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 .
Wednesday, July 28, 2010
Wednesday, July 14, 2010
“I DIDN’T DO IT!”: WHEN YOU ARE CHARGED AS AN ACCESSORY TO A CRIME
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
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
Tuesday, June 29, 2010
'I CAN'T GET A JOB!": CLEARING YOUR CRIMINAL RECORD - PARDONS & EXPUNGEMENTS
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, your may still be able to expunge your record after a certain period. (For example, you must wait five years from completing the terms of a supervision for retail theft. Other charges may require as little as two years.) 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. 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 objects to your Petition within 60 days, you may be given a court appearance to defend your request.
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.
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 matt@mattkeenanlaw.com.
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, your may still be able to expunge your record after a certain period. (For example, you must wait five years from completing the terms of a supervision for retail theft. Other charges may require as little as two years.) 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. 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 objects to your Petition within 60 days, you may be given a court appearance to defend your request.
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.
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 matt@mattkeenanlaw.com.
Wednesday, June 16, 2010
'I'VE BEEN STOPPED FOR SHOPLIFTING!": STORE SECURITY AND YOUR RIGHTS
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.
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.
"I HOSTED AN UNDERAGE DRINKING PARTY!": YOUR RESPONSIBILITY AS A PARENT
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.
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.
Friday, May 7, 2010
IN TROUBLE AGAIN: WHEN YOU HAVE VIOLATED YOUR PROBATION OR SUPERVISION
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.
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.
Friday, April 16, 2010
'IT JUST POPPED OUT!": WHEN YOU ARE ACCUSED OF HATE SPEECH
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 for advice.
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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 for advice.
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Wednesday, March 10, 2010
"THEY SUSPENDED MY LICENSE!": ALCOHOL AND THE UNDERAGE DRIVER
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 for advice.
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 for advice.
Thursday, March 4, 2010
“I JUST PANICKED!”: WHEN YOU ARE CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT
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 for advice.
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 for advice.
Wednesday, February 10, 2010
'BUT I WASN'T ON CAMPUS!": WHEN YOU ARE DISCIPLINED AT COLLEGE FOR AN OFF-CAMPUS CRIMINAL CHARGE
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 for advice.
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 for advice.
Thursday, January 28, 2010
“MY LOVED ONE HAS BEEN ARRESTED!”: POLICE CUSTODY AND THE BOND HEARING
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.
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.
Tuesday, January 5, 2010
"THE POLICE ARE LOOKING FOR ME": WHEN YOU ARE A SUSPECT OR FEAR ARREST
“THE POLICE ARE LOOKING FOR ME”: WHEN YOU ARE A SUSPECT OR FEAR ARREST
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 for advice.
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 for advice.
Monday, December 28, 2009
'I THOUGHT I WOULD HAVE THE MONEY": WHEN YOU BOUNCE A CHECK DUE TO INSUFFICIENT FUNDS
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 email matt@mattkeenanlaw.com for advice.
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 email matt@mattkeenanlaw.com for advice.
Thursday, December 3, 2009
I HAVE A FELONY. WHAT CAN I EXPECT?
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.
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.
Monday, November 2, 2009
BUT I WAS BELOW THE BLOOD ALCOHOL LIMIT!: HOW YOU CAN STILL BE ARRESTED FOR DUI EVEN WITH A BREATHALYZER UNDER .08
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 email matt@mattkeenanlaw.com for advice.
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 email matt@mattkeenanlaw.com for advice.
Monday, October 26, 2009
CAN THEY DO THAT? SCHOOL SEARCHES OF STUDENTS FOR DRUGS AND WEAPONS
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 for advice.
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 for advice.
Thursday, October 8, 2009
"BUT MY CHILD DIDN'T START IT": WHEN YOUR CHILD IS FACING SUSPENSION, EXPULSION OR JUVENILE COURT CRIMINAL CHARGES FOR FIGHTING
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 for advice.
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 for advice.
Monday, September 21, 2009
"I MEANT TO PAY FOR IT": WHEN YOU ARE ACCUSED OF SHOPLIFTING
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 for advice.
