THE INSANITY DEFENSE IN ILLINOIS

Posted on March 16, 2015 by admin

Sometimes a defendant commits a crime without being truly responsible for his or her actions. Illinois recognizes this concept as the insanity defense. There are, however, many misconceptions about how it works.

Legal insanity does not mean just any type of mental illness or inexplicable behavior. A serial killer’s actions sound insane, but the killer can still appreciate what they are doing is wrong and have the capacity, if not the desire, to conform their conduct to the law.

Legal insanity does not mean diminished capacity, a defense no longer used in Illinois. The fact you committed the crime when you were too drunk to think straight will not excuse your conduct.

Illinois law does recognize the verdict of guilty but mentally ill, where your judgment was impaired by mental illness, but you still knew what you did was wrong. This verdict, however, does not relieve you from punishment.

Under the Illinois Insanity statute, a person is not criminally responsible for their acts if at the time, as a result of mental disease or mental defect, he or she lacked substantial capacity to appreciate the criminality of his or her conduct. (See Insanity.)

Insanity does not mean a person is innocent. In fact, the state must prove you guilty of all elements of the crime beyond a reasonable doubt. Then you must prove your legal insanity by clear and convincing evidence.

Because the defendant must prove insanity, it is critical to present the most compelling evidence possible. A criminal law attorney who is experienced in this defense knows that a credible doctor’s testimony can make or break a case. Your acquaintances may testify about how they saw you immediately before or after the crime, but their testimony is no substitute for an expert’s.

The court will pronounce you guilty of the offense before finding you “not guilty by reason of insanity.” The benefit of such a verdict is that you will likely avoid prison. You can instead be committed to a mental hospital until you are considered well enough to be released.

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 diminished capacity, guilty but mentally ill, insanity defense, not guilty by reason of insanity | Leave a comment

ILLINOIS GETS NEW EAVESDROPPING LAW

Posted on February 19, 2015 by admin

After the former law was struck down as unconstitutionally broad, Illinois has enacted a new eavesdropping statute.

Under the new law, it is illegal to use an eavesdropping device to record private conversations unless all parties consent. (See Illinois Eavesdropping Statute.) A private conversation is defined as oral communication between two or more parties, whether in person or through wire or other means, and where one or more of the parties intended the communication to be private under circumstances reasonably justifying that expectation.

A person commits the crime of eavesdropping when he or she knowingly or intentionally uses an eavesdropping device to surreptitiously overhear, transmit or record a conversation to which he or she is not a party unless all parties to the private communication consent. It is also illegal to disclose any information obtained through that eavesdropping.

Police are not permitted to eavesdrop without a court order unless they were unaware that the communication was privileged.

Eavesdropping as a first offense is a Class 4 felony, punishable by 1 to 3 years in prison. A second offense is a Class 3 felony, punishable by 2 to 5 years. Eavesdropping on law enforcement or the state’s attorney while in the performance of their duties is a Class 3 felony for a first offense, and a Class 2 for subsequent offenses.

If you are charged under the new law or for another criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case to determine your best possible options. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you intentionally eavesdrop? Did the complaining witness really have a justified expectation of privacy?

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 eavesdropping, illinois eavesdropping act | Leave a comment

ILLINOIS ENACTS NEW LAW TO PREVENT “REVENGE PORN”

Posted on February 19, 2015 by admin

Before the modern digital era, jilted lovers would exact revenge on their unhappy exes by mailing those compromising photos. Once the photos or negatives were destroyed, however, the images were gone. End of problem.

But in these times, things are not so simple. Photos taken by cellphone during an unguarded moment may be impossible to eradicate. And transmitting a damaging image has never been so simple.

As a result, Illinois has enacted a law to ban the dissemination of private sexual images without the subject’s consent. Starting June 1, 2015, it is a Class 4 felony punishable by 1 to 3 years to intentionally disseminate an image of another who 1) is at least 18, 2) engaged in a sexual act or where intimate parts are exposed and 3) is identifiable from the image or information with the image. The image must have been obtained under circumstances in which a reasonable person would understand that it was to remain private.

If you are charged with this offense, contact an experienced criminal law attorney immediately. An attorney can review your situation to determine your best possible defense. As with most crimes, the state has the burden of proving all the elements of the crime beyond a reasonable doubt. Did you intentionally send the photos? Is the victim identifiable? Were the photos in fact sexual? 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 are charged with this offense, do not speak about your situation with police or third parties. Any efforts to explain the situation could result in giving the state’s attorney the ammunition they need to convict you.

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: Non-consensual dissemination of private sexual images.

(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 cyber crime, cyber porn, cyber stalking, revenge porn | Leave a comment

TAKING THE PLEA IN CRIMINAL COURT IN ILLINOIS

Posted on January 6, 2015 by admin

In my practice, making a plea agreement is a last resort, not a first option.

