‘IM WANTED IN ANOTHER STATE!”: THE LAW OF EXTRADITION

Posted on July 11, 2011 by admin

Things went sour in the state where you lived. You got into a little trouble with the law, so you came to Illinois. Now the Governor of your old state is asking Illinois to return you for trial on the charges you left behind.

What is extradition? What are your rights?

Extradition is the process in which another state can demand that Illinois return you for trial if you fled from justice after you were charged with treason, felony or some other crime. (725 Illinois Compiled Statutes (ILCS) 225/2.) Fleeing justice may mean that you left the state after you were charged with a crime, violated bail or probation or escaped from jail.

Extradition is a two-way street. Perhaps you committed a crime in Illinois, and then left to escape punishment. The Illinois Governor also has the right to demand your return.

For extradition, the demanding state must meet certain legal requirements. The demand must show that you were present in the demanding state when the crime was committed except you need not have been present if your actions in Illinois intentionally resulted in a crime within the demanding state’s borders. (725 ILCS 225/3 and /6.) In other words, if you ran a conspiracy from Illinois to embezzle funds and the actual crime took place in Missouri, Missouri could still demand extradition even though you never set foot in Missouri.

Except as above, the extradition demand must show that you fled the state and must contain either 1) an affidavit from the other state’s judge along with a copy of the document charging you with a crime, or 2) a judge’s affidavit along with a copy of the arrest warrant. If you fled after conviction, the demanding state must provide a copy of your conviction or sentence along with a statement that you escaped jail or violated your bail, probation or parole. (725 ILCS 225/3.)

Any demand must “substantially charge” you with having committed a crime under the other state’s laws. However, this does not mean that an Illinois judge can look into whether the demanding state has probable cause to arrest you.

If the Illinois governor decides to grant extradition, the governor can have an arrest warrant issued. A judge can also issue a warrant on the oath of any credible person. The arrest can be made without a warrant, however, upon reasonable information that you are accused in another state, but you must then be speedily brought before a judge.

If you are facing extradition, you have certain rights. You must be taken before a judge and informed of the demand for surrender and the charges against you. You have a right to an attorney. You may also apply for habeas corpus relief. This means that you can request a hearing to the test the legality of your arrest. (725 ILCS 225/10.) You may also appeal any Court order.

A judge may keep you in jail pending your return to the demanding state. However, the judge may also allow you to post bail provided the charges against you are not punishable by death or life imprisonment.

If you are facing extradition either into or out of Illinois, you are best advised to consult an experienced attorney as the rules can be very tricky. An attorney can help make sure the rules are followed, file petitions to test the legality of your arrest where necessary and argue for your release on bail.

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 extradition, fleeing the state | Leave a comment

“CAN I LEAVE THE STATE?” AND OTHER BOND VIOLATIONS

Posted on June 29, 2011 by admin

You were really looking forward to that great vacation you had planned in the tropics. Unfortunately, when you were leaving a party, you got pulled over by the police. You took your vacation anyway, and now you have violated the conditions of your bail.

What are the rules and what can you do?

When you are charged with an offense, the Court can release you on your own recognizance or in exchange for paying a bond. Either way, the Court imposes certain conditions on your bond. You must appear at all court dates, you cannot break any criminal laws, and you cannot leave the state without court permission. Sometimes, the Court requires you to turn in all weapons along with your Firearm Owner’s Identification Card. Sometimes you must submit to a psychological evaluation or undergo treatment. You may be restrained from contacting certain people or appearing at certain places. You may not be allowed to drink or take drugs.

If you break a condition of your bond, you can be held in jail until your case is over. For example, if you miss a court date, the court can issue a bond forfeiture/warrant, meaning any money you paid is forfeit to the court and if you are picked up, you can be placed in jail. Another problem is if you have to leave the state either for a family emergency or to attend school or simply to take a vacation.

