“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

BUT I WAS BELOW THE BLOOD ALCOHOL LIMIT!: HOW YOU CAN STILL BE ARRESTED FOR DUI EVEN WITH A BREATHALYZER UNDER .08

Posted on November 2, 2009 by admin

You know you didn’t pause on that stop sign quite long enough, and now just your luck, a cop has pulled you over. After approaching your window, the cop looks at you a little strangely and then asks you to take some field sobriety tests. You figure you didn’t have that much to drink, so you agree. After you walk the line and stand on one foot, the officer asks you to take a breathalyzer. You think about your right to refuse, but again figure you didn’t have that much to drink. After you blow a .07, you sigh with relief, figuring you are off the hook. So you are surprised when the officer charges you with Driving while Under the Influence.

Can you be charged with and/or convicted of DUI when you are below the legal blood alcohol limit? The answer is yes. In Illinois, the state’s blood alcohol limit of .08 only represents a presumption that you have been driving while intoxicated. While a breathalyzer reading below .08 can help disprove a presumption of drunk driving, it does not prevent the State from relying on other evidence such as slurred speech, inability to walk a line, glassy eyes and erratic driving.

Can you still fight the charges? Absolutely. The State has the burden to prove a DUI beyond a reasonable doubt. An experienced attorney can help probe the weaknesses in the state’s case and improve your chances of obtaining a not guilty verdict.

Even if your breathalyzer is at or just slightly over .08, you may still be able to fight a charge of drunk driving. Once again, the .08 limit is only a legal presumption. An experienced attorney may help you present other evidence to show that your driving was not impaired.

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

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

Posted in blood alcohol limit, breathalyzer, criminal law, driving while under the influence, drunk driving, dui | Leave a comment

CAN THEY DO THAT? SCHOOL SEARCHES OF STUDENTS FOR DRUGS AND WEAPONS

Posted on October 26, 2009 by admin

Your high school student just got into the worst trouble of his life. School security searched his locker. After finding some narcotics, the principal demanded the keys to your 17-year-old son’s car and then proceeded to rip apart your trunk. That’s when the principal found a weapon: your husband’s favorite camping knife. Now your son faces expulsion from school. Worse yet, the school turned the matter over to the police, and your son is now being charged with a crime.

While you don’t condone the use of drugs and the Swiss knife was an oversight, you think the school overreacted. Anyway, doesn’t your son have any rights? And what can you do now?

While Illinois schools are bound by the Fourth Amendment prohibition against unreasonable searches and seizures, they may have greater leeway in conducting a search than your local police. For one thing, a school official need not obtain a search warrant provided he or she has reasonable grounds for believing that the search will turn up evidence that your child has violated school rules. For another, because lockers are considered school property, the school is allowed to randomly search your child’s locker.

But this doesn’t mean that a school can get away with everything. The school cannot search your car without your permission if your child is a minor. If your child is an adult, he or she must consent to the search unless the school obtains a warrant. The school must also point to specific facts, which led officials to infer that your child had done something wrong.

If your child is being disciplined and/or prosecuted as a result of a search or seizure, there may still be hope. In Illinois, a school generally cannot suspend or expel your child without some form of hearing. Your are also entitled to a hearing in the criminal or juvenile court. An attorney can help evaluate your child’s case in order to determine the best defense strategy before the school and the criminal court. Did the school have the specific, articulated facts required to justify the search? Can the search of the car be suppressed because the school lacked the appropriate consent? Does your child have exclusive access to his locker or could someone else have slipped the drugs into it?

Whether the incident is or isn’t charged in a criminal or juvenile court, you and your child should not communicate with anyone but an attorney about the incident, whether by speaking, texting or emailing. Statements made to friends could end up as evidence against your child. Equally important, you and your child should refrain from discussing the incident on any Facebook, Myspace or similar pages. Any references to the incident should be removed.

