JUST A LITTLE COCAINE: THE CRIME OF DRUG DEALING IN ILLINOIS

Posted on May 6, 2013 by admin

The police pulled you over for blowing a stop sign. Unfortunately, they saw some plastic baggies containing powder lying on the floor of your car. Now you are charged with possessing with intent to deliver a controlled substance. What can happen to you? What can you do?

Illinois law bars you from knowingly manufacturing, delivering or possessing with intent to deliver a controlled substance. The severity of the charges and the punishment depend on the type of drug and the amount. (720 ILCS 570/401). These penalties are also a step up from a charge of simple possession.

If you possess with intent to deliver less than 15 grams of heroin, fentanyl, or cocaine, 10-15 grams of morphine or 5-15 grams of LSD, you can be charged with a Class 1 felony, punishable by 4 to15 years in jail and fined up to $250,000. More than 15 grams of these substances or more than 200 grams of barbiturates, amphetamine or peyote is a Class X felony. Your sentence can increase according to the amount you possess. Up to 100 grams is punishable by 6 to 30 years in prison while more than 900 grams is punishable by 30 to 60 years. In addition, if you possess with intent to deliver more than 100 grams, you may be fined up to $500,000 or the full street value of the drugs.

Illinois law also classifies different drugs on “Schedules.” These schedules contain long list of pharmaceutical names and can be tricky. Where your drug fits on which schedule can determine whether you have a Class 2 or Class 3 Felony and the maximum amount you may be fined. For example, Schedule I-type opiates are a Class 2 felony punishable by 3 to 7 years and up to a $200,000 fine. A Schedule V drug can be a Class 3 felony, punishable by 2 to 5 years and up to $75,000.

The penalties against you can also be increased if you deal to the wrong person such as a minor or pregnant woman or you deal in the wrong place such as a school or rest area. For more information on factors that can affect your sentence, see our related post at From Bad To Worse: Aggravating Factors for Drug Dealing Crimes in Illinois.

If you are charged with a drug crime, contact an experienced criminal law attorney immediately. Do not discuss your case with anyone, especially not the police. Trying to explain the presence of the drugs might only dig you in deeper.

An attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Was the search that uncovered the drugs legal? If not, an attorney may have grounds to challenge your arrest and hopefully get the evidence against you suppressed.

Did you knowingly intend to deliver the drugs? As with most crimes, the state has the burden of proving you guilty beyond a reasonable doubt. You may have divided the drugs into separate parcels, but can the state prove you were preparing to sell? An attorney can look for holes in state’s evidence in the hopes of winning an acquittal.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may help negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another 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 delivering drugs, drug, drug dealing, drug offense, drug possession, manufacturing drugs, narcotics offenses, possession with intent to deliver | Leave a comment

NEW HOPE FOR ILLINOIS FIRST-TIME FELONY DEFENDANTS: THE OFFENDER INITIATIVE PROGRAM

Posted on April 22, 2013 by admin

You’ve never been in trouble before. It’s bad enough you were arrested, but even worse, your first offense is a felony. Maybe it was for shoplifting or taking drugs, something that you swear you would never do again. Fortunately, Illinois has a new program that may help you put those criminal charges behind you.

As of January 1, 2013, the Offender Initiative Program allows certain types of first-time felony defendants to avoid a conviction on certain conditions. The Program only applies to first-time offenders for non-violent crimes such as retail theft, motor vehicle theft, burglary or drug possession. Your offense must be eligible for probation, and you may need an attorney to help you get into the Program.

The Program does not apply to any type of violent crime such as domestic battery, stalking, sex crimes, hate crimes, possessing a weapon or even DUI. If you have a prior felony probation or a conviction, you cannot participate.

If you are eligible for the Program, the proceedings against you will be put on hold for at least a year while you participate in the program. You will be ordered not to violate any other criminal laws (including traffic offenses), take drugs or possess a weapon. You may have to pay back anything you took or damaged. You may be ordered to hold a job, perform community service, take classes, get counseling or undergo drug testing.

If you stay on track, the charges against you could be dismissed. You will still need to petition for an expungement to get your criminal record completely erased. If you fail the program, you will again face the original felony charges.

If you are charged with a felony or other crime, contact an experienced criminal law attorney immediately. An experienced attorney can review your case to determine the best possible strategy for handling your case. While the Program may be ideal in many situations, it may not always be your best option. Maybe the evidence against you is weak, and you would be better off winning a dismissal. Even if the program is right for you, an attorney can help insure that you are allowed to participate.

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: 730 Illinois Compiled Statutes 5/5-6-3.3.

(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 Chicago felony, Class 1 Felony, drug crimes, felony, first offender, first time felony, narcotic offenses, retail theft, shoplifting | Leave a comment

IS A CONFESSION ENOUGH TO CONVICT YOU OF A CRIME IN ILLINOIS?

