THE ILLINOIS LAW ON STALKING

Posted on April 7, 2014 by admin

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

You can’t get her out of your mind. So you’ve been following her thinking she didn’t see you. But she called the police and now you are charged with stalking.

What can happen to you? What can you do?

In Illinois, you can be charged with stalking if you knowingly: 1) Engage in conduct that would cause a reasonable person to fear for their or another’s safety or cause them emotional distress. 2) Follows or places someone under surveillance at least twice and threatens that person or their family member with harm. 3) After a conviction for stalking, follows or places that same person under surveillance or threatens them with harm even if it is just once. 4) Direct a third person to do your stalking for you.

Stalking on a first offense is a Class 4 felony, punishable by 1 to 4 years in prison and a $2,500 fine. Later offenses up the ante to a Class 3 felony, punishable by 2 to 5 years plus a fine.

The stalking conduct may include harming another person’s property or pet, following them, monitoring them or other nonconsensual conduct. Stalking includes electronic communication, potentially including images sent via Snapchat or other similar servers.

If you are charged with stalking, contact an experienced criminal law attorney immediately. Do not discuss your situation with the police or third parties. Any statements you make could be used against you at trial and could limit your potential defenses. Often, people trying to justify their conduct just dig themselves in deeper.

An experienced criminal law attorney can review your case for the best possible defense. As with other criminal charges, the state must prove you guilty of all the elements of the crime beyond a reasonable doubt. The stalking law requires that you acted “knowingly” or that the conduct be “nonconsensual.” Did you know the alleged victim was going to be where you saw him or her? Did he or she tell you to stop by or email? Was your conduct really bad enough to cause a reasonable person to suffer emotional distress or fear for their safety?

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 cyberstalking, electronic stalking, following, harassment, stalking | Leave a comment

ILLINOIS SUPREME COURT HOLDS EAVESDROPPING LAW UNCONSTITUTIONAL

Posted on March 31, 2014 by admin

Two recent Illinois Supreme Court decisions have put nails in the coffin of Illinois’ controversial Eavesdropping statute.

Under the law, a person is guilty of eavesdropping when he or she “knowingly and intentionally uses an eavesdropping device for the purpose of hearing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication.” 720 ILCS 5/14 2(a)(1)(A).

Prior well-publicized cases have involved individuals recording their encounters with police. A jury acquitted one such defendant and a judge deemed the statute unconstitutional in another defendant’s case. In 2012, the Seventh Circuit Court of Appeals held the law unconstitutional.

Now, the Illinois State Supreme Court has agreed in both Kane and Cook County cases. In People v DeForest Clark, a Kane County defendant recorded conversations involving himself, his ex-wife’s attorney and a judge. The Clark court stated that the law was overbroad, and in a world of smart phones, went too far to protect an individual’s privacy in their communications.

In the Cook County case, the defendant recorded conversations with a court reporter regarding a court transcript’s accuracy. Defendant posted the conversations on her website. (See People v Melongo.) The court held that the eavesdropping statute substantially burdens more speech than necessary to serve the government’s legitimate interest in protecting privacy. In other words, enforcing the statute too often criminalizes otherwise innocent conduct.

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 eavesdropping, illinois eavesdropping act | Leave a comment

IT WAS JUST A PRANK!: ILLINOIS CRIMINAL DAMAGE TO PROPERTY LAW

Posted on March 3, 2014 by admin

You thought it would be a really good joke. You and your buddies spray painted your team’s logo on a rival school’s bus. Or maybe you set off some fireworks in the neighbor’s yard one night. But instead, you blew up his bushes.

Now you are charged with a crime. What is criminal damage to property? What can happen to you? What can you do?

In Illinois, you commit criminal damage to property if you knowingly damage any property of another. This includes setting fire to or setting off explosives on another’s property, injuring their animals or depositing something with an offensive smell. Criminal property damage also includes shooting guns at a railroad train, and tampering with fire hydrants or fire equipment. You may also be charged with knowingly damaging property with the intent of defrauding an insurer.

