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September 9, 2011
Charges against a woman who recorded Chicago Police investigators without their knowledge were dismissed.
The woman never denied recording the police officers on her smartphone but told the jury that the reason she did so was because she felt the Chicago Police investigators were pressuring her to drop her complaint against another officer.
The officer against whom the woman was filing a complaint had made advances toward her while responding to a domestic battery call against the woman’s boyfriend.
The woman was charged under the Illinois Eavesdropping Act which makes it illegal to record any conversation without the permission of all parties involved in the conversation. Illinois is one of a handful of states which still have eavesdropping laws. Most states have recognized that recording conversations or the actions of law enforcement officers on video as a powerful too to protect the public against unlawful actions disguised as law enforcement actions.
Continuing with the momentum of the victory, the American Civil Liberties Union has challenged the eavesdropping law in federal court.
Purav Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake and Will counties. He is located in Lincolnwood, Illinois near most Chicago and suburban courthouses including: Skokie, Maywood and Rolling Meadows.
If you or a loved on has been arrested for a criminal offense please contact Mr. Bhatt at 773-791-9682 to discuss your matter.
August 1, 2011
 criminal charges Oftentimes people call my office with questions similar to this…, “I’ve been charged with 720 ILCS 550/4-B. Is that bad?”
It’s one thing to know generally what you’ve been charged with, but understanding your criminal charges specifically can give you greater understanding of the consequences of your charges as well as how to fight them.
Below I’ve listed the most frequent criminal charges people call me about and the statute citations associated with those charges.
CHARGE STATUTE CITATION
First degree Murder – 720 ILCS 5/9-1
Kidnapping – 720 ILCS 5/10-1
Aggravated Kidnapping – 720 ILCS 5/10-2
Indecent Solicitation of a Child – 720 ILCS 5/11-6
Indecent Solicitation of an Adult – 720 ILCS 5/11-6.5
Public Indecency – 720 ILCS 5/11-9
Assault – 720 ILCS 5/12-1
Aggravated Assault – 720 ILCS 5/12-2
Battery – 720 ILCS 5/12-3
Domestic Battery – 720 ILCS 5/12-3.2
Aggravated Domestic Battery – 720 ILCS 5/12-3.3
Aggravated Battery – 720 ILCS 5/12-4
Criminal Sexual Abuse – 720 ILCS 5/12-13
Theft – 720 ILCS 5/16-1
Theft of Lost of Mislaid Property – 720 ILCS 5/16-2
Retail Theft – 720 ILCS 5/16A-3
Deceptive Practices – 720 ILCS 5/17-1
Forgery – 720 ILCS 5/17-3
Robbery – 720 ILCS 5/18-1
Armed Robbery – 720 ILCS 5/18-2
Aggravated Robbery – 720 ILCS 5/18-5
Burglary – 720 ILCS 5/19-1
Criminal Damage to Property – 720 ILCS 5/21-1
Criminal Trespass to Vehicle – 720 ILCS 5/21-2
Unlawful Use of Weapons – 720 ILCS 5/24-1
Disorderly Conduct – 720 ILCS 5/26-1
Resisting or Obstructing a Peace Officer – 720 ILCS 5/31-1
Possession of Cannabis – 720 ILCS 550/4(a), 720 ILCS 550/4(b), 720 ILCS 550/4(c)
Manufacture, delivery or possession – 720 ILCS 550/5
with intent to deliver
Manufacture or controlled substance – 720 ILCS 570/401
Possession of a controlled substance – 720 ILCS 570/402
Purav Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake and Will counties. He is located in Lincolnwood, Illinois near most Chicago and suburban courthouses including: Skokie, Maywood and Rolling Meadows.
If you or a loved one has been charged with a criminal offense, you deserve the best representation available. Contact The Law Office of Purav Bhatt at 773-791-9682.
July 14, 2011
 traffic ticket A study by the Department of Transportation found that Black and Latino drivers were more likely to be ticketed and searched by police officers during traffic stops.
The study also found that Black and Latino drivers were stopped by police at a higher rate than the rest of the state population. What is most shocking about the findings is that drugs, guns, and other illegal items were more likely to be found in vehicles driven by white drivers: 25% compared to 19% and 13% for Blacks and Latinos respectively.
