“I HOSTED AN UNDERAGE DRINKING PARTY!”: YOUR RESPONSIBILITY AS A PARENT

Posted on June 16, 2010 by admin

You left your otherwise responsible 17-year-old son home for the weekend. While you were gone, your son and his friends held a party, taking advantage of your liquor cabinet. When your son’s friend drove away drunk from your home, he hit another car and now, under Illinois’s social hosting statute, you are charged with criminal penalties for providing the alcohol.

What is the law?
Under Illinois law, you may be guilty of a Class A Misdemeanor, punishable by up to a year in jail and/or a $1000 fine, if you knowingly provide alcohol to someone under the age of 21 other than your own child. If serious injury or death occurs, you can be charged with a Class 4 felony punishable by up to 3 years in prison and a $25,000 fine. If injury or death occurs, you can also be civilly liable for having provided the alcohol.

You are considered to have knowingly authorized the use of alcohol if you fail to control access to the liquor cabinet in your residence. Therefore, under Illinois law, you could be at fault simply for leaving your liquor cabinet available while you were away.

What can you do? If you are charged with providing alcohol to minors, seek the advice of an attorney immediately. Do not give any statements to the police or anyone else. What you think is a reasonable explanation might be enough to convict you later. Refrain from discussing this matter in person or electronically via texts, email or any Facebook-type pages.

Because you may also be civilly liable for any injuries, it is critical that you vigorously defend any criminal charges. A guilty verdict in a criminal case can become a foregone conclusion in a civil matter, which has a lower burden of proof. An experienced attorney can help develop a strategy for your defense. Maybe you did not knowingly provide the alcohol. Maybe the alcohol did not come from your home, or your enterprising son picked the lock of your liquor cabinet. Under many village statutes and state law, there is also a limited exception for religious services.

Municipal Penalties. In addition to state penalties, many municipalities have their own penalties. For example, in Skokie, you may not allow an underage person who has drunk alcohol in your home to leave except in the care of their guardian. In Wilmette, you may allow your own child to drink in your home, but you may not allow that child to leave while still under the influence of alcohol. Furthermore, in Wilmette, you cannot allow someone else’s child to remain on your premises while possessing or drinking alcohol.

In Evanston, you may not knowingly permit a gathering of two or more minors to possess or drink alcohol. You cannot intentionally, knowingly, recklessly or negligently give or deliver alcohol to a minor or invite someone under age 18 to have alcohol on your premises. If you know there is a substantial probability that your child may drink, you must restrain him or her from driving or from committing other illegal acts, such as theft or vandalism.

The City of Park Ridge has taken the issue of underage drinking parties so seriously that police have formed a Parent Party Patrol to assist police with reports of underage drinking.

If you have any questions about your situation, please do not hesitate to contact Matt Keenan at 847-568-0160 or 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 arrest, class 4 felony, class a misdemeanor, criminal charges, driving while under the influence, drunk driving, dui, evanston, parent hosting, skokie, social hosting, underage drinking, wilmette | Leave a comment

IN TROUBLE AGAIN: WHEN YOU HAVE VIOLATED YOUR PROBATION OR SUPERVISION

Posted on May 7, 2010 by admin

You figure you have the worst luck imaginable. You received a supervision on your first-time misdemeanor or DUI, or maybe you received probation on a felony. All you had to do was stay out of trouble. But now you’ve been called in for random drug testing, and you know the drop won’t be clean. Or maybe you were pulled over for running a stop sign, and the cop smelled that little bit of beer you had.

Now you have a double whammy: A new criminal case along with the reopening of your prior case.

Often on first offenses, a court will sentence defendants to a term of supervision or probation for a set length of time. This term may have certain conditions such as random drug testing. Probation or supervision, however, always requires that you stay out of trouble with the law. Therefore, even if you are suspected of committing a crime or if you have committed a relatively minor offense such as a retail theft, the court can now re-sentence you on the first offense, which can mean significantly stiffer fines or even a jail term. And that still doesn’t take care of your new arrest.

What can you do? If you violated supervision or probation, you should contact an attorney right away in order to protect your rights as much as possible. Do not speak to police or anyone else, either in person or electronically, about your case. Any explanation you might try to give may only land you in more trouble and may eliminate a possible line of defense. Do not discuss your case through texting, email or on any Facebook-type pages.