The charges and punishment depend on what you did, where you did it and how much damage it caused. For most categories, charges range from a Class A Misdemeanor (up to 1 year in jail) for damage under $300 to a Class 2 Felony (3 to 7 years in prison) for damages over $100,000. (UPDATE: As of January 1, 2017, the amount required to increase a charge from a misdemeanor to a felony will be $500.) Messing with fire equipment or a hydrant is a Class B Misdemeanor (up to 6 months). Your charges can also be upgraded if the damage involved a school, place of worship, a farm, or to a memorial for police, firefighters, National Guardsman or veterans. Shooting at a train is a Class 4 felony and so is injuring animals if the damage is under $10,000.

If you are charged with criminal damage to property, do not speak to a third party or the police about your case. Trying to explain yourself may end up giving the state’s attorney the proof they need to convict you as well as restricting any potential defense.

Contact an experienced criminal law attorney immediately. An attorney will review your case for the best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you act knowingly? Did you have permission from the owner to create the damage? Can the state prove it was you? Can they prove the value of the damage?

Even if the evidence against you is overwhelming, an 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.

Source: Criminal Damage to Property.

(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 damage to property, criminal property damage, fire hydrant, grafitti, property damage, spray paint | Leave a comment

SIX WAYS TO DEFEND AN ILLINOIS SHOPLIFTING CASE

Posted on February 24, 2014 by admin

As with most criminal charges, the State has to prove you guilty of all the elements of retail theft beyond a reasonable doubt. Retail theft is a tough crime to defend because often someone is caught in the act on video or by store personnel, and merchants are aggressive about prosecuting these charges.

However, your case may not be hopeless. Here are six ways you may be able to defend your retail theft charge:

1) Can the store prove it was you? In one Illinois appellate case, the store was able to prove that the person in a driver’s license had committed the crime but could not prove that the defendant was the person in the driver’s license.

2) Did you take the items knowingly? Maybe you were shopping with a “friend” who handed you the merchandise, but you honestly believed your friend had already paid for the goods. Or maybe the item appeared to be a free sample.

3) Can they prove you took possession of the goods? Maybe the shoplifted items were found in your car or even your shopping cart, but can the State prove you put them there? Did someone else have access to the area where the items were found?

4) Were the items actually offered for sale by the store? Maybe the items the store accuses you of stealing actually came from somewhere else. In one Illinois Appellate case, a defendant was seen dragging aluminum three lots away from the store that accused him of stealing. Defendant’s conviction was reversed because a store employee merely guessed that the alumnimum must have belonged to the store.

5) Did you intend to take the items permanently? This should be the easiest defense to prove but can be the hardest. Often, a shopper is distracted and forgets something in their cart. But the fact you walked past the last pay station can be used to infer that you intended to take the item. However, you may be able to show the circumstances were such that you really didn’t mean to walk out with the watch or the baby formula.

6) When all else fails: You may qualify for a special deferment program that will result in getting your retail theft charges dismissed along with a chance to clear or expunge your record.

If you are charged with retail theft, contact an experienced criminal law attorney at once. Do not speak of your situation to the police or third parties. Any statements you make can be used in evidence against you and may rule out a potential defense. An experienced criminal law attorney can review your case for the 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 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 criminal defense, retail theft, shoplifting | Leave a comment

SETTING THE RECORD STRAIGHT: ILLINOIS IDENTITY THEFT EXPUNGEMENT

Posted on February 10, 2014 by admin

Your name is Jack Smith, but you’re not THAT Jack Smith, the one who stole your identity and misused a credit card or embezzled from a bank account or got a DUI using a license with your information. Perhaps you were even arrested for those crimes, but were able to prove it wasn’t you. Still, the other guy’s crimes keep showing up on your background check.

What can you do?

c You must attach all supporting documentation that demonstrates that someone misused your identity in committing any crimes, and you will likely have to appear at a hearing to answer questions. Once the Petition is granted, the records linking the crime to your identity will be cleared.

While you can file the Petition yourself, an experienced criminal law attorney can help you present the most relevant evidence in its best possible light. If the court is not convinced that you were a victim of identity theft, the judge could deny your petition.

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 clearing criminal record, expungement, identity theft expungement, sealing | Leave a comment

TELEPHONE HARASSMENT: WHAT IS INTENT?

Posted on January 20, 2014 by admin

Illinois law prohibits someone from using the phone to make obscene comments with the intent to offend another or to make a call, whether or not one speaks, with the intent of abusing, harassing or threatening someone.

A caller’s intent is a specific element of the offense. Therefore, the state must prove you had the required intent beyond a reasonable doubt. You act with intent when your conscious purpose is to engage in the conduct or to accomplish the purpose that is barred by law. For telephone harassment, you must intend to offend, abuse or threaten the other person.

