CAN RUNNING FROM POLICE BE GROUNDS FOR ARREST IN ILLINOIS?

Posted on April 24, 2015 by admin

You like to walk at night. A police officer thought your presence late at night was suspicious so he stopped you. You didn’t want him to find the concealed weapon or the cocaine in your pocket, so you ran. Now you are charged with possession of a controlled substance as well as obstructing justice.

Can they do that? What can you do?

Whether your flight gives police grounds for arrest may depend on if you fled an arrest or a lawful investigatory stop rather than an unlawful investigatory stop. The Fourth Amendment protects you from illegal searches and seizures. You are not required to answer police questions. If the officer does not have a lawful reason to stop you at the beginning, your flight alone cannot justify an arrest.

However, if the officer had a lawful reason to stop you or the officer was arresting you. your flight may then raise grounds for suspicion and justify a later arrest. The evidence uncovered after your arrest may be admitted even if the officer’s original basis for arresting you was not legal.

For example, an officer stops you because you are in the park at night looking nervous. Nervousness by itself is not lawful grounds for a stop. The police must first have a reasonable, articulable suspicion of wrongdoing at the time he stops you. If the officer merely wanted to frisk you because you seemed nervous, your flight does not justify a later arrest.

Now let’s say the officer wants to stop you because he sees you carrying items that were just reported stolen or he had a tip that someone matching your description just fled the scene of a crime. The officer now has a legal reason to stop you, and your flight gives him or her grounds for arrest.

But let’s say the officer starts arresting you without a reason other than that you look nervous. You run. The arrest is now justified by your flight. Even though the original arrest was illegal, your flight can be used against you. Instead of being able to suppress the original unlawful arrest, you must now deal with an arrest lawfully based on your flight.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If your flight was the basis of an unlawful arrest, an attorney can petition the court to suppress the arrest along with any resulting 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.

Source: People v Shipp.

(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, escape, fleeing, flight, investigatory stop, probable cause, search and seizure | Leave a comment

CHANGE OF HEART: A PUBLIC’S DEFENDER’S JOURNEY TO FORGIVENESS

Posted on April 10, 2015 by admin

“Are you a real lawyer or are you a public defender?”

This is a question that I hear repeatedly at court as a private defense attorney, and it comes loaded with implications. Anybody who is a veteran of criminal law practice knows that public defenders are real lawyers, and that private attorneys often scurry to seek out their advice.

Jeanne Bishop is one of the very best public defenders in Cook County. She recently published Change of Heart, a personal memoir based on her searing experiences within the criminal justice system. I generally advise young attorneys to turn off the TV, drop the smartphone, and read books. Especially books about topics other than the law. For once, here is a story of the legal system that has volumes to say about justice and personal courage.

As a young student, Jeanne volunteered years ago to help fight egregious human rights violations against the people of Northern Ireland. At the time, she was a young attorney with an exceptional background, boundless possibilities, and a stable family life. Then Jeanne’s sister Nancy and her husband were murdered in their home, along with Nancy’s unborn child. Since the murder had happened in a wealthy town and nothing of value seemed to be missing, a frantic investigation was launched. The FBI intervened, outlandishly suggesting that the murders might be linked to Jeanne’s civil rights work in Ireland.

Unbelievably, Jeanne was investigated by the FBI. Allegations that she was obstructing investigators aired recklessly in the media as her depression over Nancy’s murder deepened. While this investigation is briefly noted in the book, Jeanne shows little interest in recounting her own mistreatment at the hands of media and law enforcement. Then the case broke wide open. A young informant led police to David Biro, a troubled local high school student.

The murder weapon was found in Biro’s room, along with scribblings that implied his guilt for the murders. Eventually, Biro was sentenced to life in prison as a juvenile defender. Meanwhile, Jeanne had left a lucrative job with a corporate firm to work as a public defender. As a long-time advocate against the death penalty, she began questioning the propriety of life sentences for young offenders. After intense soul-searching, she decided she had to meet her sister’s killer. What follows may surprise many readers.

A lesser writer might have crafted a profoundly different book out of these horrendous experiences. The brutal elements of the story are not minimized, but sensationalism and self-pity are absent from these pages.

This is a story of justice, the abuse of justice, and the power of forgiveness. Many will disagree with some of Jeanne Bishop’s conclusions, and some will suggest that her religious faith has blinded her. In truth, here is a work of profound vision. The words are etched from pain, but they recount an inspiring act of mercy. This is an unforgettable story.

Jeanne Bishop’s book, Change of Heart, is published by WJK books. Visit www.wjkbooks.com.

If you have questions about Illinois criminal law, 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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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