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 criminal law, drugs, high school, illegal searches, juvenile court, school searches, weapons | Leave a comment

“BUT MY CHILD DIDN’T START IT”: WHEN YOUR CHILD IS FACING SUSPENSION, EXPULSION OR JUVENILE COURT CRIMINAL CHARGES FOR FIGHTING

Posted on October 8, 2009 by admin

You’ve been hearing complaints from your high school student about some other kids at school. They keep harassing him, and the school doesn’t seem to be doing anything about it. While you don’t condone violence, you really can’t blame your child for not wanting to take it anymore. But now your student is facing disciplinary action: suspenion as well as possibly expulsion for fighting and/or juvenile court charges for assault or battery.

If your child is expelled, you will have to deal with finding an alternative place for them to go to school. This can be costly. An expulsion could also affect your child’s choice of college. Even a suspension can cause difficulties with later life choices. If your child gets in trouble at school a second time, the penalty might be that much more severe because of the initial incident.

In some cases, your child may be charged in juvenile court. Your child could end up with a juvenile criminal record.

What can you do? If the incident is charged in juvenile court, your child will be entitled to a hearing before a judge. At the high school level, your child cannot lose his or her right to attend school without first receiving procedural due process. In most cases, your student is entitled to a hearing, although not always before the suspension takes effect. In many districts, only the school board may expel your student, and you may have a right to a hearing at that stage as well.

An experienced attorney can help evaluate your child’s case to determine the best strategy to defend your child. Did the school follow its own procedural rules? Was your child an innocent bystander or acting in self defense? Even if your child started the fight, an attorney can help judge the strength of the evidence against them and can help challenge the severity of the penalty. Maybe your school has some alternative conflict resolution program.

If there is a juvenile court case, an attorney can evaluate how to proceed. You may wish to take the matter to hearing in hopes of getting the charges dismissed. If the evidence is extremely strong against your child, it might be advisable for the attorney to work out a plea arrangement.

Whether the incident is or isn’t charged in juvenile court, you and your child should not communicate with anyone but an attorney about the incident, whether by speaking, texting or emailing. Statements made to friends could end up as evidence against your child. Equally important, you and your child should refrain from discussing the incident on any Facebook, Myspace or similar pages. Any references to the incident should be removed.

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

Posted in assault, battery, criminal law, expulsion, fighting, high school, juvenile court | Leave a comment

“I MEANT TO PAY FOR IT”: WHEN YOU ARE ACCUSED OF SHOPLIFTING

Posted on September 21, 2009 by admin

You are visiting your favorite big box store. You picked up a couple DVDs that you were thinking of purchasing, but then got distracted and walked out the door with them. Before you knew it, security was after you, and you are now facing retail theft charges. What can you expect?

You may be hoping that the store will let it go, and the charges against you might then be dismissed. But in this recession economy, the store’s employee will most likely be ready and eager to testify. Because of the drain that shoplifting takes on retailers, many stores are highly aggressive about prosecuting these crimes, particularly big box and department stores.

So what can you do? When you are first brought in before security, you are best advised to request an attorney and not answer questions. Any attempts to explain yourself may be used against you and might undermine any defense you might later wish to present.

Once at court, an experienced attorney can help you weigh your options. Maybe you were extremely stressed and really did forget you had the DVDs in your cart. Maybe the evidence against you is weak. An attorney can help determine whether you should take the case to trial.

But what if you really meant to take the DVDs? If the evidence against you is too strong to risk a trial, you may still have options. There may be alternatives to a conviction such as attending a special school. Your attorney might help work out a plea agreement. For example in Illinois, you might be able to take “supervision,” which is technically not a conviction. Then, if you meet certain requirements, you might be able to expunge your arrest five years after a successfully discharged supervision.

In this job market, a retail theft charge on your record could cost you a lot more than a fine or some community service. 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 email matt@mattkeenanlaw.com.

Posted in expungement, retail theft, shoplifting | Leave a comment