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

“BUT IT’S JUST A LITTLE WEED!”: WHEN YOU ARE CHARGED WITH POSSESSING AND/OR DEALING MARIJUANA

Posted on February 9, 2011 by admin

You like to relax every once and while, and sometimes you even make a little money on the side selling pot. Unfortunately, one of your clients turned out to be an undercover cop. You are now facing charges for the possession and delivery of marijuana.

What can happen to you, and what can you do?

While controversy abounds about whether marijuana is any worse than drinking alcohol, state law treats marijuana possession as a crime. The degree of the offense along with the penalty ranges with the amount of cannabis. If you have less than 2.5 grams of any substance containing cannabis, you can be charged with a Class C misdemeanor, punishable by up to 30 days. From there, the offense level steps up a degree for each increase in quantity. For example, 10 to 30 grams is a Class A misdemeanor punishable by up to a year in jail, 30 to 500 grams is a Class 4 felony punishable by 1 to 3 years, and possessing more than 5,000 grams merits a Class 1 felony, punishable by 4 to 15 years. (Source: 720 ILCS 550/4.)

The charges stiffen if you deal or intend to deal cannabis. Then, under 2.5 grams is a Class B misdemeanor while 10 to 30 grams is a Class 4 felony, 30 to 500 grams is a Class 3 felony with a 2 to 5 year sentence and up to a $50,000 fine, and more than 5,000 grams becomes a Class X felony punishable by 6 to 30 years and up to a $200,000fine. (Source: 720 ILCS 550/5.) The charges also increase if this is not your first offense or if you should commit your offense within 1,000 feet of a school or any conveyance used by a school such as a school bus. (See 720 ILCS 550/5.2.)

So what can you do? As in other crimes, the state must still prove the offense beyond a reasonable doubt. In this case, the state must prove that you knowingly possessed or delivered the marijuana. Did you know what it was? Does it belong to someone else? Did someone else have access to the place where the marijuana was found? Case law on these questions can be very fact specific. An experienced criminal law attorney can help determine whether you have a viable defense.

As with other offenses, police must have probable cause to search your premises or make an arrest. Was an informant involved and how reliable was that informant? Did any search warrant properly describe the premises where the marijuana was found? Again, an experienced criminal attorney can evaluate the circumstances of your arrest to help prepare your defense.

Even if police followed proper procedure, and the evidence is strongly against you, an experienced attorney may be able to negotiate a more favorable plea agreement.

If you have questions about these charges or other criminal matters, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related DUI blog at http://duilawyerskokie.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 cannabis, dealing of cannabis, drugs, marijuana, possession of marijuana, possession with intent to deliver, weed | Leave a comment

CAN THEY SEARCH MY CAR? YOUR RIGHTS DURING A TRAFFIC STOP (BEFORE AN ARREST)

Posted on January 11, 2011 by admin

You were a little preoccupied while driving home late one night and missed a stop sign. Unfortunately, a police officer spotted you and pulled you over. After taking your license, the officer asked you to step out of the car. Suddenly, he began questioning you and searching your car. At this point, he turned up some marijuana seeds, and you are now on your way to police lock up.

Can the officer do that? What are your rights?

Generally, police can search your car without a warrant and before an arrest as long as they have probable cause to believe your car contains illegal articles such as drugs, weapons or burglary tools. Police can search anywhere in your vehicle, even by opening containers. Be advised that making “furtive”movements may be enough to trigger that probable cause, particularly if you look like you’re trying to hide something.

Unfortunately, recent U.S. Supreme Court decisions have chipped away at the rights of drivers to guard against police searches. The Supreme Court recently held that you do not have a legitimate expectation of privacy in contraband. For example, police are now allowed to have a trained dog sniff your car for narcotics during a traffic stop without your consent because you have no privacy right in possessing illegal substances.

Furthermore, under recent Supreme Court law, police do not need a reasonable suspicion of criminal activity in order to question you about topics unrelated to your traffic stop as long as this questioning does not unduly prolong the time you are stopped. Before this decision, police could not change the fundamental nature of a traffic stop by questioning you on unrelated matters without this reasonable suspicion, but this protection was overturned.

