ONLINE CHALLENGE CAN LEAD TO CRIMINAL CHARGES AND SCHOOL EXPULSION

Posted on November 29, 2021 by admin

Social media presents kids with ever varied opportunities for trouble. As if online sexting and bullying weren’t bad enough, now it’s “devious licks,” a challenge where students post videos of themselves vandalizing or stealing school property.

If your child has taken the challenge, he or she could face both criminal charges and school discipline. Unfortunately, by posting video of themselves in the act, your child may have provided the evidence necessary for a conviction and possible school expulsion.

But all is not lost.

If your child is charged with a crime, an experienced criminal law attorney can review his or her case for its best possible defense. Is the identity of your child clear in the video? Can the state prove all the elements of the offense beyond a reasonable doubt? Can the state prove your child acted knowingly or with the required intent? Even if the evidence against your child is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a favorable plea agreement.

If your child is facing expulsion, it is essential that you request a hearing in order to preserve your child’s rights. An experienced school law attorney can present evidence at the hearing or can again try to negotiate a more favorable result. Be aware that a suspension can be a prelude to expulsion, so you may need to act quickly if the school decides to move from one to the other.

Although the trend went viral on Tiktok, the site quickly removed related content from its platform. However, posters have simply switched to alternative tags such as #despicablelicks, dastardly licks or nefarious licks.

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

References: CNN: The’devious licks’TikTok challenge has students stealing toilets and vandalizing bathrooms, and USA Today: Devious licks’ challenge on TikTok leads to criminal charges against students across US.

(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.)

Posted in dastardly licks, despicable licks, nefarious licks, school, theft, Tik Tok, vandalism | Comments Off on ONLINE CHALLENGE CAN LEAD TO CRIMINAL CHARGES AND SCHOOL EXPULSION

WHAT IS A CHOKING OFFENSE UNDER ILLINOIS LAW?

Posted on October 29, 2021 by admin

You met with a possible “match” on one of the many dating apps. The meeting very quickly led to hookup sex. You thought you were both enjoying yourselves, and that the other party had asked you to choke them. But now the police have arrested you.

What are the possible charges? What can you do?

Under Illinois law, choking or strangling someone is defined as intentionally impeding the normal breathing or circulation of the victim’s blood by applying pressure on their throat or neck or by blocking their nose or mouth.

The charges depend on whether the other person is or is not a household/family member. In either case, choking is an aggravated offense. Mind you that Illinois courts have found some dating relationships to qualify for purposes of domestic battery law. (See Is it Really a Relationship Under Illinois Domestic Battery Law?)

For your casual, one-time hook-up, you could be charged with Aggravated Battery (720 ILCS 5/12-3.2) a Class 3 felony. Your charge can be upgraded to a Class 1 felony if you used a dangerous instrument, had a prior conviction or caused the victim great bodily harm, permanent damage or disfigurement.

For a more serious dating relationship, even one that has ended, you can be charged with Aggravated Domestic Battery, (720 ILCS 5/12-3.3), a Class 2 felony that carries mandatory prison time.

As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. Did the victim tell you to choke them or otherwise consent? Did the victim choke you? Is there any corroborating physical evidence such as photographs or medical reports? If you are charged with aggravated domestic battery, can the state prove the victim was a household or family member?

This is a very controversial area, and opinions as to the validity of consent are likely to vary widely from judge to judge. Therefore, it is important to retain an attorney who is familiar with the preferences of the judges in your particular courthouse in order to determine your best possible defense.

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.)

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DID YOU CONSENT TO A POLICE SEARCH?

Posted on October 15, 2021 by admin

An officer generally must have a warrant in order to search you or your property unless an exception to the warrant requirement exists. One exception is that you consented. But did you really? While this may seem like a straightforward yes or no question, the facts can be murky, and different judges may interpret the same facts very differently.

To prove consent, the state must show you did so freely and without coercion. Consent cannot be extracted by implied threat or covert force. If your consent was nonverbal, the court will look at whether you intended to consent or were merely acquiescing to authority.

For example, in People v. Banta, the officer asked the defendant if he could search his person. The officer testified that the defendant “did not tell me no.” Video of the incident did not have sound so that the court had to infer whether defendant gave consent through his body language. The court held that even if defendant had not verbally refused, his lack of protest was insufficient to establish voluntary consent, and that the state had failed to meet its burden of proof.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. Did you agree to the search? Was your consent voluntary? If not, an attorney may be able to petition the court to suppress any evidence resulting from an illegal search.

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.)

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WHAT IS THE OFFENSE OF CHILD ENDANGERMENT IN ILLINOIS?