When a client comes to me, I first review all the evidence against him or her for any possible defense. Was the arrest based on probable cause? Was the search proper? Can the state prove all the elements of the crime?

But sometimes, the state’s case is very strong, and the client is best served by making a plea agreement.

Depending on the jurisdiction or the courtroom, I will negotiate a plea with either the state’s attorney or village prosecutor. In some cases, the judge will hold something called a 402 conference. In a 402 conference, the prosecutor and defense attorney meet in the judge’s chambers to discuss the case. At that time, I will present any evidence in your favor as to why you deserve a more lenient sentence. The judge will then make a recommendation regarding the charges and sentencing.

If the prosecutor’s offer or the judge’s recommendation is agreeable, you may accept the plea. This means you are giving up your rights to confront witnesses, go to trial or present evidence in your defense.

Or you can reject the offer and take your chances at trial.

In negotiating a plea, it helps to have an attorney who is respected at the courthouse and knows the players involved. The prosecutor does not have an incentive to make a good offer to an attorney who never takes cases to trial. An attorney who is familiar with the prosecutor and judges also has a better understanding of what to say on your behalf—or what will backfire.

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 procedure, plea agreement, plea bargain | Leave a comment

NEW ILLINOIS LAW PENALIZES KRATOM USE BY MINORS

Posted on November 14, 2014 by admin

As of January 1, 2015, children under age 18 may not sell or possess any product containing the herbal drug Kratom.

Kratom is derived from the Mitragyna speciosa, a tree native to Thailand. Its effects are similar to morphine or opium.

The new law makes it a Class B Misdemeanor, punishable by 180 days in jail, for a minor to knowingly purchase or possess the substance. Other persons may not knowingly sell or distribute Kratom to a minor or buy the drug on their behalf. Minors may also be penalized for using fake identification to obtain the drug.

If you are charged under the new law, contact an experienced criminal law attorney immediately. Do not speak with the police or other third parties about your offense. Your attempts to talk your way out of the situation may end up digging you in deeper and limiting any defense you might otherwise have.

An experienced attorney can review your case for your best options. Perhaps you did not knowingly possess the drug. Or perhaps the police acted improperly when they arrested you. 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 controlled substance, drug offenses, kratom, minors, narcotics | Leave a comment

THE POLICE ARE AT MY DOOR: KNOCK AND TALK DOCTRINE IN ILLINOIS

Posted on October 27, 2014 by admin

When you answered the doorbell, you were surprised to see the police. The officer said he had a few questions and wanted to know if he could come in. The officer did not have a search warrant. Do you have a right to refuse?

Generally, the answer is yes. While police have the same right to “knock and talk” as a private citizen, what happens after that can be somewhat different. “Knock and talk,” allows police to investigate or ask for consent to search your home. Police cannot use “knock and talk” to raid your home, show force or make demands upon you. Once you tell police you do not wish to talk or let them in, the encounter should end.

When refusing entry to your home, you should say as little as possible. Do not try to argue about your rights. Be polite and the to the point.

If the encounter does not end and police discover evidence of a crime, you should consult an experienced criminal law attorney immediately. An attorney may be able to petition the court to suppress the evidence based on the illegal search.

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 People v Kofron.

(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 4th Amendment, Fourth Amendment rights, illegal search, knock and talk, search and seizure | Leave a comment

ILLINOIS TOUGHENS LAW ON DOMESTIC VIOLENCE OFFENDERS

Posted on September 29, 2014 by admin

Starting January 1, 2015, Illinois law gives the Court new tools to discourage offenders from violating an order of protection.

Known as “Diane’s Law,” the new law enables the court to keep tabs on an offender’s whereabouts through electronic or GPS surveillance as a condition of bail. The court may also order the defendant to obtain a risk assessment and may require the offender to pay the cost of both the surveillance and the assessment.

The law is named for Diane Kephart who was murdered by an ex-boyfriend three days after renewing an order of protection.

The law protects intimate partners defined as a spouse or current or former partner in cohabitation or in a dating relationship. The law applies to defendants beyond those who have violated an order of protection including those charged with attempted first degree murder as well as both regular or aggravated forms of domestic battery, kidnapping, unlawful restraint, and stalking.

The fact you stalked or harassed someone from your computer is no defense. The law also covers cyberstalking and harassment through telephone or electronic means.

If someone is seeking an order of protection against you or you have been charged with one of the above crimes, contact an experienced criminal law attorney immediately. Do not speak to the police or third parties about your situation. What sounds like a reasonable explanation to you might give the prosecution the evidence they need to convict you.

An experienced attorney can review your case to determine your best possible defense. Even if the evidence against you is overwhelming, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See: 725 ILCS 5/110-5(f).

(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, order of protection, violation of order of protection | Leave a comment

CAN POLICE SEARCH YOUR GARBAGE WITHOUT A WARRANT?

