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

BE CAREFUL WHAT YOU SIGN!” THE LAW ON FORGED CHECKS IN ILLINOIS

Posted on December 10, 2012 by admin

Your boyfriend asked you to cash a check for him. He signed the check over to you, and you endorsed it at the bank. It turned out the check was stolen, and you are now facing criminal charges.

Can you be convicted if you didn’t know the check was a fraud? What can you do?

In Illinois, forgery includes when a person knowingly and with intent to defraud “makes a false document or alters any document to make it false and that document is apparently capable of defrauding another” (720 Illinois Compiled Statutes 5/17-3). Your boyfriend clearly has broken the law. He made the check knowing it was false with the intent of defrauding the bank—and maybe even yourself.

But what about you? All you did was sign. Are you now facing conviction for 2 to 5 years in jail for a Class 3 felony?

Under Illinois law simply endorsing a check is enough to make or alter a document. The key element is whether the forgery “was made for the purpose of and is capable of defrauding.” People v Brown. Your endorsing the check made it capable of defrauding, since without the endorsement, the bank might not have cashed it.

Is your situation hopeless? Not necessarily. If you are charged with forgery, you should contact an experienced criminal law attorney immediately. As with other criminal offenses, the state must prove you guilty beyond a reasonable doubt. The fact you cashed the check without knowing it was false or having an intent to defraud the bank may be a defense.

Forgery is not limited to bad checks. It can include falsifying an academic degree or some other document. Forgery also includes 1) issuing or delivering a document that you know is false, 2) possessing an altered document that you intend to deliver, 3) unlawfully using someone else’s digital signature or signature device.

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 bad checks, bounced check, Class 3 felony, forged checks, forgery | Leave a comment

“I DIDN’T KNOW THE GUN WAS THERE!”: UNLAWFUL POSSESSION OF A FIREARM IN ILLINOIS

Posted on December 3, 2012 by admin

The police came after your roommate, and in the process, found a pistol in your closet. You didn’t even know the gun was there, but now you are charged with a felony.

Can you be convicted of unlawful possession of a firearm? What can you do?

As of January 1, 2012, Illinois law prohibits possessing a firearm or ammunition if a) you are under 18 and have a weapon that could be concealed; b) you are under age 21 and have been convicted of a misdemeanor, c) you are a narcotics addict; d) you have been mentally disabled or e) you possess an explosive bullet. (720 ILCS 5/24-2.1) Unlawfully possessing a firearm under these circumstances is a Class A Misdemeanor, punishable by up to one year, unless you have a handgun, which is a Class 4 Felony, punishable by 1 to 4 years.

In Illinois, a convicted felon can also be charged with a Class 3 Felony, punishable by 2 to 10 years. A street gang member can be charged with a Class 2 felony, punishable by 3 to 10 years.

As with other crimes, the prosecution must prove you guilty beyond a reasonable doubt. They must show that you either actually or constructively possessed the gun. Actual possession is easy to prove. Finding the gun on your person could be enough.

But what if the gun was in your car or your home and its ownership is unclear? To prove constructive possession, the state must show that you knew about the gun and that you had immediate and exclusive control where the gun was found. Therefore, if the gun was buried in the back of your closet, and your boyfriend regularly used that closet, you might be able to prove the gun wasn’t yours.

If you are charged with illegal possession of a weapon, you should contact an experienced criminal law attorney immediately. An attorney can help present your case in the best possible light. Did the police have grounds to stop you or search you? Even if the evidence against you is overwhelming, an attorney, who is respected at the court house, can often 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.

(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

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