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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.
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 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 27, 2011
 drug arrest Clients often think that the plea of guilty is the end of their criminal matter. Little do people know, is that by entering into a plea of guilty for supervision, conditional discharge or probation, you are agreeing to many conditions, some of which can waive your constitutitonal rights. In an opinion that was handed down on May 19th, 2011, the Supreme Court of Illinois upheld the forced entry into Samuel Absher’s home.
Mr. Absher had pled guilty to a charge of Retail Theft and, through a negotiated plea deal with prosecutors, was sentenced to a period of two years probation. As is customary for defendants on probation, Mr. Absher was assigned a probation officer who suspected Mr. Absher was in possession of and using illegal drugs. As a result, the probation officer and a police officer forcibly entered Mr. Absher’s home and did in fact find drugs.
Mr. Absher fought the drug case and violation of his probation on the basis that the forcible entry into his home was a violation of his Fourth Amendment Rights against illegal searches and seizures. The Illinois Supreme Court held that the probation agreement that Mr. Absher entered into with the prosecution was a contract and as a contract, Mr. Absher waived his right to his Fourth Amendment protections by freely agreeing to searches of himself and his property, at the request of the probation officer.
Defendant had entered fully negotiated plea to retail theft, and was sentenced to two years of probation. Probation officer, suspicious that Defendant was using and possessing drugs, forcibly entered Defendant’s home with a police officer, and found drugs. Plea agreement is governed by principles of contract law. Defendant had waived his Fourth Amendment rights by freely agreeing to suspicionless searches, at request of probation officer, as a condition of his probation, thereby giving prospective consent.
If you’ve been arrested for retail theft, 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 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.
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