An experienced attorney can help you with the delicate balancing act between the violated case and the new case. Sometimes, an attorney will attempt to delay completing the violation case until the new charges can be resolved. If the attorney can get the new charges dismissed, you might receive a substantially reduced penalty in the prior case or the prior case might even be dropped. Even if the evidence on the new case is overwhelming, an experienced attorney can help obtain a better deal for you in both cases.

If you have any questions, please feel free to 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 arrest, criminal charges, criminal law, first offense, resentencing, retail theft, second offense, violation of probation, violation of supervision | Leave a comment

‘IT JUST POPPED OUT!”: WHEN YOU ARE ACCUSED OF HATE SPEECH

Posted on April 16, 2010 by admin

You really can’t stand this one student at your school. You think he is obnoxious. One day, the two of you got into a screaming match. In the heat of the moment, you called him a certain stereotypically derogatory name. The next thing you know, your college or high school has notified you that you are being charged with hate speech and might be suspended.

If the alleged hate speech occurred while committing a crime, you may even be liable for increased penalties as a hate crime. Maybe you spray-painted a name on the side of someone’s door, or you repeatedly called or texted someone, while using derogatory terms about that person’s race, religion, disability, gender, ethnicity or sexual orientation. Under Illinois law, you can be charged with a felony, receive additional fines and still be sued in civil court.

What can you do?

First and foremost, do not make any statements to the police or the school, before consulting an attorney. Any attempt to explain or justify your actions may be used against you and jeopardize your defense. What sounds like a truthful explanation to you may only dig you in deeper.

You should also not discuss this situation with anyone either in person, on the phone or electronically. Any texting or Facebook discussions of the event could end up as evidence in a suspension hearing or in a court of law.

To fight the suspension, an experienced attorney can help review your school’s policy manual. How is your offense defined in the policy manual? Does the school distinguish between events on and off school grounds? Did the school follow its own procedures in citing you? Are the proposed sanctions against you too severe under the school’s own guidelines?

In a criminal case, the State has to prove that you are guilty of a hate crime beyond a reasonable doubt. Can the State prove that it was you who spray-painted the house or sent the text messages? Was your crime really based on the perceived or actual race, gender, religion, disability, ethnicity or sexual orientation of the victim?

Are your words really even hate speech? One person’s idea of hate speech might be constitutionally protected expression in another context. The very definition of hate speech can be vague and elusive.

Even if the evidence against you seems overwhelming, an attorney may help you work out a reduced punishment or a plea to a lesser charge.

A qualified attorney can best help you evaluate your options and develop a strategy for your case. If you have questions about your situation, feel free to 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 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 felony, college discipline, criminal charges, hate crime, hate speech, phone harrassment, suspension, texting harrassment | Leave a comment

“THEY SUSPENDED MY LICENSE!”: ALCOHOL AND THE UNDERAGE DRIVER

Posted on March 10, 2010 by admin

Now that you have your own set of wheels, you feel really cool. So after school, you thought you’d take your friends for a night on the town. You were watching the road, so you didn’t realize your buddy in the back seat had popped open a beer. You yourself had a beer, but you figured you were way under the state’s .08 alcohol limit.

Unfortunately, an officer pulled you over. Now, you are charged with an alcohol-related driving offense and face the suspension of your driver’s license.

Under the Zero Tolerance policy, the Illinois Secretary of State will automatically suspend the license of any driver under age 21, who has been caught drinking or even carrying open alcohol in the passenger compartment of their car. You need not be anywhere close to the .08 breathalyzer limit to lose your license. Any trace of alcohol in your system is enough, even a .01 reading.

You may also lose your license for having open alcohol in the passenger section of your car, even if the bottle wasn’t yours. If it is your bottle, you face a charge of illegal possession. But if it is not, you can still be charged with illegal transportation, causing the loss of your license for 12 months on a first offense.

If you are under the age of 21 and have been charged with an alcohol-related crime, you should immediately seek the advice of an attorney. You may be able to contest the charges against you. Maybe the officer lacked the probable cause to pull you over. Maybe you can negotiate a plea to a lesser offense.

Even if you are convicted of an alcohol-related offense, you may be able to obtain a restricted driving permit. The Secretary of State allows you to request a hearing to determine if you have a sufficient hardship to grant the permit. Primarily, permits are granted to allow you to go to work or to obtain medical care.

