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March 31, 2011
- arrested?
If you are involved in a criminal arrest, what you say and how you act are being watched, recorded and remembered from the moment you come into contact with the police. Many people believe being cooperative and nice to the police will help their situation. This is a tactic used by the police to gather information and evidence against you. The moment you come into contact with a police officer, that officer is gathering information and evidence against you that can be used against you should that officer decide to arrest you. How you act and how you answer the officer’s questions can determine whether you can fight your criminal case and avoid a conviction or jail.
Below I’ve listed a few things to keep in mind when you come into contact with the police.
1. Be Courteous to the Police from the beginning of the contact to the end.
Being courteous to the police officer will always work to your advantage. The police come into contact with the worst parts of our society and are conditioned to be hostile toward individuals the are investigating or arresting. By being polite and courteous, you’ve disarmed the officer by acting unlike the people the officer usually comes into contact with. Acting in a polite and courteous way can benefit you from the moment of contact with the police throughout your arrest and into court. By being polite to the officer, he may release you, give you a citation instead of arresting you, he may not seek felony charges against you and the officer may put in a good word with you to the prosecutor in court. During my time as a prosecutor, one of my first questions to police officers was how the defendant acted toward the officer. If the officer felt you were respectful and polite, the prosecutor may reduce charges or offer some kind of deferred prosecution. While I am recommending you be courteous to the police, I am not recommending you give a confession. You do not have to answer any question the police officer asks you and you should refuse to answer the officer’s questions as politely as you can.
2. The Officer’s First Job is to Gather Evidence Against You.
A judge I practiced in front of would ask defendants who talked to much, “Do you know how the fish got caught? He opened his mouth!”
Police officers and detectives are trained to have what seem like friendly conversations with suspects of crimes. What the officers and detectives are actually doing is gathering evidence against you and recording this information on police reports for the prosecution against you. As much as you want to clear up the situation by explaining yourself to the officer, what you are doing is actually providing information to the police and doing the investigation for them. You are not doing yourself any favors by continuing to talk to the police. Your best bet is to tell the officer respectfully that before you answer any questions, you’d like to consult with an attorney.
3. Ask for a Lawyer
The most important piece of information any suspect or defendant must know is that once you inform the police that you want a criminal defense attorney, the officers are required by law to stop questioning you until a lawyer is present. It is not the officer’s responsibility to provide you with a lawyer but anything the police ask you after you’ve informed them that you want a lawyer cannot be used against you because you’ve requested a lawyer. I would recommend if you are arrested to continually request a lawyer because information you voluntarily provide to the police can be used against you. The police are trained to trick you into providing information in a voluntary way so make multiple requests for a lawyer.
4. Do Not Discuss Your Case With Anyone
If you are charged with a crime, it is crucial that you do not discuss your matter with anyone except your attorney. Outside of a spouse or priest, anyone you discuss your case with can be brought into court through the use of a subpoena and be forced to answer questions about their conversations with you about your case. If you made any kind of confession to this person, this can be brought out and used against you in court.
Purav Bhatt is a criminal defense attorney practicing in Chicago, Cook County, Dupage County and Lake County. If you have been charged with a felony or misdemeanor please contact Mr. Bhatt’s office at 773-791-9682 or visit us at www.bhattlaw.com.
March 30, 2011
 felony charges Many of my clients do not know what the difference is between felony and misdemeanor cases. Having an understanding of the difference between the two categories of criminal charges allows my clients to understand what the consequences of their legal situation and how to approach, prepare and beat their criminal charges. Below is a discussion of the different categories of felonies and the consequences of each. In Illinois, misdemeanor cases are considered less serious than felony cases.
The five classes of felony charges in Illinois are as follows:
Class 1 Felony
A Class 1 Felony is punishable by between 4 and 15 years in the Illinois Department of Corrections. Additionally, a class 1 felony carries a fine of up to $25,000. Examples of class 1 felonies include: drug possession (cocaine, heroin, methamphetamine), drug delivery, drug manufacturing, kidnapping and criminal sexual assault.