But the good news is there may be a solution. If you need to leave the state for any reason, an experienced criminal law attorney can petition the court to grant you permission to make your trip. If you inadvertently miss a court date, an attorney can ask the court to vacate the warrant against you so that you can remain free pending the resolution of your case. If you committed another crime, the State may petition to violate you on your bond. An attorney can help defend the underlying violation.

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: 725 ILCS 110-10

(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 forfeiture, bond violation, conditions of bond, leaving the state, missing a court date | Leave a comment

‘MY CHILD WAS OUT TOO LATE!”: CURFEW LAW IN ILLINOIS

Posted on May 31, 2011 by admin

Your son was at a school party. After the party, he and some friends went to the park and hung around until after midnight. That’s when the police arrived. Now your son is charged with violating curfew, and you may be penalized as a result.

In Illinois, a child under the age of 17 violates curfew when he or she lingers or stays in a public place or even a private business during curfew hours. Curfew hours are from 11 p.m. to 6 a.m. Sunday through Thursday and 12:01 a.m. to 6 a.m. Saturday and Sunday mornings. Violating curfew is a petty offense carrying a fine up to $500, and a judge can order the parent to perform community service. A parent or guardian can also be charged with a curfew violation if they knowingly allow a minor to violate curfew.

Fortunately, there are many exceptions to this rule. Your child can be out during curfew hours if they are with you. Your child can stand on the sidewalk next to your or your neighbor’s house (provided the neighbor doesn’t call the police if it’s by their house). You can send your child to the store or on another errand and your child can keep a job, provided they do not detour in route. Other defenses include riding in a motor vehicle in interstate travel; being involved in an emergency; attending an official school, religious, civic or recreational function supervised by adults or exercising First Amendment rights.

When it comes to driving, the curfew applies to licensed drivers under the age of 18, as opposed to 17. You are not allowed to drive between 11 p.m. and 6 a.m. on Friday and Saturday nights or between 10 p.m. and 6 a.m. on weeknights. However, many of the same exceptions to curfew apply to your driver’s license as well. You may drive if 1) you are accompanied by your parent or guardian or running an errand at their request, 2) involved in an emergency, 3) driving to or from a religious, recreational or school activity without making stops, 4) driving on the interstate, 5) going to or from work, 6) are exercising First Amendment rights or 7) you are married or otherwise emancipated.

Municipalities are allowed to enact their own regulations. The Village of Winnetka simply adopted the state’s law. In Evanston, however, the fine can be as much as $750. Curfew hours have also been tightened by one hour from 10 p.m. to 6 a.m. Sunday through Thursday and 11 p.m. to 6 a.m. Friday and Saturday. Evanston law allows a parent to delegate someone over age 21 to accompany their child. In Kenilworth, the parent-approved companion need only be 18. Glencoe allows a minor to attend any assembly activity “for which a permit has been lawfully issued.”

While under Illinois law, the parent commits an offense if they knowingly allow a minor to violate the law, the Village of Wilmette also penalizes a parent or guardian who “knowingly permits, or by insufficient control allows,” the minor to violate the law. Furthermore, if you are the owner or an employee of a business and you knowingly allow a minor to remain on your premises during curfew hours, you can be charged with a curfew violation. However, it is a defense if you notified the police when a minor is refusing to leave your premises.

If you are approached by police for a curfew violation, the officer must first ask your age and why you are out. Think carefully before responding. If you have a legitimate defense, the officer might not charge you. An officer may only charge you if they reasonably believe, based on your response, that you have no defense. However, without a defense, it may be better if you do not answer. An experienced attorney can better assist you if you have not already made admissions of guilt. Even if you have committed a curfew violation, an experienced criminal law attorney can help navigate the best strategy for your defense. If you are the parent, did you “knowingly” allow your child to violate curfew? At worst, an attorney may help negotiate a more beneficial plea agreement.

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.