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 for advice.
Friday, July 10, 2009
"IT'S NOT WHAT YOU THINK!": WHEN VISITING AN INAPPROPRIATE WEBSITE CAUSES YOU TROUBLE
You are a dedicated public school teacher. Your students adore you. You have even received awards for your innovative teaching techniques. So it is with great dismay that you find yourself hauled into the principal’s office. It appears you have been visiting some websites on school time that your district deems inappropriate, even pornographic.
You know it looks funny, but you really do have a legitimate explanation for visiting those sites. You are afraid if you say anything, however, you could still lose your job. You may even face criminal charges.
In Illinois, anyone who knowingly possesses any film, videotape, photograph or computer depiction of any child engaged in a sexual act, or in a “lewd exhibition of the unclothed or transparently clothed” private regions or partially or fully clothed female breast, is guilty of a Class 3 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000.
What can you do?
If you find yourself in this or a similar situation, you should consult an attorney immediately. An experienced attorney can evaluate your options and present your defense in the best light possible. Swift action on your attorney’s part may prevent you from losing your job and may even lessen the risk of criminal charges being brought.
Was the site truly indecent? The definition of obscenity can be somewhat vague. At one time, even birth control literature violated indecency laws. Maybe your employer is unduly sensitive and finds material that is legally acceptable to be offensive. Maybe you were unaware that you were in possession of these materials. Perhaps someone with access to your computer had visited these locations. Even if you knowingly visited the site and it does look bad, however, you might really have a legitimate and believable reason for visiting there.
Should you find yourself accused of accessing indecent materials, it is imperative that you not speak to anyone except your attorney about your case. Comments or emails to friends could come back to haunt you and could undermine any defense you may later choose to make. You should remove any Facebook or similar pages that might contain comments about your situation. If you have questions, feel free to contact Matt Keenan at 847-568-0160. While my email address is matt@mattkeenanlaw.com, it may not be advisable to email in case your computer files should become subject to a search.
You know it looks funny, but you really do have a legitimate explanation for visiting those sites. You are afraid if you say anything, however, you could still lose your job. You may even face criminal charges.
In Illinois, anyone who knowingly possesses any film, videotape, photograph or computer depiction of any child engaged in a sexual act, or in a “lewd exhibition of the unclothed or transparently clothed” private regions or partially or fully clothed female breast, is guilty of a Class 3 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000.
What can you do?
If you find yourself in this or a similar situation, you should consult an attorney immediately. An experienced attorney can evaluate your options and present your defense in the best light possible. Swift action on your attorney’s part may prevent you from losing your job and may even lessen the risk of criminal charges being brought.
Was the site truly indecent? The definition of obscenity can be somewhat vague. At one time, even birth control literature violated indecency laws. Maybe your employer is unduly sensitive and finds material that is legally acceptable to be offensive. Maybe you were unaware that you were in possession of these materials. Perhaps someone with access to your computer had visited these locations. Even if you knowingly visited the site and it does look bad, however, you might really have a legitimate and believable reason for visiting there.
Should you find yourself accused of accessing indecent materials, it is imperative that you not speak to anyone except your attorney about your case. Comments or emails to friends could come back to haunt you and could undermine any defense you may later choose to make. You should remove any Facebook or similar pages that might contain comments about your situation. If you have questions, feel free to contact Matt Keenan at 847-568-0160. While my email address is matt@mattkeenanlaw.com, it may not be advisable to email in case your computer files should become subject to a search.
Friday, March 20, 2009
BUT I JUST TEXTED: HOW SEXTING CAN GET YOU IN TROUBLE.
You just broke up with your girlfriend from school, and you’re upset. You don’t think she treated you right, so to get even with her, you’ve texted those nude photos you took on your cell phone in better days to ten of your friends.
Or maybe, you think your steady looks fantastic, and you just were showing off. Or you thought if that special someone saw what they were missing, you might get that first date.
