HOW RELIABLE IS EYEWITNESS TESTIMONY?

Posted on March 1, 2016 by admin

HOW RELIABLE IS EYEWITNESS TESTIMONY? Illinois Courts were originally cautious about allowing experts to testify about the reliability of eyewitness testimony. But as a recent Illinois Supreme Court case noted “advances in DNA testing have confirmed that ‘eyewitness misidentification is now the single greatest source of wrongful convictions in the United States, and responsible for more wrongful convictions than all other causes combined.’”

In People v Lerma, the defendant was convicted of murder solely on the basis of eyewitness testimony. The trial court rejected defense requests to allow experts to testify about the reliability of that testimony. The trial court believed that since the eyewitnesses already knew defendant, they were less likely to misidentify someone they already knew.

The Illinois Supreme Court rejected the trial court’s reasoning, stating “This is the type of case for which expert eyewitness testimony is both relevant and appropriate.” The state had no physical evidence or confession.

In the past, Illinois courts were concerend about the overuse of expert testimony, However, the Lerma court noted there had been “a dramatic shift in the legal landscape, as expert testimony concerning the reliability of eyewitness testimony has moved from novel and uncertain to settled and widely accepted.” There is now a clear trend to allow eyewitness expert testimony to help the jury understand the characteristics of eyewitness identification.

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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CAN YOU REFUSE TO GIVE A DNA SAMPLE IN AN ILLINOIS CRIMINAL CASE?

Posted on February 15, 2016 by admin

Generally, the answer is yes.

Under Illinois case law, extracting your DNA is a search within the Fourth Amendment. Therefore, police must have either a warrant or probable cause before forcing you to submit it. Otherwise, you may voluntarily refuse to provide a sample. See People v Ealy.

Because your right to refuse to give a sample is constitutionally protected, the state may not use your refusal to show that you had consciousness of guilt at trial.

Once police have arrested you, they may take a cheek swab. The U.S. Supreme Court has held that such a swab is no more intrusive than taking fingerprints or mugshots and can be done as part of a booking procedure. See Marilyn v King.

If you have been charged with a criminal offense, contact an experienced criminal defense attorney immediately. An attorney can review your case to help present the best possible defense. If police acted illegally, an attorney may be able to petition the court to have any illegally collected evidence dismissed. Even if 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.

(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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THEFT OF STOLEN PROPERTY IN ILLINOIS

Posted on February 6, 2016 by admin

In Illinois, you can be charged with theft of stolen property if you obtained control over stolen property knowing it to have been stolen, or under such circumstances as would reasonably induce you to believe that the property was stolen. (See 720 ILCS 5/16-1(a)(4), Illinois Theft Statute.)

As with most crimes, the state must prove you guilty of all the elements of the crime beyond a reasonable doubt. A recent Illinois appellate case overturned a defendant’s conviction because the state failed to do just that.

In People v Netisingha, undercover officers sold Target merchandise to the defendant. Although the defendant believed the merchandise was stolen, in fact, it was not. Thus, the state failed to prove the first element of the crime.

This does not mean that if you bought property from an undercover cop, you are in the clear. Another part of the theft statute deals with obtaining control over property that law enforcement represents or implies is stolen. In that case, the state must also prove that you meant to permanently deprive the owner of the property The penalties for theft range with the amount stolen. Theft of less than $500 is a Class A Misdemeanor while over $1 million is a Class X felony.

If you are charged with a crime, you should contact an experienced criminal law attorney immediately. An attorney can evaluate the circumstances of your case to present the best possible defense. Even if the police handled your case by the book and the evidence against you is overwhelming, an attorney who is respected at the court house may negotiate a better plea agreement than you could on your own.

If you have questions about this or another related 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 stolen property, theft, theft from law enforcement | Leave a comment

CAN I BE CONVICTED ON MORE THAN ONE CHARGE FOR THE SAME OFFENSE? THE “ONE-ACT, ONE-CRIME” DOCTRINE IN ILLINOIS

Posted on January 18, 2016 by admin

When you were arrested, the prosecutor may have filed several charges against you. You didn’t know so many crimes could come out of the same set of circumstances. Can you be convicted on all of them?

Under Illinois law, you can only be convicted of one crime for each physical act. For example, if you killed a pedestrian while drunk driving, you may be charged with both reckless homicide and aggravated DUI, but you can only be convicted of one charge or the other. The charges must arise out of precisely the same physical conduct or must arise out of a series of incidental or closely related acts.

In the aggravated DUI/reckless homicide example, both charges are based on the same physical act—driving in such a manner that would cause death. Furthermore, causing the death of another is a necessary element of both charges. Therefore, a defendant should not be convicted of both. See People v Stutzman.

Even where charges are based on multiple acts, you may be charged with a lesser included offense, but you cannot be convicted of both the lesser and greater offenses. For example, if aggravated DUI is a lesser included offense of reckless homicide, you can only be convicted of one or the other.

