Can a Judge Acquit You of Domestic Battery But Still Impose an Order of Protection?

            The answer is yes.  Because the proof required in each case is different.

            You commit domestic battery if you knowingly without legal justification by any means:    (1) cause bodily harm to any family or householdmember;  (2) make physical contact of an insulting or provoking nature with any family or household member.  To convict, you the state must prove all the elements of domestic battery beyond a reasonable doubt.

            A petition for an order of protection may be filed by or on behalf of a person who has been abused by a family or household member.  But here, the rules of civil procedure govern whether proceeding in criminal or civil court.  The opposing party or prosecutor need only prove the abuse by preponderance of the evidence (something like 51%).

            As a result, there may be enough proof against you for a court to issue an order of protection, but not enough to convict you of domestic battery.

            If you are facing either domestic battery or an order of protection, contact an experienced criminal law attorney immediately.  An attorney can review your case for your most favorable defense.  Does the prosecutor or opposing party have enough evidence to prove abuse?  Were you acting in self defense or out of necessity?  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 to the criminal charges or a less damaging alternative to the order of protection.

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.

Reference: (1) Illinois Domestic Battery Law; (2) Illinois Domestic Violence Act.

(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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Does a Concealed Carry Give Police Cause to Stop You?

            The answer from one Illinois appellate court is no.

            Police need a reasonable suspicion of criminal activity to make something known as a Terry Stop. A Terry Stop allows an officer to conduct a brief, investigative stop where criminal conduct may be occurring. 

            In People v. Dorsey, the defendant was loading boxes into his SUV.  An officer saw what looked like the handle of a gun sticking out of a tote box. Officers then seized the defendant, placing him in the back of the police car.  Defendant was charged with weapon offenses based on his lack of a Firearm Owners ID Card or a Concealed Carry License. The court granted his motion to suppress the evidence from his stop. 

The appellate court found that the presence or use of guns, without more, does not suggest likely criminal activity, at least not in places where carrying a firearm in public is permitted with a concealed carry license.  The court acknowledged that anyone carrying a gun in public might not have a license and might thus be guilty of unlawful possession. However, any justification based on this fact alone lacks the particularized and objective basis needed to justify a Terry Stop.

An officer may ask about the status of a concealed carry license where you consent, or if the officer has a valid, independent basis for a stop. But the mere possibility that anyone with a gun might not have a valid license is not enough to justify a seizure.

If you have been charged with a crime, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense.  Did police have the justification they needed to stop or search you?  If not, an attorney can petition the court to suppress the evidence from the stop.  In limited cases, this could result in your charges being dismissed. 

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 ASSAULT IN ILLINOIS?

In Illinois, you commit assault when you cause someone to reasonably believe you are going to make physical contact with them. It becomes a battery if you actually do. Simple assault is a Class C misdemeanor, punishable by up to 30 days in jail and a $1,500 fine. In addition, the court must order you to perform community service for at least 30 and no more than 120 hours. See 720 ILCS 5/12-1.

Under certain circumstances, assault can be upgraded to an aggravated offense. See 720 ILCS 5/12-2. This can be based on how you conducted the assault. Were you threatening someone with a weapon? Were you hooded or masked and/or pretending to use a gun? Were you firing a gun from a car? Were you using your car to make the threat? Were you flashing a laser attached to a gun at someone?

A second factor for aggravation involves the type of person you were assaulting. Did you go after a teacher or a sports official or a utility worker? Was the person a government investigator, a peace officer, emergency worker, probation officer or prison employee, a bus or a train driver? Was the person elderly or disabled? Was the person a process server who was attempting to serve a legal summons?

For the most part, aggravated assault is a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. However, if firearms are involved, you may be charged with a Class 4 Felony, punishable by 1 to 3 years in prison and a $25,000 fine. It is also a Class 4 felony, if you assault a correctional officer, probation officer or other government official. As of this year, it is a class 4 felony to assault a process server.

If you are charged with assault or a similar offense, you should contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most offenses, the State of Illinois must prove you guilty beyond a reasonable doubt. Were you acted in self defense or defense of another? Did the victim have a “reasonable apprehension” that you were going to hit them? Maybe you were just flailing your arms and didn’t even realize they were there. Even if the evidence is overwhelming an attorney who is respected by the court may be able to work out a better plea negotiation than you could on your own.

If you have questions about this or another related 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 CRIME OF SOLICITATION IN ILLINOIS?

            Soliciting someone to commit a crime does not mean you are home free. And the offense of solicitation is not limited to soliciting murder.

What is solicitation in Illinois?  What can happen to you? What can you do?

            In Illinois, you commit solicitation if you command, encourage or ask another to commit an offense intending that such offense be committed.  You commit solicitation of murder if you solicit murder intending that first-degree murder be committed.  See 720 ILCS 5/8-1.

If convicted, you can be sentenced up to the maximum allowed for attempting the crime involved. Therefore, if you solicited burglary, you could be sentenced for an attempted burglary.