Class 2 Felony
A Class 2 Felony is punishable by bewteen 3 and 7 years in the Illinois Department of Corrections. Just like a class 1 felony, a class 2 felony also carries a fine of up to $25,000. Examples of class 2 felonies include: theft, white collar crimes, arson, drug manufacturing, drug delivery and drug possession.
Class 3 Felony
A Class 3 Felony is punishable by between 2 to 5 years in the Illinois Department of Corrections with fines of up to $25,000. Some criminal charges that are classified as class 3 felonies include: drug possession, drug delivery, drug manufacturing, aggravated battery, theft, white collar crimes and aggravated DUI (driving under the influence).
Class 4 Felony
A Class 4 Felony is punishable by between 1 to 3 years in the Illinois Department of Corrections with fines of up to $25,000. Some criminal charges that are classified as class 4 felonies include: drug possession, drug delivery, drug manufacturing, theft, white collar crimes and DUI (driving under the influence).
If you have been charged with a felony your liberty is at stake. Having aggressive, well prepared legal representation could be the difference between having a felony conviction and possibly serving prison time and beating your case. Purav Bhatt is a former Cook County prosecutor experienced in fighting felony criminal charges.
Contact Mr. Bhatt to discuss your criminal case at 773-791-9682 or visit www.bhattlaw.com.
March 25, 2011
 misdemeanor Misdemeanor charges in Illinois are categorized into 3 different classes: Class A, Class B and Class C.
Class A misdemeanors carry with them a possible sentence of up to 364 days in the county jail and a possible fine of up to $2500. Some class A misdemeanor charges include: battery 720 ILCS 5/12-3, marijuana possession between 10-30 grams 720 ILCS 550/4(c), driving under the influence (DUI) 625 ILCS 5/11-501, domestic battery 720 ILCS 5/12-3.2 and retail theft/shoplifting 720 ILCS 5/16-A(3) to name a few.
Class B misdemeanors carry with them a possible sentence of up to 180 days in the county jail and a possible fine of up to $1500. Some class B misdemeanor charges include: Criminal Trespass to Land 720 ILCS 5/21-3, Possession of Marijuana between 2.5-10 grams 720 ILCS 550/4(b) and Telephone Harassment 720 ILCS 135/1-1 to name a few. Class B misdemeanors are not often charged. Most misdemeanor charges are usually Class A or Class C charges.
Class C misdemeanors carry with them a possible sentence of up to 30 days in the county jail and a possible fine of up to $1500. Some class C misdemeanors include: assault and possession of marijuana under 2.5 grams.
If you have been charged with a class A, class B, class C misdemeanor, having strong legal representation is important. Purav Bhatt is a criminal defense attorney serving Cook, Dupage and Lake counties. I represent individuals from Chicago, Skokie, Niles, Evanston, Lincolnwood, Naperville and other suburbs. Visit him at www.bhattlaw.com.
March 22, 2011
 expungement Criminal arrests can have many detrimental consequences in one’s life. A criminal background can prevent you from finding employment, prevent you from being able to certify for certain licences or simply be an embarrassing mark on your record.
Many of my clients ask me about what they can do to clear their records after an arrest. Oftentimes, whether an individual qualifies for an expungement or sealing of his record will depend on what type of background the person has and what the outcome of the current case was. After these questions are answered, only then can you determine whether you qualify for an expungement, sealing or neither.
So what is the difference between an expungement and a sealing of your record?
Expungements
An expungement causes the physical destruction of one’s records or to return the records to the petitioner, and to obliterate (remove) the petitioner’s name from any official index or public record. This allows a person arrested for a misdemeanor offense such as: retail theft, marijuana possession, battery, assault, etc. and some felony arrests to be erased off of one’s criminal background permanently. Illinois understands that an arrest record can be accessed by potential employers, educational institutions and law enforcement. As a result, Illinois has allowed an individual to clear his or her record if that person’s background qualifies under the expungement guidelines. So what are those guidelines?
First, you must determine whether your case was dismissed or you were found not guilty at a trial. If so, your charge will qualify for an expungement.
If you were placed on supervision, it will depend on what charge you were placed on supervision for. If the charge is retail theft, domestic battery or operating an uninsured motor vehicle, you must wait 5 years before you qualify to have your record expunged. If you were placed on supervision for another offense aside from the offenses mentioned above, you will be required to wait 2 years before qualifying to expunge your record.
