YOU SHOULDN’T TALK AND NEITHER SHOULD YOUR LAWYER!

Posted on July 2, 2012 by admin

A standard rule in criminal defense is that clients should not talk about their case to police or third parties. Anything they say can be used as evidence against them. But it’s surprising how many lawyers in high profile cases will ignore this rule to get a little extra publicity for themselves.

Whether you are as innocent as a baby or guilty as John Wayne Gacy, your lawyer has a duty to advocate for your best interests, not the lawyers’ own. Attorneys who make statements to the press could help seal their clients’ convictions.

Case in point: Jerry Sandusky. The Penn State coach was convicted of several counts of child sexual abuse. That might be the right verdict, but his attorney, Joseph Amendola, did not help his case. Amendola told the press he would be surprised if his client was acquitted of all charges: “I would die of a heart attack—shocked—if he was acquitted on all of the charges.” Sandusky’s Attorney Expects Him to Be Convicted on Some Counts. Even worse, Amendola allowed an unprepared Sandusky to appear on nationally televised Bob Costas, an interview that ended up as prosecution evidence.

George Zimmerman’s initial attorneys did him no favors. Before he was charged with the shooting death of Trayvon Martin, Zimmerman’s attorneys held a press conference announcing that they could no longer represent him because they did not know where their client was, thought he had left the state of Florida, and that he wasn’t emotionally in control. Jeffrey Toobin on Zimmerman lawyers.

Almost every experienced criminal defense attorney has inherited cases from another lawyer who did not respect his or her client’s privacy and incriminated their client. If your lawyer seems more interested in press coverage than your best interests, it might be time to hire someone else. 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 attorney conduct, criminal law attorney, right to an attorney, right to remain silent | Leave a comment

DO I NEED AN ATTORNEY FOR A BOND HEARING IN ILLINOIS?

Posted on June 12, 2012 by admin

(UPDATED 1/16/24:  Illinois eliminated cash bond as of September 18, 2023.  But you can still be held in jail before trial if the state can show certain criteria.  It is still a good idea to hire an attorney to argue for your release.  See our related post at What to Expect at Your Illinois Bond Hearing Now that Cash Bail is Abolished and  What You Should Know About Illinois’s New Law Ending Cash Bail.)

The answer is yes. An experienced criminal law attorney can present your situation in the light most favorable to a judge, which could mean the difference between waiting for your trial inside the county jail or out.

If you are arrested for a crime in Illinois, there are three types of bonds, an I-bond, D-bond and C-bond. If you are charged with a lesser offense, you might be released on an I-bond at the time of your arrest. An I-bond means you do not have to pay money or wait for a court hearing. You are allowed to go on your own recognizance.

If your charges are more serious or you have a past criminal history, you may be held in jail until the next business morning for a bond hearing. At that hearing, you may be ordered to pay either a D- or C-bond, or the judge may refuse to grant bond at all so that you must remain in jail. A D-bond means you must pay 10% of whatever amount the judge sets as bond. For example, if the bond is $10,000, you must come up with $1,000 to be released from jail. There are no bail bondsmen in the State of Illinois, so you will need to get that money from your own resources.

If your crime or criminal history is particularly bad, you may have to pay a C-bond, which is the entire amount set by the judge. A C-bond can be set so high that is like having no bond at all.

If you cannot pay your C- or D-bond, you will be held in jail until the disposition of your case by trial or plea agreement.

While having an attorney does not guarantee that you will be set free, an attorney can help persuade the judge to set a lower bond or to allow some other arrangement such as home monitoring. An attorney who is familiar with the judges in your courthouse is likely to have a better idea than most clients on what arguments are likely to sway a judge. If you cannot afford an attorney, a public defender will be assigned for purposes of the bond hearing.

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 information on posting bond, visit our website at Where to Post Bond.

(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 bail, bond hearing, C-bond, D-bond, I-bond | Leave a comment

YOUR RIGHT TO A SPEEDY TRIAL IN ILLINOIS

Posted on June 6, 2012 by admin

Under Illinois law, you are entitled to a speedy trial within a certain time period if you are accused of a crime. However, this rule is subject to certain exceptions.