If you have been charged with a crime, it is essential that you not speak about these charges with anyone, either in person or through electronic means such as twitter or Facebook. Any statements you make to the police or a friend can come back to hurt your defense.

If you have questions about your situation, feel free to 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 blood alcohol limit, breathalyzer, criminal charges, criminal law, driving while under the influence, drunk driving, dui, Illinois zero tolerance policy, skokie | Leave a comment

“I JUST PANICKED!”: WHEN YOU ARE CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT

Posted on March 4, 2010 by admin

You honestly just never saw him until you heard the thud. Maybe you struck a pedestrian, or maybe it was another car. Startled, you drove away instead of stopping like you knew you should. Now, somehow the cops have found where you live. And what might have been a routine traffic ticket is now elevated to a misdemeanor or even a felony. What can happen to you? What can you do?

In Illinois, if you are involved in a motor vehicle accident resulting in personal injury or death, you must immediately stop at the scene of the accident and remain there until you have provided your name, address and registration to the person you struck. Furthermore, you must provide reasonable assistance to the injured, including, if necessary, carrying them to a doctor. You also must file a police report within one half hour of the accident or of being released from a hospital.

If you have only damaged the other person’s car, you must still immediately stop and provide your information to the other driver.

In accidents involving injury or death, a failure to stop can result in a Class 4 felony, punishable by one to three years in prison. If you fail to file a police report, you may be charged with a Class 2 felony, punishable by 3 to 7 years. If the other party died, you are now subject to a Class 1 felony, punishable by 4 to 15 years. When the accident only involves property damage, you may still be charged with a Class A misdemeanor, punishable by up to one year in jail plus a fine.

If you are charged with leaving the scene, you must not speak about your situation to the police or anyone else. You should also refrain from discussing your problems through any electronic media such as Twitter, email or Facebook. Even though the police may have tracked down your vehicle, the state still has the burden of proving that you were the one driving beyond a reasonable doubt. Without your statements, the State may not be able to meet this burden.

If police are looking for you, contact an attorney immediately to help protect your rights. If you are in custody, ask to speak with an attorney and do not make any statements. Police may try to persuade you to confess by promising that they will give you a break. However, the police may not be authorized to reduce or drop the charges, and your statements can still be used against you.

If you have questions about your situation, feel free to 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 class a misdemeanor, criminal charges, criminal law, fleeing the scene, leaving the scene of an accident, traffic offense | Leave a comment

‘BUT I WASN’T ON CAMPUS!”: WHEN YOU ARE DISCIPLINED AT COLLEGE FOR AN OFF-CAMPUS CRIMINAL CHARGE

Posted on February 10, 2010 by admin

You had a little too much fun one night at the pub downtown. As you struggled to drive home, you blew a stop sign and next thing you knew, you were pulled over for DUI. Or maybe you were involved in some off-campus drug sales, or you shoplifted at the local grocer’s. In any event, you now face criminal charges, but still you hope to continue your studies and get on with your life.

Then you receive an unpleasant surprise. The University is charging you with violating their student code. While it may seem that what you do off-campus should stay off campus, many schools have extended their reach to off-campus behavior. Some schools prohibit all alcohol, drugs or even cigarettes, no matter where you used them. Showing up for class under the influence may be enough to get you expelled. Some schools’ codes even contain a catch-all provision, which prohibits violating any state, federal, or local law

What can you do? First, you need to determine if your offense falls within the university’s guidelines. An experienced attorney can help navigate the language of the Student Code to determine if the school has grounds to charge you. Even if they do, perhaps the school failed to follow its own procedural guidelines. Did they give you the proper notice? Are you getting the safeguards promised in the student code? An attorney can also help evaluate the evidence against you. If the criminal charges are later dismissed or you are found not guilty, the school may lack the proof necessary to show that you actually committed the violation.

If you find yourself charged with a crime or notified of a discipline offense, contact an attorney immediately. Do not speak to anyone or discuss your situation electronically on any chat room or Facebook-type pages. Any statements you make can later be used against you or can lock you out of a possible defense in both the criminal and university cases. If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related school law blog at http://northshoreschoollaw.com.

