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

THE NEW ILLINOIS LAW ON FALSE IMPERSONATION

Posted on January 23, 2012 by admin

As of January 1, 2012, Illinois toughened its law against false impersonations.

In Illinois, it was already illegal to impersonate a police officer, firefighter, emergency management worker, veteran, parent/legal guardian or airplane pilot. (See related Post: “Impersonating Public Officials: Big Trouble.)

The new law is expanded to include impersonating ordinary people, not just those in special categories such as police officers. You may be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine if you falsely impersonate someone in order to defraud, injure, threaten, intimidate or obtain a benefit.

Also, under the new law, you don’t have to do your impersonating face to face. Pretending to be someone you’re not via a website or other electronic communication, such as texting, is a crime.

State Senator Ira Silverstein of Chicago introduced the updated law. State Senator Sid Matthias of Buffalo Grove, a sponsor, said the law would help address public safety issues created by advancing internet technologies.

While it was also already a crime to impersonate an attorney, a public official or employee, the new law allows a judge or jury to infer that you are guilty if you wore an official or employee’s badge or uniform or if you otherwise expressed that you were acting under a public agency’s approval when you were not.

If you are charged with False Personation, contact an experienced criminal law attorney immediately. As with most criminal offenses, the State must prove you guilty beyond a reasonable doubt. Did you have the intent required by the law? Maybe you were just playing a joke and did not mean to intimidate or defraud. Are the state’s witnesses prepared to testify? Even if the evidence is pretty clearly against you, an experienced attorney may be able to negotiate a better plea agreement than you might on your own.

As with any crime, do not discuss your case with the police or anyone else. Any statements you make can be used against you and may complicate 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 false impersonation, false personation, impersonating an officer | Leave a comment

CAN THE POLICE USE LICENSE READING CAMERAS TO CATCH CRIMINALS? IN ONE ILLINOIS COMMUNITY, THEY ALREADY ARE

Posted on November 28, 2011 by admin

Your mobile phone isn’t the only thing getting more technologically sophisticated. So too are police crime-fighting techniques. In October, the Belleville, Illinois police department began catching criminals by using an automated camera to read license plates.

The $17,000 automated license reader is placed on top of an unmarked car. As drivers pass by, the reader checks for matches against plates associated with arrest warrants or other criminal activity. When a match is found, nearby officers move in for the arrest.

In its first four hours, the Belleville reader captured seven local and eight out-of-state warrants, led to 56 stops and one arrest for violating an order of protection.

From a civil liberty point of view, this new use of technology is pretty alarming. A casual trip to the mall can turn into a trip to jail even if you did not give police probable cause to stop you.
If you are stopped because of a camera, what can you do?

As with any police stop, the less said the better. If you are taken into police custody, you should specifically say “I wish to remain silent and I want an attorney,” in order to trigger your Miranda rights (or the officers can keep questioning you). Any attempt to explain yourself could unwittingly give police the evidence they need to convict you.

If you are arrested, you should contact an experienced criminal law attorney immediately. Even if an automated reader made it easier to catch you, the state must still prove you guilty beyond a reasonable doubt. An experienced attorney can probe for weaknesses in the state’s case in hopes of winning a dismissal. Even if the evidence against you is overwhelming, the attorney may be able to obtain a better plea bargain for you than you could get on your own.

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

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

Posted in arrest, arrest warrant, automated camera, traffic stop, vehicle search | Leave a comment

ILLINOIS AGGRAVATED BATTERY LAW

Posted on October 17, 2011 by admin

In Illinois, you commit simple battery if you knowingly, without legal justification, physically hurt another person or cause contact of an offensive nature, such as grabbing at them. Simple battery is a Class A Misdemeanor, punishable by up to 1 year in jail.

But there is a whole host of ways in which simple battery can be upgraded to a more serious aggravated battery charge. Aggravation can be based on the type of injury, the type of victim or the place of the offense. Charges can range from a Class 3 to a Class X Felony with a penalty range of 3 to 60 years in prison. If guns are involved, you could face a minimum prison term of 20 years and have up to 25 years added to any sentence if you harmed a child under the age of 13.

You can be upgraded to aggravated battery if you knowingly strangle someone or cause great bodily harm, disfigurement or severe and permanent disability. This includes injury from a bomb, flammable gas, poison or throwing a caustic substance such as lye at someone.

Even if the injury was not severe, aggravation can be based on the victim’s status. It is aggravated battery to harm a child, mentally retarded or handicapped person, pregnant woman, senior citizen over age 60 or a teacher. The charge is also enhanced if you harm a State of Illinois or school district official, police officer, firefighter, community policing volunteer, prison official or security guard when they are performing their duties or if you are retaliating against them because of those duties. Persons protected also include taxi drivers while on duty or a merchant detaining you for retail theft. And as of January 1, 2014, the Illinois legislature added nurses in the performance of their duties to the list.

You can be charged with aggravated battery if the offense took place in a public place, a sports venue or a domestic violence shelter.

There are also enhanced penalties for shooting someone with a gun or machine gun.