If you are held in jail, the State must try your case within 120 days of when you were taken into custody. However, the ticking on this clock is suspended during the time that you cause a delay such as if you need a continuance to find an attorney or if your attorney needs more time to investigate the evidence in your case. The clock is also suspended when you need an evaluation to determine if you are fit to stand trial.

If you have been released from jail, the State has 160 days to bring you to trial from the time that you formally demand a trial. Again, any delays caused by you or the need for a fitness evaluation are added to the 160 days. The State can request up to 60 more days as long as they are diligently trying to obtain important evidence, and they can have up to 120 more days if that evidence involves DNA. Be warned that if you fail to show up for a court date, you give up your right to a speedy trial, so it is critical that you appear at every date.

While it does not happen often, there are times when a case is dismissed because the State took too long to bring the matter to trial. An experienced criminal law attorney will keep their eye on the speedy trial clock.

Sometimes, however, a delay works to your advantage. Witnesses get tired of coming to court, and testimony starts to change. An experienced attorney may decide not to exercise your right to a speedy trial as part of your defense strategy. 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.

See: Illinois Speedy Trial Act. 725 Illinois Compiled Statutes 5/103-5. (Rights of the Accused.)

(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 speedy trial act | Leave a comment

WHY IS MY CHICAGO FELONY CASE IN SKOKIE?

Posted on May 18, 2012 by admin

You seldom set foot out of the city. You live in Chicago, the crime you allegedly committed took place in Chicago, Chicago police arrested you, and your bond hearing was held in Chicago. But now, you’re heading for your first court date at some place in Skokie or Bridgeview.

Why isn’t your felony case being handled in Chicago?

In Cook County, Chicago felony cases are generally assigned to the Criminal Courts Building at 2600 S. California. However, Chicago is the third largest city in the United States, and that means a comparably large number of felony cases that go through one relatively small building.

According to a 2007 study by the Chicago Appleseed Fund for Justice, Chicago’s criminal court system handles more than 28,000 felonies per year. Probation handles 23,000 cases per year and the neighboring jail harbors 10,000 inmates awaiting trial. (A Report on Chicago’s Felony Courts.) All this falls on the shoulders of the 29 judges currently listed for that courthouse. (Cook County Court Directory.) The 2007 study found that each judge had an average of 275 cases pending at any one time, with little time available for trials.

As a result, something had to give. Any felony case overflow is directed to two suburban courthouses. If your offense took place south of Madison Street, then you could be assigned to the Bridgeview Courthouse at 10220 S. 76th Street. If your offense was north, you may be appearing at the Skokie Courthouse at 5600 Old Orchard Road.

No matter where your case may be heard, it is essential to have an experienced criminal law attorney who is familiar with the judges in that courthouse. Many a defense strategy is based on gauging how a judge might react to your individual situation.

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 Bridgeview Court, Chicago felony, Class 1 Felony, Class 2 felony, Class 3 felony, class 4 felony, Class X Felony, felony, Skokie Court | Leave a comment

INTERFERING WITH VISITATION IS A CRIME IN ILLINOIS

Posted on May 10, 2012 by admin

You don’t like how your ex-spouse is treating your kids. Or maybe your ex-spouse owes you child support. When they came to pick up the kids for visitation, you simply told them the children were out. Next thing you know, the police are at your door.

In Illinois, Unlawful Visitation or Parenting Time Interference is a petty offense, punishable by a fine. Interfere repeatedly, however, and you can be charged with a Class A Misdemeanor, punishable by up to 1 year in jail and a $2,500 fine.

Interfering is defined as detaining or concealing a child with the intent of depriving someone of their rights in violation of a court order or judgment. (720 Illinois Compiled Statutes 5/10-5.5) If police have probable cause to believe that you are interfering, they can give notice for you to appear in court. If you fail to appear, the Court can issue a warrant for your arrest.

You can lawfully withhold visitation, however, if you reasonably believe you must do so to protect your child from imminent physical harm. For example, the other parent arrives completely intoxicated and tries to drive off with the children.

The crime of interfering with visitation is closely related to visitation abuse in the family law arena. Under Illinois law, you can be held in contempt by a family law court, or you can be criminally charged. If you are convicted for the crime, the family law judge cannot also find you in contempt. Because of the overlap, you may need to consult a family law attorney as well.

