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

WHAT TO DO IF YOU HAVE NOT HIRED AN ATTORNEY FOR YOUR FIRST CRIMINAL OR DUI COURT DATE IN ILLINOIS

Posted on July 29, 2014 by admin

You were recently charged with a crime, and your first court date is coming up fast. You intended to hire an attorney, but haven’t been able to do so yet—either because of time or money or you just haven’t picked which one.

How should you handle your first court date?

Many people come to court at some point without an attorney. In most cases, the judge will require you to come back with someone. Playing your own lawyer may make exciting TV drama, but in most cases, the judge will not allow it. If you are truly indigent, you may be entitled to the public defender. Otherwise, you must hire your own private counsel.

If you don’t have an attorney on your first court date, you must still appear. Some courtrooms will allow a defendant to check in with the court clerk to have your case called sooner. Most courtrooms, however, do not allow this practice and require you to wait until your turn on the docket. By Supreme Court rule, defendants with private attorneys are called first.

Once your case is called, answer “here” and step up before the bench. Explain to the judge that you will be hiring your own attorney and politely request a continuance. The judge should give you a new court date. It is best if you have an attorney by this second court date or you may try the judge’s patience.

When attending court, be sure to appear on time even though you may have to wait. You should dress in clean, pressed, conservative clothing.

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 appearance, court appearance, court date | Leave a comment

DO THE POLICE NEED A WARRANT TO SEARCH A CELL PHONE? THE U.S. SUPREME COURT SAYS ‘YES!’

Posted on July 15, 2014 by admin

Police generally do not need a warrant to search a suspect as part of a lawful arrest. Such a search may be limited to the person of the arrestee and the area immediately within their control. However, most of us carry cellphones on our person. Can the police look at all the personal information stored in our phone?

In a landmark decision, the U.S. Supreme Court has said the answer is no. See Riley v California. While officers may search the arrestee to prevent destruction of evidence or protect the officer from harm, searching a cell phone serves neither purpose. Instead the intrusion to a defendant’s privacy far outweighs those concerns. And an officer can protect the phone’s contents from being remotely erased by following certain procedures.

According to the court, cell phones differ from other physical objects because of their immense storage capacity. Cell phones “could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps or newspapers,” the Court wrote. In this digital age, the person who doesn’t carry a “cache of sensitive personal information with them” is the exception.

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 arrest warrant, arrest. criminal arrest, cell phone search, search and seizure | Leave a comment

“BUT I JUST TEXTED!”: THE LAW ON CYBERSTALKING IN ILLINOIS

Posted on June 24, 2014 by admin

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post Illinois Stalking and Cyberstalking Laws Declared Unconstitutional.

You broke up with your girlfriend. You still had something you wanted to say. But she wouldn’t talk to you so you kept instant messaging her. Finally, you IMed that she better talk to you “or else.” Now you are charged with cyberstalking.

What is cyberstalking? What can happen to you? What can you do?

In Illinois, you can be charged with cyberstalking if you use electronic media to harass someone else on at least two separate occasions. Electronic media includes texts, emails and voice mails. You must also have knowingly and without lawful justification transmitted a threat of immediate or future bodily harm, confinement or sexual assault against that person or their family or you must have caused that person or their family to reasonably fear immediate or future harm.

And your stalking need not be one on one. It is still cyberstalking if you solicit someone else to do the harassment for you. Additionally, you can be charged if you knowingly and without legal justification maintain an internet page accessible to more than one person for at least 24 hours that 1) threatens someone, 2) causes them or their family to fear immediate or future harm or 3) solicits others to harm that person or their family.

Cyberstalking on a first offense is a Class 4 felony punishable by 1 to 4 years in prison. Further offenses are a Class 3 felony punishable by 2 to 5 years in prison.

If you are charged with cyberstalking, consult an experienced criminal law attorney immediately. Do not talk about your case with the police or third parties. Do not try to explain yourself. You may just end up digging yourself in deeper. What you think is justification might give the prosecution the evidence they need to convict you.

An experienced attorney can review your case to help you present the best possible defense. As with most criminal charges, the state must prove you guilty of all the elements of the crime beyond a reasonable doubt. Did you act knowingly? Were your actions without legal justification? Did your statements go beyond harassment? Was the victim’s fear of bodily harm reasonable? Was the internet page posted without your knowledge?

Even if the evidence against you is overwhelming, an experienced 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: 720 ILCS 5/12-7.5: Cyberstalking.

(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 Cybercrime, cyberstalking, electronic harassment, electronic stalking, harassment, stalking | Leave a comment

“I DIDN’T STEAL IT!”: PROVING BURGLARY IN ILLINOIS

Posted on June 17, 2014 by admin

You bought a couple I-phones from an acquaintance. You thought they were his, but it turned out he had recently stolen them from a store and then he disappeared. Now the police have charged you with the burglary.