Posted on September 15, 2014 by admin

Whether police need a search warrant for something like a garbage can generally depends on whether you have a reasonable expectation of privacy in the place or thing being searched.

When it comes to garbage, your expectation of privacy can depend on where the trash is located. If your garbage is awaiting pick up in the alley, police will likely have a right to investigate. If your garbage was still within “the curtilage” of your home, however, police may first need a warrant.

Generally, police cannot enter a private residence unless they have emergency or exigent circumstances, consent or a warrant. The curtilage of your home is included in this Fourth Amendment protection. The curtilage is defined as the land immediately surrounding and associated with your home. The scope of the curtilage is generally determined by whether you reasonably expect the area to be treated like your home. For example, the area within your fenced-in yard would be a curtilage. The case law in this area is complex and depends a great deal on the specific facts of each situation.

Therefore, if your garbage was still in your garage or next to your back door, the police may require a warrant before they can poke through it. (However, if the police are otherwise lawfully within the curtilage of your home and happen to see something in plain view, they can investigate the object.)

This protection in garbage applies even if you are a guest in someone’s home. Therefore, if you are staying at a friend’s and you threw contraband in their garbage, you have a privacy expectation until about the point the garbage is set outside for pick up.

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 People v Kofron.

(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 curtilage, garbage, illegal searches, reasonable expectation of privacy, trash search without a warrant, warrantless search | Leave a comment

“I CLICKED ON THE WRONG SITE!”: THE ILLINOIS LAW ON CHILD CYBER-PORNOGRAPHY

Posted on August 25, 2014 by admin

You were browsing some adult content sites on your computer when you came across some links to other photos. You clicked on the links and to your horror, they were photos of children in suggestive poses. Somehow, the police found out and now you are charged with child pornography.

What can happen to you? What can you do?

The Illinois Child Pornography law prohibits the obscene use of children ranging from taking the photos to soliciting the models. But what if you came across the photos accidentally online?

Illinois law specifies that it is illegal to knowingly possess any “film, videotape, photograph or other similar reproduction or depiction by computer of any child” whom you reasonably should know was under age 18. (This offense also includes depictions of severely intellectually disabled adults.) Each separate photo or computer depiction can be charged as a separate offense.

You may have a defense if you reasonably believed the child in the image was over age 18 after you made diligent inquiry. Your possession of the images must also be voluntary. However, possession is considered voluntary if you had the image long enough that you could have terminated your possession.

If the computer image you possessed was a photo, you can be charged with a Class 3 felony, punishable by 2 to 5 years in prison. If the child was under age 13, the offense is upgraded to a Class 2 felony, punishable by 3 to 7 years. The offense is also a Class 2 felony if the images were a film or video.

Besides prison and fines, the Court may order you to register as a sex offender, which can bar you from many normal activities such as choosing where you live, who you visit or where you work.

If you are charged with child pornography, contact an experienced criminal law attorney immediately. Do not make any statements to a third party or the police. An attorney can review your options and help you determine the best possible defense.

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.

See: Illinois Child Pornography 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 child pornography, Cybercrime, cyberpornography | Leave a comment

SECOND CHANCE PROBATION IN ILLINOIS

Posted on August 11, 2014 by admin

You’ve never done anything wrong before, but when you did, the crime was a big one. Maybe the cost of the designer jeans you shoplifted upgraded you into felony territory. Or you had just a little too much pot or narcotics on your person to qualify for a misdemeanor.

Under certain circumstances, second chance probation might allow you to avoid the stigma of a criminal record following you for the rest of your life.

As of January 1, 2014, Illinois allows second chance probation to be offered for certain felony offenses. To qualify, you cannot have a past felony conviction or a criminal record involving a violent crime which includes domestic battery, possessing a firearm, sex offenses, stalking or DUI. If your current felony involves violence, a sex offense or DUI, you also would not be eligible. However, for certain Class 3 and Class 4 felonies involving drugs, retail theft or criminal damage to property, there may be light at the end of the tunnel.

Like coupons, you cannot combine these types of leniency programs. If you’ve had second chance probation or a similar program, you may not be eligible again.

Second chance probation is not given automatically. You should still consider retaining an attorney to help you qualify. An attorney can help present your situation in the best possible light to demonstrate that you deserve that second chance.

If you get second chance probation, the judge must sentence you to at least two years of probation. During that time, you cannot violate any criminal statutes or possess a firearm or dangerous weapon. You may also have to repay the victim, pay fines and court costs, perform at least 30 hours of community service, get a job, graduate from high school and submit to drug testing.

If you do complete the program, the case against you will be dismissed, which will enable you to avoid that felony conviction on your record.

If you have questions about this or other related Illinois criminal or traffic charges, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See Illinois Second Chance Probation 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 clear criminal record, criminal record, probation, second chance probation | Leave a comment