Monday, November 26, 2018

THE CRIME OF DRUG-INDUCED HOMICIDE IN ILLINOIS

Your friend overdosed on methamphetamine or heroin and died. Worse still, you gave them the drugs. Now you are charged with drug-induced homicide.

What is that offense? What can you do?

In Illinois, you can be charged with drug-induced homicide if you unlawfully deliver a controlled substance to another, and any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. (See Illinois Drug Induced Homicide Law).

To prove causation, the state must show that your delivery of the drugs was a contributing cause of the death. Therefore, according to a recent Illinois case, even if the deceased had several drugs in their system, you may still be convicted if your particular drug was in the mix. (See People v Nere).

Drug-induced homicide is a Class X felony, punishable by 15 to 30 years in prison or an extended term of 30 to 60 years.

If you have been charged with drug-induced homicide or a similar crime, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove you guilty of all the elements of the offense beyond a reasonable doubt. Was the drug a controlled substance? Was your delivery of the drug unlawful? Did your acts actually cause the death? An attorney can probe for weaknesses in the state’s case.

An attorney can also review how the police handled your arrest. Did they have probable cause to arrest you? Was your interrogation properly handled? If not, an attorney may be able to bring a motion to suppress evidence or statements that you made.

Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

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

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

Monday, November 19, 2018

CAN YOU BE CHARGED WITH ARMED VIOLENCE IF YOU THREW THE GUN AWAY BEFORE YOUR ARREST?

Perhaps you were dealing drugs or some other offense. The police arrived, so you started to run. Worried about your gun, you threw it in the dumpster. The police caught up with you, and now you are under arrest.

Can you be charged with armed violence? The answer is yes.

Under Illinois law, you commit armed violence if you commit certain felonies, including possession of drugs with intent to deliver, while armed with a dangerous weapon. The law does not require that you be armed at the time of arrest, just that you had the weapon while you committed the crime.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its possible defense. As with most criminal offenses, the state must prove each element of the crime beyond a reasonable doubt. Can the state prove you were armed during the offense itself? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

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

Source: People v Curry.

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

Friday, November 9, 2018

DISORDERLY CONDUCT: MAKING THREATS AGAINST A SCHOOL IN ILLINOIS

In these times of highly publicized school shootings, it is no surprise that authorities take any threats against a school extremely seriously. In Illinois, such threats may be charged as disorderly conduct. Under 720 ILCS 5/26-1(a)(3.5), you commit disorderly conduct when you knowingly transmit or cause to be transmitted a threat of destruction of school property, or a threat of violence, death, or bodily harm directed against persons at a school. Such a violation is a Class 4 Felony punishable by one to four years in prison.

In a recent Illinois case, People v. Khan, a defendant posted on Facebook that he brought a gun to his college every day and that someone would anger him and “end up in the bag.” The defendant argued that his statement was ambiguous, and the jury could not find beyond a reasonable doubt that it referred to a violent act. The court disagreed stating the jury was not “required to ignore common sense and defer to the ridiculous.”

If you are charged with disorderly conduct for threatening a school, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Were you knowingly making a threat? Maybe you were being ironic? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

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

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