What can happen to you? What can you do?

The crime of burglary in Illinois involves stealing from a place. (720 ILCS 5/19-1.) If you knowingly enter or remain in a building without permission with the intent to commit a felony or theft, you may be charged with a Class 2 felony, punishable by 3 to 7 years in prison. If the building was a day care, school or church, your charges can be upgraded to Aggravated Burglary, a Class 1 felony, punishable by 4 to 15 years in prison.

But you didn’t steal the phones and you were never in the store. Can they still convict you? As with most other crimes, the state must prove you guilty of every element of the offense beyond a reasonable doubt. The fact you have the recently stolen I-phones may not be enough to convict you of their burglary unless 1) there is a rational connection between your possession of the stolen property and your participation in a burglary, 2) your guilt of the burglary more likely than not flowed from your recent, unexplained and exclusive possession of the proceeds, and 3) there was corroborating evidence of your guilt.

In a recent Illinois Appellate case, the court reversed the defendant’s conviction because the evidence was insufficient to infer that the defendant had committed the burglary based on his unexplained and exclusive possession of some auto parts. The prosecution could not prove that the items the defendant possessed were the same as the recently stolen parts or that he even entered the store where they had been taken. (See People v Terrance Smith.)

If you are charged with burglary or a related crime, contact an experienced criminal law attorney immediately. An attorney can review the evidence for weaknesses in the state’s case and help you put on the best possible defense. Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to 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 aggravated burglary, burglary, stealing, theft | Leave a comment

THE ILLINOIS LAW ON HOT PURSUIT

Posted on June 10, 2014 by admin

When you saw the siren, you panicked. You knew you were near the city limits or the state border and you thought if you crossed it, the police would have to stop just like in the movies.

Can police follow you across jurisdictional lines? For the most part, they can although the rules for out of state and in-state police are somewhat different.

Police from outside Illinois have the same authority to arrest you inside Illinois as an Illinois officer if they are in hot pursuit. (725 ILCS 5/107-4). Hot pursuit is defined as the immediate pursuit of a suspect who is avoiding arrest. The officer need not have you in view the entire time, but must have uninterrupted knowledge of your whereabouts and must proceed without unreasonable delay. The officer’s jurisdiction must share a border with the place where you fled.

Once arrested, the officer must bring you before the circuit court in the county where you were arrested in order to determine whether the arrest was lawful.

Inside Illinois, police may arrest you anywhere in the state for a crime committed inside their jurisdiction. (725 ILCS 5/107-5). Illinois case law has held that police may make an arrest in an adjoining jurisdiction where the officer has probable cause to believe that the accused committed an offense in the officer’s jurisdiction. This is true even though the officer merely entered the adjoining jurisdiction because of some suspicious activity and was not then in fresh pursuit of the offender. People v Carraher.

Police, however, cannot arrest you for a crime committed outside their jurisdiction. A recent Illinois case held that Chicago police could not arrest a Maywood defendant where the criminal act, police surveillance, search and arrest all took place in Maywood. People v Harrell.

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 fleeing, fresh pursuit, hot pursuit, jurisdiction, police jurisdiction | Leave a comment

RESIDENTIAL BURGLARY IN ILLINOIS: WHEN A HOME IS NOT A DWELLING

Posted on June 3, 2014 by admin

A person commits residential burglary in Illinois when he or she knowingly without permission enters or stays within someone else’s dwelling intending to commit a felony or theft. Residential burglary in Illinois is a Class 1 felony.

If your burglary is not within a dwelling, then you may be eligible for the lesser charge of simple burglary, a Class 2 felony. So how do you know whether the home you were in was really a dwelling?

The residential burglary statute defines a dwelling as “a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.” (720 ILCS 5/2-6(b), 19-3(a).)

Under Illinois case law, a home is not a dwelling if the owners have moved away and do not intend to return, even if the property is up for sale and may be occupied at some later time. See People v Brett Roberts. Further, a building owned by a real estate developer was not a dwelling even though the developer visited the premises and planned on remodeling. See People v Marcello Moore. In either case, there were no specific individuals who lived there or intended to move in.

If you are charged with burglary, contact an experienced criminal law attorney immediately. An attorney can review your case to help you present the best possible defense. As with most criminal charges, the state must prove every element of the charge beyond a reasonable doubt. With residential burglary, the state must prove that the building is a dwelling. Otherwise, at the very least, your charges must be reduced.

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.

Also see: Illinois Burglary 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 burglary, Class 1 Felony, Class 2 felony, dwelling, residential burglary, robbery, theft | Leave a comment