The American Civil Liberties Union has filed a complaint and as a result, the Illinois State Police will review the new statistics and findings and has made promises to revise and re-train their officers to remedy the bias.
The study, conducted by the University of Illinois at Chicago’s Center for Law and Justice, found that white drivers received traffic tickets 55% of the time after a traffic stop while Hispanic and Black drivers received tickets 62% and 65% respectively. The study also found that police ask to search vehicles of minority drivers twice as often as white drivers.
If you’ve been ticketed by the police for a traffic violation, charged with possession of drugs (marijuana, cannabis, cocaine, heroin, ecstasy), or charged with possession of a weapon, please contact The Law Office of Purav Bhatt at 773-791-9682 to discuss your matter.
Purav Bhatt is a criminal defense attorney practicing in Cook, Lake, DuPage and Will counties.
June 29, 2011
 chicago retail theft lawyer If you’ve been arrested for retail theft or shoplifting, not only will you have to deal with the criminal side of your case but the store which arrested you will also demand a civil or monetary settlement from you. Below is a breakdown of what the retail theft or shoplifting civil judgment is and what you should expect.
In Illinois, retailers who have suffered a retail theft can sue the person arrested and demand monetary compensation. Under the Illinois law, retailers can seek damages in the form of payment for 1) actual damages equal to the full retail value of the item(s) taken, 2) a penalty not less than $100 and not more than $1000 and 3) attorney’s fees and court costs.
Large retailers oftentimes work with debt collecting attorneys or law firms to issue demand letters to those arrested for retail theft or shoplifting. These civil demand letters are issued regardless of whether the stolen item was recovered, regardless of whether an arrest occurred or conviction was entered and prosecution can be conditioned on payment of the civil demand letter.
If you’ve received a civil demand letter, you have a few options.
First, you can pay the entire amount asked for. In my experience with my clients, civil demands usually range from $150-$300. In the grand scheme of things, this is a small amount to pay to avoid damage to your credit or a potential lawsuit against you.
Second, if the amount if too high for you to pay you can negotiate with the sender of the letter to be placed on a payment plan to resolve the amount.
Third, you can ignore the demand letter. If the store did not initially call the police when they detained you for retail theft or shoplifting, it is likely that they will not pursue you in the future. Furthermore, none of my past clients have ever been sued in civil court for collection of the civil demand. The reason being, is that it would cost the retailer and the law firm far more to get you into court than it is worth, especially for a misdemeanor retail theft.
If you or a loved on has been arrested for theft, retail theft, shoplifting, fraud or organized retail crime it is important to protect yourself and your future. Purav Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake and Will counties. His office is located in Lincolnwood near many Chicago, Skokie and Rolling Meadows courthouses.
Please contact Mr. Bhatt at 773-791-9682 if you would like to discuss your theft, retail theft, shoplifting, fraud or organized retail crime matter.
May 31, 2011
Florida Expungement: The “Who”
The main question I am most often asked is: do I have a Florida criminal record? And the answer is…if you have ever been arrested in Florida you have a Florida criminal record. Even if you were never prosecuted or the court dismissed the case against you, what matters in Florida is the actual arrest. And that arrest is public information, unless you elect to have it sealed or expunged.
Many people also want to know if there is a difference between sealing or expunging a felony charge versus a misdemeanor charge. The answer in Florida is a qualified “no.” The Florida statutes provide a list of eligibility requirements a person must meet in order to have a record expunged or sealed, but the statutes do not differentiate between felonies and misdemeanors. There are certain “prohibited offenses” that are not eligible for Florida expungement or record sealing, but if your charge is not on this list, then the same process applies to both misdemeanor and felony cases. The list, however, is comprised of mainly felonies.
Florida Expungement: The “What”
When a record is expunged in Florida, it means that the record is physically destroyed. However, one copy of every expunged record is kept with the Florida Department of Law Enforcement (FDLE). While the FDLE can reveal the existence of an expunged record under certain limited circumstances, it cannot reveal what is in that record.
Sealing a record means that the record is kept, but put under highly restricted access. Sealed records are generally not available to the public.
