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

A FORMER SCHOOL CAN STILL BE A SCHOOL UNDER ILLINOIS DRUG LAW

Posted on December 5, 2016 by admin

(Update: Effective January 1, 2018, the Illinois legislature reduced the distance required from the school to 500 feet. The amended law further requires that at the time of the violation, persons under 18 are present or reasonably expected to be present or that school is in session.)

Under Illinois law, the penalties are increased if you knowingly manufacture, deliver or possess with intent to deliver a controlled substance such as heroin or cocaine when you are within 1,000 feet of a school building. For example, a Class 1 felony can be upgraded to a Class X.

These penalties can be raised even if school is not in session, and no children are present. Now, a new Illinois Appellate case has held that a school is still a school under this law even if the building no longer operates as a school.

In People v Tolliver, the defendant argued that his drug charges should not be upgraded because the Chicago Public Schools had closed the school in question. The Court disagreed, stating that the building still had the identity of a school and would still draw neighborhood children to its premises.

The court considered the following factors: (i) ownership and maintenance by Chicago Public Schools, (ii) purpose, (iii) design, (iv) site characteristics (including school grounds), and (iv) its recognized place within the surrounding neighborhood. After weighing these factors, the court upheld defendant’s conviction of the aggravated offense.

If you are charged with a drug-related crime, contact an experienced criminal law attorney immediately. Do not discuss your case with anyone, especially not the police. Trying to talk your way out of a situation might end up giving the prosecution the evidence they need to convict you.

An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Was the search that uncovered the drugs legal? If not, an attorney may have grounds to challenge your arrest and hopefully get the evidence against you suppressed.

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 criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related school law blog: North Shore School 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 drug offense, drug possession, manufacturing drugs, possession with intent to deliver, school | Leave a comment

CAN YOU BE CONVICTED OF BOTH AGGRAVATED UNLAWFUL USE OF A WEAPON AND NOT HAVING A FOID CARD?

Posted on November 23, 2016 by admin

The answer is yes.

You may be convicted of both charges even though your Aggravated Unlawful Use of a Weapon (AUUW) is based on not having a valid Firearm’s Owner Identification card (FOID). The elements of the two crimes are somewhat different and therefore, they create separate offenses. (See People v Schweihs).

Under the Illinois AAUW law, you can be charged if you knowingly carry a firearm on your person or vehicle except if you are on your own land, home or fixed place of business or someone else permits you to carry the weapon on their property. (See Aggravated Unlawful Use of Weapon).

The FOID law requires that you have a FOID Card previously issued by the Illinois State Police in your name in order to acquire or possess any firearm, stun gun, or taser within Illinois. (See FOID Card Act).

The difference between the two laws involves your location, which is an additional element required under the AAUW law. For example, if you possess the firearm in your own home without a FOID card, you may be charged with failing to have a valid ID but not AUUW. Once you leave your own premises, the AUUW may now come into play.

If you are charged with a weapons offense, contact an experienced criminal law attorney immediately. Do not talk to the police or try to “explain” your way out of your offense. You could give the state the evidence it needs to prosecute 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 . possession of weapons, aggravated unlawful use of a weapon, Firearm's Owner Identification card, FOID card, unlawful use of weapon, weapon offenses | Leave a comment

GETTING YOUR CAR BACK: THE ILLINOIS LAW ON FORFEITURE

Posted on October 28, 2016 by admin

After you were arrested for a drug or another offense, the state took a look at your expensive car. Or maybe police found drugs in your boat or plane. Maybe that car, boat or plane really belonged to an innocent third party. In any case, the state wants to keep it.

Can they do that? What can you do?

Illinois criminal law allows the state to seize a vehicle, such as a car, boat or airplane, involved in a crime. The state files a civil forfeiture action against the vehicle itself, and thus the property would be listed as the defendant.

Under the Illinois Seizure Law, the state may seize any vehicle used with the owner’s knowledge and consent in the commission of a crime. Such crime may include arson, robbery, predatory sex offenses, murder, kidnapping, drug offenses, gambling, DUI and stalking. The property must have helped facilitate the offense in some way.

Within 14 days of a seizure, the state must request a preliminary hearing for the court to determine if there is probable cause to seize the property. The owner need not be notified at this stage. Once the court determines there is probable cause, the state must file the forfeiture action and notify the owner. The vehicle is held until the court’s final decision.