If you are charged with the crime of interfering, contact an experienced criminal law attorney immediately. An experienced attorney can evaluate your case to determine if you have a defense. Did you intentionally deprive the other parent of visitation? Maybe you had an emergency. Did you have grounds to believe your children were in physical danger? Do not discuss your case with the police or third parties. What you believe is justifiable conduct may not seem reasonable to the judge.

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 Child Custody Lawyer’s perspective, visit: Can I Deny Visitation If My Spouse Hasn’t Paid Child Support or For Other Reasons

(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 child custody, interference, unlawful visitation or parenting time interference, visitation interference | Leave a comment

CAN I BE ARRESTED FOR A MARIJUANA PIPE? ILLINOIS LAW ON DRUG PARAPHERNALIA

Posted on May 2, 2012 by admin

The police stopped you for a routine traffic offense. When giving you the ticket, they noticed a marijuana bong on the seat of your car. Or maybe they frisked you and found a couple syringes in your pocket, and you don’t have a medical condition. Now you are under arrest.

Under Illinois law, a person who knowingly possesses drug paraphernalia with the intent of using or preparing drugs is guilty of a Class A Misdemeanor, punishable by up to one year in jail and a minimum $750 fine. (720 Illinois Compiled Statutes 600/3.5.) The law does not apply to hypodermic syringes if you are authorized to have them under the Hypodermic Syringes and Needles Act. (720 ILCS 635.) Drug paraphernalia is defined as all equipment, products and materials to be used in planting, growing, manufacturing, converting, testing, injecting, ingesting, packaging or using drugs, except for methamphetamines which is a separate offense.

If you sell your paraphernalia, you can be charged with a Class 4 Misdemeanor, punishable by 1 to 3 years in jail and a $25,000 fine. Sell to a minor and it’s a Class 3 Misdemeanor punishable by 2 to 5 years. If the buyer is pregnant, you can face 3 to 7 years on a Class 2 misdemeanor.

Since the state must prove that you intended to use the paraphernalia to take or make drugs, simply owning a collection of bong pipes may not be enough to convict you. However, any drugs found near or residue on the paraphernalia can be used to show that you had the necessary illegal intent.

If you are charged with possessing paraphernalia, contact an experienced criminal law attorney immediately. Do not discuss your case with third parties or the police. Any statements you make can restrict your options in presenting a defense.

As with other criminal offenses, the state must prove you guilty beyond a reasonable doubt. An attorney can examine the evidence for holes in the state’s case. Was the search that revealed the paraphernalia legal? Can the state show that the paraphernalia was yours or that you meant to use it? Even if the state has more than enough evidence to convict you, an attorney can help negotiate a better plea agreement than you might do 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

Source: Illinois Drug Paraphernalia 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 cannabis, drug dealing, drug offense, drug paraphernalia, drugs, marijuana, narcotics, possession of drug paraphernalia | Leave a comment

OBSTRUCTING A PEACE OFFICER IN ILLINOIS

Posted on April 25, 2012 by admin

If you hinder a peace officer, such as a prison guard, policeman or firefighter, from performing their duties, you could be charged with a Class A Misdemeanor.

Obstructing a peace officer can be as simple as disobeying an order to step aside or refusing to cooperate with booking procedures. A recent Illinois case held that a Defendant who refused to be photographed or fingerprinted was guilty of resisting a peace officer. People v Nasolo Another Defendant who refused to exit his car when requested by a police officer was also found guilty of obstructing. People v Synnott

Resisting can also mean disobeying an order from a firefighter to leave or stay out of a burning building, unless you were trying to rescue someone inside.

Simply arguing with police, refusing to identify yourself or refusing to answer questions is usually not enough to trigger charges under Illinois law. However, if you refuse to identify yourself to someone attempting to serve a summons or subpoena, you can be charged.

If your resistance caused injury to a peace officer, you could be charged with a Class 4 Felony. While a Class A Misdemeanor is punishable by up to 1 year in jail and a $2,500 fine, a Class 4 Felony is punishable by 1 to 3 years in jail and up to a $25,000 fine. Anyone convicted of the misdemeanor charge is also subject to a minimum 48 hours in jail or 100 hours of community service.