Florida Expungement: The “When”
In terms of Florida record expungement procedure, it doesn’t really matter when you decide to begin the record sealing or expungement process. In practical terms, however, sooner is better than later. Waiting potentially has serious consequences that could affect your job, education, housing, financial prospects and future.
Florida Expungement: The “Where”
Records must be sealed or expunged in the county of your arrest. Usually the entire process can be completed via email and mail, without the need for in-person office visits or court appearances. Some counties, however, still routinely hold final Florida expungement hearings, in which case you would have to appear in court or have a Florida expungement attorneyappear on your behalf.
Florida Expungement: The “Why”
There are many benefits to having a clear past. Once a record is sealed or expunged, you can lawfully deny its existence and answer truthfully on employment, housing, school, scholarship, and loan applications that you don’t have a criminal history or have never been arrested (under most circumstances). This can create a lot more opportunities for you in the future. Also, you will gain peace of mind from knowing that one past mistake won’t continue to haunt you indefinitely.
Florida Expungement: The “How”
The Florida expungement and record sealing process is governed by statute so you first must read the various statutes to determine if you meet the eligibility requirements, (and keep in mind you must meet different requirements in order to expunge a record versus seal a record), learn the correct procedures, and determine if you fall under any exceptions. Then you will have to apply for and obtain a Certificate of Eligibility from the FDLE. If denied, you may want to appeal, depending on your circumstances.
After you obtain the Certificate of Eligibility, you will have to petition the court to seal or expunge your record, as the case may be. If your petition is contested by the State of Florida, or you live in a county that routinely holds hearings, you will have to appear in court. Once the court approves your petition, you can obtain a copy of your seal or expunge order and ensure that the criminal justice agencies also receive a copy the order. If your petition is denied by the courts, you may want to file an appeal, depending on your particular circumstances. Don’t forget to follow-up approximately sixty days after your order is entered to make sure your record has been removed from the databases. A simple way to do this is by obtaining a background check online.
Click the link to find out, for free, if you are eligible for Florida expungement.
Karen Kilpatrick is licensed to practice law in Florida, California and North Carolina. She earned her undergraduate degree from Georgetown University’s School of Foreign Service and Juris Doctor from New York University School of Law, one of the top five law schools in the nation.
Purav Bhatt is a criminal defense attorney serving Cook, Lake, DuPage and Will Counties. Contact Mr. Bhatt at 773-791-9682 if you would like to discuss expungement and sealing options in Illinois.
May 18, 2011
 marijuana arrest “A man’s home is his castle” is how the saying goes. The law takes this saying seriously and when the police enter into someone’s home, the law requires the police have a warrant. However, the Supreme Court has recently ruled in a case that has relaxed the warrant requirement for the police to enter into someone’s home.
On Monday, the Supreme Court heard the case of a Hollis King, who was arrested after police entered into his home without a warrant. The police’s reason? They smelled marijuana coming from inside the apartment and entered the home believing the defendant was trying to destroy the evidence. In fact, the police were chasing after another individual who sold cocaine to an undercover officer and ran into an unknown apartment. Without knowing which apartment the drug dealer ran into, the police smelled burnt marijuana coming from the wrong apartment and entered that apartment looking for the drug dealer. Instead, Mr. King was arrested.
Only Justice Ginsberg dissented to the ruling leaving the case decided by an 8-1 vote. The Kentucky Supreme Court had ruled that the search of Mr. King’s home was illegal and therefore the evidence gathered was inadmissible.
The Court determined that there was no violation of the Fourth Amendment of the United States Constitution because the police acted reasonably considering the circumstances. The police knocked on Mr. King’s door and believed they heard noised consistent with destroying the evidence.
Justice Alito, writing for the majority stated, “Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame.” Normally, the police require a search warrant to enter into someone’s home. This decision allows officers to listen and determine whether what they hear amounts to the covering up of criminal activity and then break down the door, whether they were right or wrong.
If you’ve been arrested for drug charges (marijuana, cocaine or heroin), or any other criminal offenses, you should have the very best representation.
