“I DIDN’T KNOW!”: WHEN IGNORANCE IS A DEFENSE

Posted on October 22, 2013 by admin

As the saying goes, ignorance of the law is no excuse. Generally, that statement is true. All persons are presumed to know the law. There are rare occasions, however, when ignorance can be a defense.

In Illinois, ignorance can be a defense where it applies to the element of intent. When charged with a crime, the state must prove you guilty of all elements of the crime beyond a reasonable doubt. Certain crimes require that you acted knowingly. Ignorance can help disprove that element of the offense.

For example, ignorance can be a defense where you returned home after a fight with your domestic partner without knowing that an order of protection forbidding you from entering the residence was now in effect. Or ignorance can be a defense to retail theft where you did not know that the cashier had placed an object in your bag.

The laws have become more complicated and numerous than in olden days. Therefore, ignorance can be a defense when you are unaware of an administrative regulation that was not reasonably available to you. In rare cases, you may have relied on a statute that is later declared invalid or a court order that was later overruled. And have you ever asked an official whether certain conduct was legal, only to learn later that the official was wrong? Ignorance can be a defense when you are relying on that official’s interpretation of the law.

Even where ignorance is a defense, you may still may not get off scott free. The court can convict you of a lesser offense that did not require special mental intent, and you can still be found guilty of the law as you believed it to be.

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 defense, ignorance, intent, order of protection, retail theft | Leave a comment

NEW ILLINOIS LAW ALLOWS MORE NON-VIOLENT FELONY OFFENDERS TO SEAL CRIMINAL RECORDS

Posted on October 7, 2013 by admin

Beginning January 1, 2014, certain types of felony offenders will now be eligible to leave their criminal record in the past.

Under the new law, offenders with convictions for non-violent Class 3 and Class 4 felonies may petition to seal their criminal records four years after the successful completion of their last sentence. Previously, only Class 4 felonies involving possession of marijuana or a controlled substance, prostitution or a violation of the Methamphetamine Precursor Control Act or Steroid Control Act could be sealed.

The new guidelines do not however, permit sealing for felony convictions involving: 1) DUI, 2) reckless driving, 3) sex offenses, 4) dog fighting, 5) violating an order of protection, 6) violent crimes or 7) crimes requiring registration as a sex offender. Class A misdemeanors under the Humane Care for Animals Act are still not eligible for sealing.

To seal your record, you must file a petition with the court. The State’s Attorney, Illinois State Police and the arresting police department then have 60 days to object to your petition. In Chicago, a hearing may be set at the time you file your petition. Otherwise, your case may be set for hearing if there is an objection.

If you have questions about sealing or expunging your criminal record, contact an experienced criminal law attorney. Even with the changes in law, the rules for what can and cannot be expunged can be tricky. An attorney can help determine if you qualify and represent you in court if there is an objection to your request.

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 record, expungement, felony, felony conviction, sealing | Leave a comment

I’VE NEVER BEEN IN TROUBLE BEFORE! DOESN’T THAT MATTER?

Posted on September 16, 2013 by admin

You’ve never been in trouble before. That retail theft or marijuana bust is your first arrest of any kind. You’ve never even blown a stop sign. Doesn’t that help?

The answer is yes and no. A first offender may be eligible for a lighter sentence than a repeat offender. However, your otherwise good character doesn’t really matter when it comes to determining your guilt or innocence.

We’ve all seen the TV shows where the defendant asks a friend to vouch for his good character in order to prove he couldn’t have committed the crime. But it doesn’t work that way in real life. In the legal system, the fact you are a good person does not make it any more or less likely that you committed a particular crime than if you were a bad person. The state still has to show whether you are guilty of a particular offense.

Contrary to TV law, a defense attorney will avoid the character issue until sentencing. At trial, putting on evidence of good character opens the door for the state to put on evidence of bad character. If you say you’re a good family person who goes to church and holds a job, the state can bring up the time you were suspended in high school or that you party a lot.

Good character can be relevant once your guilt is established. While Illinois law imposes certain sentencing guidelines, penalties often become stiffer with subsequent offenses. The court may be more lenient if your offense is clearly a one-time deal. At that point, it might help to talk about all that volunteer work you do or the fact that you always shovel the walk for your elderly neighbor.