Also see our related school law blog at http://northshoreschoollaw.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 curfew, juveniles | Leave a comment

WARRANTLESS SEARCHES: THE U.S. SUPREME COURT MARIJUANA EVIDENCE CASE AND ILLINOIS LAW

Posted on May 25, 2011 by admin

You may have heard it on the news: U.S. Supreme Court rules that police can enter home because of marijuana smell. While this statement oversimplifies the court’s decision, Kentucky v King deals with the law of exigent circumstances, or when the police can enter your home without a warrant.

Under the Fourth Amendment, warrantless searches of a home are presumed unreasonable. Police may enter without a warrant, however, under exigent circumstances. In Illinois, these circumstances include: 1) recentness of the crime, 2) severity of the offense, particularly if it involved violence, 3) whether the suspect is armed, 4) likelihood of the suspect’s escape, 5) whether there was time to get a warrant, 6) a strong reason to believe the suspect is on the premises, and 7) hot pursuit of a fleeing suspect. Under federal case law, another exigent circumstance is the fear that evidence will be destroyed. This is the issue at the heart of Kentucky v King.

In Kentucky v King, undercover police set up a controlled buy of cocaine from a suspected drug dealer. After making the deal, officers moved in on the defendant who ran into an apartment off a breezeway. The officers followed and smelled marijuana burning from the apartment on the left. (The suspect was later found in the apartment on the right, but the Court does not address the issue of whether officers entered the wrong apartment.) Fearing evidence was being destroyed, the officers knocked on the door and announced they were police. The officers thought they heard people moving around, so they kicked in the door. Once inside, they spotted drugs in plain view and arrested the people in the apartment.

The issue before the Supreme Court was whether the officers created the exigent circumstance by knocking on the door and announcing their presence. Police cannot rely on exigent circumstances to avoid getting a warrant if they themselves create the circumstances. The Supreme Court held that knocking and saying “Police, police, police” was proper and does not create the exigency. Justice Ginsburg disagreed stating that the police had time to get a warrant and that police may now “knock, listen, then break down the door, never mind that they had ample time to obtain a warrant.”

Rightly or wrongly decided, the Supreme Court case will likely have little impact on Illinois law. Illinois courts already apply a multi-pronged test for exigent circumstances, and the outcome will vary with the facts of each case.

If you are the subject of a warrantless search or have been charged with a crime, contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.. An experienced criminal law attorney can help evaluate your case to see if there are grounds to suppress the results of a police search.

For the complete Supreme Court case, see http://www.supremecourt.gov/opinions/10pdf/09-1272.pdf

(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 exigent circumstances, search and seizure, warrantless search | Leave a comment

‘BUT IT’S HIS GUN!”: WHEN YOU ARE CHARGED WITH POSSESSING A FIREARM

Posted on May 13, 2011 by admin

The police are at the door. Your boyfriend was involved in some kind of criminal activity—maybe it was drug dealing or robbery. Somehow the police found a gun, either in your home or in your car. Now both you and your boyfriend are charged with unlawful use of a weapon.

What is the law on gun ownership these days? What can happen to you? What can you do? The answer partly depends on whether your offense took place in the City of Chicago. While Chicago was forced to throw out its 28-year old handgun ban after a 2010 Supreme Court ruling made it uneforceable, the City instituted a new law. This new law has been challenged, but for now remains on the books.

In Illinois, you may be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine, if you carry in your car or concealed on your person a taser, stun gun, pistol, revolver or other firearm unless you are on your own property. You may transport your guns if they are broken down in a non functioning state, are not immediately accessible or are unloaded and enclosed in a case. (720 ILCS 5/24-1(a)(4).) You also may not possess a silencer or sawed off shotgun, which is a Class 3 felony, punishable by 2 to 5 years in jail and up to $25,000 fine. Possessing a machine gun is a Class 2 Felony, punishable by 3 to 7 years. Penalties are even more severe if you had your gun in a bar or liquor store, a government building or a school.

