BIG TROUBLE: THE CRIME OF ARSON IN ILLINOIS

Posted on November 19, 2012 by admin

It seemed like a good idea at the time. You spread some gasoline inside a house or maybe it was an abandoned building or a car. In any case, the fire department figured out pretty quickly that the fire was intentional, and the police came knocking at your door.

What can happen to you? What can you do?

Arson is among the most serious crimes that you can commit in Illinois. Setting fire to someone’s property, be it a building, a car or some other personal property, without the owner’s consent is a Class 2 felony, punishable by 3 to 7 years in jail. If you torch someone else’s residence or a church, the charge is bumped up to a Class 1 felony, punishable by 4 to 15 years.

Arson can be particularly complicated if other crimes are caused by the original act. For example, if someone was injured as a result of the fire, you could be charged with attempted murder.

Arson includes damages caused by fire or explosives. Even if you own the property you burned, it is still arson if you intended to defraud an insurance company or if you lacked authority to damage the property.

If you are charged with arson, contact an experienced criminal law attorney immediately. You should not talk about your case with anyone, and you should refuse to answer questions from police. An attorney can review your case to determine the best possible strategy for your defense.

As in most crimes, the state must prove you guilty beyond a reasonable doubt. Can they prove it was you who set the fire? The law requires that you acted knowingly. Was the fire an accident? Did you have a right to set it?

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: 720 Illinois Compiled Statutes 5/20.

(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 arson, Class 1 Felony, Class 2 felony, fire | Leave a comment

WHEN DO I GET MY MIRANDA RIGHTS? POLICE CUSTODY DEFINED

Posted on October 29, 2012 by admin

You’ve seen the police shows. After cornering the suspect, the cop begins to read the Miranda rights: “You have the right to remain silent…. You have the right to an attorney….”

But when is the officer required to read you your rights? Before asking your name? When you are stopped for a traffic ticket? When you are handcuffed and put in a squad car?

The Miranda Supreme Court case requires that these warnings be given when an individual is in custody and before questioning begins. In other words, if a reasonable person in your circumstances would believe that they are not free to go, then the police must read the rights before further questioning. So, how do you know if you are free to go?

Unfortunately, there are no hard and fast rules, but there are guidelines. Whether the police have you in custody can depend on the facts of your case. Illinois statute defines custodial interrogations as “any interrogation during which (i) a reasonable person in the subject’s position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.” 725 ILCS 5/103-2.1(f).

The Illinois Supreme Court further defined whether a person would feel free to go:

“1) the location, time, length, mood and mode of the questioning; 2) the number of police officers present during interrogation; 3) the presence or absence of family and friends of the individual; 4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraining, booking or fingerprinting; 5) the manner by which the individual arrived at the place of questioning and 6) the age, intelligence and mental makeup of the accused.”

(People v Harris citing People v Slater).

If you are stopped by the police and unsure if you want to answer questions, ask “Am I free to go?” If the answer is no, then it’s time for the officer to read your rights. Once you are in custody, be sure to say: “I want to remain silent. I want an attorney.” Otherwise, the questioning can continue. See our related post: Your Right To Remain Silent Under New Supreme Court Law.

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 miranda rights; search and seizure; police search; policy custody; police stop | Leave a comment

“THE OFFICER JUST SAW IT!”: PLAIN VIEW EXCEPTION TO POLICE SEARCHING WITHOUT A WARRANT

Posted on October 8, 2012 by admin

You failed to use your turn signal so the police officer pulled you over. After making the stop, the officer noticed some spoons and straws sticking out of your visor. The officer opened the visor. As it turns out, you stashed a little cocaine up there too. Now you are under arrest.

Can you fight the results of the search?

In Illinois, the police generally need a warrant to search you, your home or your car unless they spot evidence in plain view. The police must be somewhere they have a right to go. They cannot barge into your bedroom and look around. But if they stop you for speeding and notice a bag of pot on the front seat of your car, the police may have grounds to search.

While courts usually find a reason to uphold a search, not everything a cop does is permitted. In a recent Illinois appeals case, the officer stopped a defendant for throwing a can out his car window. When the officer ordered the defendant out of the car, she noticed a knotted plastic baggie sticking out of his pocket. The baggie turned out to contain drugs. Nevertheless, the appeals court held that spotting the baggie did not justify the search.