If you are charged with battery or a similar offense, contact a criminal law attorney immediately. Do not speak to the police or anyone else about your situation either orally or by electronic media such as texting or Facebook. Just like in the cop shows, anything you say may be used against you. A criminal law attorney can carefully review the law and the evidence against you to help devise the best strategy for your defense. Maybe you were acting in self defense. Maybe the firefighter you hurt was off duty.

Even if the evidence is overwhelming, an experienced attorney may 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

(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 aggravated assault, aggravated battery, Class 1 Felony, Class 2 felony, Class 3 felony, class 4 felony, Class X Felony | Leave a comment

“I HIT A COP!:” AGGRAVATED ASSAULT OR AGGRAVATED BATTERY TO AN OFFICER IN ILLINOIS

Posted on October 13, 2011 by admin

You must have been really drunk because you don’t remember what happened. But apparently, you went berserk and hit a police officer. The officer even ended up in the emergency room. Now, you are charged with aggravated battery.

What is the law? What can you do?

In Illinois, you can be charged with aggravated assault if you knowingly cause a police officer to reasonably fear that you are going to cause bodily harm while the officer is performing their duties. For example, maybe you threatened to hit the officer or you pointed a gun at them. Aggravated assault is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you used a gun, blackjack, shotgun or other weapon in threatening the officer, you can be charged with a Class 4 Felony, punishable by 1 to 3 years in jail.

If you actually harm the officer or make contact of an insulting nature such as grabbing at them, you can be charged with aggravated battery. If you did not cause great bodily harm, disfigurement or permanent disability, the charge is a Class 2 Felony, punishable by 3 to 7 years. If the police officer was seriously harmed, you can face a Class 1 Felony, punishable by 4 to 15 years. If you hurt the officer while shooting a gun, you are now eligible for a Class X felony, with a mandatory minimum prison term of 15 years. If you used a machine gun, the minimum prison term increases to 20 years.

As you can imagine, prosecutors and judges take attacks on police officers very seriously, but your situation may not be hopeless.

If you are charged with aggravated assault or aggravated battery to an officer, contact an experienced criminal law attorney immediately. As with other crimes, the State must still prove you guilty beyond a reasonable doubt. An attorney can help review your options for a defense. For example, Illinois law requires that you knew the person was an officer and that they were engaged in their official duties. If the officer was off duty or in plain clothes, you may have a defense.

Even if the evidence against you is overwhelming, an experienced attorney, familiar with the judge and prosecutors, may be able to negotiate a more beneficial plea bargain than you could on your own.

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

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

Posted in aggravated assault, aggravated battery, aggravated battery of an officer, assault, battery, Class 1 Felony, class a misdemeanor, Class X Felony | Leave a comment

IMPERSONATING PUBLIC OFFICIALS: BIG TROUBLE

Posted on October 8, 2011 by admin

Pretending to be someone you are not may bring you applause on stage and screen, but in real life, impersonation can be a serious criminal offense.

Illinois prohibits impersonating a police officer, firefighter, emergency management worker, attorney, veteran, parent/legal guardian or airplane pilot. The State takes these offenses so seriously that some laws were toughened in 2006 with unanimous House legislative approval in response to a Chicago Sun-Times series reporting that more than 1,000 police impersonations had taken place in Illinois within a three year period.

In Illinois, falsely and knowingly impersonating a peace officer is a Class 4 felony, punishable by 1 to 3 years in jail and a $25,000 fine. Besides police, a peace officer includes U.S. Marshals, Internal Revenue Service, postal service, drug enforcement and immigration employees. If you were using a vehicle with flashing or oscillating lights, the charge is upgraded to a Class 2 felony, punishable by 3 to 7 years and a $25,000 fine. If you were carrying a deadly weapon, the charge is a Class 3 felony, punishable by 2 to 5 years and a $25,000 fine. If you were engaged in a felony, you could be charged with Aggravated False Personation of a Peace Officer, a Class 1 or Class 2 felony, depending on the nature of the crime. The impersonation charge would be in addition to any charges brought for the underlying felony.

Even duplicating a law officer’s badge is illegal. You can be charged with a Class A Misdemeanor, punishable by up to 1 year and $2,500 for making, selling or distributing false law enforcement badges, unless they are used for a memento or collection, exhibition, decoration or dramatic purpose such as for a play.

Impersonating a firefighter is also a Class 4 felony, upgraded to a Class 3 if you were carrying a deadly weapon and to a Class 2 for Aggravated Personation if you were committing a felony at the time.

Impersonating an emergency management or American Red Cross worker is a Class 4 felony, unless you were engaged in a felony, in which case it is Aggravated Personation and a Class 3 felony.

Anyone who pretends to be a pilot, airline employee or a contractor to gain access to restricted areas of the airport can be charged with a Class 4 felony. Impersonating an attorney is also a Class 4, while falsely presenting yourself as a parent or legal guardian to a public or school official is a Class A Misdemeanor.

If you were thinking that pretending you are a veteran will help you get a job, you could be charged with a Class A Misdemeanor.