Posted in college discipline, criminal charges, discipline charges, driving while under the influence, drug dealing, drugs, dui, education law, retail theft, student code of conduct, university discipline | Leave a comment

“MY LOVED ONE HAS BEEN ARRESTED!”: POLICE CUSTODY AND THE BOND HEARING

Posted on January 28, 2010 by admin

You just got a phone call from your loved one. Somehow, they were picked up by police and are now in custody. Your loved one is scared and begging you for help. What happens next and what can you do?

In Illinois, if your loved one has been picked up for a relatively minor offense and has a clean record, they may be eligible for an I-Bond. That means they can leave the police station on their personal promise that they will appear in Court.

But what if the situation is more serious? In that case, your loved one may be held over for a bond hearing until the earliest possible court business date. At the hearing, a Judge will decide how much money a criminal defendant must post in order to be released from police custody. If your loved one had the bad fortune to be picked up on a Friday night, they may have to spend the weekend in jail.

If you receive that distressed call, you are best advised to contact an attorney immediately. An attorney can visit your loved one in the police station, advise them not to talk to police and notify the police that they are represented by an attorney and will not answer questions. Timely intervention can help prevent your loved one from caving into police pressure and providing the evidence needed for a conviction.

An attorney can also play an important role at the bond hearing. At the hearing, the State will likely argue that a high bond or bail should be set. In Illinois courts, such as the Circuit Courts at Skokie, Rolling Meadows and Maywood, your loved one will have to post 10% of any bond that the Judge sets in order to be released. The bond may be set so high that your loved one has no hope of making it and must then remain in jail. An experienced attorney may be able to assess which arguments are most likely to sway a particular Judge to lower bail.

If you have questions or need immediate assistance, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com for advice.

Posted in arrest, bail, bond hearing, criminal charges, criminal law, Maywood, police custody, Rolling Meadows, skokie | Leave a comment

“THE POLICE ARE LOOKING FOR ME”: WHEN YOU ARE A SUSPECT OR FEAR ARREST

Posted on January 5, 2010 by admin

You just got a phone call from your roommate. Some police officer showed up looking for you. As it happens, you actually do know why they want to talk. Maybe you were involved in a crime like a robbery, hit and run, shoplifting or drug deal. Maybe you sexted someone or downloaded other inappropriate sexual materials. Or maybe you didn’t actually commit a crime but are afraid the police might view you as an accessory. You can’t skip town and you can’t hide out forever. What can you do?

For starters, you should probably contact an attorney immediately. A competent attorney may provide invaluable guidance that helps prevent you from incriminating yourself, while staying within the bounds of the law. In limited cases, this advice can help prevent charges from ever being brought.

Now maybe you’ve made that appointment to get legal advice, but fear you may be arrested before you can step into the attorney’s office. Whatever you do, don’t talk to the police or anyone else about your situation. When confronted with an accusation, most people feel the need to explain or justify themselves. What may seem like a perfectly reasonable explanation to you, however, may be exactly the grounds needed by police to charge you with the crime. Even comments made to friends can be used against you later. Witness statements that you admitted a crime are not necessarily hearsay and can dig you in deeply.

If you are picked up and held for questioning or charged with a crime, tell the police that you do not wish to answer any questions without an attorney present. It is even more imperative that you not discuss the circumstances of the crime with police before you have seen an attorney. This, at times, may be difficult. The police can legally leave you sitting for hours in a cold room after you have refused to talk. Or they might make promises of leniency if you will only open up. It is in your best interest, however, not to start talking. The state has to prove you guilty of a crime beyond a reasonable doubt. Once you start talking, you may unwittingly remove any doubts about your guilt and severely limit the options your attorney has in defending you. And as to the promises of leniency, the police do not always have the final control over how you are charged or sentenced.

Due to the latest technology such as email, textng and Facebook, it is equally important that you not “talk” electronically. The state may be able to get copies of your text messages, email or Facebook account to see what you have posted. Likewise, they can get cell phone records and in some cases voicemail recordings. Any statements you make in these forums can come back to haunt you.