The court noted that objects such as spoons, straws, mirrors and baggies are often used in drug dealing. Allowing police to search based on the presence of one of these items would lead to the type of random searching forbidden by the Constitution. The police have a basis to search only if the incriminating nature of the baggie or spoon is immediately apparent, for example, some of the powder is visible in the baggie.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. If the officer’s search is questionable, an attorney may be able to bring a motion before the judge to have the results of the search thrown out.

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: People v Cesar Garcia.

(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 offenses, marijuana, narcotic offenses, plain view exception, police car search, police search, possession of cocaine, possession of marijuana, probable cause, search without a warrant | Leave a comment

MY GIRLFRIEND LET THEM IN! WHEN A VISITOR LETS POLICE SEARCH YOUR HOME

Posted on October 1, 2012 by admin

You had some errands to run so you left your house. Your girlfriend often stays with you. She even has a key. Or maybe it was a visiting relative or a housekeeper or someone who watches your child. In any case, the police knocked on your door, and that person agreed to a search. The police found the drugs, and now you are charged with possession/dealing.

Can you get evidence from the search thrown out? After all, the person who consented doesn’t live in your home.

The answer depends on the particular facts of your situation. Illinois law considers how much authority the non-resident had over your home. Is the person more like a neighbor with a key or more like someone who spends a lot of nights? If it’s your girlfriend who has the run of your house, then the search is valid. If it’s a neighbor with a key or a house cleaner, the court would be less likely to uphold their consent. The neighbor or the house cleaner are generally only authorized to invade your privacy to perform their particular purpose. For example, a housekeeper does not have a general right to invade your privacy except as necessary to clean your house. A neighbor with a key is not an invitation to search your drawers.

Illinois courts suppressed a search where a former roommate no longer lived with Defendant even though she sometimes stayed overnight. However, the Court recently upheld the consent of a niece who babysat the defendant’s child and had authority to go into the closet where the cocaine was found.

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to see if the search can be overturned and the evidence suppressed. Even if the search is valid, there may be other avenues for your defense. Perhaps the police lacked probable cause to search in the first place. Even if the evidence against you is overwhelming, an attorney respected in your courthouse may obtain 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 arrest, arrest warrant, consent to search, drug crimes, drug dealing, narcotics, search, warrantless search | Leave a comment

THE CRIME OF COMPUTER FRAUD IN ILLINOIS

Posted on September 24, 2012 by admin

You’ve always had a knack for technology. So when you needed a little cash, it was just too tempting to hack into the company computer and help yourself. You figured you’d never get caught, but now the police have charged you with computer fraud.

In Illinois, you commit computer fraud when you knowingly access a computer intending to defraud someone or take their money. This could be as simple as emailing a scam. Computer fraud can also be committed through destroying someone’s computer or altering or deleting their programs while intending to deceive or defraud someone.

If you accessed the computer as part of a scheme to defraud, you can be charged with a Class 4 felony, punishable by 1 to 3 years in jail. If you destroyed or deleted programs, you can face a Class 3 felony, punishable by 2 to 5 years in jail. Stealing money via computer is a Class 4 felony if you take less than $1,000, a Class 3 felony if you take $1,000 to $50,000 and a Class 2, punishable by 3 to 7 years, if you take more. The State may also seize your property. There is also a substantial risk of federal charges if interstate fraud is alleged.

If you are charged with computer fraud, contact an experienced criminal law attorney immediately. Do not discuss your case with anyone in person or in cyberspace. Anything you post can be used as evidence against you.

An experienced criminal law attorney can evaluate your case in order to present the best possible defense. The computer fraud statute requires that the crime be committed knowingly and with intent to defraud. As with other crimes, the state must prove all the elements of the crime beyond a reasonable doubt. Perhaps you lacked the necessary intent to commit the crime. This is a relatively new area of law, and prosecutors may be reluctant to bring a case to trial when confronted with an aggressive defense.

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: 720 ILCS 5/17-50. See: Computer Fraud Statute.

(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 computer fraud, Cybercrime, internet crime, internet fraud | Leave a comment

NEW ILLINOIS LAW CRACKS DOWN ON SPEEDERS ONCE AGAIN

Posted on August 20, 2012 by admin

A new Illinois law has cracked down on speeders even more.