 Solicitation of murder is a Class X felony, punishable by 15 to 30 years in prison.  However, if the person solicited was under age 17, your sentence can range from 20 to 60 years.

If you are charged with solicitation, contact an experienced criminal law attorney immediately.  An attorney can review your case for its best possible defense.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.

Were you really commanding, encouraging or asking someone to commit the crime?  Perhaps, you were just venting or speaking rhetorically and the person hearing you misinterpreted it as an “ask.”  Famously, King Henry II of England bemoaned: “Will no one rid me of this turbulent priest?” Upon hearing him, four knights set off to murder Thomas Becket, although the king had not actually given an order.

Can the state prove you had intent?  This element can be highly fact specific, and different judges may see the evidence very differently.  An attorney familiar with your courthouse may best be able to present the facts favorably on your behalf.

Was the solicitation complete?  In one Illinois case, the court held that “where a letter is employed as the means of solicitation, the letter must actually reach the intended recipient for the crime of solicitation to be complete.” See People v. Boyce.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorably 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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How to Choose a Criminal Defense Attorney

No matter how great they are, not all attorneys are right for all clients. So how do you choose thebest criminal defense attorney for you? Here are some pointers:

1) Communication: This factor would likely be at the top of any client’s list. You need an attorney who will communicate well with you. This does not necessarily mean that your calls are immediately returned every time. But the attorney should answer your questions and explain your options in a way that you understand.

2) Trust: Choosing an attorney can be like choosing a doctor. You need to have confidence in their judgment. If you find yourself constantly second-guessing your attorney, then you may need to find someone else. You should not, however, assume that how you think a case should be handled would actually work in the courtroom. An experienced attorney knows how the justice system really works, which is why you need someone you trust to guide you through it.

By the same token, beware an attorney who promises you the moon. The legal business just doesn’t work that way. You need an attorney to give realistic advice about your situation.

3) Personality: While not necessarily important, finding a good fit for your personality can increase your peace of mind. Perhaps you’ve never gotten in trouble before, and you are terrified. A compassionate attorney with a warm and caring manner might work better for you than the more coldly, clinical type. If you are all business yourself, you might prefer a more detached lawyer.

4) Knowledge and Experience: Has the attorney worked on this type of case before? Does your attorney ask the right questions? Are they knowledgeable about the law and procedure? How about the players in the courthouse? An attorney’s main job is to formulate the best strategy to defend your case. A knowledge of what the prosecutor is likely to offer or how the judge is likely to react can be invaluable when making important decisions such as whether to take a case to a jury.

5) Reputation: An attorney who enjoys a good reputation at the courthouse is more effective. An attorney who is respected and/or liked may get a better deal than one who is rude and does sloppy work.

6) Price: This is the least important factor except in terms of your budget. If the attorney is econo-priced, are they still willing to give your case the time and attention it deserves? Do they ever take cases to trial or is their legal representation one size fits all? Many times, I have had a difficult second offense with a client because they hired a cheap attorney to plea out a fightable first offense. Even where a plea agreement is best, attorneys who automatically plea out cases may not get you the best possible deal. A prosecutor has no incentive to give a good deal to an attorney who won’t fight for you anyway.

By the same token, an attorney who charges top dollar is not a guarantee of quality. You really need to evaluate each attorney based on the above factors.

If you have questions about this or another related 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 Crime of Eavesdropping in Illinois?

            Your soon to be ex-spouse is obnoxious.  To punish him or her, you decided to secretly record some of the awful things they say.  It might help you in court. But your spouse found the device, and now you are charged with a felony.

            What is eavesdropping in Illinois?  What can you do?

Under Illinois law, you can’t knowingly, intentionally and secretly use an eavesdropping device to overhear, transmit or record a private conversation, even if you were a party to the conversation, unless everyone consents.  You also can’t use or disclose any information which you knew or reasonably should have known was obtained from a private communication unless all parties consent.  Eavesdropping is a Class 4 felony for a first offense and a Class 3 felony for later offenses. See 720 ILCS 5/14-2 and 720 ILCS 5/14-4.

If you are charged with eavesdropping, contact an experienced criminal law attorney.  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.  Did you knowingly and intentionally use an eavesdropping device?  Is the device an eavesdropping device?  For example, Illinois case law states that a cell phone is not an eavesdropping device.

There are also certain exemptions involving law enforcement and other situations such as recording a meeting required to be open under the open meetings act. See 720 ILCS 5/14-3.

It is not a defense, however, that the quality of a recording was undecipherable.  The law does not require that your eavesdropping produce a given result. The state need only prove your effort to eavesdrop, not your results.

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.

Reference: People v. Francik.

(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 Difference Between First and Second Degree Murder in Illinois?

In Illinois, first and second degree murder are distinguished by the murderer’s state of mind. First degree murder involves intent to kill. Second degree murder means you still had intent to kill, but you were slightly less responsible for your actions because of great passion or provocation.