If you are charged with a crime, contact an experienced criminal defense attorney immediately. An attorney can review your case to determine your best possible 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 can on your own. Perhaps if the state has brought too many charges, an attorney can bargain for you to plea to a lesser offense. If you do go to trial, an attorney can petition the court to throw out any convictions that violate the one-act, one-crime doctrine.

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 criminal offenses, lesser included offense, one-act one-crime | Leave a comment

CAN POLICE SEARCH YOUR COMPUTER?

Posted on December 21, 2015 by admin

The police are at your door. A neighbor complained about a disturbance and they came to investigate. You figure you have nothing to hide in your home so you consent to the search. But you do have something to hide—only it’s in your computer.

Can police search your computer? What are you rights?

Generally, police need a search warrant before they can look at the contents of your computer unless some other exception to the warrant requirement exists. (See U.S. vs Flores-Lopez.) Unlike other physical objects, computers hold vast quantities of private and sensitive information. Even when police can legally take the computer, they must still get a warrant to investigate it.

The U.S. Supreme Court has held that computers cannot be searched as part of an arrest. Generally, that type of search is allowed to preserve evidence and to protect officer safety in case the defendant has a weapon. The court held that neither rationale applies to digital data.

Officers can still search your computer if there is a compelling emergency—such as locating the whereabouts of a kidnapped child.

But what if you told police it was OK to search home? Does that include your hard drive? Police may generally look only where the object of a search may reasonably be found. Guns or drugs are not likely to be found on your computer screen. If you told police they could search your computer, however, your consent may be general enough to permit the search. This is a developing area of law.

If you believe the charges against you are the result of an illegal search, contact an experienced criminal law attorney immediately. An attorney can determine if police followed proper procedures. If not, an attorney may be able to petition the court to suppress any illegally obtained evidence.

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 cell phone search, computer search, consent to search | Leave a comment

NEW ILLINOIS LAW REQUIRES POLICE BODY CAMERAS AND OTHER IMPROVEMENTS

Posted on December 4, 2015 by admin

We’ve said it before, and we’ll say it again. The vast majority of police are good people trying to do a difficult job in community service. Unfortunately, the recent epidemic of unjustifiable police killings have spotlighted more than a few bad apples. Fortunately, the Illinois legislature has acted to improve police-citizen relations in our state.

The new law taking effect January 1, 2016 makes significant changes.

First, police will be required to wear body cameras, a big step in holding police accountable to the public. Body cameras can further provide evidence that is useful for both defendants and police. Cameras must be turned when the officer is in uniform and responding to calls for service or other law-enforcement related activity.

The new law attempts to balance law enforcement interests with privacy. Officers need not activate the camera when in their squad car if they are not involved in law enforcement activities. Cameras must be turned off at a victim’s or crime witness’s request as well as when the officer is dealing with a confidential informant. The officer may also turn off the camera when involved in a community caretaking function unless a crime is being committed.

The law clarifies that the public is allowed to record police encounters although police still have a right to control a crime scene if such people become disruptive.

Officers will be required to receive yearly and long-term training beyond what they learned at the police academy including training in cultural competency. The law also bans the use of chokeholds.

The law was the fruit of negotiations between the ACLU, the NAACP, community groups and law enforcement groups and passed with bipartisan support. To see a copy of the bill, visit Illinois Police and Community Relations Improvement Act.

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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CRIMINAL TRESPASS TO STATE SUPPORTED LAND IN ILLINOIS

Posted on October 30, 2015 by admin

A special Illinois statute makes trespassing on state-supported land a criminal offense. What exactly does that mean? What can happen to you?

You can be charged with a Class A Misdemeanor if you enter or stay on land supported by state or federal funds after receiving notice, either that you may not enter or that you must leave, if you are interfering with another’s lawful use or enjoyment of the property. Notice can be oral or written or can be conspicuously posted at the property’s main entrance. You might also violate this law if your entry to state property was based on false statements or documents.

Illinois case law has interpreted “interfering with another’s lawful use or enjoyment” of the property to mean the “kind of conduct which by its nature tends to hinder, disrupt or obstruct the orderly function of the official enterprise being carried on in the building or on the land.” See People v Quiroga. A protest of hundreds of people outside the state capitol did not interfere with its orderly function or public access because the protest took place on a Sunday when the state house was closed and there was no damage to property. A University of Illinois student collected petition signatures in a school building lobby after having been asked to move from the school cafeteria. The Court held that the student’s activities was not interference. Likewise, in Quiroga, a parent collecting petition signatures on a playground seeking to remove a school principal was not interference.