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 Uncategorized | Leave a comment

RETAIL THEFT: SECOND OFFENSE AND BEYOND

Posted on September 3, 2013 by admin

Retail theft the second time around can be a much more complicated affair than your first offense. Repeat offenses may lead to stiffer charges, violation of supervision, and a conviction that stays on your record.

For starters, a second offense involving property under $300 is upgraded from a Class A Misdemeanor to a Class 4 felony if you have a prior conviction. While the misdemeanor is punishable by up to one year in prison, the felony could net you 1 to 3 years. (Offenses over $300 are Class 3 felonies for first or greater offenses, punishable by 2 to 5 years.)

The timing and disposition of your first offense could mean big trouble for your second. Did you receive supervision for the first offense or was your case dismissed? If supervision, then your second offense could land you a conviction. While a supervision may be cleared or expunged from your record entirely, a conviction may at best be sealed. As a crime of honesty, a retail theft can make you undesirable to employers.

If you were still serving a sentence or term of supervision on your first offense, a second offense could become a violation of that sentence. Now you can be resentenced on the first offense, charged separately for the violation, and still have to deal with the new charges. If you were not yet sentenced on the first offense, you may have violated the conditions of your bond.

Even if you are charged with a repeat retail theft, all is not hopeless. Contact an experienced criminal law attorney to review your case for the best possible defense. Retail theft is a crime of intent. The state must prove that you meant to keep the merchandise permanently. Maybe you were distracted by your children or just forgot the item was in your cart. Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to work out a more favorable plea agreement than you could on your own. Do not talk about your case to third parties, particularly the police. What you think is a rational explanation may give the prosecutor the evidence he or she needs to convict you.

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.

The retail theft statute can be found at Illinois Retail Theft 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 bond violation, retail theft, shoplifting, theft, violation of supervision | Leave a comment

ILLINOIS CRACKS DOWN ON DOMESTIC VIOLENCE OFFENDERS

Posted on August 15, 2013 by admin

As of January 1, 2014, those accused of domestic violence could face more severe penalties. A change in Illinois law stiffens the charges against repeat offenders.

Domestic battery is defined as knowingly and without legal justification causing bodily harm or making physical contact of an insulting or provoking nature with a household or family member. A first offense is a Class A Misdmeanor punishable by up to one year in jail. Subsequent offenses were a Class 4 felony, punishable by 1 to 3 years.

The change in the law, however, comes into play when you have more than two prior domestic battery convictions. If you have three prior convictions, your offense is now a Class 3 felony, punishable by 2 to 5 years in jail. Four or more convictions is a Class 2 felony, punishable by 3 to 7 years. Illinois law already provided a mandatory 72 hours of jail time on a second or subsequent conviction.

If you are charged with domestic battery, contact an experienced criminal law attorney immediately. Do not communicate with others or the police about your case. Any attempt to explain yourself may come across as though you are trying to blame the victim and may give the prosecution the evidence they need to convict you. You should also make every effort to avoid direct or third-party contact with the complaining witnesss, since it may well exacerbate an already difficult situation.

An experienced criminal law attorney can review your case to determine the best possible defense. Was the physical contact truly insulting? Did you have legal justification? Perhaps you really were acting in self defense. Was the person a member of your household? Even if the evidence against you is overwhelming, an experienced attorney who is respected in the courthouse may be able to work out 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.

For more information, see Revised Domestic Battery Law and Governor Quinn Signs Law to Crack down on Domesric Violence in Illinois.

(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 Class 2 felony, Class 3 felony, class 4 felony, domestic battery, domestic violence, felony, misdemeanor, repeat offender | Leave a comment

MEDICAL MARIJUANA LEGALIZED IN ILLINOIS

Posted on August 5, 2013 by admin

On August 2, 2013, Illinois Governor Patrick Quinn signed the Compassionate Use of Medical Cannabis Act. But this does not mean that home growers or casual users can inhale easily.

The law creates a four-year pilot program which goes into effect January 1, 2014. Under the law, patients with debilitating medical conditions may obtain marijuana from one of 60 licensed dispensaries. The law specifies 35 eligible medical conditions including cancer, Parkinson’s, glaucoma, lupus, multiple sclerosis, muscular dystrophy, and AIDS.

