“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

“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

“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