If you are charged with resisting a peace officer, talk to an experienced criminal law attorney immediately. As with most other crimes, the state must prove you guilty beyond a reasonable doubt. An attorney can examine the facts of your case to see if you have a defense. Maybe your actions do not rise to the level of an obstruction charge. Maybe you were simply arguing or exercising your Fifth Amendment right to silence.

If you are charged, do not try to explain yourself to police or a third party. What you think is a reasonable explanation might be just enough for the prosecution 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 obstructing a peace officer, obstructing police, resisting a peace officer, resisting arrest | Leave a comment

CAN THE POLICE SEARCH MY CELL PHONE?

Posted on April 3, 2012 by admin

Police can search your cell phone to learn its phone number without a search warrant, much like they can flip through the pages of your diary to find your address, said a recent 7th Circuit Court of Appeals ruling.

Modern cell phones are personal computers.

They contain loads of sensitive information ranging from private photos to possibly a web camera stream into your own home. Because of this, the extent to which police can examine your phone’s contents without a search warrant is now a tricky matter. The police must balance your privacy rights with the needs of law enforcement. For example, the police cannot use your web camera stream to search your home without a warrant, but they may be able to look at other information.

The Court’s recent ruling involved a drug bust where police seized a cell phone and then searched for its phone number in order to subpoena the call history from the phone company. Historically, the police can look inside a “container” when making an arrest. The prosecution claimed the phone was like a container and therefore could be examined.

The Court said that a cell phone is more like an ultra-diary than a container. However, the police can check the phone’s number and ownership. Police can search without a warrant when there is enough justification, such as to check for weapons or to preserve evidence. Some stun guns look like cell phones. But more importantly, a cell phone’s contents can be remotely erased, and thus destroyed. The police can examine your phone for its number to preserve that information. While an officer cannot read your love letters either inside the pages of your diary or the files of your cell phone, getting your address or cell phone number is only a slight invasion of your privacy.

The Court left the question of when an officer could make a more extensive search of your cell phone’s contents for another day.

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 the full court decision, see U.S.A. vs Flores-Lopez.

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

Posted in cell phone search, search and seizure, search warrant, warrantless search | Leave a comment

FROM SHOPLIFTING TO REMOVING PRICE TAGS: RETAIL THEFT LAW IN ILLINOIS

Posted on March 13, 2012 by admin

You were scanning groceries at the self-service station and decided to omit a few items before slipping them into your bag. But unbeknownst to you, the cameras were watching. As soon as you left the store, security stopped you, and now you are facing criminal charges.

When we think of shoplifting, we usually think of hiding merchandise in a purse or pocket, but the Illinois retail theft law encompasses a broader range of offenses. As you might expect, you cannot leave the store with unpaid merchandise. You also cannot change the labels or price markings on items and pay less than full value. You cannot transfer merchandise from one container to another, for example, by placing full price articles into the sales bin and then try to pay the lower price.

When you are at the self-service register, you cannot under-ring your merchandise or fail to scan it. And make sure you leave that shopping cart in the parking lot.

It is retail theft to pretend you own property in order to get money or store credit or an exchange. Nor can you fail to return property that you have leased.

You may not use a theft detection shielding device in order to take something. A theft detection shielding device includes any “laminated or coated bag or device designed and intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor.” (720 ILCS 5/16-25(e).)

For a first offense of less than $300 in goods, you can be charged with a Class A Misdemeanor punishable by up to 1 year in jail and a $2,500 fine. A second offense is a Class 4 felony punishable by 1 to 3 years in jail and a $25,000 fine. Merchandise over $300 upgrades your first offense to a Class 3 felony, punishable by 2 to 5 years. The store merchant may also sue you in civil court for the price of the merchandise and their attorney fees.

If you stole something and ran out an emergency exit, you can be charged with Theft by Emergency Exit, a Class 4 felony for merchandise valued under $300. A second offense is a Class 3 felony. For value over $300, Theft by Emergency Exit is a Class 2 felony, punishable by 3 to 7 years.

