WHAT THE JUDGE HEARS: PRESENTING YOURSELF IN CRIMINAL COURT

Posted on June 10, 2013 by admin

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

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

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

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

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

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

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

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

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

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

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

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

Posted in court appearance | Leave a comment

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

Posted on May 28, 2013 by admin

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

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

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

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

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

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

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

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

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

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

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

Posted on May 13, 2013 by admin

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

What can happen to you? What can you do?

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

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

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

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

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

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

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

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

FROM BAD TO WORSE: AGGRAVATING FACTORS FOR DRUG DEALING CRIMES IN ILLINOIS

Posted on May 9, 2013 by admin

In Illinois, the penalties for knowingly manufacturing, delivering or possessing with intent to deliver a controlled substance can be stiff enough. But selling drugs to the wrong person or in the wrong place can make a bad situation worse–in some cases even doubling your prison time.

Here are some factors that can affect the severity of the charges against you:

1) Selling to Minors: If you are an adult and you sell to a minor, you may be sentenced to twice the maximum prison term and twice the maximum fine. (720 ILCS 570/407.)

2) Using Minors to Sell: If you use your underage friend to make your deal, you can face three times the maximum prison term. (720 ILCS 570/407.1)

3) Pregnant Women: If you know she’s pregnant, you can get double the time depending on the type of drugs. (720 ILCS 570/407.2.)

4) Truck Stops or Rest Areas: Your prison time and fine can be doubled for dealing within 1,000 feet of a truck stop or rest area if you have a prior conviction for the same offense. (720 ILCS 570/407)

5) Public schools, parks, property owned by a public housing agency, nursing homes, churches, synagogues, senior centers: Delivering drugs within 1,000 feet of any of these facilities can upgrade your crime. For example, a Class 1 offense, for possessing less than 15 grams of heroin with intent to deliver, can become a Class X felony with increased prison time and double the fines. It does not matter if school was out and no kids were in sight. (720 ILCS 570/407.)

6) Subsequent offenses: A second or later conviction can double your prison term and fine. (720 ILCS 570/408.)

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 talk your way out of the situation might end up giving the prosecution the evidence they need to convict you.

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 hope 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 controlled substance, delivering drugs, drug crimes, drug dealing, drug offenses, drugs, narcotic offenses, narcotics, possession of a controlled substance, possession with intent to deliver | Leave a comment

“IT’S JUST FOR ME.”: THE CRIME OF POSSESSION OF A CONTROLLED SUBSTANCE IN ILLINOIS

Posted on May 8, 2013 by admin

Illinois law is geared toward punishing the big-time drug trafficker more than the small-time user. Nevertheless, it is a crime to knowingly possess a controlled substance, and the penalties can be quite severe. What can happen to you? What can you do?

Illinois law bars you from knowingly possessing a controlled substance. The degree of the charges and the punishment depend on the type of drug and the amount. (720 Illinois Compiled Statutes 570/402).

If you possess less than 15 grams of heroin, cocaine, methamphetamine, morphine or LSD, you can be charged with a Class 4 felony, punishable by 1 to 3 years in jail and fined up to $25,000. More than 15 grams of these substances or more than 200 grams of barbiturates, amphetamines or peyote is a Class 1 felony. Your sentence can increase according to the amount you possess. Up to 100 grams is punishable by 4 to 15 years in prison while more than 900 grams is punishable by 10 to 50 years. In addition, if you possess with intent to deliver more than 100 grams, you may be fined up to $200,000 or the full street value of the drugs.

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. What you think is a reasonable explanation might be used against you as an admission of guilt.

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 possess the drugs? As with most crimes, the state has the burden of proving you guilty beyond a reasonable doubt. Maybe other people had regular access to the closet where the drugs were found. An attorney can look for holes in the state’s evidence in hope of winning an acquittal. For more information regarding the type of evidence needed for a conviction, see our blog at The Drugs Aren’t Mine: When You Are Charged With Possession of Narcotics.

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 barbiturates. amphetamine, cocaine, drug crimes, drug offenses, drugs, heroin, LSD, methamphetamine, morphine, narcotics, narcotics offenses, peyote, possession of a controlled substance | Leave a comment

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