In a forfeiture, the state must prove that the vehicle was used in the commission of the offense by a preponderance of the evidence. The owner may then show that he or she had no reason to know the vehicle would be used in that way. The state may then disprove the owner’s claims. If the state wins, you lose your property.

If you have a vehicle subject to a forfeiture, contact an experienced criminal law attorney immediately. An attorney can guide you through the procedure and help present the best possible defense to get your property back.

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 ex rel Brendon F. Kelly vs One 2008 Chevy Trailblazer.

(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 Uncategorized | Leave a comment

STUN GUNS FALL WITHIN SECOND AMENDMENT PROTECTIONS

Posted on October 10, 2016 by admin

A recent U.S. Supreme Court case overturned a Massachusetts law banning stun guns.

In Caetano v Massachusetts, the defendant obtained a stun gun in order to defend herself against an abusive boyfriend. The U.S. Supreme Court rejected the state’s arguments that 1) stun guns were not common when the Second Amendment was enacted, 2) they are thoroughly modern and 3) they are not readily adaptable for military use. The court had previously ruled that the Second Amendment extends to the states and to weapons that had not existed when the Bill of Rights was written. Therefore, the Massachusetts’ ban on stun guns was unconstitutional.

If you are charged with unlawful possession of a weapon, contact an experienced criminal law attorney immediately. An experienced attorney can determine your best possible defense. If the police lacked probable cause to search you or your premises, an attorney may be able to petition the court to throw out the evidence against you. 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 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 . possession of weapons, firearms, guns, stun guns, weapons | Leave a comment

CAN POLICE PROVE THE WEAPONS ARE MINE?

Posted on September 19, 2016 by admin

Updated October 4, 2017:

You were visiting a friend when a police raided his home. In the raid, police found some ammunition or other weapons. You have a criminal record and are not allowed to possess these items. Can the police charge you with illegal possession? Can they prove the contraband was yours?

Under Illinois law, the state may prove either actual or constructive possession of contraband in order to show it belonged to you rather than someone else.

Actual knowledge may be proven if the illegal weapons are found on your person or in your immediate possession or control.

The State can prove constructive possession through circumstantial evidence. Here, the State must show that you knew about the illegal items and exercised immediate and exclusive control over the area where they were found. Constructive possession can be demonstrated when you once had physical control over the items and you intended to exercise control again, you did not abandon the items, and no other person obtained possession.

In one Illinois case, People v Moore, police were executing a search warrant when they saw defendant jump out a bathroom window. While police found some of defendant’s clothing and one piece of his mail inside the house, a defense witness testified that defendant did not live there. The court held that defendant’s flight did not prove constructive possession of the ammunition. The mail and clothing were also not enough to prove possession, since they were found in another part of the home from the bullets and drugs.

In People v Terrell, the defendant was convicted based on contraband found in a hidden compartment in the hall closet. Although some of defendant’s personal items were found inside the home, the state could not prove that defendant knew about the secret compartment or had even entered the home. Therefore, the state could not prove actual or constructive possession, and the defendant’s conviction was reversed.

If you are charged with illegal possession of contraband, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. As with most crimes, the state must prove each element of an offense. Can they prove that you had exclusive control over the premises where the contraband was found?

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 actual possession, ammunition, constructive possession, contraband, weapons | Leave a comment

WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

Posted on August 29, 2016 by admin

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member?

A blood relative or a spouse seems to obviously fit the definition. The law has further applied to significant others or live-in partners. But how much of a relationship is enough before the law applies?

Illinois courts have held that the law applies to persons who have or have had a dating or engagement relationship. This does not include a casual acquaintanceship or ordinary fraternization between two people in a business or social context. The dating relationship must have a romantic focus. A single date or a brief, nonexclusive relationship are also not enough to trigger the law.

And what if your relationship is over? How long must it be over? In Illinois, there does not seem to be a conclusive answer. However, a recent Illinois Appelalte Court decision held that a dating relationship that had ended 15 years previously did not fall within the statute because the romantic intimacy was clearly over. See People v Gray.

If you have been arrested for domestic battery or a similar offense, contact an experienced criminal lawyer immediately. As with most crimes, the state must prove the elements of the offense beyond a reasonable doubt. If you are not a family or household member, then the stiffer penalties of the domestic battery law might not apply.

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 | Leave a comment