Friday, July 24, 2020

AM I RESPONSIBLE FOR A CRIME IF I WAS UNDER THE INFLUENCE OF A PRESCRIPTION DRUG?

The answer is that you may have a diminished capacity defense if you were involuntarily intoxicated because you were not warned about the side effects of a prescription drug. Beyond that, diminished capacity and/or voluntary intoxication is not recognized as a defense in Illinois.

To prove diminished capacity, you must show: 1) that your conduct was involuntary because of the unwarned side effects of prescription medication; and 2) these side effects made you so intoxicated that you lacked substantial capacity either to appreciate that you were committing a crime or to conform your behavior to the requirements of the law. See 720 ILCS 5/6-3.

A defendant’s burden to prove diminished capacity is very high and mostly unsuccessful. For example, in People v. Taliani, the defendant argued that he had not been warned about the side effects of taking Buspar and Desyrel simultaneously. As such, he suffered from heightened irritability, confusion, altered consciousness and increased ideas of suicide, which he claimed led to killing his girlfriend and shooting her mother. The court found that while the defendant may have shown he suffered from involuntarily produced side effects, it was not apparent that those side effects deprived him of the substantial capacity to know that shooting the victims was a criminal act or to refrain from engaging in that conduct.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Do the police have probable cause to arrest you? Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

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

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

Friday, July 17, 2020

WHAT IS CHILD PORNOGRAPHY UNDER ILLINOIS CRIMINAL LAW?

Under Illinois law, you may not photograph, film or depict any minor child in a pose involving a lewd exhibition of the child’s unclothed or transparently clothed private parts. You also may not possess such depictions of a child you know is under age 18.

But how do you know if the photo you have is pornography? A recent Illinois case reviewed that topic.

In People v. Van Syckle, the court used an objective standard in weighing the following six factors: 1) whether the focal point of the visual depiction is on the child’s genitals; (2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; (3) whether the child, considering its age, is depicted in an unnatural pose or in inappropriate attire; (4) whether the child is fully or partially clothed or nude; (5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; and (6) whether the visual depiction is intended or designed to elicit a sexual response in the viewer. As to the sixth factor, the court looks at whether the image invites the viewer to perceive the image from some sexualized or deviant point of view.

In the above case, the defendant was a high school pool equipment manager who secretly videotaped a 14-year-old student as she was changing out of her swimsuit. The lower court dismissed the case finding that the images did not meet the definition of lewd. However, the appellate court said this issue needed to be reconsidered and sent the case back for further review.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did the police search your computer and was that search legal? Can the state prove all the elements of your offense beyond a reasonable doubt? Whether a photo is seen as pornographic can depend somewhat on your particular judge or jury. Even if the evidence is clear, 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.)

Friday, July 3, 2020

CAN A MURDER SENTENCE IN ILLINOIS BE COMMUTED?

The answer is yes. Given the right circumstances, you can petition the governor to reduce a life sentence, and such petitions have been granted.

The governor of Illinois has full power to commute any sentence or issue a pardon for any petitioner he or she deems is worthy. Current governor J.B. Pritzker has already commuted sentences of convicted felons in a number of cases, including some that were very serious. During the COVID-19 crisis, some requests have even been expedited.

After filing a petition with the Prisoner Review Board, you will have an opportunity to present witnesses at a hearing, although prisoners are not be permitted to appear. These hearings are held both in Chicago and in Springfield. The Prisoner Review Board then makes a recommendation to the governor.

The real question is: Can you make a strong case? What was the nature of your involvement in the offense? Were you in a barroom fight or did you take several weeks to plan the perfect crime? How many years have you served on your sentence? What is your prison record like? Have you shown genuine remorse and have you genuinely reformed? Do you have credible character references? Are there special circumstances? During the Covid-19 outbreak, some convicted felons are being released if they can demonstrate a history of significant health issues, such as serious heart trouble or emphysema

Realistically, a serial killer or the perpetrator of a particularly vicious act is not going to be considered for release. Short of that, an experienced attorney can assist in evaluating whether there are compelling reasons to proceed with a petition.

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.)