I’ve been charged with a crime. What is my statute citation number? Chicago Criminal Defense Attorney

August 1, 2011
arrest

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.

New Federal Law Attempts to Make Penalties for Crack and Cocaine More Consistent – Chicago Drug Lawyer

July 11, 2011

crack possession

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.

Pleading Guilty can lead to You Giving Up Your Rights – Chicago Criminal Lawyer

May 27, 2011
drug arrest

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.

Supreme Court Rules Man’s Marijuana arrest valid after Police Enter His Home While Chasing Another Man – Chicago Criminal Defense Attorney

May 18, 2011
marijuana arrest

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.

Defendant Receives Life In Prison for Fourth Marijuana Conviction – Chicago Criminal Defense Attorney

May 10, 2011
marijuana lawyer

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.