Effective January, 2015, the Illinois legislature added public right of ways to this offense. “Right of way” means the track or roadbed owned, leased, or operated by a rail carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being rail road property or is reasonably identified as such by fencing or appropriate signs. Under this section, you must intend to compromise public safety by delaying the transit system more than 15 minutes or by destroying property. You must again have notice that your entry is forbidden or that you must leave. Violating this particular section is a Class A Misdemeanor for a first offense, and a Class 4 felony for subsequent offenses.

If you are charged with criminal trespass or a similar offense, contact an experienced criminal law attorney immediately. As with most offenses, the state has the burden of proving each element of the crime beyond a reasonable doubt. Perhaps you did not receive the required notice or your conduct was not interfering with another’s use. Even if 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. See Criminal Trespass to State Support Land,

(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 criminal trespass to property, trespass, trespass to state property | Leave a comment

2015 UPDATES TO ILLINOIS CONCEALED CARRY LAW

Posted on September 22, 2015 by admin

Illinois has tweaked its Concealed Carry law for the first time since its passage in 2013.

Under the revised law, if you are carrying a firearm in an auto, police or emergency personnel may secure the weapon if they deem it necessary for the safety of any person present. (See 430 ILCS 66/10(h)(1).) If the officer or emergency personnel determine you are not a threat and that you are mentally and physically capable of possessing the gun, they may return it before releasing you from the scene. If you are turned over for treatment to another facility, your weapon must be turned over to a peace officer who will then issue a receipt.

The 2013 law allows a licensee to carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot only for the limited purpose of storing or retrieving the weapon within the vehicle’s trunk. (See 430 ILCS 66/65(b).) Under the new law, you need not insure that the weapon is unloaded before it leaves your car.

The prior law required a physician, clinical psychologist or qualified examiner to notify the Department of State Police upon determining that someone is developmentally disabled. The new law applies to persons over age 14 and defines development disability as comparable to an indefinite intellectual disability that arose before age 18. The disability must cause significant functional limits in the individual’s ability to perform at least three of the following life functions: 1) self care, 2) receptive and expressive language, 3) mobility, 4) learning or 5) self direction. (See 405 ILCS 5/6-103.2.)

If you are charged with a weapons offense, contact an experienced criminal law attorney immediately. An 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 courthouse may be able to negotiate a more favorable plea agreement than you can 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 Amendments to Concealed Carry 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 concealed carry, firearm possession, firearms, gun possession | Leave a comment

THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME?

Posted on September 7, 2015 by admin

The police are charged with enforcing the law. But what if they misunderstand that law? What if the officer stops you based on his or her mistaken belief about what the law really means? Will a judge allow the evidence resulting from that mistake to stand?

Before he or she can stop you, an officer must have a reasonable, articulable suspicion of wrongdoing. Such a stop or search may be valid even if the officer misunderstood the law as long as that misunderstanding is reasonable. Laws can be complicated and ambiguous. A court will generally not penalize the officer over a complex law. However, if the officer’s mistake is unreasonable, you may be able to get the evidence against you dismissed.

In People v Flores, an officer stopped a defendant because he believed the defendant’s license plate frame violated Illinois’s plate-display law. In a subsequent search, the officer found heroin in defendant’s car. The Seventh Circuit Court of Appeals held that Mr. Flores’s car dealer-type license plate frame did not violate the law. Nor was it reasonable for the officer to think that it did. As a result, the court overturned the defendant’s conviction.

In contrast, the U.S. Supreme Court recently upheld a traffic stop where the officer mistakenly understood a North Carolina law to require two working brake lights. However, in that case, the law was subject to varying interpretations. Furthermore, the Court said its decision in favor of the officer only applied to reasonable mistakes of law. See Helen v North Carolina.

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 arrest, mistake of law, search and seizure, traffic stop | Leave a comment

DO I NEED A TRANSLATOR FOR CRIMINAL COURT IN ILLINOIS?

Posted on August 24, 2015 by admin

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case.

In Illinois, the courts are required to provide a translator for criminal matters if the defendant needs one. All Chicago-area courts have Spanish translators on hand. Other translators are brought in as needed. This can cause some scheduling difficulties with court dates, but any disadvantage is far outweighed by your having a complete understanding of your court case.

The legal and procedural language used in court can be difficult to understand for a non-attorney, especially if you are already anxious about being in court. We have had clients who are normally fluent in English freeze when they get before a judge. Often the translator is simply explaining the procedures taking place. But a translator can be especially important if you are testifying, because you do not want to guess about whether you understood or answered a question correctly.

If you do not ask for a translator early in your case, a judge might distrust your later request and think you are pretending a problem. A recent Illinois Appellate court upheld a decision denying a translator because the defendant had gotten through much of the case without one. (See People v Argueta.) The defendant had repeatedly declined a translator before the trial, and a review of the record showed that the defendant answered questions appropriately.

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 court appearance, court procedure, translator | Leave a comment