Posted on September 25, 2021 by admin

In Illinois, endangering the life or health of a child is a Class A misdemeanor for a first offense and a Class 3 felony for subsequent offenses. The offense includes knowingly allowing or causing the endangerment or permitting the child to be placed in an endangering situation. (See 720 ILCS 5/12C-5.)

Under the law, if you leave a child age 6 or younger, unaccompanied by someone at least age 14 and out of your sight, the child may be considered unattended. Illinois courts have convicted parents for leaving a baby in a car for close to an hour and leaving a loaded gun within reach of a child. p>If you are convicted of child endangerment, a judge may defer judgment of your guilt by placing you on probation and requiring you to cooperate with the Department of Child and Family Services. If you successfully complete these terms, the case against you may be dismissed. (See 720 ILCS 5/12C-15).

If you have been charged with endangering a child or a similar offense, contact an experienced criminal law attorney immediately. As with most criminal offenses, the state must prove all the elements of the offense beyond a reasonable doubt. Can the state prove that you were the person who endangered the child or that you did it knowingly? 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.)

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CAN I PLEAD ENTRAPMENT AS A DEFENSE?

Posted on September 10, 2021 by admin

(UPDATE: The Lewis case below was upheld by the Illinois Supreme Court in People v. Lewis on June 24, 2022).

A friend of a friend asked you to help them get some narcotics. You don’t do drugs yourself, but you don’t have a problem with other people using them. At first, you said you couldn’t help, but the person kept badgering you until finally you gave in. Turns out the person was a police officer and you are now charged with dealing.

Is this entrapment?

Quite possibly. To plead entrapment in your defense, you must present at least slight evidence that (1) the State induced you to commit the crime, and (2) you were not otherwise predisposed to do so. Once the trial court accepts your slight evidence, the State must then prove beyond a reasonable doubt why the entrapment defense does not apply. Your predisposition can be shown by proof that you were ready and willing to commit the crime without persuasion and before your initial exposure to government agents.

For example, in People v. Lewis, the defendant was accused of various sex offenses stemming from an online relationship with a child. The defendant, however, presented evidence that he had no predisposition to a sexual interest in children and that an officer was the first person to bring up the possibility of sex with minors and persisted in pursuing that option even after defendant showed he was not interested.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Were you pushed into the crime? Even if you weren’t, 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.)

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WHAT IS SELF DEFENSE IN ILLINOIS?

Posted on August 24, 2021 by admin

Under Illinois law, you act in self defense if: (1) there is a threat of unlawful force against you; (2) you are not the aggressor; (3) the danger of harm was imminent; (4) your use of force was necessary; (5) you actually and subjectively believed there was a danger that required you to use that force; and (6) your belief was objectively reasonable. See 720 ILCS 5/7-1. Self defense can include defense of another.

To claim self defense, you cannot be the initial aggressor. Therefore, you cannot start a fight and then cry self defense because you were on the losing end. However, throwing the first punch does not necessarily make you the aggressor if the other party initially provoked the use of force.

For example, People v. Cruz involved a dispute that started on a Chicago Transit Authority bus. The defendant got on the bus without at first paying his fare and was yelling at the driver. The driver and another passenger named Perkins discussed the defendant’s difficult behavior. After some back and forth, Perkins grabbed defendant and threw the first punch. Defendant stabbed Perkins in the chest. Although Perkins threw the initial punch, defendant could not claim self defense because he had brandished a knife. The court held that brandishing a weapon is one way for a defendant to become the initial aggressor.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Do your actions qualify for self defense or another legal defense such as necessity? An attorney who is familiar with your particular judge may be able to present the facts of your case in their most persuasive 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.)

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WHAT IS AGGRAVATED CRIMINAL SEXUAL ABUSE BASED ON “POSITION OF TRUST?”

Posted on August 7, 2021 by admin

Under one definition (720 ILCS 5/11-1.60(f)), you commit aggravated criminal sexual abuse if 1) you have sexual conduct with a victim who is aged 13 to 17, 2) you are at least age 17, and 3) you hold a position of trust, authority, or supervision in relation to the victim.

In Illinois, “trust,” means the victim has confidence in your integrity, ability, character, and truth. For example, in People v. Miki, the defendant was a soccer coach, and the victim had been on his team starting in sixth grade. The criminal conduct occurred about a month after she had left the team when she was 17. In finding defendant held a position of trust, the court reasoned that the victim’s family allowed her to ride alone with him to games. Further, the defendant, the victim and their families attended the same church, where the victim’s father was a pastor. The victim at times sat with defendant during services. Therefore, the evidence was sufficient to uphold defendant’s conviction based on a position of trust.