Patients or doctors may not grow their own cannabis but may purchase up to 2.5 ounces every two weeks from a dispensary. Marijuana will be grown in licensed cultivation centers, one for each of Illinois’s 22 police districts. Centers must be at least 2,500 feet away from schools or daycare facilities and must have 24-hour surveillance and inventory controls.

Even if you quality for registrered use, you may not possess the pot in a school, school bus, day care, or correctional facility. Nor may you keep it in your car unless it is sealed and inaccessible to you while driving.

You may not smoke publicly or in a motor vehicle, school bus, school, correctional facility, day care, or knowingly near a minor. You may not operate a motor vehicle while under the influence or otherwise act negligently. The new law creates a bit of a dilemma since it is currently illegal to drive in Illinois with any traces of marijuana in your system, and if you were in an accident, it is unresolved how judges will treat you.

You may not give or sell your cannabis to others or fraudulently try to obtain a registration card or knowingly obtain more than your allotted amount.

A business, school or university may still bar the use of medical marijuana.

If you fail to comply with the law, you may be charged with any criminal penalties for unlawful possession or sale, along with fines and additional offenses.

If you are charged with violating the new law, contact an experienced criminal law attorney immediately. An experienced attorney can review your case to help devise the best possible defense. Perhaps you had marijuana in the car, but the police lacked the probable cause to stop you. Or you did not know you were too close to a minor when you were smoking.

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

For more information, see Compassionate Use of Medical Cannabis Pilot Program Act.

(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 cannabis, drug offense, Illinois new marijuana law, medical marijuana, possession of marijuana, pot, sale of marijuana | Leave a comment

CAN POLICE USE YOUR BODY AGAINST YOU?: DNA SWABS, BLOOD DRAWS AND OTHER EVIDENCE

Posted on June 30, 2013 by admin

Recent U.S. Supreme Court decisions have spotlighted when police can force you to testify against yourself—through your own body. Here is some new and not so recent law:

1) DNA Swabs: Police may take a DNA swab from inside your cheek. While still an intrusion under your Fourth Amendment rights, the intrusion is minimal–no worse than taking fingerprints. (See Marilyn v King.)

2) Blood Draws: Police cannot force a blood draw before getting a warrant unless there are exigent circumstances, that is, a danger that the evidence will disappear. A DUI does not automatically provide the emergency circumstances necessary to permit police to have your blood drawn. A court must look at whether those emergency circumstances exist on a case by case basis. (See Missouri v McNeeley and see our related blog post ”Can They Take My Blood?”.)

3) Finger Nails: Older U.S. Supreme Court law permitted police to take fingernail samples when there was probable cause and the evidence would otherwise disappear. The police were concerned with preserving the scrapings from under the nail which the defendant was trying to rub off. (See: Cupp v Murphy)

4) Surgery to Remove Evidence: Older case law has held that surgery to remove evidence was unreasonable. The State sought to surgically remove a bullet from the defendant’s chest. The Court held that the intrusion to defendant’s body outweighed the state’s need for the evidence. (See: Winston v Lee)

5) Miscellaneous: The law has long allowed police to take fingerprints, voice samples, handwriting samples, photography and measurements. (See: U.S. v Wade).

If you have been charged with a crime and believe police took evidence from you improperly, contact an experienced criminal law attorney immediately. An attorney can review your case to present the best possible defense. If the police acted improperly, an attorney may ask the court to suppress the evidence and in limited circumstances may even get the case dismissed.

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, blood draw, DNA evidence, evidence, fingerprints, handwriting samples, search and seizure, voice prints | Leave a comment

WHAT THE JUDGE HEARS: PRESENTING YOURSELF IN CRIMINAL COURT

Posted on June 10, 2013 by admin

You’ve heard the old saying: “A lawyer who represents himself has a fool for the client.”

When you are involved in a case, you cannot see yourself or your situation objectively—the way a judge would see it. By representing yourself, you risk irritating the court, and worse, being convicted and sentenced. This is a primary reason for why you need an attorney in a criminal or DUI case.

Clients often do not see how they come across to others. What they think is a reasonable explanation may sound self-pitying or self-serving to the judge or jury. You also risk providing the prosecution with enough evidence to convict you.

Let’s look at a few examples very loosely based on real life:

When you say: “I didn’t do anything. I was just driving the car while the real criminals robbed the store.” What the judge hears: “I was involved in the crime. I was at the scene. I was an accessory.”