If you sent nude pictures via texting, there’s a new name for what you did: Sexting. Maybe sexting made you feel better about that girlfriend or proud of your steady for the moment. But the consequences of sexting, such as a conviction for child pornography, can follow you around for the rest of your life.
Concerned with the rising tide of sexting, prosecutors and school officials are looking to set examples, not without some reason. Some offenders have used sexting to solicit nude photos of young people. In one Ohio case, the sexting victim was harassed and committed suicide. Because of cases like these, the Illinois Attorney General has asked victims of sexting to call its Internet Crimes Against Children Task Force.
But in the absence of laws tailored to this new technology, prosecutors are relying on the more severe child pornography laws even against defendants, who are themselves high school students. In Illinois, you may have committed a Class 1 felony if you 1) filmed, videotaped or photographed any one that you should have known was under the age of 18 in lewd exhibitions of nudity or 2) knowing the contents of those pictures, you distributed them, i.e. via texting.
If found guilty, you may face a prison term ranging from 15 to 30 years along with fines between $1,000 and $100,000 dollars for each offense. You may also land on the sex offender registry. As a student, you may be expelled. Today, more schools are disciplining students for offenses, even if the activity took place off school grounds. In this case, sexting technology can cause something that took place outside the school to enter the school’s domain.
Even if the victim is over the age of 18, you could still be charged for harassment or for an obscenity offense.
If you think you might be charged because of sexting, contact an attorney immediately. Don’t speak to anyone about your case because those statements could be used against you. Sometimes an attorney can even help prevent charges from being brought. Even if you are charged, your case may not be hopeless. You might reasonably have believed the victim was over the age of 18. You may not have been the one who sent the text. Maybe you forwarded something without knowing the contents. If you have questions about your situation, feel free to contact me at 847-568-0160 or email matt@mattkeenanlaw.com for advice.
Or maybe, you think your steady looks fantastic, and you just were showing off. Or you thought if that special someone saw what they were missing, you might get that first date.
If you sent nude pictures via texting, there’s a new name for what you did: Sexting. Maybe sexting made you feel better about that girlfriend or proud of your steady for the moment. But the consequences of sexting, such as a conviction for child pornography, can follow you around for the rest of your life.
Concerned with the rising tide of sexting, prosecutors and school officials are looking to set examples, not without some reason. Some offenders have used sexting to solicit nude photos of young people. In one Ohio case, the sexting victim was harassed and committed suicide. Because of cases like these, the Illinois Attorney General has asked victims of sexting to call its Internet Crimes Against Children Task Force.
But in the absence of laws tailored to this new technology, prosecutors are relying on the more severe child pornography laws even against defendants, who are themselves high school students. In Illinois, you may have committed a Class 1 felony if you 1) filmed, videotaped or photographed any one that you should have known was under the age of 18 in lewd exhibitions of nudity or 2) knowing the contents of those pictures, you distributed them, i.e. via texting.
If found guilty, you may face a prison term ranging from 15 to 30 years along with fines between $1,000 and $100,000 dollars for each offense. You may also land on the sex offender registry. As a student, you may be expelled. Today, more schools are disciplining students for offenses, even if the activity took place off school grounds. In this case, sexting technology can cause something that took place outside the school to enter the school’s domain.
Even if the victim is over the age of 18, you could still be charged for harassment or for an obscenity offense.
If you think you might be charged because of sexting, contact an attorney immediately. Don’t speak to anyone about your case because those statements could be used against you. Sometimes an attorney can even help prevent charges from being brought. Even if you are charged, your case may not be hopeless. You might reasonably have believed the victim was over the age of 18. You may not have been the one who sent the text. Maybe you forwarded something without knowing the contents. If you have questions about your situation, feel free to contact me at 847-568-0160 or email matt@mattkeenanlaw.com for advice.
Wednesday, February 18, 2009
THE DRUGS AREN'T MINE: WHEN YOU ARE CHARGED WITH POSSESSION OF NARCOTICS
You’ve just been arrested for possession of a controlled substance. Maybe it’s marijuana or cocaine or methamphetamine or even heroin. Maybe the substance was mailed to you in a package or the police found it in your car or the apartment you share with a roommate. Whatever the circumstances, you say the drugs aren’t yours. Can you get your case dismissed?