Besides being intentional, your conduct must be voluntary. Your actions are not voluntary if they result from a reflex, are done while sleeping or under hypnosis, or are otherwise not your will.

In an interesting new Illinois case, the Illinois Appellate Court found that a defendant who suffered from Tourette’s syndrome did not act voluntarily in making phone calls to the victim. The defendant could not control a complex series of tics that resulted in the offensive phone calls. People v Nelson. While Defendant was not taking required medication, the State did not prove that his failure to take his medication was voluntary. Otherwise, defendant could have been held responsible for his acts.

If you have been charged with telephone harassment or another criminal offense, contact an experienced criminal law attorney immediately. Do not talk to the police or third parties about your case. Any attempt to explain your actions could end up constituting an admission of guilt.

An attorney can review your case to present the best possible defense. Can the state prove that you acted with the required intent? Perhaps you suffer from an involuntary condition like Tourette’s. Or perhaps you reasonably believed your conduct would not be offensive to the other party. Even if the evidence against you is overwhelming, an 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 harassment, phone harassment, telephone harassment | Leave a comment

“THEY ASKED ME TO PAY!”: THE RETAIL THEFT CIVIL DAMAGES LETTER

Posted on January 2, 2014 by admin

You’re already on edge after you were charged with shoplifting. Now you have received a letter or a phone call from a collection agent or a law firm asking you to pay money for the merchandise that you took.

Will paying the money demanded in the letter make your criminal case go away? Generally, the answer is no. In most cases, even if you pay, you have still committed a crime, and the retailer will still press charges.

If you have been charged with retail theft, do not talk about your case with third parties, especially not the police, the store or the firm demanding the civil damages. By attempting to explain your situation, you could be inadvertently admitting guilt.

If you are charged or think you may be charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine the best possible defense. Even if the evidence against you is overwhelming, an attorney, who is respected at the court house, may negotiate a better plea agreement than you can 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 retail theft, shoplifting | Leave a comment

HOW TO CHOOSE A CRIMINAL DEFENSE ATTORNEY

Posted on December 16, 2013 by admin

No matter how great they are, not all attorneys are right for all clients. So how do you choose the criminal defense attorney that will best represent you? Here are some pointers:

1) Communication: This factor would likely be at the top of any client’s list. You need an attorney who will communicate well with you. This does not necessarily mean that your calls are immediately returned every time, although an attorney should not leave clients hanging. But the attorney should answer your questions and explain your options in a way that you understand.

2) Trust: Choosing an attorney can be like choosing a doctor. You need to have confidence in their judgment. If you find yourself constantly second-guessing your attorney, then you may need to find someone else. You should not, however, assume that how you think a case should be handled would actually work in the courtroom. An experienced attorney knows how the justice system really works, which is why you need someone you trust to guide you through it.

3) Personality: While not strictly the most important factor, finding a good fit for your personality can increase your peace of mind. Perhaps you’ve never gotten in trouble before, and you are terrified. A compassionate attorney with a warm and caring manner might work better for you than the more coldly, clinical type. If you are all business yourself, you might prefer a more detached lawyer.

4) Knowledge and Experience: Has the attorney worked on this kind of case before? Does your attorney ask the right questions? Are they knowledgeable about the law and procedure? How about the players in the courthouse? An attorney’s main job is to formulate the best strategy to defend your case. A knowledge of what the prosecutor is likely to offer or how the judge is likely to react can be invaluable when making important decisions such as whether to take a case to a jury.

5) Reputation: An attorney who enjoys a good reputation at the courthouse is more effective. An attorney who is respected and/or liked may get a better deal than one who is rude and does sloppy work.

6) Location: While not essential, it can certainly help to get someone located relatively close to the courthouse. I have an office in Skokie, and so I do a lot of my work at the Skokie Courthouse. But this is not the most important factor. I do work in many other Chicago-area courthouses equally effectively. A conscientious attorney can make a good impression anywhere.

7) Price: This is the least important factor except in terms of your budget. It is possible, although difficult, to find an excellent attorney who charges the bare minimum. Many of these attorneys are only interested in pleaing out your case as soon as possible. They generally will not bother to review the evidence to see if you have a defense. Many times, I have had a difficult second offense with a client because they hired a cheap attorney to plea out a fightable first offense. Even where a plea agreement is best, attorneys who automatically plea out cases may not get you the best possible deal. A prosecutor has no incentive to give a good deal to an attorney who won’t fight for you anyway.