Speeding first became criminalized as a misdemeanor in 2011. Driving more than 31 miles over the limit was upgraded to a Class B Misdemeanor, while speeding 40 and over became a Class A. While a Class B misdemeanor is punishable by up to six months in jail, a Class A is punishable by up to one year. Both carry maximum fines of $2,500.

In a bid to crack down on lead-footed drivers further, the new law bars you from receiving supervision if you speed over 25 miles in an urban district and more than 30 miles over on a highway. Supervision is essentially a warning to stay out of trouble and is not considered a conviction for criminal law or insurance purposes. Now, if you plead or are found guilty of speeding over 25 miles in an urban area, the judge must convict you.

If you are charged with a speeding or other traffic or criminal offense, you should contact an experienced attorney immediately. An attorney can review the facts of your case to see if you have a defense. Even if you do not, an attorney who enjoys a good reputation in the court house may be able to obtain a better plea arrangement 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 class a misdemeanor, class B misdemeanor, speeding | Leave a comment

HOW LITTLE PROBLEMS BECOME BIG PROBLEMS: WHEN A PETTY OFFENSE TURNS INTO A MISDEMEANOR OR FELONY

Posted on August 13, 2012 by admin

A man was walking down the middle of a road instead of the sidewalk or shoulder. In Illinois, you must use a sidewalk where provided or at least walk on the shoulder. The man was arrested for a petty offense, comparable to a minor traffic violation. Back at the police station, the man was searched, and the police found cocaine in his sock.

The Illinois Supreme Court recently upheld the arrest and search of the man in this case, even though the arrest was for a mere petty offense, punishable only by a fine. The Court denied Defendant’s motion to suppress the results of the search, that is the cocaine, and the man went to jail on felony charges for 3 years. People v Fitzpatrick.

More commonly, you could be stopped for blowing a stop sign or failing to signal. In one Illinois Supreme Court case, a driver was stopped because she did not have a rear registration light. The officer brought a drug-sniffing dog to the scene, and drugs were found. Under a 2001 U.S. Supreme Court decision, police are allowed to change the nature of a traffic stop as long as it does not unduly delay the length of the traffic stop. In other words, police can stop you for going through a red light and then question you about drugs or weapons as long as the stop doesn’t last too long.

In the Illinois case, the Court held that the 15 minutes it took to get the drug sniffing dog did not unreasonably prolong the traffic stop. That means in 15 minutes, your blown-out tail light could turn into serious felony charges if officers find the wrong kind of drugs.

After being charged with a DUI or other crime, many clients believe they will be extra careful and will avoid trouble. But the above cases show how easy it is to get trapped by law enforcement on a minor offense that leads to big trouble for you. Besides being charged with the new crime, you can also be violated on your existing offense, giving you a triple whammy.

If the new offense aggravates any of your old offenses, your misdemeanor could turn into a felony with more severe jail time.

If you are charged with a criminal, traffic or DUI offense, contact an experienced criminal law attorney immediately. An experienced attorney can evaluate the facts of your situation to look for weaknesses in the state’s case and help you present the best defense possible. The state must still prove you guilty beyond a reasonable doubt. Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a better plea agreement than you could on your own.

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

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

Posted in felony, misdemeanor, petty offense, search and seizure, search of car, traffic stop | Leave a comment

THEY’RE WATCHING!: HOW STORES COMBAT RETAIL THEFT

Posted on August 6, 2012 by admin

Retail theft can cost U.S. retailers about $10 billion a year. Because of that, stores use a variety of methods to stop you from swiping their merchandise.

Stores such as Whole Foods may use plain clothes security. You don’t realize that shopper down the aisle is really keeping an eye on your behavior. Are you watching the cashier more than you are shopping? Do you seem nervous? Are you wearing unusually warm or bulky clothes on a hot day?

Other stores, such as Macy’s, use security cameras. These cameras are not stationery. Store personnel zoom in on you if you seem suspicious, and they can pick up a surprising amount of detail.

Stores also rely on security tags to set off alarms if you leave the premises, two-way mirrors to prevent theft in the dressing room, and security alert codes to let store personnel know of a suspicious shopper.