Posted on April 8, 2013 by admin

They said if you signed the paper, they’d give you a better deal or even let you go.

After being arrested, you were brought to the police station. Maybe you were tired or or just not thinking straight. So you signed the paper confessing to the crime, thinking you’d made a deal. You would be charged with a misdemeanor instead of a felony. Or maybe not charged at all in exchange for testimony. But that’s not how things turned out.

Can you now be convicted because of your confession? What can you do?

In Illinois, the prosecutor must prove most crimes beyond a reasonable doubt. This means proving each element of the crime, and that you did it. So when you confessed, did you hand the prosecutor all the proof they needed?

Not necessarily. A confession without any corroborating evidence is not enough to convict you of a crime. The prosecutor must provide other evidence that connects you with the crime, but this evidence need not independently prove the crime beyond a reasonable doubt. The evidence need only show that, when taken along with your confession, it is likely you committed the crime. Whether the independent evidence is enough to corroborate your confession may be a question for the judge or jury.

If you have confessed, contact an experienced criminal law attorney immediately. Do not discuss your case with third parties, or you could inadvertently provide the corroboration that the prosecutor needs. An attorney can review your case to help you present the possible defense. Did the police have the probable cause required to take you into custody? Did they follow the correct procedures? Is there any evidence to back up your confession? In certain cases, an attorney may petition the court to get your confession thrown out.

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.

For a caselaw discussion on the rule requiring corroboration, see People v Jason Lara.

(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, confession, corroborating evidence, criminal arrest, evidence | Leave a comment

DO I NEED AN ATTORNEY FOR A PARDON IN ILLINOIS?

Posted on March 18, 2013 by admin

It’s been many years since you completed your sentence on that felony conviction. You have really turned your life around. You are working a good job, have a good family and are contributing to society. Still, you would like to move past that mistake from your younger days.

Do you need an attorney to file for a pardon in Illinois? The truth is that while you can do it yourself, an attorney can greatly improve the odds of getting a favorable result.

To ask for a pardon, also known as executive clemency, you need to file a petition with the State of Illinois Prisoner Review Board. (Illinois Executive Clemency.) Petition deadlines occur four times yearly and track with the four hearing dates, which alternate between Springfield and Chicago.

The Petition requires you to fill out a form, which seems straightforward enough. You also need to supply information about your criminal history, as well as provide a personal story with supporting documentation. You could do all this yourself.

So why use an attorney? First, many people are not aware of how they come across to others. What you think of as self-deprecating humor may sound arrogant or snarky. What you think of as a reasonable justification might sound self-serving or whiny. What you think of as literate might come across as robotic and impersonal. The Board is never compelled to grant a pardon if they do not wish to do so, and there is no room for error.

Second, the Board wants to see a personal narrative. Many people do not know where to begin. An attorney can help find the thread of your life history and turn it into a compelling story.

Third, an attorney can make sure that the components of your petition are filed correctly, thus helping to prevent delays. If there is a mistake in the Petition, the Board may return it and you could lose your initial hearing date.

While you do not need to appear at hearing, it can help for the Board to see the person behind the story. Therefore, an attorney can help present you at your best on the hearing date. An attorney knows how to ask relevant questions to get your story across without the Board feeling like you are wasting their time. Petitioners generally have a limited time to make their pitch, and every moment counts.

Although an attorney cannot guarantee results, they can increase the chances of giving you a clean slate. If you have questions about pardons 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, executive clemency, expungement, Illinois Prisoner Review Board, pardon, pardon criminal record, seal criminal record, sealing | Leave a comment

EXPUNGING CHICAGO CASES JUST GOT FASTER!

Posted on March 4, 2013 by admin

Good news for those trying to expunge or seal their criminal record: Clearing your Chicago case just got faster!

As in the past, you must first file any Chicago petition with the Cook County Circuit Court. The State and Chicago police still have 60 days to object to your petition. In the past, once the 60 days were over, your petition could remain in limbo for months waiting for a judge to grant your request.

But now, thanks to Judge Paul P. Biebel, Jr., the waiting time is shorter and more finite. The clerk now sets a hearing date about 60 days after your petition is filed. Unlike before, you are required to appear in court. However, you gain more certainty about when a court order clearing your record may be signed.

The State or Chicago police can object to your Petition. In that case, be ready to defend yourself on your hearing date. However, the new process will still make things faster. In the past, you would have to wait for the hearing to be set after objection is made.

For more information on expungement or sealing, see our related post: “I Can’t Get a Job!”: Clearing Your Criminal Record-Pardons & Expungements.

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, sealing | Leave a comment

THE NEW COOK COUNTY CIRCUIT COURT CELL PHONE BAN

Posted on February 18, 2013 by admin

Cook County Circuit Court has a new security rule at the courthouse.

