OPEN ALCOHOL CONTAINERS AND YOUR CAR: KEEP IT IN THE TRUNK!

Posted on July 28, 2010 by admin

You just left a friend’s house and you hadn’t finished your beer. You screwed the cap back on and left the half-full bottle on the floor of your car. Just your luck, on the way home, you blew a stop sign and got pulled over by police. Then they saw the beer bottle. Now you are charged with possession of alcoholic liquor in a motor vehicle.

In Illinois, no driver or passenger may transport, carry or possess any alcoholic beverage in the passenger compartment of their car unless that alcohol is in its original container and the seal is unbroken. There are exceptions for passengers of limousines and charter buses, provided the driver does not drink.

Open alcohol is generally considered a petty offense, meaning you are most likely to receive a fine and a term of supervision. If you are convicted of carrying open alcohol for a second time within one year, however, you could have your driver’s license suspended. Additionally, any driver under the age of 21 convicted of this offense can automatically lose their driver’s license under Illinois’s Zero Tolerance policy.

If you have questions about this or another criminal law issue, do not hesitate to contact Matt Keenan by phone 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 drivers license suspension, Illinois zero tolerance policy, open alcohol, petty offense, possession of alcohol, transport of alcohol, underage driver | Leave a comment

“I DIDN’T DO IT!”: WHEN YOU ARE CHARGED AS AN ACCESSORY TO A CRIME

Posted on July 14, 2010 by admin

One night, you were driving your buddy around town. You stopped at a convenience store. Your buddy ran in and next thing you knew, he had a wad of money in his hand and some beer. You didn’t know he was going to rob the store when he went in, but now that he did, you figured you might as well have some beer and anyway, he owes you some cash. Now you are charged with robbing the store.

In Illinois, if you help someone commit a crime, even if your help took place before or after the event, you can be charged with the same offense. Helping is legally defined as soliciting, aiding, abetting, agreeing or attempting to aid the other person in the planning or commission of the offense. This can include driving someone to or from the scene or even loaning them your car as long as you had the intent to facilitate the commission of the crime.

Furthermore, if you help plan a crime or conspire to commit a crime, and there is one act taken by any of the conspirators to further the crime, you are now liable for everything that happens even if someone else did it. For example, if you plan to rob a store and your buddy shoots the store clerk, you can now be charged with the shooting even if you weren’t in the room.

If you are involved with a crime and may have aided or abetted the offense, it is critical that you make no statements about the situation to the police or anyone else. You may not think your conduct amounted to criminal involvement, but your statements may be enough to guarantee your conviction. Furthermore, if you do attempt to minimize or lie about your involvement in the crime, any statements you make may trap you later. The best policy is to say nothing without the advice of an attorney.

If you are charged with this type of crime, there may still be hope. Your involvement in the crime may have been too minimal to convict you. The state still has the burden of proving beyond a reasonable doubt that you intended to participate in the crime.

If the crime has not yet taken place and you now want out of the conspiracy, you might still avoid criminal responsibility if you do one of three things: You can warn law enforcement or be sure to undo any help you provided or make a proper effort to prevent the offense. An attorney can help you determine your best strategy.

If you have any questions or wish to talk to an attorney, do not hesitate to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com. If the matter is urgent, a phone call will insure a more timely response.

Source: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+5&ActID=1876&ChapterID=53&SeqStart=7100000&SeqEnd

(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 abetting, accessory, aiding, conspiracy, conspirators, criminal charges, criminal law, criminal offense, criminal responsibility, robbery, soliciting | Leave a comment

‘I CAN’T GET A JOB!”: CLEARING YOUR CRIMINAL RECORD – PARDONS & EXPUNGEMENTS

Posted on June 29, 2010 by admin

(Updated 2/20/13)

In today’s tough job market, you are at greater risk of losing out on that job opportunity you wanted because of an undesirable criminal record. But there may still be hope.

If you were charged with a crime and your case was dismissed, you may be able to expunge your record immediately. Even if you were charged with a misdemeanor and received supervision, you may still be able to expunge your record after a certain period. Most eligible criminal charges have a waiting period of two years. However, retail thefts prior to 1/1/12 must wait 5 years. (Newer law shortened that period to two years for retail thefts after 1/1/12.) You may not qualify to expunge your record if your crime falls into certain categories, such as violent crime or criminal sexual conduct.

To petition for an expungement, you must file at the Circuit Court in the county where your case was heard and pay a fee (currently $120.00). In Chicago, you should obtain a copy of your criminal history from the Chicago Police Department. The Court will notify the State’s attorney’s office, the Illinois State Police and the arresting police department of your Petition. If any of those agencies object to your Petition within 60 days, you may be given a court appearance to defend your request. As of 2013, the Cook County Circuit Court is now automatically setting hearings for Chicago cases.

If your record is successfully expunged, then you need not reveal your criminal history to anyone. You can then answer “no” when that criminal history question crops up on a job application.

But what if instead of supervision, you were convicted or you had a felony? In some cases, you might still be able to seal your conviction, and still answer that awkward employer question with a “no.” When all else fails, you might qualify for a pardon.

In Illinois, you can appeal to the Governor and the Prison Review Board for executive clemency. Your petition must state a brief history of your case and present the reasons you believe you merit a pardon. You may request a hearing to further present your case when filing the petition. An experienced attorney can assist greatly in preparing your petition and presenting your case in the very best light. A reason for clemency, that might seem convincing to you, might seem insufficient or even self-serving to the Governor and the Prison Review Board.

See our related post on Pardons at Pardon Me: Clemency Petitioners Now Have A Chance.

If you have questions or would like an attorney’s assistance in preparing an expungement or pardon, 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 arrest, convictions, cook county courthouse, criminal charges, criminal law, expungement, felony, pardon, retail theft, sealing | Leave a comment

‘I’VE BEEN STOPPED FOR SHOPLIFTING!”: STORE SECURITY AND YOUR RIGHTS

Posted on June 16, 2010 by admin

You were browsing at a department store and had just left, when suddenly store security approaches you. They ask you to come with them. What are your rights?

If a merchant believes you have been shoplifting, they may detain you if they reasonably believe that you have unpaid merchandise. The detention can be made in order to 1) request your identification, 2) verify it’s authenticity; 3) reasonably ascertain whether you have stolen merchandise in your possession, and 4) surrender you to a peace officer. If you are a minor, the store must attempt to inform your guardian and surrender a minor to either the guardian or the police. (Authority: 720 ILCS 5/16A-5.)

According to the statute, the store is presumed to have reasonable cause to detain you if you possess a theft detection shielding device or a theft detection device remover.

Any detention must be for a reasonable length of time and conducted in a reasonable manner. And the store must have reasonable cause to stop you. Of course, what is considered reasonable is a matter of opinion. You probably cannot be chained to a desk or held for hours at a time. But whether an hour is too long may be open for debate.

The store may have a right to check your receipt or look in your bag, but you may still request an attorney and you can refuse to answer questions. In Illinois, some silent videotaping of premises, such as the dressing rooms, may be permitted for the limited purpose of preventing theft. Usually, there should be warnings that the dressing rooms are monitored.

If you are detained by store security, you should refrain from making a confession. Later, you may be taken into police custody and released on bond, or alternatively, brought to court the next day so that a judge may set bond.

No matter what the case, you should not discuss this matter with the police or anyone else. You may be able to win the case at court if you do not damage your chances by trying to explain yourself to the police or by making a statement.

If you have any questions about your situation, please do not hesitate 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 criminal charges, detention, retail theft, shoplifting, store security, theft detection | Leave a comment

“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