No matter how you are caught, an arrest for retail theft can be embarrassing and scary. Illinois law takes retail theft very seriously. Stealing more than $300 in merchandise bumps you up to a Class 3 felony, punishable by two to five years in jail. Less than $300 is still a Class A Misdemeanor, punishable by up to one year for a first offense, and a Class 4 Felony, punishable by 1 to 3 years for subsequent offenses. You can also get sued in civil court for the cost of the merchandise plus attorney fees.

If you are arrested for retail theft, call an experienced criminal law attorney immediately. Do not attempt to explain yourself to store security or police. What you think sounds like a reasonable explanation may become a confession to the crime. Do not discuss your case with third parties, or they could be called in as witnesses against you.

An experienced criminal law attorney will review your case to determine the best strategy for your defense. Even if the evidence is overwhelming, an attorney who is respected at the courthouse may be able to get you 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.)

Source: http://retail.about.com.

Posted in Class 3 felony, class 4 felony, class a misdemeanor, retail theft, shoplifting | Leave a comment

NEW ILLINOIS LAW MAKES RECORDING DRUG CRIMES EASIER

Posted on July 30, 2012 by admin

Generally speaking, before undercover police can record their dealings with you, they must persuade a judge to issue a warrant. But a new Illinois law just made that process a little faster and easier. For certain crimes, police need only get an OK from the prosecutor.

Effective January 1, 2013, the new law only applies to the recording of drug crimes or felonies using force committed during a drug crime.

From the viewpoint of criminal defense attorneys, this change could make it much harder to protect the rights of clients. A judge is traditionally required to sign a warrant in order to ensure that an objective party has reviewed the facts and finds sufficient reason to intrude on your privacy. The new law removes that safeguard in favor of a prosecutor who values being tough on crime above all other interests.

On the other hand, recordings can at times help the defense. In numerous DUI cases, for example, the police videos of field sobriety tests may show a client speaking clearly and performing better than the officer reported. Extensive recordings may tend to raise doubts about the guilt of a client.

If you are charged with a drug crime, contact an experienced criminal defense attorney immediately. An attorney can review your case to see whether police violated your rights and to formulate the best strategy for your defense.

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 dealers, drug crimes, drug dealing, drug offense, narcotics, warrantless search, wiretapping | Leave a comment

“I STAYED TOO LONG!:” CRIMINAL TRESPASS TO PROPERTY IN ILLINOIS

Posted on July 10, 2012 by admin

You went to a meeting or a party. Things got a little out of hand, and you were asked to leave. Since you weren’t the one making trouble, you refused to go. Next thing you know, you were arrested for criminal trespass to property.

Criminal trespass to property is a Class B misdemeanor in Illinois, punishable by up to 6 months in jail and a $2,500 fine. You commit criminal trespass if a) you illegally enter a building, such as by sneaking into an empty house, b) you go onto someone’s land after the owner warned you to stay away, such as with a no trespassing sign, or c) you stay on someone’s property after you were asked to leave.

If your trespass takes place inside a car, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. Farmers also have additional protection. Trespassing on fields with crops or potential crops, livestock areas, orchards or barns is also a Class A misdemeanor.

A recent well-publicized Skokie case (People v Gregory Koger) involved the Ethical Humanist Society Center. The defendant was asked to stop videotaping inside the Center. He continued taping and was asked to leave. Witnesses testified that he struggled with officers, and after warnings, was pepper sprayed. After hearing both state and defense witnesses, a jury found Defendant guilty on all counts. Neither party disputed that the Center was private property.

The Appeals Court dismissed defendant’s contention that he was not guilty because he intended to leave. A charge of Criminal Trespass only requires evidence that you remained on the premises after you were asked to go. Defendant also argued that another person was recording, and no signs warned against recording. The appellate court held that regardless, Defendant had been asked to go.

If you are charged with criminal trespass, contact an experienced criminal law attorney immediately. An attorney can evaluate your case for a defense. Were you in a public building that you reasonably believed was open? Were you attempting to clean up an abandoned property? Was there an emergency?

Do not discuss your case with police or a third party. What might sound like a reasonable explanation to you give the state evidence 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.

(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 a misdemeanor, class B misdemeanor, criminal trespass to property, trespass | Leave a comment