If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Posted in arrest, criminal charges, criminal law, drug dealing, drugs, retail theft, robbery, sexting, shoplifting, suspect | Leave a comment

‘I THOUGHT I WOULD HAVE THE MONEY”: WHEN YOU BOUNCE A CHECK DUE TO INSUFFICIENT FUNDS

Posted on December 28, 2009 by admin

You have never been very good about managing money, but somehow you have always put enough money in your checking account in time for your checks to clear. Until now. You just wrote some checks, figuring you’d have the money in the bank before they went through, but somehow it just didn’t happen. Now you are being charged with a Class A Misdemeanor or possibly even a Class 4 Felony for issuing bad checks.

In Illinois, you may be guilty of a deceptive practice if you issue a check exceeding $150.00 in payment for credit, property, labor or services, knowing that you have insufficient funds, and if you failed to make the check good within seven days of receiving actual notice that your check has bounced. You are presumed to have the necessary intent to defraud if your check bounces two times at least seven days apart, or if you didn’t have enough funds to cover your check when the check was delivered. When you are hit with a Class A Misdemeanor, you face a maximum of one year in jail and a $1,000 fine. A Class 4 Felony is punishable by 1 to 3 years in state prison and a larger fine. Plus, the person who received the check can still sue you in civil court.

What can you do? First and foremost, do not make any statements to anyone, especially police. Any attempt to explain or justify your actions may be used against you and jeopardize your defense. What sounds like a reasonable excuse to you may only dig you in deeper with police.

Once at court, an experienced attorney can help you weigh your options. Under some circumstances, you may be able to prove that you lacked the intent required under the statute. Maybe someone bounced a check to you putting your own account in the hole.

But what if you really knew your checks would bounce? An attorney can still help you negotiate a plea agreement. In some cases, a number of individual counts may be dismissed in exchange for a guilty plea to one of the charges. In any event, the state must prove you guilty beyond a reasonable doubt, and an attorney can help assess whether the state has enough evidence to do so.

In this job market, a deceptive practices charge on your record could cost you a lot more than a fine or some jail time. You might lose a great job opportunity as well. It is imperative that you explore your options with a qualified attorney. If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

Posted in bounced check, class 4 felony, class a misdemeanor, criminal charges, deceptive practices, insufficient funds | Leave a comment

I HAVE A FELONY. WHAT CAN I EXPECT?

Posted on December 3, 2009 by admin

You saw some designer jeans that you couldn’t resist, so you stuffed them into your bag. When store security stopped you, the merchandize you had shoplifted cost more than $150, enough to make your offense a Class 3 felony in Illinois, punishable by a prison term of 2 to 5 years. Or maybe your crime involved an offense such as carrying drugs, concealing a weapon, committing a battery, burglarizing or even getting stopped for DUI one time too many.

These offenses and more can result in your being charged with a felony. In Illinois, a felony can range from a Class 1 to a Class 4. In addition, Class X felonies are reserved for particularly severe offenses such as murder and sexual assault on a child. Penalties for a first offense in many cases may still result in probation, but some felonies carry mandatory minimum prison terms. If convicted, a Class X felony calls for a mandatory minimum term of 6 years.

If you are charged with a felony, what kind of legal procedures can you expect? In the Circuit Court of Cook County, such as the Skokie or Maywood courthouses, after going into custody, you will be granted a bond hearing. At the bond hearing, the court will set the amount of bail necessary to permit your release from jail. In all likelihood, the State will argue for the Court to set the highest bond possible, or in some cases, to deny bond altogether. An experienced attorney can help present those factors most likely to persuade a particular judge to set a reasonable bail.

About a month after the bond hearing, your case will be set for a preliminary hearing, that is a hearing to establish whether the police had probable cause to charge you. An experienced attorney can help by asking the right questions to create doubt about whether the police had a valid reason to stop you. A successful preliminary hearing can result in the charges being dismissed.

At the next court date, you will be brought for arraignment, where you enter a plea of guilty or not guilty. If you plead guilty, you will automatically give up many of your rights, such as the right to test the evidence against you. Your case may then be over, but you may end up with a stiffer penalty than if you fight the charges. If you enter a not guilty plea, the process of discovery begins. Your attorney will ask to see any evidence against you. After assessing this evidence, the attorney may negotiate a plea agreement or take your case to trial.

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. It is important that you not speak about this case with anyone other than an attorney, so as to avoid jeopardizing any defense you may have. Any communications about a case on Facebook or similar web pages should be removed.

Posted in arraignment, Class 1, Class 4, Class X, cook county courthouse, felony, Maywood, skokie | Leave a comment