If you are stopped by police, an officer should, but may not always, ask if he or she can search your car. You should always refuse any request to search. The officer may continue the search even without your consent. Your refusal, however, may later help your attorney bring a motion to quash the evidence turned up by the search.

You should also refrain from speaking to the police or answering any questions except about your name and address.

Once you have been arrested, the police may search the parts of your car that you could access if they reasonably believe they may find evidence related to the crime. If you are arrested for speeding, the police may lack the justification they need to search your passenger compartment, but if you are arrested for DUI, the police can search for alcohol.
If you have questions about this or another criminal law matter, please do not hesitate to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related post on our DUI blog at Can the Police Search My Car? Your Rights During a Traffic Stop?”.

(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 narcotics, probable cause, reasonable suspicion, search of car, search warrant, traffic offense, traffic stop, traffic tickets, vehicle search, warrantless search | Leave a comment

“THE POLICE ARE AT MY DOOR!”: WHEN THE POLICE HAVE A SEARCH WARRANT

Posted on January 5, 2011 by admin

You have just settled down to watch your favorite TV show, when there is a knock at the door. You ask who it is, and hear “Open up, police!”

Do the police need a warrant? What are your rights?

Under Illinois law, the police must request a search warrant from a judge to search your home for evidence except under certain circumstances. The police do not need a warrant if they have probable cause, and there are exigent circumstances, such as an emergency or the reasonable belief that someone inside needs aid. Other exigent circumstances include how recently the crime was committed, whether the suspect is armed or whether the suspect might escape if not quickly apprehended.

After police obtain a warrant, they must “knock and announce” their presence, unless they reasonably believe that doing so would be dangerous to themselves or others or would allow evidence to be destroyed.

Once the police knock at your door, you may ask to see the warrant. Any warrant must be particular and describe exactly what the police are looking for. The police are not allowed to go on a fishing expedition. Look to see what type of evidence they are seeking. For example, if they are looking for a stolen car or a suspect, they may not search your medicine cabinet, since the items they are seeking are too large to fit that small a space. The warrant must describe your premises reasonably correctly. If they have a warrant for your house and you have an unattached shed, they may not search the unattached shed.

The police, however, may take what they see in plain view. If they see drugs lying on the table, they can seize that evidence even if they were looking for a stolen TV or a person. One California case even held that police may look for marijuana plants growing in a fenced-in yard by flying over in an airplane!

If you have questions about a search warrant or other criminal matters, please contact Matt Keenan at matt@mattkeenanlaw.com or 847-568-0160.

(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, arrest warrant, search warrant | Leave a comment

WHAT A CRIMINAL LAW ATTORNEY CANNOT DO

Posted on December 14, 2010 by admin

In most criminal cases, an experienced attorney can help you make the best strategic choices for your defense. But no attorney can guarantee that you will fully escape punishment.

When you are charged with a crime, the state has the burden of proving you guilty beyond a reasonable doubt. A criminal defense attorney generally knows what the state will need to meet that burden. Did the police officers have probable cause to stop you? Did the police give you the appropriate warnings at the appropriate time? Can the state prove each element of the crime? Should a judge or jury disregard some evidence based on Illinois case law? For example, is some evidence more inflammatory than helpful in to proving the charges against you?

A qualified attorney can look at the evidence and advise you about your best options. Do you have a fightable case? Will you need to accept a plea bargain? Is there something you can do, such as attend a drug rehabilitation program, to get a more advantageous plea bargain?

What an attorney cannot do is change the facts of your case. If you are caught red-handed with narcotics, an attorney can look for loopholes in the state’s case but cannot change the fact that you were caught with the evidence.

An attorney cannot guarantee an outcome in a case. The attorney can help navigate the case in order to obtain a more favorable outcome, but can never fully guarantee that “you will get off.”

An attorney cannot make decisions for you. An attorney can advise you on the pros and cons of various options, such as whether to plead guilty or go to trial. But only you can decide the risks you are willing to take.

An attorney cannot select or control the judge. By having familiarity with a particular judge, an attorney may strategize the most persuasive way to present your defense. But ultimately, the judge makes any decision based on what the judge thinks is important.