Criminal defense attorney, Purav Bhatt practices in Chicago, Skokie, Rolling Meadows, as well as, Lake, Cook, DuPage and Will counties. Please call 773-791-9682 or contact Mr. Bhatt to discuss your matter.
May 10, 2011
 marijuana lawyer “It was only a little pot!” is what I hear many of my clients tell me. But be careful, possession of cannabis is a serious offense that is prosecuted vigorously.
Cornell Hood was sentenced under Louisiana’s law that allows a drug offender to be sentenced to life in prison after being convicted 3 times for an offense that carries a 10 year prison sentence with it.
Jurors returned a guilty verdict of a reduced charge with usually carries a sentence of up to 15 years after a 1 day trial and deliberated under 2 hours. However, prosecutors asked for the life sentence based on Cornell Hood’s criminal background and the nature of the drug charges in his past.
Hood was arrested after his probation officer paid Hood a random visit and discovered close to 2 pounds of cannabis throughout the home. As a result, the probation officer notified police who later found scales, bags and cash
If you or a loved one has been charged with possession of cannabis or any other drug charge, having strong representation is crucial. Illinois carries severe penalties for possession of cannabis and other drugs such as cocaine and heroin.
Purav Bhatt is a former prosecutor and criminal defense attorney specializing in drug crimes throughout Cook, DuPage and Lake Counties, as well as in Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview and Markham. Please call 773-791-9682 or contact us to discuss your matter.
May 6, 2011
- criminal arrest
So you’ve been pulled over by the police and they are asking you questions. What should you do? What shouldn’t you do? Here are a few pieces of advice to keep in mind when you cross paths with the police. Whether you’ve been arrested for a misdemeanor or felony, for retail theft, drug charges, weapons violations, battery or assault, this information will help you.
- How Did the Fish get Caught? He Opened his Mouth.
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Don’t try to convince the police you are innocent. The police are trained professionals. They are trained to get you talking so that you provide them with information without them having to search for it. The police don’t decide if you are guilty or innocent, the police only decide whether to arrest you and what to charge you with. Even if you feel there has been a mistake, what you say can oftentimes open the door to harming your case or giving the officer more information to charge you with other crimes. The only thing you should tell the officer is that you have a lawyer and want to speak with him.
- Don’t Run from the Police
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You will not escape the police. They have radios, backup and know the neighborhoods better than you do. Additionally, by fleeing the scene, you are opening yourself up to being charged with felony offenses, potentially injuring yourself of others, having the police draw their firearms on you, and angering the police.
- You have the Right to Remain Silent – Exercise Your Right
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Getting arrested is a stressful experience and many people talk a lot when they get stressed. Asking the police questions about your case will only provide the police insight into what you know about the crime. Even if you are innocent, you may give the police conflicting information that makes you look like you’re making up a story. For example, clients tell the police, “I left dinner at 8:30” and then after they are arrested tell the police, “Dinner ended at 9”. Sounds innocent enough right? Wrong, to the police and later in court, you have given conflicting times that affect your credibility and memory of what happened.
- Do Not Allow or Give Permission to the Police to Search Anywhere
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The police are going to do whatever they want but the key to whether their searches are legal or not is whether you have given consent and permission or not. If they are asking you for permission to search you, your car or your home it is likely that the police know they do not have the legal ability to search. Tell the police in a loud and clear voice “You do not have my permission or consent to search”. If they continue to search, what they find can be excluded from the case against you and could get the charges thrown out. Do not respond to the police search or give them hints as to where to search and do not answer questions from the police like “Whose is this?” or “Does this belong to you?”
- Do Not Fight the Police or Resist Arrest
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In Illinois, even if the police have wrongly arrested you, you cannot resist the arrest. You can still be charged with resisting arrest even if the original reason for the arrest is dismissed. Do not put your hands on the police, stiffen your arms to avoid being handcuffed or swipe the officer’s hands away from you. If the officer is hurt, a minor offense could turn into a felony offense.
- Do Not Verbally Abuse the Police
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No matter how terribly the police are treating you, avoid the urge to yell at them. If, in the heat of the moment you threaten the officer, you can be charged with aggravated assault or a felony offense. Additionally, as a former prosecutor, I would ask the police how they were treated during the arrest. If the officer told me the defendant was abusive and was disrespectful, it would influence how I prosecuted the case.
