A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

You were invited to a party at the apartment of someone you didn’t know very well. The party was fun, and you drank a lot. Shortly after you left early in the morning, you realized you forgot your coat. You thought you remembered the apartment, but when you rang the bell, no one answered. The door was unlocked, so you figured you’d just go in and get your coat. You knew the host wouldn’t mind. But to your horror, you entered the wrong unit. The residents had been sleeping and immediately called the police. You ran away, but the police picked you up down the street. Now you are charged with criminal trespass to a residence.

What is that? What can you do?

Under 720 ILCS 5/19-4, criminal trespass to a residence means that you knowingly entered or remained: (a) without authority within any residence, including a house trailer that is the dwelling place of another. This is a Class A misdemeanor, punishable by up to one year in jail; or (b) in someone’s residence when you knew or had reason to know that someone else was present. This is a Class 4 felony, punishable by 1 to 3 years in prison. For apartment buildings, a residence means the actual apartment unit and not the common areas.

If you are charged with criminal trespass, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Were the residents able to identify you? Did you knowingly enter without authority or did you believe you had permission? Did a third party let you in? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

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

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

Although courts are doing more in person, many court appearances still take place on zoom in the Skokie, Rolling Meadows, Daley Center and other courthouses. This can seem intimidating, but it’s really not that scary.

When you are arrested for a criminal, DUI or traffic offense, the officer will give you information on when and where to go for your first court appearance. Unfortunately, this does not usually include the zoom meeting and pass codes you will need to log into the courtroom. You will have to search the court’s website in the county where your case is located to find that information. If you hire an attorney, the attorney can provide this information to you.

In order to attend court, you will likely have to download the zoom app. Once you have done so, you can enter the virtual court at your scheduled time. Defendants logging into the courtroom will receive a message that the “meeting host will let you in soon.” This is normal and no cause for concern (unless you have the wrong meeting code information). Once the judge is ready, he or she will admit you. Be sure to turn on the video but mute your sound until the judge calls your name.

If you have an attorney, the attorney will answer on your behalf. At that point, the judge will look for you on the call. On your first court date, the attorney will enter his or her appearance and ask for copies of the evidence against you.

Although you are not appearing in person, you should dress and act as though you were physically in court. You should treat zoom court as though it were a business meeting for a job you really hope to get.

If you have been charged with a criminal, DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense as well as helping you navigate your way through the court system.

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

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

The officer stopped you for DUI near your home. You tried to reason with him to let you go. When he didn’t, you drunkenly tried to hit him. You missed. But now you are charged with aggravated assault on top of your DUI.

Can they do that? What can you do?

In Illinois, you commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Normally, this is a relatively minor offense—a Class C misdemeanor punishable by up to 30 days in jail. See 720 ILCS 5/12-1. However, when you swiped at that officer, your offense became a Class 4 felony based on assaulting a peace officer or other emergency personnel, either while performing their official duties or because you wanted to stop them or retaliate against them for performing those duties. 720 ILCS 5/12-2(b)(4.1).

As with most crimes, the state must prove you guilty of all elements of the offense beyond a reasonable doubt. Did you act knowingly? Note that drunkenness is not a defense here. But what if you swung your arms without realizing the officer was behind you? Was the officer’s fear of battery reasonable? Was the officer performing official duties? What if the officer was not on duty and just came over to watch your arrest? An experienced attorney can raise doubts about the state’s case. If, however, the evidence is overwhelming against you, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

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

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

Your cousin asked you to drive him to a convenience store. He ran in to pick up some lottery tickets, then came running out, jumped in your car and told you to take off. Later, you learned he’d committed an armed robbery inside the store. Can you be arrested when you had no idea what your cousin had been planning? The answer depends on whether the judge or jury believes in your lack of intent.

When two or more persons engage in a common criminal design, any acts to further that design committed by one party are considered to be the acts of all parties. All are thus equally responsible for the consequences. You would be accountable for your cousin’s crime if, either before or during the crime, you solicit, aid, abet, agree, or attempt to aid him in planning or committing the offense, and you had the intent to promote or facilitate that offense. See 720 ILCS 5/5-2(c). The State may prove your intent by showing either (1) that you shared the criminal intent of the principal, or (2) that there was a common criminal design. You are not guilty for the other’s offense unless you intended to aid in committing a crime. Participation must take place before or during the offense; after the fact is not sufficient.

Mere being at the scene of a crime does not make you accountable but your presence may be considered along with other circumstances by judge or jury.

Even if you were in on the plan, you are not accountable if (1) you are a victim of the offense committed; (2) the offense is so defined that whatever you did was inevitably incident to its commission; or (3) before the commission of the offense, you terminated your participation and either: (i) made your past efforts wholly ineffective, (ii) warned police, or (iii) otherwise made proper effort to prevent the offense.

In People v. Johnson, the defendant owned a taxi business. One evening, a man named Mason asked defendant for a ride, paying him $10. At a certain point, Mason told defendant to stop the car and started shooting an automatic weapon. Defendant then sped away in fear for his life. The trial judge convicted the defendant. However, the appellate court instead found the evidence too weak to uphold his conviction. Defendant was not a gang member, and there was no evidence that he knew of Mason’s intentions or that Mason even had a gun. Therefore, the state failed to prove all the elements of the offense beyond a reasonable doubt.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. As the case above illustrates, different judges see the same set of facts very differently. An attorney who is familiar with your particular judge may better present the facts of your particular case in their most favorable light.

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

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