To prove possession of a controlled substance, the state must show: 1) you knew about the presence of the drugs, and 2) the drugs were in your immediate and exclusive control. The police do not have to show you had the drugs on your person. Constructive possession is enough. For example, the drugs are in your closet and no one else has the keys to your home.
Since actual knowledge is difficult to prove, the state can infer that you knew about the narcotics from your acts, declarations or conduct. Maybe you threw the package out the car window to conceal it. Or you made up several conflicting stories about the package and who it was for. Sometimes, the fact you opened a package addressed to you can be enough. At other times, your knowledge can be inferred from your control of the package, as when you tried to conceal the narcotics.
While the state must show the drugs were in your immediate and exclusive control, the fact that others had access to your drugs may not be enough to get an acquittal. Possession may be held jointly. You may be in a car with three other people when a police officer, in a routine stop, finds cocaine under the seat. The police may charge you even if you really didn’t know about the drugs.
The law regarding drug offenses can be very fact specific. A lot can also depend on who your judge is. If you are charged with a narcotics offense, your best chances lie in seeking legal counsel as early as possible. If you are placed under arrest, do not talk to the police and instead ask to speak with an attorney. An experienced attorney can determine whether the police violated your Fourth Amendment rights when they arrested you. An attorney can also guide you toward the best defense if your case should go to trial. If you have any questions, feel free to call me at 847-568-0160 or email me at matt@mattkeenanlaw.com.
To prove possession of a controlled substance, the state must show: 1) you knew about the presence of the drugs, and 2) the drugs were in your immediate and exclusive control. The police do not have to show you had the drugs on your person. Constructive possession is enough. For example, the drugs are in your closet and no one else has the keys to your home.
Since actual knowledge is difficult to prove, the state can infer that you knew about the narcotics from your acts, declarations or conduct. Maybe you threw the package out the car window to conceal it. Or you made up several conflicting stories about the package and who it was for. Sometimes, the fact you opened a package addressed to you can be enough. At other times, your knowledge can be inferred from your control of the package, as when you tried to conceal the narcotics.
While the state must show the drugs were in your immediate and exclusive control, the fact that others had access to your drugs may not be enough to get an acquittal. Possession may be held jointly. You may be in a car with three other people when a police officer, in a routine stop, finds cocaine under the seat. The police may charge you even if you really didn’t know about the drugs.
The law regarding drug offenses can be very fact specific. A lot can also depend on who your judge is. If you are charged with a narcotics offense, your best chances lie in seeking legal counsel as early as possible. If you are placed under arrest, do not talk to the police and instead ask to speak with an attorney. An experienced attorney can determine whether the police violated your Fourth Amendment rights when they arrested you. An attorney can also guide you toward the best defense if your case should go to trial. If you have any questions, feel free to call me at 847-568-0160 or email me at matt@mattkeenanlaw.com.
Wednesday, January 14, 2009
THE NEW ILLINOIS DUI DRIVING MONITOR DEVICES
As of January 1, 2009, Illinois has a new system for permitting first time DUI offenders to drive. The Monitoring Device Driving Permit (MDDP) allows a qualified driver more leeway than the old system, but involves a new set of rules and costs.
Prior to this year, first time DUI offenders could request a Judicial Driving Permit in order to drive to work. The permit outlined specific routes and times to drive. The new MDDP allows a driver to use the car at any time and drive anywhere once a Breath Alcohol Ignition Interlock Device (BAIID) is installed.
When you are charged with a DUI, the Secretary of State automatically suspends your driver’s license for a certain period. The new law has doubled these time periods. Your license is suspended for 6 months if you do take the breathalyzer and 12 months if you don’t. Please keep in mind that an experienced attorney may be able to fight a driving suspension, and that if you have been drinking, you will have a greater chance of winning your case if you refuse the breathalyzer.