As of April 15, 2013, visitors to any Cook County Courthouse other than the Richard J. Daley Center can no longer bring in cell phones or electronic communications devices. The ban prohibits cell phones, laptop computers, smart phones or any other device capable of connecting to the internet. Anyone found in violation of this rule can be held in contempt of court. For more information, see our related website page at Court Appearances and see the Cook County Circuit Court website at: Electronic Communication and Internet Devices Banned from All Circuit Court of Cook County Courthouses Except Daley Center.

There are exceptions. Attorneys, judges, persons with disabilities, news media, vendors, repair people and law enforcement are among those allowed to bring in such devices provided they can show proper identification. You may also bring in your phone if you are involved in a domestic violence situation.

The new rule goes into effect April 15, 2013. Judge Timothy Evans explained that the ban was in response to judges’ concerns that cell phones were used to improperly photograph witnesses, jurors and judges. Panic in the Court!. Cell phones were also used to transmit judge’s comments or witness testimony to those outside the courtroom. Potential witnesses are often excluded from the courtroom while others are testifying in order to prevent influencing their testimony.

DuPage County already bans cell phones or communication devices in the courthouse. Lake County allows you to bring in your phone but not to use it in the courtroom.

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 cell phone ban, cook county courthouse, courthouse security | Leave a comment

THE CRIME OF DISORDERLY CONDUCT IN ILLINOIS

Posted on February 11, 2013 by admin

(UPDATED January 4, 2024: See our more recent related posts:  Can I be Convicted of Disorderly Conduct for Asking a Question?, What is the Difference Between Felony and Misdemeanor Disorderly Conduct? and Disorderly Conduct: Calling in a False Alarm).

When most people think of disorderly conduct, they think of some drunk flailing about, swearing on the sidewalk. Disorderly conduct is the kind of catch-all crime that enables the police to arrest you if they can’t exactly pin you down on some other charge.

But disorderly conduct can also mean peeping in windows, phoning in a false bomb threat or police report and can range in severity from a slap on the wrist to several years in prison.

The most common type of disorderly conduct is alarming or disturbing another or provoking a breach of the peace. (See: 720 Illinois Compiled Statutes 5/26-1.) A recent example is a November, 2012 brawl between several high school students in a Skokie park. (See: Chicago Tribune: 29 Students Involved in Skokie Brawl. Disorderly conduct may also include screaming or swearing loudly in public or throwing things in a store. This type of disorderly conduct is a Class C Misdemeanor, punishable by up to 30 days in jail and a $1,500 fine. If you are peeping into windows for an unlawful or lewd purpose, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine.

Disorderly conduct becomes a felony when you make threats or false reports. If you call in a false fire alarm, request for ambulance, crime report, 911 alert or false child abuse claim, you can be charged with a Class 4 Felony, punishable by 1 to 3 years in prison. Threats of violence against school or school personnel is also a Class 4 Felony. A false bomb threat escalates to a Class 3 Felony, punishable by 2 to 5 years.

Besides potential jail and fines, the court must order at least 30 hours of community service. If your offense involved a bomb threat, you can be ordered to pay back the costs of any emergency response.

If you are charged with disorderly conduct, contact an experienced criminal law attorney immediately. As with most other crimes, the state must prove you guilty of the offense beyond a reasonable doubt. The disorderly conduct law requires that you acted knowingly. Maybe you really believed someone was in trouble when you phoned in that 911 report or looked through their window.

Even if the evidence is overwhelmingly against you, an experienced attorney who is respected at 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 brawling, disorderly conduct, drunk and disorderly, false bomb threat, false child abuse claim, false fire alarm, false police report, peeping through window, shouting obscenities, throwing objects | Leave a comment

THE LAW OF RETAIL THEFT, THEFT, ROBBERY AND BURGLARY IN ILLINOIS

Posted on January 28, 2013 by admin

In bad economic times, people can get a little desperate and take something that doesn’t belong to them. Where, how and how much you steal can determine the type of criminal charges brought against you and your possible punishment.

What are the differences between retail theft, theft, robbery and burglary? What can you do?

Retail theft or shoplifting usually means taking something from a store. (720 ILCS 5/16-25.) If you took less than $300, you can be charged with a Class A misdemeanor punishable by up to one year in jail, but taking more than $300 is a Class 3 felony, punishable by 2 to 5 years in prison. For more information on the different types of retail theft, see our related post From Shoplifting to Removing Price Tags.

Theft is obtaining control over someone else’s property or accepting stolen property or deceiving someone out of their property. Theft can be taking money out of your employer’s cash drawer or selling nonexistent magazine subscriptions. (720 ILCS 5/16-1.) Depending on how much you take and whether it’s from a person, you can be charged from a Class A misdemeanor, on up to a Class X Felony, punishable by a minimum 6 years in prison.