- The Police Will Lie to You
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As I mentioned above, the police are trained professionals when it comes to getting people to give up information. This includes lying to suspects to get them to talk. For instance the police may say, “If you tell me the truth, you won’t go to jail” or “Your friend told me you were the one who committed the crime”. The police are under no legal obligation to tell you the truth.
- Do Not Invite the Police Into Your Home
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In most cases, the police need a search or arrest warrant to enter your home. So if you do not invite the police into your home they cannot enter. If the police come to your door and ask to come inside to talk, simply step outside of your home and close the door behind you. A common tactic the police use is asking you if you’d like to go inside to change your clothes or get a jacket. The police will not let you do this alone and will escort you into your home. At this point the police will be looking around your house and may find incriminating evidence against you.
April 14, 2011
 misdemeanor Having a misdemeanor conviction on your record can have lifelong consequences. If you’ve been arrested and charged with a misdemeanor crime you are already experiencing the criminal process. The better informed you are about the misdemeanor criminal process, the better prepared you will be to fight your case and get the best outcome for your case. Below is a breakdown of the misdemeanor criminal process so that you and your team are prepared for what’s to come.
Arrest & Bond
Once you are arrested and charged for a misdemeanor you will be taken to the police station of the city or town in which you were arrested. You can expect to be fingerprinted, photographed and provide general information about yourself such as home address, birth date, and occupation. You should be given a copy of your complaint which tells you what you are being charged with.
You will also have a bond set so that if you can afford to pay, you will be released. Bonds are set either by the police station in which you were booked or you may be taken before a judge for a bond hearing. This is the first point in the criminal process where it is important to have a criminal defense attorney present. A criminal defense attorney will have a better chance of securing a low dollar amount bond (this is called a D-bond) for you or possibly getting you released without posting any money and just your signature (this is called an I-bond). This bond ensures that you will return to court for your court date.
First Court Date
At your first court date, the judge will ask you whether you plan on hiring a criminal defense attorney or not. If you cannot afford an attorney you will be given the services of the Public Defender. In order to qualify for the Public Defender, you must provide a detailed affidavit or your assets and liabilities. While the Public Defender’s office has many capable attorneys, their caseload will not allow them to give you the time and attention you may need to resolve your case in the quickest and most advantageous way. If you decide you want to hire a criminal defense attorney, the judge will grant you a continuance to hire one.
Next Court Date
When you return to court with your criminal defense attorney, the Prosecutor is required to turn over to you and your attorney all evidence that has been collected against you. Most often, this is the point at which your lawyer will speak to the prosecutor to start negotiating a resolution to your case either through dismissal, deferred prosecution or an offer. Most often, your case will be continued so that you and your lawyer can review the evidence against you and determine what the best way to proceed is.
Motions
Sometimes, a case can be won by fighting to get evidence thrown out. If the police gathered evidence against you in an illegal way, all the evidence that is gathered after the illegal search or seizure is inadmissible. If this evidence is suppressed, oftentimes, the prosecutor will not be able to prove their case agaisnt you and will be forced to throw the case out.
Trial
If you, your lawyer and the prosecutor cannot come to an agreement about your case, your next option is to have a trial either by judge or jury. A trial consists of jury selection, opening statements, the examination of all witnesses against you, an opportunity for you to tell your side what happened, closing arguments and finally a finding or verdict decided by judge or jury.
Sentencing Hearing
If you are found guilty, a sentencing hearing will be conducted after the entry of a plea or verdict. The maximum penalty for a misdemeanor in Illinois state is 364 days in jail and a $2500.00 fine. This is the point where your lawyer will request that your sentence be as low as possible based on your criminal history, the nature of the case, your background, and other factors such as your family, employment and service to the community.
If you have been arrested and charged with a misdemeanor crime, your reputation and liberty are at stake. You should have the best representation possible to protect you. Purav Bhatt is a former Cook County State’s Attorney who practices criminal defense in Chicago, Cook, Lake and Dupage counties.
Please contact or call Mr. Bhatt at 773-791-9682 for a free consultation if you would like to discuss your criminal matter.
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.
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