Once a criminal background is expunged, the police file is either destroyed or returned to the defendant who sought the expungement.
Sealing
The sealing of ones record allows the criminal record to be closed to public access. Sealing allows the individual to physically and electronically maintain records, but to make the records unavailable to the public without a court order and to obliterate (remove) the petitioner’s name from any official index or public record. However, law enforcement agencies and the courts will still have access to the records, as will other entities and employers allowed by law.
Sealing one’s criminal record is attractive because oftentimes, my clients simply wish to protect their ability to gain employment and the sealing of a criminal record allows you to do that.
First Steps?
The first step in seeking an expungement or sealing of a criminal record is for the individual to get a copy of his or her rap sheet from Criminal History Access and Review Records Services Division –4770 S Kedzie, Chicago, Illinois.
Once the rap sheet is in possession, a certified copy of disposition needs to be compiled in order to complete the petition to expunge or seal.
Purav Bhatt is a criminal defense attorney with offices in Lincolnwood, Illinois. His office routinely handles expungements and sealing petitions for his clients.
If you have any questions about expungements or sealings or would like to discuss completing the petition contact us or call us at 773-791-9682.
March 19, 2011
Retail theft or shoplifting is an offense that crosses age groups, socio-economic status and races. Recently, changes have been made to the theft laws here in Illinois. These changes favor defendants so it is vital a person knows what these changes are so that he/she can put forth the best defense against theft charges.
The most important change is in the Theft and Retail Theft statutes found in 720 ILCS 5/16-1 and 720 ILCS 5/16-3. Previously, if you were charged with theft or retail theft, and the value of the item or items taken was over $300 you could be charged with a class 4 felony. A class 4 felony carries with it a penalty of between 1-3 years in prison. The new statute has raised the value of the item to $500. What this means for those charged with theft, shoplifting or retail theft is that if the value of the item taken was $499.99 or below, you will be charged with a class A misdemeanor which is punishable by up to 364 days in the county jail, does not involve prison time and avoids a felony conviction on your record. Additionally, misdemeanor convictions are more often allowed to be cleared off your record through expungement or sealing while a felony conviction will require clemency through the governors office (a much more time consuming process).
As of January 1, 2011, the theft and retail theft laws in Illinois have changed so that it is a misdemeanor if the value is $300 or less. For those charged with these offenses, this is a major improvement in the law, because, as we all can see, prices for all items are increasing. As a result of the new law, many first time offenders who would have been charged as felonies are now eligible to be charged as misdemeanors.
If you or a loved one has been charged with theft, retail theft, shoplifting or any other criminal matter, please call or contact Purav Bhatt at 773-791-9682.
March 18, 2011
Many criminal defendants do not know the difference between being charged with assault and battery. While there are similarities between assault and battery, there are significant differences in the consequences of the two. Assault is considered a class C misdemeanor and carries with it a possible jail sentence of up to 30 days in the county jail. Battery is a class A misdemeanor and carries with it a possible penalty of up to 364 days in the county jail. Both assault and battery are considered violent crimes, but when prosecutors and judges review an individual’s criminal background for the purpose of determining a sentence or for the purpose of expungement, an assault is viewed with much less severity than a battery charge.
So what’s the difference?
Assault is threatening bodily harm that reasonably causes fear of harm to the victim. The law is laid out in Illinois Criminal Statute 720 ILCS 5/12-1. Battery is the actual physical contact with another person and is laid out in Illinois Criminal Statute 720 ILCS 5/12-3. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this is considered a battery. If the victim has not actually been touched, but only threatened or attempted, then that is considered an assault. Consider the act of spitting in someone’s face. This is not painful, violent,or harmful, but it is certainly offensive and there is an impact, a touching, so this would be a battery.
If you have been charged with assault or battery you and your family deserve the best representation. Criminal defense attorney Purav Bhatt handles assault and battery cases throughout Cook, Dupage and Lake counties.
Contact us if you would like to discuss your matter.
March 16, 2011
 DUI stands for driving under the influence. Illinois, like many other states, has tailored its DUI laws to cover situations where the person was not actually driving. Instead, to be charged with a DUI, you simply need to be in “control” of the vehicle. According to Illinois law, this is considered controlling a car without driving.
