Felony Eavesdropping Charges Dropped Against Defendant – Chicago Criminal Defense Attorney

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.

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.

Florida Expungement – The Who, What, When, Where, Why & How – Guest Blog Post

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.

I’ve been arrested. What should I do? – Chicago Criminal Lawyer

March 31, 2011

arrest

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.