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

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