In Chicago, each registered gun owner may have one gun which is assembled and operable in their home, but you may not take it outside your home such as on your porch or in your back yard or garage. Each offense carries a $1,000 to $5,000 fine and a 20 to 90 day jail term. Each day of possession is a separate offense. Subsequent offenses carry fines of $5,000 to $10,000 and 30 days to 6 months in jail. All firearms must be registered.

If you are charged with having an illegal gun, contact an attorney immediately to discuss your case. Do not discuss your case with anyone else either in person, by telephone or by electronic means. Any statements made to police or a third party can be used against you. “I told my boyfriend not to leave that thing lying around our living room,” may seem reasonable to you but may be interpreted as an admission of guilt by the State.

An experienced attorney can evaluate the evidence in your case to help prepare your defense. As in most criminal cases, the state has the burden of proving you guilty beyond a reasonable doubt. Can the state prove that you possessed the gun? Did you have permission to have the gun in someone else’s home where it was found? Do you work in security and have a legitimate reason to carry the gun?

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 firearm possession, gun possession, illegal gun, illegal weapon, machine gun, silencer, taser, unlawful use of weapon | Leave a comment

‘BUT I WAS JUST VISITING!”: WHEN YOU ARE CHARGED WITH BRINGING CONTRABAND INTO A PRISON OR JAIL

Posted on May 2, 2011 by admin

Your loved one is in trouble. You went to see them at the police lockup or in the jail. Or maybe it’s just visiting day at the prison. You knew you couldn’t bring in drugs or weapons, but all you had was your cell phone. Unfortunately, you also let your loved one make a call. Now you are charged with bringing contraband into a penal institution, a Class 1 Felony.

What is contraband under the law? What can you do?

Recent changes to Illinois law have made it a Class 1 Felony to bring into or even possess electronic contraband at a penal institution such as a jail, prison, police lock up or even a halfway house. Electronic contraband is defined as “any electronic, video recording device, computer, or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, videotape recorders, pagers, computers, and computer peripheral equipment brought into or possessed in a penal institution without the written authorization of the Chief Administrative Officer.” ( See 720 ILCS 5/31A-1.1. or http://www.ilga.gov/legislation/ilcs/documents/072000050K31A-1.1.htm. )

In one recent Chicago case, a volunteer legal aid attorney was charged with a Class 1 Felony for bringing in a cell phone to a police lock up. (See http://articles.chicagotribune.com/2011-04-02/news/ct-met-lawyer-charged-phone-0403-20110402_1_police-interview-police-stations-criminal-defense-lawyers .)

Besides electronic equipment, you cannot bring in alcohol, drugs, hypodermic syringes, firearms, devices that defeat security mechanisms such as handcuff keys or lock picks and tools that can cut through metal. Bringing in drugs, syringes, weapons, lock picks, metal cutters and electronic devices are Class 1 Felonies punishable by 4 to 15 years in prison and up to a $25,000 fine. Alcohol is a Class 4 Felony (1 to 3 years), while cannabis or marijuana is a Class 3 (2 to 5 years). Firearms, ammunition or explosive devices carries the stiffest charge with a Class X Felony (minimum of 6 years).

To prove that you brought in contraband, the State must show that you knowingly and without authorization brought the contraband into a penal institution or caused someone else to do it, or left the contraband where an inmate could get it. To prove possession, the State need only show that you had the contraband regardless of your intention. Whether you are charged with possession or bringing in, the penalties are the same. Therefore, even if you inadvertently brought your cell phone into the lock up, you could be charged with the Class 1 felony.

Do you have a defense? As with most criminal charges, the State must prove your guilt beyond a reasonable doubt. An experienced criminal attorney can assess the evidence against you to probe for holes in the State’s case. As an element of bringing in contraband, the state must show that you did it knowingly. With possession, the intent is not required, however, you may still have a defense if you had authorization either by regulation or court order.

If you are charged with bringing in or possessing contraband, contact a criminal law attorney immediately. Do not make any statements to the police or to anyone else. Any attempt to defend yourself could backfire. Do not discuss your case on any electronic media.