However, there are some circumstances where it is not so clear that a person is “actually controlling” a car. There has been a growing question about what it means to be “controlling” a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol. Someone who sleeps in their properly parked car after getting drunk is not “controlling” their car for purposes of Illinois DUI law. Occasionally, there are situations that are legally unclear such as when the key is in the ignition to turn on the air condition. Does that action create a DUI?
People may have no intention to drive, but only to sleep in their car. Maybe the keys were in the ignition to roll down the window, turn on the air conditioning or turn on the radio?
The Illinois DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts.
If you’ve been charged with a DUI, you may have more defenses than you think are available to you. I am a criminal defense attorney specializing in DUI cases in Chicago, Lincolnwood, Skokie and Evanston. Please contact Purav Bhatt if you’d like to discuss your options.
 My name is Purav Bhatt and I am a criminal defense attorney serving cook, dupage and lake counties. My law practice focuses entirely on criminal defense and specializes in felony and misdemeanor crimes including drug possession, drug delivery, assault and battery, retail theft/shoplifting, DUI and animal crimes.
Today I am writing to explain what you should know if you are charged with any animal crimes.
As a former Cook County prosecutor, I prosecuted dozens of cases under the Humane Care for Animals Act to protect dogs, cats and other pets. Because of the sensitive nature of these cases, many different parties are involved in the prosecution of defendants charged under these statutes. Along with the State’s Attorney, numerous groups are involved in the prosecution of animal crimes. These groups include: the Chicago Police (they have a unit dedicated to searching out animal crimes offenders), D.A.W.G. (a community group that tracks and follows animal cruelty cases), and the Cook County Animal Care and Control Unit.
Animal Cruelty crimes fall under the Humane Care for Animals Act (510 ILCS 70/1-18. The most common crimes charged under these statutes are:
1. Violation of Owners Duties – failure to provide basic necessities for animal like food, water, shelter, veterinary care, etc.
2. Cruel Treatment – includes anyone who beats, cruelly treats, torments, starves, overworks or otherwise abuses any animal.
While other charges exist, these 2 are the most commonly charged in Illinois.
It is important for any defendant to be knowledgeable of the procedure that must be followed by the prosecution. Below I’ve provided some information that the defendant should be aware of when being charged with animal crimes:
1. The State’s Attorney must file a petition for the defendant/owner to pay security for the animals when they are in State care. This comes out to roughly $9/per day/per animal.
a. Once the petition is filed with the court by the State’s Attorney a hearing must be scheduled within 5 business days and the State must serve a copy of the petition to the defendant and to Animal Care and Control. A petition can be filed at anytime during the duration of the case. If security is required by the Court, the petition must be filed every 30 days to require the defendant to pay.
2. The State must file a forfeiture petition within 14 days of the seizure of the animals.
a. Oftentimes, the State will file a petition ordering the defendant to forfeit the animals over to State care as a result of the seizure. The State’s Attorney’s only opportunity to file the forfeiture petition in a timely matter occurs at the defendant’s bond hearing but they often fail to do so. If this is the case, usually the State’s Attorney in the prosecuting courtroom will try to file the petition for forfeiture. To the unknowing defendant, this is usually outside the 14 day statutory window to file this petition.
b. Additionally, forfeiture is only allowed for certain charges under the Humane Care for Animals Act but police officers will seize and attempt to cause forfeiture for all animal crimes. Many defendants do not know whether forfeiture is appropriate or not for their crimes and fail to object.
If you are charged under the Humane Care for Animals Act you need to be aware of your rights. You have defenses all along the legal process.
To see more about these crimes visit http://www.avvo.com/legal-guides/ugc/your-rights-when-arrested-for-animal-cruelty-crimes or contact Purav Bhatt at 773-791-9682.
Welcome to my blog. My name is Purav Bhatt and I am an Indian Attorney in Chicago, Cook county, Dupage county and Lake county. As a lawyer practice services Lincolnwood, Skokie, Evanston and all other Chicago surrounding suburbs.
My practice concentrates on criminal defense. Criminal attorney Chicago.
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