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.