prove the case. To make that determination, the court considers: (1) the closeness in time between the past acts and the present crime; (2) the degree of factual similarity between the offenses; or (3) other relevant facts and circumstances.

In People v Jenk, the Illinois Appellate court upheld the use of three prior domestic violence incidents against the defendant, because they were 1) supported by corroborative evidence; 2) relevant to showing defendant’s motive, intent or absence of mistake; 3) were close in time and 4) had a high degree of factual similarity to the current crime. The trial court excluded three other incidents that were uncorroborated and thus might have prejudiced the jury beyond their evidentiary value.

If you have been charged with domestic violence or another 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 domestic battery, domestic violence, past crimes evidence | Leave a comment

A LITTLE ROAD RAGE CAN LEAD TO BIG TROUBLE IN ILLINOIS

Posted on February 8, 2017 by admin

We’ve all been cut off or frustrated by other drivers. But no matter how hostile the other driver may be, it’s best to stay in your car, keep cool and if necessary, call the police.

A recent Illinois case illustrates the criminal charges that can result when two parties allow road rage to overwhelm their better judgment. In People v Yeoman, 2016 IL App (3d) 140324, defendant was in a car behind the victim at a red light. Defendant honked his horn to let the other driver know the light had changed. The victim, a senior citizen named Frank Egas, then repeatedly gave defendant the finger, refused to let him pass and cut him off. Defendant’s wife and children were also in the car. Defendant and his wife left their car to confront Egas. After returning to their car, Egas got out and began to yell at them. Defendant punched Egas in the face. He then fell backward and later died.

The defendant was charged with two counts of second degree murder, aggravated battery on a public way, aggravated battery of a senior citizen and aggravated battery causing great bodily harm. On appeal, defendant argued the evidence was insufficient to convict him of second degree murder since he could not know that hitting Egas with his bare fist would cause a strong probability of death. The court agreed but upheld his conviction for aggravated battery to a senior citizen, a Class 2 felony punishable by 3 to 7 years in prison. The court denied defendant’s claim of self defense in that Egas had done no more than yell at him.

If you have been charged with road rage or another crime, contact an experienced criminal law attorney immediately. As with most criminal chages, the state must prove the elements of your offense beyond a reasonable doubt. An attorney can look for weaknesses in the state’s evidence. If the victim acted aggressively beyond simply yelling, you might be able to claim self 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.

(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 battery on a public way, aggravated battery to a senior, road rage, second degree murder aggravated battery causing serious bodily harm | Leave a comment

NEW ILLINOIS RULES FOR GUILTY PLEAS

Posted on January 21, 2017 by admin

As of January 1, 2017, changes to Illinois law require the court to give new warnings about the consequences of a guilty plea.

Before you plead guilty, a judge must first warn or “admonish” you about what your plea really means. The judge will ask if you understand the rights you are giving up, such as your right to a jury or to present evidence in your defense.

Under the new rules, the judge must clearly explain: 1) the maximum and minimum penalties for your crime; 2) that you are more likely to receive a higher sentence or consecutive sentences for any future conviction; 3) that your conviction may restrict where you can live, work or be present; and 4) that it may be more difficult to find a job or place to live, or to keep or obtain a license for a gun, car or occupation. The court can only accept your plea once you indicate that you understand these warnings and wish to move forward.

A guilty plea should be your last resort. Your attorney should review your case to determine if there is a better option. But if the evidence is overwhelming and the police acted lawfully, a guilty plea might be your only real choice. In that case, an attorney who is respected in the court house may help 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: Illinois Plea 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 admonishment, guilty plea | Leave a comment

EXPERT DISCREDITS EYEWITNESS TESTIMONY IN MURDER TRIAL

Posted on January 1, 2017 by admin

In March, 2016, we blogged on an Illinois Supreme Court case that opened the door to allowing experts to dispute the reliability of eyewitness testimony. (See How Reliable is Eyewitness Testimony?). Because of that case, People v Lerma, such an expert was permitted to testify in a Palatine murder trial, which resulted in a verdict of not guilty.

According to the Chicago Tribune (High court opens door to experts who say eyewitness IDs are unreliable), defendant Marco Lopez was accused of the 2014 shooting deaths of a man and his son. The state’s case relied primarily on eyewitness testimony. The state did not have a murder weapon, DNA or other physical evidence against the defendant.

One witness said they saw the defendant through a glass door about 10 feet away after midnight. Expert Geoffrey Loftus testified that conditions such as lighting, the length of an event and pre-event information could affect an eyewitness in recognizing someone they know. (Loftus conducts experiments on memory and sensory perception at University of Washington-Seattle). As a result, the jury acquitted the defendant.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. As with most crimes, the state has the burden to prove you guilty beyond a reasonable doubt on all the elements of the offense. An attorney can review your case and determine which experts, if any, could help your defense. 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 evidence, eyewitness testimony | Leave a comment