By the same token, the fact an attorney charges top dollar is not a guarantee of quality. You really need to evaluate each attorney based on the above factors.

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 choosing an attorney, criminal defense attorney, how to choose an attorney | Leave a comment

“BUT I DIDN’T START IT!”: THE ILLINOIS LAW ON SELF-DEFENSE

Posted on December 4, 2013 by admin

He just came at you.

To protect yourself, you pulled out a knife or maybe a gun. He turned to run away. Pumped with adrenalin, you couldn’t stop yourself from going after him. Now, he’s in the hospital, and you’re charged with an aggravated battery. Can you claim self-defense?

Under Illinois law, you may use force against an aggressor when you reasonably believe it is necessary to defend yourself or another. You may use deadly force if you reasonably believe it is necessary to prevent imminent death or great bodily harm to yourself or another, or that such force is necessary to prevent a forcible felony such as a burglary.

However, you can go too far. You may not become the aggressor. If the person who attacked you withdraws from physical contact and indicates they want to stop fighting, you can’t keep going. Once they’re lying on the ground, you can’t keep beating them. When self-defense crosses the line to retaliation, you become the aggressor. Self-defense is also not a defense when the aggression is mutual.

And despite what you may have heard in some news stories, you may not sue someone for injuries where they acted in self-defense unless their conduct was willful and wanton. Thus, the stories about the burglar suing the homeowner for shooting him are unlikely to occur in Illinois.

If you are charged with a battery or other violent crime but believe you acted in self-defense, contact an experienced criminal law attorney immediately. Do not try to justify yourself to the police or discuss your offense with third parties. What you think is a reasonable explanation may give the police the evidence needed to convict you. You may unintentionally come across as self-serving or self-pitying. Instead, an experienced attorney can present evidence of self-defense on your behalf in its best possible light.

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.

For more information see 720 ILCS 5/7-1.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Posted in aggravated battery, aggressor, assault, battery, burglary, forcible felony, self defense | Leave a comment

TAPING AN ASSAULT OR BATTERY TO BE AN AGGRAVATED OFFENSE IN ILLINOIS

Posted on November 13, 2013 by admin

As of January 1, 2014, Illinois has taken a step into modern media times by adding a video/audio component to its aggravated assault and battery laws.

The changes in Illinois law upgrades assault or battery to an aggravated offense if you knowingly video or audio the offense with the intent of disseminating the recording. The video/audio restriction applies if your offense is based on the use of a firearm, device or motor vehicle. Using a video or audio with intent to disseminate can also be grounds for the judge to impose an extended sentence, not only for assault or battery, but in committing any felony.

Generally, assault is defined as causing someone to fear they are about to suffer a battery. Battery is defined as causing bodily harm or making physical contact of an insulting or provoking nature. Assault can become aggravated based on the status of a person, the use of a firearm or motor vehicle, or whether a person is in a public place. Battery can be upgraded based on the degree of the injury, the status of the person harmed, the location of the conduct, or if a weapon is involved. While simple assault or battery is a misdemeanor, aggravated conduct is a felony.

As of January 1, 2014, Illinois has added nurses in the performance of their duties to the list of battery victims with special status. Other victims with enhanced status include children, mentally retarded or handicapped persons, pregnant women, senior citizens over age 60, teachers, State of Illinois or school district officials, police officers, firefighters, community policing volunteers, prison officials or security guards performing their duties or if you are retaliating against them because of those duties, taxi drivers while on duty, or merchants detaining you for retail theft.

If you are charged with assault, battery or a similar offense, contact a criminal law attorney immediately. Do not speak to the police or anyone else about your situation either orally or by electronic media such as texting or Facebook. Just like in the cop shows, anything you say may be used against you. A criminal law attorney can carefully review the law and the evidence against you to help devise the best strategy for your defense. Under the revised law, the State must still prove you guilty of all the elements beyond a reasonable doubt. Perhaps you did not knowingly tape the incident or intend to share it. Even if the evidence is overwhelming, an experienced attorney 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 aggravated assault, aggravated battery, assault, audiotaping, battery, texting, videotaping | Leave a comment