To be convicted for retail theft, the state must show you intended to permanently deprive the rightful owner of their property. If you accidentally walked out with something in your cart, you may have a defense. This defense would be complicated, however, if you concealed the object so that while “there may be some notice of its presence, that merchandise is not visible through ordinary means. (720 ILCS 5/16-25(c ).) Illinois law allows a judge or jury to infer that you intended to steal the goods if you concealed them and left the store.

If you are charged with a retail theft offense, contact an experienced criminal law attorney immediately. Do not make statements to store security, the police or others about your case. Trying to explain yourself could give the prosecution the evidence needed to convict you. As with almost any crime, the prosecution must prove the offense beyond a reasonable doubt including whether you had the necessary intent. An experienced attorney can look for weaknesses in the state’s case. Even if you are caught red-handed with the goods under your clothes, 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

Source: See 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 retail theft, shoplifting, theft, theft by emergency exit, theft detection shielding device | Leave a comment

“BUT I WAS JUST TAPING A COP!”: THE ILLINOIS EAVESDROPPING LAW

Posted on March 12, 2012 by admin

You were a passenger in a car that the police pulled over. The officer seemed to be giving the driver, your friend, a hard time. You thought the officer was trying to strong-arm your friend, and with visions of Rodney King in your head, you turned on your I-phone to record the encounter.

Your friend was charged with a drug-related misdemeanor. But to your surprise, you are the one charged with a felony. Where did you go wrong? What can you do?

Illinois has one of the strictest eavesdropping laws in the country. The law is so strict that the American Civil Liberties Union challenged its constitutionality. The Chicago Sun Times wrote “The law seems deliberately designed to shield police from public scrutiny.”

Under the law any recording of a conversation or electronic communication without all parties’ consent is a crime with some exceptions. But if you recorded a police officer, prosecutor, attorney general or judge, the charges get kicked up a notch.

Illinois law defines eavesdropping as knowingly and intentionally using an eavesdropping device to hear or record a conversation even if the conversation was in public, unless you have everyone’s consent. Even if you direct someone else to eavesdrop for you, or you knowingly obtain a benefit from the eavesdropping, you can be charged with a felony.

If you are law enforcement, there are many exceptions to the rule so that an officer may record you. But if you are a citizen, you could be in a world of trouble. Eavesdropping on regular citizens is a Class 4 felony, punishable by up 1 to 3 years in prison. Subsequent offenses are Class 3 felonies, punishable by 2 to 5 years in prison. However, eavesdropping on law enforcement in the course of their official duties is a Class 1 Felony punishable by 4 to 15 years.

While these charges are not often brought, two high profile Illinois cases have exposed the harsh consequences of the law. Tiawanda Moore was charged after recording police who she believed were sexually harassing her. Fortunately, she was acquitted by a jury and is now suing the City of Chicago. Christopher Drew recorded his arrest for selling art without a permit and was facing up to 15 years in jail. Both Moore and Drew spent time in jail after their arrest. (See Illinois Eavesdropping Act: Tiawanda Moore Sues City and Eavesdropping Laws.)

In a recent development, Drew’s charges were dropped after a Cook County Circuit Court judge ruled the eavesdropping law unconstitutional, saying that it was too broad and could punish innocent conduct such as taping a child’s soccer game. (See Eavesdropping Law Unconstitutional). The Judge’s ruling is not enough, however, to invalidate the law. The ACLU has appealed the law’s validity and a ruling from the 7th U.S. Circuit Court of Appeals is expected. For now, however, the law remains on the books, and you are best advised to steer clear.

UPDATE: The 7th U.S. Circuit Court of Appeals agreed with the ACLU that the law was unconstitutional and overbroad. On November 26, 2012, the U.S. Supreme Court refused to hear the case, which leaves the 7th Circuit’s ruling in place.

If you are charged with eavesdropping you should contact an experienced criminal law attorney immediately. Do not discuss your case with anyone. Any statements you make could jeopardize your defense. An experienced attorney can look for weaknesses in the state’s case. Did the officer have probable cause to stop you? Did you intend to eavesdrop? Did you have consent? The law itself has some exceptions, such as if you record someone because you believe they are about to commit a crime. But even if the state has crystal clear evidence against you, an attorney who is knowledgeable about the courthouse may be able to obtain 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 audio recording law, eavesdropping, illinois eavesdropping act | Leave a comment