The bottom line is that sometimes if you are guilty of a crime and the evidence is loaded against you, you may have to take the consequences. Sometimes that can mean going to jail. An attorney can help make sure that procedures are correctly followed and that your rights are protected. An attorney can look for ways to fight your case or help you get a better deal. But if the state can meet its burden of proof, an attorney cannot wave a magic wand and make your case go away.

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

(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 criminal law attorney, criminal offense | Leave a comment

NEW ILLINOIS CRIMINAL LAW ADDRESSES SEXTING OFFENSES

Posted on October 20, 2010 by admin

Illinois will have a new sexting law as of January 1, 2011. Governor Patrick Quinn signed this new section of the Illinois Criminal Code last summer. The new law tries to address the problems that arise when the development of technology outpaces the development of the adolescent brain.

Sexting is the electronic transmission of nudity or obscene photos to another party. Recent cases include teenagers who texted nude pictures of a girlfriend or boyfriend to their other friends. Even texting nude pictures of yourself can be a crime. Before the new law, prosecutors were forced to charge young offenders under stricter pornography laws that could have resulted in a lifetime designation as a sex offender.

Under the new law, any minor under age 17 who knowingly electronically transmits materials depicting nudity or other sexual conduct is subject to a Class B Misdemeanor, punishable by up to 6 months in jail and a $1,500 fine. If you are under 17 and you knowingly request another minor to sext for you, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you post the image on the Internet or a website for at least 24 hours with the intent of injuring another’s reputation or causing emotional distress, the charge stiffens to a Class 4 felony, punishable by imprisonment for 1 to 3 years.

The new law also permits a Judge to order an offender into a diversion program, such as counseling, that would look at the problems, which led to the sexting offense. If a minor commits a second violation, the Court can forbid the defendant the use of any electronic telecommunications device for up to six months other than for emergencies.

If you have questions about sexting or know someone who is facing sexting charges in Illinois, please feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related school law blog at http://northshoreschoollaw.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 Class 4, class 4 felony, class a misdemeanor, class B misdemeanor, criminal charges, criminal law, criminal offense, cyberstalking, pornography, sex offender, sexting, texting harrassment, Texting offenses | Leave a comment

‘I DON’T HAVE CAR INSURANCE!”: DRIVING WITHOUT INSURANCE IN ILLINOIS

Posted on October 6, 2010 by admin

Money is tight so something had to give. As a result, you didn’t pay your car insurance. Next thing you know, the police stopped you for speeding and also cited you for driving an uninsured motor vehicle.

What are the penalties, and what can you do?

In Illinois, if you actually had valid insurance the day you were stopped but simply didn’t have the proof on you, then you can show the judge your insurance card at court. The driving without insurance portion of your case will likely be dropped, although you may still need to fight any other violations.

If you did not have insurance and this is a first offense, you may be eligible for late compliance. You must then provide proof that you have valid insurance as of your court date. You may still be subject to a fine and court supervision.

If you had no valid insurance and do not qualify for late compliance, the penalties become more severe. Besides a fine of at least $500 for a first offense, you can lose your driver privileges for three months. Should you continue to drive, you can face greater fines and penalties. If you continue to drive on a license that was suspended for no insurance, you could be charged with a Class B misdemeanor punishable by a fine up to $2,000 and a jail term up to 6 months. You are best advised to consult an attorney regarding whether you have a defense. Even if you don’t, an experienced attorney may be able to obtain a more favorable plea bargain than you could on your own.

If you are considering faking your insurance card to get out of hot water, think again. If you show police a falsified card, you may be charged with a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. To convict you, however, the state must show beyond a reasonable doubt that you either knew you had no valid insurance or you knew that the evidence your presented had been illegally altered or otherwise invalid. An attorney can help you fight these charges.

If you have any questions about driving without insurance or other traffic or criminal matters, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

See our related DUI blog at http://duilawyerskokie.com.

SOURCE: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+3+Art%2E+VII&ActID=1815&ChapterID=49&SeqStart=52100000&SeqEnd=53500000

(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 class a misdemeanor, class B misdemeanor, drivers license suspension, driving without insurance, falsifying insurance, moving violations, uninsured driving, uninsured motorist | Leave a comment