If you have been charged with criminal sexual abuse or a similar offense, contact an experienced criminal law attorney immediately. Whether you occupy a “position of trust” can be a highly fact specific question, the answer to which may depend on your particular judge. An attorney who is familiar with the courthouse can best attempt to present the facts of your case in their most favorable light in the hopes of winning a not guilty verdict. Even if the evidence is overwhelming, the attorney 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.)

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CAN YOU BE CHARGED WITH MULTIPLE CRIMES BASED ON ONE ACT?

Posted on July 23, 2021 by admin

The answer is yes, provided each offense contains at least one element that differs from your other offense(s).

Under the one-act, one-crime rule, you may not be convicted of multiple offenses based on precisely the same single physical act. To determine if a one-act, one-crime violation has occurred, the court looks at 1) whether your conduct consisted of a single physical act or separate acts, and 2) whether any single act formed the basis for separate but lesser-included offenses.

In People v. McCloud, the defendant abducted and sexually assaulted a woman off the street. The court found that within that one event, defendant had performed multiple acts. First, defendant forced the victim into an abandoned house, which supported a conviction for unlawful restraint. Then, Defendant grabbed the victim’s breast, which supported a conviction for criminal sexual abuse. Finally, the victim nearly escaped several times only to be recaptured and touched or penetrated by defendant. This touching in an insulting nature supported a separate conviction for battery.

However, in People v. Reveles-Cordova, the court reversed the defendant’s conviction for criminal sexual assault because all the elements of that offense were contained within the offense of home invasion. Therefore, the defendant could not be convicted of both.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can your act be broken into multiple crimes or did the state “overcharge” you? 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.)

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WHEN CAN I BE CONVICTED OF A LESSER INCLUDED OFFENSE?

Posted on July 2, 2021 by admin

Police arrested you on charges that were pretty stiff, but you feel confident that the state can’t prove the offense beyond a reasonable doubt. That does not mean, however, that you are out of the woods. The court can convict you of a lesser-included offense even if you were not originally charged with that offense.

Under Illinois law, you may be convicted of a lesser-included offense if it is within the offense for which you were charged and the evidence at trial supports conviction on the lesser offense and acquittal on the greater offense.

For example, in People. v. VanHoose, the defendant was arrested for threatening a public official. The trial court found the evidence insufficient to convict on that charge but instead convicted defendant for the lesser-included offense of assault. (In this case, the appellate court disagreed that there was sufficient evidence to convict defendant of assault and reversed the trial court.)

If you have been charged with a criminal offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. As with most criminal charges, the state must prove all the elements of an offense beyond a reasonable doubt. Can the state prove the lesser-included offense? 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.)

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WHAT IS LEWD UNDER ILLINOIS CHILD PORNOGRAPHY LAW?

Posted on June 6, 2021 by admin

As U.S. Supreme Court Justice Potter Stewart once famously said about obscenity: “I know it when I see it.” If you are charged with child pornography, your case may likewise depend on how your particular judge sees it.

Under 720 ILCS 5/11-20.1, the offense of child pornography includes knowingly possessing an image of a child that you should have reasonably known was under age 18 where the child is depicted in any pose or setting while lewdly exhibiting the child’s unclothed (or transparently clothed) genitals, pubic area, buttocks, or fully or partially developed breast (if female).

In People v. Barger, the defendant was convicted based on one photo of a nude 8- to 10-year old girl swinging on a tether ball on the beach. The appellate court applied a six-factor test to decide if the image was lewd: (1) Was the image’s focal point was on the child’s genitals? (2) Was the setting sexually suggestive, (3) Was the child depicted in an unnatural pose or in inappropriate attire considering the child’s age? (4) Was the child fully or partially clothed or nude? (5) Did the image suggest sexual coyness or a willingness to engage in sexual activity? and (6) Was the image intended to elicit a sexual response in the viewer? Not all six factors must be present to find that an image is lewd.

The appellate court found that only one of the four factors was present—the child was nude. Otherwise, the photo’s focal point was not the child’s genitals; there was nothing sexually suggestive about the photo’s setting which was the beach; the child’s pose was not unnatural; nothing suggested sexual coyness and the photo was not taken in a way to elicit a sexual response. Therefore, the defendant’s conviction was overturned.

If you have been charged with child pornography or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Should you have known the child was under age 18? Is the image truly lewd? An attorney who is familiar with your particular judge can best argue the six factors in the light most favorable to you in hopes of winning your acquittal.

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.)

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