A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

            The answer is yes. 

If you take innocent images of real children–even those you did not create yourself–and convert them into something sexual, you can be charged with child pornography. However, there is an exception if you used entirely virtual children, in other words, if you did not depict an actual child.

            For example, in People v. McKown, the defendant had created a collage of actual children’s pictures cut from parenting magazines and combined them in a sexually explicit manner with images of male sex organs.  The defendant argued that his collages were not a record of actual sex acts, and that no children were harmed.  Further, criminalizing his collages violated the first amendment. The court disagreed stating that the purpose of the child pornography law was to prevent the sexual abuse and exploitation of children and that such images were harmful to the child’s reputation and emotional well being. Furthermore, the First Amendment does not protect child pornography.

            If you have been charged with child pornography or a similar offense, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense.  Was the search that uncovered your images lawful?  If not, an attorney can petition the court to suppress the results of the search?  Can the state prove all the elements of your offense beyond a reasonable doubt?  Are the images truly pornographic?  Be aware that different judges may see the same facts differently.  An attorney who is familiar with the opinions of  your particular judge may be able to more effectively present your defense.

            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 also the Illinois Supreme Court’s decision reviewing the above case in People v. McKown.   

(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.)

The short answer is no. The state’s objection may hurt your case but is not necessarily fatal.

When you file a petition for a pardon or commutation, you must send a copy of the petition to the state’s attorney for the county where your case was held.  Most counties have one or more attorneys who evaluate these petitions.  The state’s attorney will generally assess the gravity of your original offense as well as how closely your version of events matches up with police reports. The state may also consult the victim(s) or their survivors.  While these parties do not have total veto power, the state tends to listen carefully to what they have to say.

Bear in mind that different counties may view different offenses differently. Hence, the exact same facts that leads to an objection in one county may be disregarded by the state’s attorney in another.

Even if the state objects, the Prisoner Review Board, who hears your petition, makes their initial recommendation to the governor who then makes the final decision.  Therefore, it is advisable to have an attorney’s help to present your case in its most favorable light.

 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.)

            The Constitution requires that once you invoke your right to remain silent, all police questioning must stop.  But did you invoke that right?  That may depend on what you said or how you said it.

            As an attorney, I always advise clients  to tell police “I wish to invoke my right to remain silent.  I wish to speak with a lawyer.”  However, even if you did not say the magic words, your response may still be enough to end police questioning as long as what you said or did was clear and unequivocal. 

            Courts have found the following sufficient to invoke the right to remain silent:

• Answering “no, not no more'” when the defendant was asked whether after  understanding his Miranda rights, he wished to talk to police.

• The defendant told detectives at least 45 minutes into his interrogation: “I don’t wanna answer no more questions, ’cause I can’t help you. And I don’t wanna dig myself into a hole.”

• Where defendant said: “I ain’t got nothin’ else to say” at 1:41 a.m., “got nothin’ to say” at 4:03 a.m., and “don’t want to say nothing else about it” at 7:17 a.m.

• Where defendant placed his hands over his ears and chanted “nah nah nah,” and the officers interpreted the defendant’s conduct as an expression of his desire to terminate the interview.

• Where defendant told police he “had nothing to say.”

Courts have found the following did not invoke the right to silence:

• Where police asked, “so anyway have you got enough?” and defendant answered, “yes, I guess that would be it…. I think you got enough, you got the story now.” The supreme court concluded that rather than attempting to terminate the questioning altogether, the defendant merely resisted answering questions concerning particular details of an offense to which he had confessed.

• Where police asked: “Are you done talking to me? Are you done talking to all of us?”  and the defendant answered “yeah.” The court explained it was unclear from the defendant’s response whether he wished to invoke his constitutional right or whether he had nothing else to tell detectives.

If police violated your right to remain silent, your attorney may petition the court to suppress any resulting statements that you made. Bear in mind that different judges may see the facts of your case very differently. Therefore, it is important to hire an attorney familiar with your courthouse who can present your situation in its most favorable light.

            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.

Reference:  People v. Ward

(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.)