Robbery is when you knowingly take something from a person by the use or threat of force. (720 ILCS 5/18-1.) Robbery is a Class 2 felony, punishable by 3 to 7 years in jail. If you rob someone who is over the age of 60, handicapped or is at a school or church or you threaten someone with a dangerous weapon, you may be charged with Aggravated Robbery, a Class 1 felony, punishable by 4 to 15 years. As of January 1, 2013, Illinois law now defines drugging someone in order to rob them as Aggravated Robbery.

Burglary 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. If the building was a day care, school or church, your charges can be upgraded to Aggravated Burglary, a Class 1 felony.

If people live in the dwelling or you present to be a government official or utility worker, you can be charged with Residential Burglary, a Class 1 felony. (720 ILCS 5/19-3.) However, under a recent Illinois Appeals Court decision, a home is not considered a dwelling if the owners have moved away and do not intend to return, in which case you may only be charged with regular burglary. (People v Brett Roberts.)

So what if you are charged with some type of stealing, are you guaranteed that prison stay? Not necessarily. If you are charged with a crime, you should contact an experienced criminal law attorney immediately. An attorney can evaluate the circumstances of your case to present the best possible defense. As with most crimes, the state must prove all the elements of the crime beyond a reasonable doubt. Did you take the item without permission? Were you authorized to be at the home or the building? Did the police have the probable cause to arrest you in the first place? In some cases, an attorney can bring a motion to have evidence against you dismissed. Even if the police handled your case by the book and the evidence against you is overwhelming, an attorney who is respected at the court house 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 burglary, aggravated robbery, burglary, residential burglary, retail theft, robbery, stealing, theft, theft by deception | Leave a comment

LOOK-ALIKE DRUGS: A FELONY IN ILLINOIS

Posted on January 6, 2013 by admin

The drug you sold looked like crack, but it wasn’t. Nonetheless, after you sold it to the undercover cop, you were charged with a Class 3 Felony.

What is a look-alike drug? What can happen to you? What can you do?

In Illinois, any person who knowingly makes, advertises or distributes a look-alike drug can be charged with a Class 3 Felony, punishable by up to a $150,000 fine and 2 to5 years in prison. (720 Illinois Compiled Statutes 570/404.) Simply possessing the look-alike substance is a petty offense, not subject to jail time. However, if you possessed with intent to distribute, you are back to a Class 3 Felony. There are also stiffer penalties for subsequent charges of possession.

A look-alike drug can be any substance that would lead a reasonable person to believe that the look-alike is the real thing, such as its color, consistency, dosage amount, shape or markings. Or a drug can be considered a look-alike if you imply or expressly represent that the look-alike is real. For example, a court can consider any statements you made in advertising or distributing the drug, whether you asked for money and how you packaged the look alike.

If you are charged with a look-alike drug offense, contact an experienced criminal law attorney immediately. Do not discuss your case with the police or third parties. An experienced attorney can evaluate your case for the best possible defense.

As with most crimes, the state must prove the elements of the offense beyond a reasonable doubt. Did you knowingly make or sell the look-alike? If you possessed the drug, did you intend to sell it? Were the drugs discovered after a police search? If so, did the police have the probable cause needed to stop or search you in the first place? If not, perhaps an attorney can petition the court to have the evidence or even the arrest suppressed.

Even if the police did everything by the book and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related 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 crimes, drug dealing, drug offenses, drugs, look-alike drugs, narcotic offenses, narcotics | Leave a comment

“I DIDN’T REALLY DO ANYTHING”: HOW YOU CAN BE CONVICTED UNDER ILLINOIS ACCOUNTABILITY LAW

Posted on December 17, 2012 by admin

You were at a party and a fight broke out. You got involved and even threw a punch or two. But you hardly touched the victim, and it was someone else who landed the victim in the hospital. Now you are charged with aggravated battery.

Can you face the same charges as the guy who did the real damage?

Yes. Under Illinois accountability law, you can still be convicted even if you weren’t the one who really hurt the victim. If you engaged “in a common criminal design,” you can be responsible for anything that happens in carrying out that design. (See People v Boguslaw Czapla, 2012 IL App (2d) 110082.)

To convict you, the State must prove beyond a reasonable doubt that: 1) you solicited, aided, abetted, agreed or tried to help someone commit a crime 2) either before or during the crime and 3) that you intended to do so. This is how a defendant who solicits a murder can be convicted of that murder even if he or she wasn’t near the crime scene.

If you are charged with a crime, contact a criminal law attorney immediately. An experienced attorney can review your case for the best possible defense. Did you intend to help commit a crime? Can the state prove you were involved? Even if the evidence is overwhelming, an attorney who is respected in the courthouse can often 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 abetting, accountability, aggravated battery, aiding, conspiracy | Leave a comment