To prove first degree murder, the state must show that you intended to kill or do great bodily harm to another, or that you knew your acts would create a strong probability of death or great bodily harm. Another definition involves felony murder: you were acting with another to commit a forcible felony (other than second degree murder), and you or another participant caused the death. Unlike in some states, Illinois law does not require the state to prove that the murder was premeditated or that you were “lying in wait.” See 720 ILCS 5/9-1.

Second degree murder is the same as first degree murder, except with mitigation. Perhaps you were acting under a sudden and intense passion resulting from serious provocation. Or you unreasonably believed you had legal justification to kill. Perhaps you thought you were acting in self defense, but that belief was unreasonable. See 720 ILCS 5/9-2.

Serious provocation is defined as conduct that would excite an intense passion in a reasonable person. (Note that under Illinois law, discovering someone’s sexual orientation is not serious provocation.) While the state must still prove first degree murder beyond a reasonable doubt, the defendant must prove the mitigation necessary to reduce the verdict to second degree. If so, the state must then prove that the mitigation did not exist.

Proving second degree murder can substantially reduce the prison sentence. First degree murder is punishable by 20 to 60 years in prison, while second degree murder is punishable by 4 to 20 years.

If you or a loved one has been charged with murder, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the state cannot prove all the elements of the murder beyond a reasonable doubt, such as the murder’s identity or that the killing was intentional. Perhaps there was legal justification to kill, such that you were defending a break in in your home or acted in defense of yourself or another. Even if the evidence against you is overwhelming, an 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 POLICE LOOK INSIDE YOUR CABINETS IN AN EMERGENCY?

            The answer depends on the circumstances. But one recent Illinois Supreme Court case said no.

            Police need a warrant to search your home with certain exceptions.  Police do not have to ignore objects in plain view.  So if you call police in an emergency and the officer spots a bag of cocaine on your kitchen counter, the officer can arrest you for the cocaine.

            But what if the illegal weapon or drug is inside something like a cabinet or drawer that may be slightly open?  Then, the answer may depend on the nature of the opening.

            In People v. Hagestedt,  the defendant called the fire department because of a gas leak.  Police also came to the home. Once inside, an officer noted a chained, padlocked cabinet.  The officer opened the door a little further, angling his flashlight through a one to two-inch crack. The officer then spotted cannabis and arrested the defendant who was later convicted. The Illinois Supreme Court found the search illegal.  The officer had taken deliberate action outside the authorized reason for his presence. The cabinet did not have see through doors. There was no evidence that the gas leak was coming from it. Thus, the court ordered the evidence from the search suppressed, and the defendant’s conviction reversed.

            If you have been charged with a crime, contact an experienced criminal law attorney.  An attorney can review your case for its best possible defense.  Was the police search legal?  If not, an attorney can petition the court to suppress the evidence from the search.  In some cases, this could result in your charges being dismissed, although this may depend on whether the state has other legally-obtained evidence against you.

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 CRIME OF OFFICIAL MISCONDUCT IN ILLINOIS?

            Official misconduct is a serious offense in Illinois.  You may be convicted of a Class 3 felony as well as losing your job. 

            What is Official Misconduct?  If arrested, what can you do?

Under Illinois law, it is official misconduct to do the following in your capacity as a public official, public employee or special government agent:

(1) You intentionally or recklessly fail to perform any duty required by law.

(2) You knowingly perform an act that is legally forbidden.

(3) You perform an act in excess of your authority intending to obtain personal gain.

(4) You solicit or knowingly accept a fee for performing an illegal act.

It is also official misconduct to knowingly use information acquired in the course of employment intending to obstruct the prosecution of any criminal offense or person.

If you are charged with official misconduct, contact an experienced criminal law attorney immediately.  As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt.  Were you acting in your personal or official capacity? Did you act intentionally or knowingly?  Did you act for personal gain?  Even if the evidence 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.

Reference:  720 ILCS 5/33-3.

(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 THE POLICE SEARCH GO TOO FAR?

            Police stopped the driver of the car in which you were a passenger for a traffic offense. The officers ordered you and the driver out of the car, after which the officer  patted you both down for weapons.  But then the officer started going through your pockets until he found something suspicious. Now you are under arrest.

            Was the search legal?  Or did it go too far? What can you do?

To protect themselves and others, police are allowed to perform a reasonable search for weapons when the officer has reason to believe that someone is armed and dangerous.  The officer may do a protective pat down of your outer clothing to discover any weapons. Such a search is not to be used to gather evidence. However, the officer may seize any object where its identity as a weapon or contraband is immediately apparent.

For example, in People v. Cox, the officer patted the defendant for weapons and thought he felt something in the defendant’s rear.  Officers then tried to strip search defendant before using a body scan to find narcotics.  The court held the search was illegal.

If you are charged with a crime based on a police pat down or search, contact a criminal law attorney immediately. An attorney can review your case for its best possible defense. Could the object in question be reasonably mistaken for a weapon? If not, an attorney can petition the court to suppress the evidence from the search. Be advised that different judges may see the same facts very differently.  Therefore, it is best to find an attorney who is familiar with your courthouse, and can present the facts of your 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.)

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