            Under Illinois law, you can be charged with drug-induced homicide if you illegally delivered a controlled substance to someone and that substance then caused their death.   See 720 ILCS 5/9-3.3.

But what if someone else was also responsible for the death? Such as a victim or another party?  What if the drugs you supplied were not the only reason the victim died.  Is that a defense?

            Unfortunately, to convict you, the state need only show that the drugs you provided were a contributing cause of the death.  For example, in People v. Nere , the defendant sold heroin to the victim who died shortly thereafter.  A medical expert determined that the victim had died from an overdose of both heroin and cocaine. Because defendant’s heroin had contributed to the death, the defendant was still convicted of drug-induced homicide.

            If you are charged with drug-induced homicide, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense.  As with most offenses, the state must prove all the elements of the crime beyond a reasonable doubt.  Can the state prove that you “delivered” the drugs or that your drugs caused the victim’s death in any way?  Did you deliver the drugs unlawfully?  What if you and the victim equally possessed the drugs?  Even if the state has the evidence needed to convict you, 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.)

When you petition for a pardon in Illinois, you may request a hearing. Once your petition is accepted, your hearing will be set for Chicago or Springfield, depending on the date you filed.  Hearings are set quarterly, and each quarter has a corresponding filing deadline.

Hearings generally begin at 9 a.m. The Illinois Prisoner Review Board may schedule ten or more petitions for the same slot. Hearings are usually conducted in the order in which petitioners check in, so it often pays for you or your attorney to arrive early.

At the hearing, you may make a statement as well as present witnesses in your favor. The state may object to your petition, and they could present witnesses against you, although this may depend on the circumstances of your past offense.

The upside of a hearing is that it enables you to personalize your petition while making a good impression on the Board. The Board then makes its recommendation to the governor who has the final say. 

If you do not make a good impression, however, you can hurt your case. Therefore, it is advisable to consult an attorney who can help present you in your best light while avoiding unwitting mistakes. People are often unaware of how they come across to others. Therefore, it often helps to have an objective party take a look at what you’re doing.

At the hearing, you may present up to four witnesses who can speak favorably about you. Speakers are encouraged to keep it brief.  As a rule, the Board responds better to specific reasons as to why you deserve a pardon, rather than blanket statements about injustice or youthful indiscretion.

If you are interested in pursuing a pardon, contact an experienced attorney immediately. An attorney can help prepare your petition and personal statement, speak on your behalf at the hearing and advise you on how to appear at your best.

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.)

            Two Illinois laws prohibit police from knowingly using deceptive tactics to coax a confession out of a minor.

720 ILCS 405/5-401.6 and 720 ILCS 5/103-2.2 state that a confession by a minor under age 18 at the time of the offense is presumed inadmissible in evidence if it is made as a result of a custodial interrogation at a police station or other detention place if the officer knowingly engaged in the deception.  These laws apply to confessions on or after January 1, 2022.

“Deception” is defined as an officer knowingly communicating false facts about the evidence or making unauthorized statements about leniency. “Custodial interrogation” means any interrogation during which a reasonable person would consider themselves to be in custody and police ask a question that is reasonably likely to elicit an incriminating response.

The police may still use the minor’s confession if the state can show by a preponderance of the evidence that the confession was otherwise voluntary.

If your child has been charged with a criminal offense, contact an experienced attorney immediately.  An attorney can review your child’s case for his or her best possible defense.  Whether a confession was voluntarily given or the result of lying by the police is highly fact specific and may be viewed differently by different judges.  An attorney who is familiar with the courthouse may be better prepared to argue why your child’s confession should not be used against him or her.

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.)

            It is very late at night.  You hear someone prowling outside your window.  You want to take some sort of action, but at what point are you allowed to use deadly force to defend your home? 

            According to Illinois law, you are not required to wait for a breakin before using justifiable force. Furthermore, defense of a dwelling does not require danger to your life or great bodily harm. You may use deadly force when the other person’s entry was made in a violent, riotous, or tumultuous manner, and you subjectively and reasonably believed that deadly force was necessary to prevent assault or personal violence to you or another in your home. (See 720 ILCS 5/7-2(a)(1)).  However, your belief in the danger must be reasonable, based on the facts and circumstances before you.