To qualify for an MDDP, you must be a first offender for a DUI with no previous conviction or supervision for DUI within the last five years. You must be at least 18 years old and have an otherwise valid driver’s license. Your DUI must not have resulted in death or great bodily harm and you cannot be previously convicted of reckless homicide or aggravated DUI involving death.
Once the Judge approves your MDDP, you must pay to have the BAIID installed on your car. You must then pay up to $30 per month to the Secretary of State for administration. The entire Secretary of State fee is due up front. Then you must pay a private company for installation at an average cost of $150 with average monthly fees of $115.
The BAIID operates like a portable breathalyzer machine. You must blow into the BAIID before starting the car. The BAIID analyzes your alcohol level and will not let you start the car unless you are below .025. (The legal limit in Illinois is .08) The BAIID records its activity.
The BAIID also requires that you perform a retest at random intervals. If you fail the retest while driving, your car will begin honking repeatedly to alert law enforcement. The car also honks if you tamper with the BAIID.
Other rules include taking your BAIID-car for retesting within 5 days upon notice and at least every 30 days, or you will be permanently locked out. You must keep a journal of problems with using the BAIID including any failures to pass a test or retest.
If you have any question about the new rules, feel free to contact me or another attorney. You can reach me at matt@mattkeenanlaw.com or call 847-568-0160.
Prior to this year, first time DUI offenders could request a Judicial Driving Permit in order to drive to work. The permit outlined specific routes and times to drive. The new MDDP allows a driver to use the car at any time and drive anywhere once a Breath Alcohol Ignition Interlock Device (BAIID) is installed.
When you are charged with a DUI, the Secretary of State automatically suspends your driver’s license for a certain period. The new law has doubled these time periods. Your license is suspended for 6 months if you do take the breathalyzer and 12 months if you don’t. Please keep in mind that an experienced attorney may be able to fight a driving suspension, and that if you have been drinking, you will have a greater chance of winning your case if you refuse the breathalyzer.
To qualify for an MDDP, you must be a first offender for a DUI with no previous conviction or supervision for DUI within the last five years. You must be at least 18 years old and have an otherwise valid driver’s license. Your DUI must not have resulted in death or great bodily harm and you cannot be previously convicted of reckless homicide or aggravated DUI involving death.
Once the Judge approves your MDDP, you must pay to have the BAIID installed on your car. You must then pay up to $30 per month to the Secretary of State for administration. The entire Secretary of State fee is due up front. Then you must pay a private company for installation at an average cost of $150 with average monthly fees of $115.
The BAIID operates like a portable breathalyzer machine. You must blow into the BAIID before starting the car. The BAIID analyzes your alcohol level and will not let you start the car unless you are below .025. (The legal limit in Illinois is .08) The BAIID records its activity.
The BAIID also requires that you perform a retest at random intervals. If you fail the retest while driving, your car will begin honking repeatedly to alert law enforcement. The car also honks if you tamper with the BAIID.
Other rules include taking your BAIID-car for retesting within 5 days upon notice and at least every 30 days, or you will be permanently locked out. You must keep a journal of problems with using the BAIID including any failures to pass a test or retest.
If you have any question about the new rules, feel free to contact me or another attorney. You can reach me at matt@mattkeenanlaw.com or call 847-568-0160.
CAN I PLEASE GO NOW? WHEN A POLICE STOP BECOMES A SEIZURE.
You are sitting in an empty parking lot late at night when a police car pulls up behind you. The officer says he needs to ask you a few questions. You start worrying about that joint you hid in your wallet or that open beer bottle under your seat. You just want to leave. Can you?
The police can make three types of stops. The first type involves the polices’ community caretaking function. An officer can ask you to voluntarily cooperate in giving information. The officer need not have a specific basis to stop you. However, you need not answer any questions, and you can walk away.
The second type is an investigatory stop. Now, the officer must have a reasonable and articulable suspicion of wrongdoing at the time he or she made the stop. The officer cannot act on a hunch and cannot justify the stop after the fact just because illegal activity was discovered. This type of stop must be brief and non-intrusive. You may still refuse to answer any questions and you are still free to go.