When you say: “Of course, I hit her. She wouldn’t leave me alone.” What the judge hears: “I refuse to take responsibility for my actions.”

When you say: “I didn’t violate the no-contact order. I was just asking about her mother.” What the judge hears: “I do not respect authority.”

When you say: “I wasn’t making any money, my rent was due, so I had to take a few things.” What the judge hears: “My problems justify breaking the law.”

When you say: “Don’t send me to jail because my children need their father.” What the judge hears: “I didn’t think about my children one iota when I committed the crime, but now that you are going to sentence me….”

If you are charged with a crime, contact an experienced criminal or DUI attorney immediately. For the reasons above, do not talk to the police or third parties. Just like in the movies, anything you say can be used against you. An attorney will know how to present your case in the most favorable light and may keep you from incriminating yourself.

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.)

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THE COOK COUNTY VETERANS TREATMENT COURT HELPS VETERANS WITH DRUG, DUI OR OTHER NONVIOLENT CRIMES

Posted on May 28, 2013 by admin

As a veteran of the United States Military, you may qualify for a special program to help deal with your criminal or DUI charges.

The Cook County Veterans Treatment Court program aims to prevent veterans from returning to the criminal justice system and to improve their quality of life. The program recognizes that those who have served their country may suffer from post-traumatic stress or other traumas. (The Lake County Circuit Court operates a similar program.)

In order to participate, you must obtain court approval. Your criminal defense attorney can help you navigate through this process.

As a veteran, you are eligible for the program provided you show willingness to participate, your crime is non-violent, you have no convictions for violent crime within the last ten years, and you haven’t been through the program in the last three years.

Once accepted, you must sign a contract with the court. You must participate in any treatment recommended by the Veterans Court Treatment Team. You must avoid alcohol and other illegal substances and submit to random drug testing. You cannot possess any weapon or commit another crime. You must report to your VA case manager and probation worker and appear at all court dates. You may also have community service. If you fail to comply with these requirements, the court may impose extra penalties.

While the program may seem tough, the program it is a real alternative to any criminal sentence you might otherwise receive. In some cases, completion of the program may result in a clean slate.

For more information, see Veterans Treatment Court. For an article on Lake County’s program, see Lake County Veterans Treatment Court Begins.

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 drug charges, drug crime, drug possession, drunk driving, dui, non-violent crime, Veterans court, Veterans Treatment Program | Leave a comment

HELPING REPEAT DRUG POSSESSION OFFENDERS: THE COOK COUNTY DRUG COURT TREATMENT PROGRAM

Posted on May 13, 2013 by admin

You were sentenced to probation for possession of cocaine. One condition of your sentence was to provide urine drops for drug testing. But you dropped dirty, this time with heroin, and now you face charges of violating probation, as well as possible jail time.

What can happen to you? What can you do?

For starters, if found guilty, you can be resentenced on the original offense as well as on the violation. You should contact an experienced criminal law attorney immediately to evaluate your options. (See our related post In Trouble Again: When You Have Violated Your Probation or Supervision.) Even if your options for fighting the violation are limited, however, you may be eligible for the Cook County Drug Court Treatment Program.

Enrollment in the Program is not automatic. It requires approval of the prosecutor and the judge. Your attorney can help you obtain the approval and negotiate the terms.

The Program is intended to help nonviolent felony drug possession offenders stay clean. If eligible, you could receive two years of probation instead of a trip to jail. You can only participate in the program if you admit you have a problem and show willingness to get treatment. Your offense cannot involve violence, and you may not have any convictions for violent crime within the last 10 years.

The Program’s requirements are rigorous and take place in four phases with different requirements for each phase. You must obtain treatment, submit to frequent urinalysis testing, participate in treatment, appear frequently in court and check in regularly with your probation officer. You may have to perform community service. Once successfully completed, you can participate in a graduation ceremony and your probation will be terminated as satisfactory. If you fail to complete the program, however, you can be penalized severely.

For more information on the program, see Drug Court Treatment Program.

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 drug, drug charges, drug crime, drug offense, drug possession, drug treatment, felony drug possession. cocaine, heroin, narcotics, narcotics crimes, narcotics offenses, narcotics possession, narcotics treatment | Leave a comment