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

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

Posted in bringing in contraband, Class 1 Felony, contraband, electronic device, possession of contraband | Leave a comment

RESISTING ARREST: BIG TROUBLE

Posted on April 8, 2011 by admin

You and your spouse were fighting again. Your spouse called the police. When the police came, you lost your head and struggled with them, actually causing one officer to sprain themselves. Although your spouse dropped the original complaint against you, you are still charged with resisting arrest.

What can happen to you? What can you do?

Resisting arrest is never a good idea. There are few offenses that enrage a prosecutor or a judge more. In Illinois, a person who knowingly resists a peace officer, fire fighter or correctional institution employee is guilty of a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. Unlike the vast majority of other misdemeanors, the mandatory sentence for this charge is a conditional discharge rather than a supervision. As such, a finding of guilty is a criminal conviction, one that cannot be expunged or cleaned from your record. A charge of resisting arrest may not sound as ominous as many other criminal offenses in Illinois, but it is difficult to think of another misdemeanor charge that can create such a permanent blot on your criminal record.

If this weren’t enough, any sentence against you must be enhanced by a penalty of at least 48 hours in jail or 100 days community service. And you can be convicted of resisting arrest even if the original reason for your arrest gets dismissed.

If you injured an officer while resisting arrest, you can be in even bigger trouble. In Illinois, if you are the proximate cause to an officer’s injury, you may be charged with a Class 4 felony, punishable by 1 to 3 years in jail and a $25,000 fine.

If you are charged with resisting arrest, contact an experienced criminal law attorney immediately. An attorney can help work out the best strategy to defend your case. The State must still prove that you are guilty of the offense beyond a reasonable doubt. Did you know these were police or were they undercover? Were you actually resisting or are the reports of your behavior exaggerated?

Even if the evidence against you is rock solid, an experienced attorney may help work out a better plea bargain than you could do on your own. Sometimes, depending on the circumstances and your prior record, an attorney can get a dismissal in exchange for time served or community service.

If you are charged with resisting arrest or another crime, you should not speak about your case to anyone other than your attorney. Any statements you make to an officer or a third party can be used against you and can harm any future defense. You should also refrain from communicating electronically about your case, either through texting, email or Facebook-type pages.

If you are in police custody, a recent Supreme Court ruling requires that you say “I wish to remain silent. I wish to speak to an attorney,” in order to protect your Miranda rights. Otherwise, the police can continue to question you, and any statements you make can be used against you.

If you have a question about resisting arrest or another criminal matter, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

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

Posted in arrest, class 4 felony, class a misdemeanor, resisting arrest | Leave a comment

“CAN I HELP HIM?:” WHEN YOU ARE ASKED TO CONCEAL EVIDENCE

Posted on March 16, 2011 by admin

Your boyfriend just called. He didn’t want to get into the details over the phone, but the police are after him. He wants to know if he can come over and give you something to hold. Or maybe he wants you to go to the trunk of his car and throw something out. You want to help him, but you’re afraid for yourself.

And with good reason. In Illinois, you can be charged with a Class 4 felony, punishable by 1 to 3 years in jail and a $25,000 fine for obstructing justice. (720 Illinois Compiled Statutes 5/31-4.) A person obstructs justice when he or she “destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information….” Obstructing justice also means hiding or leaving the state if you have material knowledge about a crime or causing a witness who has material knowledge to hide or leave the state.

If your loved one does call for help, think carefully. Throwing out the drugs or hiding the money from a crime could land you in just about as much trouble as he or she is. The best way to help your loved one is through immediately consulting attorney. An experienced criminal law attorney can evaluate your loved one’s options. At times, it may be better to turn oneself in under an attorney’s guidance than to wait for the police to make an arrest. In that way, your loved one may time an arrest to avoid spending a weekend in jail waiting for bond court. An attorney can also best advise your loved one how to protect his or her rights during a police investigation.