The third type of stop is a seizure or detention under the Fourth Amendment. In other words, you are no longer free to leave. Before seizing you, the police must have probable cause to believe you have commited a crime.
If you are ever stopped by the police, ask them “Am I free to go?” If the answer is no, then you have been seized and the police must have probable cause to detain you. The police may indicate that you have been detained in some other fashion: They may block your car. They may activate their signal lights. They may use physical force.
If you do get detained, my advice is to stay calm. Do not consent to a search of your car or personal effects. Also, do not answer any questions. You may think you are explaining your way out of a situation only to dig yourself deeper into a hole. If you are arrested, you should immediately request an attorney. Feel free to contact me at matt@mattkeenanlaw.com or 847-568-0160.
The police can make three types of stops. The first type involves the polices’ community caretaking function. An officer can ask you to voluntarily cooperate in giving information. The officer need not have a specific basis to stop you. However, you need not answer any questions, and you can walk away.
The second type is an investigatory stop. Now, the officer must have a reasonable and articulable suspicion of wrongdoing at the time he or she made the stop. The officer cannot act on a hunch and cannot justify the stop after the fact just because illegal activity was discovered. This type of stop must be brief and non-intrusive. You may still refuse to answer any questions and you are still free to go.
The third type of stop is a seizure or detention under the Fourth Amendment. In other words, you are no longer free to leave. Before seizing you, the police must have probable cause to believe you have commited a crime.
If you are ever stopped by the police, ask them “Am I free to go?” If the answer is no, then you have been seized and the police must have probable cause to detain you. The police may indicate that you have been detained in some other fashion: They may block your car. They may activate their signal lights. They may use physical force.
If you do get detained, my advice is to stay calm. Do not consent to a search of your car or personal effects. Also, do not answer any questions. You may think you are explaining your way out of a situation only to dig yourself deeper into a hole. If you are arrested, you should immediately request an attorney. Feel free to contact me at matt@mattkeenanlaw.com or 847-568-0160.
Monday, November 24, 2008
DO I NEED AN ATTORNEY?
Whether it's internet crime, DUI, a simple traffic ticket or a more serious misdemeanor like retail theft or internet crime, clients often ask: "Do I really need an attorney?" The client may have blown a bad breathalyzer test and thinks a guilty plea is a foregone conclusion. Or a client may feel they will just get the same fine that everyone else does without paying more money to an attorney.
Whatever your crime and no matter how guilty you may be, an attorney can only benefit you when you appear in court. You may feel you are "nailed" anyway, but as one attorney friend of mine once said, you may not realize just how deep that nail can go.
One person I know of represented himself on a misdemeanor case. The court convicted him on his first offense, instead of giving him the supervision that I know he was eligible for. In most cases, supervision allows you to clean the arrest off your record at a later date. But a conviction can follow you around forever. So by not consulting an attorney first, that person created a problem that he is still living with.
Not all attorneys are equal. An attorney who has a reputation for pleaing out every case may not get you the respect your case deserves. But a skillful attorney with a reputation for vigorously defending their clients can help you immeasurably. The court is more likely to offer a better deal because the court know that attorney will put his money where his mouth is and take the case to trial.
Whatever your crime and no matter how guilty you may be, an attorney can only benefit you when you appear in court. You may feel you are "nailed" anyway, but as one attorney friend of mine once said, you may not realize just how deep that nail can go.
One person I know of represented himself on a misdemeanor case. The court convicted him on his first offense, instead of giving him the supervision that I know he was eligible for. In most cases, supervision allows you to clean the arrest off your record at a later date. But a conviction can follow you around forever. So by not consulting an attorney first, that person created a problem that he is still living with.
Not all attorneys are equal. An attorney who has a reputation for pleaing out every case may not get you the respect your case deserves. But a skillful attorney with a reputation for vigorously defending their clients can help you immeasurably. The court is more likely to offer a better deal because the court know that attorney will put his money where his mouth is and take the case to trial.
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