            For example in People v. Yanez, the court held that the defendant acted reasonably in defense of himself and his 14-year-old nephew when he killed the victim.  The defendant was not the aggressor.  The victim broke the window in defendant’s door and had reached inside.  The victim verbally threatened defendant.  Defendant’s nephew had been frightened.  The victim was much larger than defendant and had been intoxicated.  The victim pounded on the door on three occasions, each time more aggressive than the last.

            On the other hand, in People v. Wasmund, the court found the defendant’s defense of his shed was not reasonable. The defendant had rigged a shotgun so that it would fire when the shed door was opened, killing the victim upon entry.  When the property is not your dwelling, deadly force is only justified if you reasonably believe that such force is necessary to prevent a forcible felony.  (See Defense of Other Property,  720 ILCS 5/7-3). Although there had been prior thefts at the shed, defendant did not install an alarm system, security cameras or other non-lethal means of protecting the shed.  Furthermore, the defendant denied having anything valuable in the shed.  Thus, the booby trap was designed to harm rather than protect.

            If you are charged with a crime and were acting to defend yourself or your home, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense. Was the victim acting violently? Was your belief in the danger reasonable? Be aware that different judges may view the same facts very differently. Therefore, it is important to hire an attorney familiar with your courthouse who may present the facts of your particular case in their most favorable light.

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.)

The answer is no, but it is generally possible to get a pardon case expunged by filing a petition in the county where your criminal case occurred. The chief judge of that county, however, has full discretion over whether to grant your request.

In some counties expungements for pardoned offenses are reliably granted.  However, all judges retain the right to grant or deny a petition to expunge a past criminal offense.  For example, a judge may decide that a case was too severe to deserve a fully cleaned slate.  Instead, the judge might order that your case be sealed.  If so, your conviction would still be off-limits to virtually all non-government entities other than the police. 

Generally, expungements for relatively minor drug offenses and financial crimes are easier to get than those for more serious or violent felonies.  That said, there is still a chance that a pardon will enable you to get past your criminal record.  

If you have questions about a pardon or executive clemency, 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.)

Obtaining an answer to your petition for executive clemency could take as little as a few months, but usually it takes much longer.

The Illinois Prisoner Review Board accepts petitions for executive clemency at all times, but the wait for a decision can be lengthy.  An attorney can prepare and file your petition for clemency in a matter of weeks, particularly if there is ample evidence that you have reformed.

Once the pardon is filed, several more things need to happen.  The pardon board will schedule a hearing, if one is requested.  As a general rule, you should agree to appear at a hearing, so that you may present your case in its most favorable light. This is not essential, but it is very helpful.

Next, the members of your panel will need to agree that you have a meritorious case.  If they do vote yes, that recommendation is sent to the governor. 

Once the governor and his staff have received the pardon, it will be added to a list of pending pardons and reviewed. Even if the governor reaches a decision in a relatively short time, it is unlikely that a decision on your pardon would be issued until at least a year has passed from the time of filing.  The governor has no deadline for replying, and no reason for a refusal is given.

If the pardon is granted, you may need to petition to expunge your criminal record in the courthouse where your case took place.  If the pardon is denied, you must wait one year from the date of denial to try again.

If you have questions about obtaining a pardon or executive clemency, 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.)

The answer is no.  Even so, you may want to consider hiring one.

In order to file an Illinois pardon, certain critical documents are needed.  You can probably get most of these with minimal difficulty.  The harder part is writing your personal statement and explaining why you believe you need the pardon and, more importantly, why you deserve it.

A troubling issue for people seeking pardons is that it can be challenging to figure out what parts of your life story are more and less important.  The prison review board carefully looks over each request for pardon that comes to their office, and it can be tough to decide what is important and what can be left out.

There is also a real need to accept responsibility for your conviction.  In truth, pardons based on claims of actual innocence almost never happen unless a court has first cleared a defendant of the original conviction. And even then, a pardon is not automatic.

 If you have questions about obtaining a pardon or executive clemency, 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.)