If you are charged with impersonation, contact an experienced criminal law attorney immediately for help. Do not discuss your case with the police or anyone else. Any statements you make can be used against you and may complicate your defense. Remember, the state must prove you are guilty of the offense beyond a reasonable doubt. An experienced criminal law attorney can review your situation for weaknesses in the state’s case and help devise the best possible 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 Class 1 Felony, Class 2 felony, Class 3 felony, class 4 felony personation of a police officer, class a misdemeanor, impersonation of public official, personation of a fire fighter | Leave a comment

BIGGER TROUBLE: FLEEING AND ELUDING POLICE IN ILLINOIS

Posted on September 21, 2011 by admin

You’ve seen it in all the cop shows. The police take off on a high speed chase after the fugitive. Of course, you never dreamed you would be starring in your own action movie, but when you saw the police, you just panicked.

So, what exactly is fleeing and eluding an officer, and what can happen to you?

In Illinois, you can be charged with a Class A Misdemeanor, punishable by jail time of up to one year and losing your license for up to six months, if you flee or attempt to elude a police officer. (625 ILCS 5/11-204.) If you are charged with aggravated fleeing, the penalties are even stiffer. Aggravated fleeing is a Class 4 felony, punishable by one to three years in jail, your license could be revoked and your car seized. (625 ILCS 5/11-204.1.) If this is a second or higher offense, the penalties increase.

And all this is on top of whatever other crime you may have committed. Plus, you may be convicted for fleeing and eluding even if the underlying offense is dropped.

To flee and elude, you must have received a visual or audible signal by a uniformed officer directing you to stop. If the officer is in their police car, they must activate their lights as well as their siren. If you willfully fail to pull over or you speed up or turn out your lights, you could be convicted.

Fleeing and eluded is upgraded to an aggravated offense if you speed more than 21 miles over the limit, cause bodily harm to a person, cause more than $300 in property damage or run more than two traffic control signals.

If you are charged with fleeing and eluding as with any other offense, you should contact an experienced criminal law attorney immediately. The attorney can assist at your bail hearing to petition the judge to set a reasonable bond. An attorney can also analyze your case to present your best possible defense. As with any offense, the state has the burden of proving the elements of the crime beyond a reasonable doubt. Did the officer properly signal? Was he or she in uniform? Did they properly activate their lights and siren? Did you know they were trying to pull you over?

Even if the evidence against you is overwhelming, an attorney can help negotiate a better plea bargain than you might receive on your own.

As with any other criminal offense, do not make statements to the officer or any third party about your case. Attempting to explain yourself might end up giving the prosecution exactly the evidence needed to convict. Do not talk about your case on any social media such as texting, email or Facebook. The prosecutor could get copies of your statements and use them against 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 4 felony, class a misdemeanor, eluding police, fleeing the scene, fugitive | Leave a comment

I HAVE BEEN CHARGED WITH A CRIME IN ILLINOIS:. COULD I GO TO JAIL?

Posted on September 14, 2011 by admin

We hear this question from clients all the time. Naturally, if you are charged with a crime, the prospect of serving time is frightening. Whether you will be sentenced to jail, however, depends on a variety of factors. The good news is that while many crimes carry possible prison sentences, courts frequently do not impose jail time for misdemeanor first-time offenders.

In Illinois, beginning with a Class C Misdemeanor, you can be sentenced for up to 30 days in jail. A Class B Misdemeanor carries a possible 6 months penalty, and Class A can mean confinement for up to a year. In Cook County, if you are a first time misdemeanor offender, it is highly unlikely that you will receive any jail time. Instead, you may have to take classes, pay a fine or do community service.

On a second offense, however, your chances of jail time increase substantially, but even then, your sentence depends on the nature of the offense, your background and the judge. An experienced attorney can present your case to the judge in the most favorable light, highlighting positive facts about your background. In some cases, the attorney can still successfully negotiate a plea agreement where you would perform community service, receive treatment and/or pay fines in lieu of jail time.

For a first time DUI with no injuries, there is a strong possibility that you will not serve time in jail. For a second DUI offense, your chances of a jail sentence increase substantially, but even then it depends on the circumstances of your case. If you are driving on a suspended license due to an underlying alcohol-related offense, Illinois law does require jail time, although you may be able to do community service instead of jail on a first offense.

Felonies are punishable by at least one year in state prison. Felony offenses range from Class 1 to Class X, with Class X being the most severe. Class X felonies are punishable by a minimum of 6 years. Your chances of receiving jail time are much greater than with a misdemeanor, but you may be eligible for probation under certain limited circumstances.

If you violate a sentence of supervision or probation, you have a very high risk of receiving jail time, and you should contact an attorney immediately. Showing up for a violation hearing without legal counsel sounds a signal to the judge that you are not taking the process seriously. In cases of this sort, it is not unusual for judges to conclude that only a trip to county jail will help you focus on your problem.

In all cases, you should consult an experienced criminal law attorney immediately to discuss the best strategy for your situation. Depending on your particular circumstances, an attorney may succeed in getting your case dismissed, such as through a motion to quash a search due to inadequate probable cause. An attorney can also help determine if your case is winnable at trial.

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 driving on a suspended license, dui, felony, jail time, misdemeanor, sentencing, violation of probation, violation of supervision | Leave a comment