If you are charged with obstructing justice or think you might be, you should immediately contact an attorney on your own behalf to obtain guidance on how to proceed. Do not speak with anyone other than an attorney about your situation. Any statements made to police or a third party can be used against you. Do not discuss your situation on any electronic media such as Facebook or email. If you are in custody, tell the police “I wish to remain silent. I wish to have an attorney,” in order to trigger your Miranda rights.

If you have questions about a criminal offense, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

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

Posted in class 4 felony, concealing evidence, destroying evidence, hiding evidence, obstructing justice | Leave a comment

THE NEW ILLINOIS ORGANIZED RETAIL THEFT LAW

Posted on March 7, 2011 by admin

Starting June 1, 2011, Illinois will have tougher laws against organized retail theft rings. In addition to criminal penalties such as fines and jail time, the new law allows a judge to seize a defendant’s money or property.

The new law targets organized crime rings by expanding the definition of a “financial crimes enterprise” to include reselling or trading stolen merchandise.

To be guilty of a “continuing financial crimes enterprise,” you must knowingly commit three or more separate crimes against property (including computer, retail, wire or identity theft) within an 18 month period. (720 Illinois Compiled Statutes (ILCS) 5/16H-50.) For an organizer, you can be charged when you agree with another person to the commission of 3 or more such crimes within 18 months. (720 ILCS 5/16H-55.) The three separate offenses need not be committed with the same person.

If you are charged with organizing or committing a financial crimes enterprise offense, do not speak with anyone other than an attorney about your situation. Any statements made to police or a third party can be used against you. Do not discuss your situation on any electronic media such as Facebook or email. If you are in custody, tell the police “I wish to remain silent. I wish to have an attorney,” in order to trigger your Miranda rights.

As with any offense, the state must prove you guilty beyond a reasonable doubt. An experienced attorney can help evaluate your situation to present a defense. Even if the evidence is overwhelmingly against you, an attorney may assist you in obtaining a more favorable plea bargain.

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

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

Posted in financial crimes enterprise offense, organized crime ring, retail theft, theft | Leave a comment

I HAVE A FELONY: THE PRELIMINARY EXAM

Posted on February 16, 2011 by admin

It was a nightmare. The police came to speak with you, they left, they came back and next thing, you were arrested for a felony. Fortunately, your family made bond. Now, your first court date is coming up. Your case is set for the preliminary hearing.

What is a preliminary hearing? Why is it important? What are your options?

The preliminary examination or hearing usually takes place about one month after your bond hearing. At that time, a judge will hear testimony, usually from police, to ascertain whether there was probable cause to arrest you. If the court finds probable cause, the case will then be assigned to the appropriate courtroom dealing with your type of offense. However, if the court finds the officers lacked probable cause, the case is dismissed, and you are probably home free.

A finding of probable cause does not mean you are guilty. The court will normally hear your plea of guilty or innocent on the next court date. The preliminary hearing is not a miniature trial. Your side need not present witnesses, nor is it generally desirable to do so. Usually, the less the state knows about your case the better: Any testimony from your side can be used to impeach your witnesses later. By the same token, your attorney may be able to use the officers’ testimony from the preliminary hearing to impeach them at trial.

The odds are rather high that the court will find probable cause. The burden of proof for probable cause is not a difficult one for the state to make. An experienced criminal law attorney, however, can still be critical even at this juncture. Your attorney can question the state’s witnesses in order to highlight weaknesses in their cse. On limited occasions, those weaknesses are enough to get the case dismissed.

An attorney can also help navigate the best strategy for your situation. For example, the state’s attorney may offer a plea agreement that is too good to refuse. Perhaps the evidence against you on the felony charge is very strong, but the state will reduce charges to an expungeable-type misdemeanor.

If you or someone you know has been charged with a felony, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

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

Posted in arraignment, arrest, bond hearing, felony, preliminary exam, preliminary hearing, probable cause | Leave a comment