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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 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.
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 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 28, 2011
 shoplifting Being arrested or cited for retail theft/shoplifting under Illinois Criminal Statute 720 ILCS 5/16A-3 can lead to serious criminal, civil and economic consequences. A person arrested for the first time has the opportunity to protect themselves during their criminal case, as well as, in their future if they know how to approach their case.
By law, a first time retail theft arrest with a value under $300 is classified as a Class A misdemeanor and carries a punishment of up to a year in jail and a $2500 fine. If the value of the items taken is above $300, Illinois classifies the retail theft as a Class 4 felony punishable by 1-3 years in prison along with a fine of up to $25,000. Being prepared and having strong and informed representation can protect you from serious legal consequences.
While each case is determined individually based on the facts and nature of the events, certain options are available to those arrested and charged with retail theft/shoplifting.
1. Supervision
Supervision is a sentence of “good behavior” in which, if the defendant does not pick up new arrests or violate any other terms of the supervision, will result in a non-conviction on the defendant’s record. While receiving a sentence of supervision does avoid imprisonment and a conviction, the consequences of a sentence of supervision last far longer than the supervision itself. An individual who receives supervision must wait 5 years after the termination of the supervision to petition the court for an expungement or sealing of their record. Employers routinely perform background checks and an arrest of retail theft/shoplifting oftentimes eliminates applicants from employment. This can be avoided.
2. Deferred Prosecution
Deferred prosecution is an opportunity for first time offenders to avoid a conviction, jail time or supervision. With proper negotiations and preparation by the defense, defendants can receive a deferred prosecution and be required to complete a theft-deterrent program. This is a class that is completed by the defendant, and upon proof of completion, will result in the prosecution dismissing the retail theft/shoplifting charges against the defendant. If the case is dismissed, the record of arrest and court proceedings can be expunged immediately as opposed to requiring the 5 year waiting period under a sentence of supervision.
3. Community Service
An additional option for defendants is community service. If the theft-deterrent program is not applicable or not available, community service is an alternative option. Similar to the theft-deterrent program, when the community service is completed, it will result in the prosecution dismissing the retail theft/shoplifting charges against the defendant. Again, if the case is dismissed, the record of arrest and court proceedings can be expunged immediately as opposed to requiring the 5 year waiting period under a sentence of supervision.
Even if you are arrested for retail theft/shoplifting, you can protect yourself in many ways with the proper information and you do not have to suffer the consequences of a retail theft/shoplifting arrest on your record for years afterwards.
Purav Bhatt is a criminal defense attorney practicing in Skokie, Rolling Meadows, Chicago, Cook, DuPage and Lake counties. Please contact Mr. Bhatt if you have been arrested for retail theft/shoplifting and would like to discuss your options at 773-791-9682.
April 10, 2011
 UUW and FOID Recently, the Illinois Supreme Court has come down with a decision allowing people who are non-residents of Illinois to transport guns in Illinois without a valid Illinois Firearm Owners Identification Card (FOID). As long as the non-resident is legally allowed to carry his weapon in his home state and has valid registration showing that, the new Illinois law states that the non-resident may transport that gun in Illinois.
In a unanimous decision last week, the court heard the case of Leonard Holmes, an Indiana resident who was charged with felony aggravated unlawful use of a weapon here in Illinois because he didn’t have a Firearm Owners Identification card (FOID) and was not carrying the gun in a case per Illinois law for transporting a firearm.
Holmes had a permit to carry a concealed firearm in Indiana, and the court held that Illinois law does not require a FOID card too. It also ruled the armrest served as a case.
This case can be found at People v. Holmes.
If you or your loved one has been charged with unlawful use of a weapon *(UUW), not having a firearm owners identification card or any other weapons charge, call or contact Purav Bhatt. Mr. Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake counties and throughout Chicago.
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.
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