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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.
July 11, 2011
 cocaine possession Soon, nearly 12,000 inmates in federal prisons across the country will be eligible to have their sentences reduced because of a new law attempting to make penalties for crack possession more consistent with penalties for possession of cocaine.
In the federal prison system, nearly 1 in 17 inmates is in custody as a result of a conviction for crack cocaine. Federal laws have been criticized since the 1980s for being racially discriminatory because of the unequal sentences imposed on those convicted of crack possession or trafficking compared with the sentences imposed on those convicted of cocaine-related offenses. The sentencing guidelines were criticized for being unequally hard on poor and black communities.
Shockingly, statistics show that 85 percent of the inmates expected to benefit from this decision are black. Statistics also show that the average reduction in federal sentences is expected to be approximately 3 years.
The original law was created in 1986 when crack cocaine was first introduced into the inner-city bringing with it a new wave of crime and violence. As a result, lawmakers came down hard on crack-related offenders. Under that 1986 law, a person receiving a conviction for crack possession received a mandatory prison term equal to someone with 100 times the powdered cocaine amount. Essentially, 5 grams of crack cocaine got the same period of incarceration as 500 grams of powder cocaine.
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 crack, cocaine or any other drug possession please contact Mr. Bhatt at 773-791-9682 to discuss your matter.
July 8, 2011
Illinois is now one of a few states that still bans individuals from carry concealed weapons. Currently, Wisconsin and Illinois are the last 2 states with a total ban on carrying concealed weapons but Wisconsin is on the verge of allowing its citizens to carry concealed weapons leaving Illinois as the last state with such strict conceal and carry laws.
 gun possession The key to Illinois is its largest city, Chicago. In the rest of Illinois, guns are commonplace. Outside of Chicago, guns are used for hunting and target shooting but in the city itself, guns go hand and hand with violence associated with gangs, robberies, murder and crime. With such a large population in such closed quarters, those trying to fight the conceal and carry laws warn of violence on public transportation, at local festivals, other city activities and during the city’s busy nightlife.
With most of Illinois’ most powerful politicians being Chicago democrats, gun rights activists have their work cut out for them here in Illinois.
Purav Bhatt is a criminal defense attorney serving Cook, Lake, DuPage and Will counties. If you’ve been arrested for a weapons charge, please contact Mr. Bhatt at 773-791-9682 to discuss your matter.
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 19, 2011
 revoked license Currently, if you are arrested for DUI and there is personal injury or death involved in the accident, you must be convicted of the DUI before the Secretary of State has the authority to revoke your drivers license and take away your driving privileges.
Under the new law, which takes effect July 1, 2011, simply being arrested for DUI involving personal injury gives the Secretary of State the authority to revoke your drivers license. As a result, the accused must wait a full year before requesting relief from the revocation.
Even if you are found not guilty of the DUI, the arrest alone is enough under the new law to revoke one’s drivers license.
If you have been charged with DUI or have had your license suspended or revoked it is important to have representation to protect your interests. Purav Bhatt is a traffic attorney and former prosecutor serving Cook, DuPage, Lake and Will counties, as well as, Skokie, Lincolnwood, Rolling Meadows and Chicago.
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.
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.
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.
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