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.

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.

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.

New Driver’s License Law Takes Effect July 1st, 2011 – Chicago Criminal Defense Lawyer

May 19, 2011
suspended license

revoked license

Currently, if you are arrested for DUI and there is personal injury or death involved in the accident, you must be convicted of the DUI before the Secretary of State has the authority to revoke your drivers license and take away your driving privileges.

Under the new law, which takes effect July 1, 2011, simply being arrested for DUI involving personal injury gives the Secretary of State the authority to revoke your drivers license. As a result, the accused must wait a full year before requesting relief from the revocation.

Even if you are found not guilty of the DUI, the arrest alone is enough under the new law to revoke one’s drivers license.

If you have been charged with DUI or have had your license suspended or revoked it is important to have representation to protect your interests. Purav Bhatt is a traffic attorney and former prosecutor serving Cook, DuPage, Lake and Will counties, as well as, Skokie, Lincolnwood, Rolling Meadows and Chicago.

 

What NOT to Do When Arrested – Chicago Criminal Lawyer

May 6, 2011
criminal arrest
criminal arrest

So you’ve been pulled over by the police and they are asking you questions. What should you do? What shouldn’t you do? Here are a few pieces of advice to keep in mind when you cross paths with the police. Whether you’ve been arrested for a misdemeanor or felony, for retail theft, drug charges, weapons violations, battery or assault, this information will help you.

  1. How Did the Fish get Caught? He Opened his Mouth.

    1. Don’t try to convince the police you are innocent. The police are trained professionals. They are trained to get you talking so that you provide them with information without them having to search for it. The police don’t decide if you are guilty or innocent, the police only decide whether to arrest you and what to charge you with. Even if you feel there has been a mistake, what you say can oftentimes open the door to harming your case or giving the officer more information to charge you with other crimes. The only thing you should tell the officer is that you have a lawyer and want to speak with him.

  2. Don’t Run from the Police

    1. You will not escape the police. They have radios, backup and know the neighborhoods better than you do. Additionally, by fleeing the scene, you are opening yourself up to being charged with felony offenses, potentially injuring yourself of others, having the police draw their firearms on you, and angering the police.

  3. You have the Right to Remain Silent – Exercise Your Right

    1. Getting arrested is a stressful experience and many people talk a lot when they get stressed. Asking the police questions about your case will only provide the police insight into what you know about the crime. Even if you are innocent, you may give the police conflicting information that makes you look like you’re making up a story. For example, clients tell the police, “I left dinner at 8:30” and then after they are arrested tell the police, “Dinner ended at 9”. Sounds innocent enough right? Wrong, to the police and later in court, you have given conflicting times that affect your credibility and memory of what happened.

  4. Do Not Allow or Give Permission to the Police to Search Anywhere

    1. The police are going to do whatever they want but the key to whether their searches are legal or not is whether you have given consent and permission or not. If they are asking you for permission to search you, your car or your home it is likely that the police know they do not have the legal ability to search. Tell the police in a loud and clear voice “You do not have my permission or consent to search”. If they continue to search, what they find can be excluded from the case against you and could get the charges thrown out. Do not respond to the police search or give them hints as to where to search and do not answer questions from the police like “Whose is this?” or “Does this belong to you?”

  5. Do Not Fight the Police or Resist Arrest

    1. In Illinois, even if the police have wrongly arrested you, you cannot resist the arrest. You can still be charged with resisting arrest even if the original reason for the arrest is dismissed. Do not put your hands on the police, stiffen your arms to avoid being handcuffed or swipe the officer’s hands away from you. If the officer is hurt, a minor offense could turn into a felony offense.

  6. Do Not Verbally Abuse the Police

    1. No matter how terribly the police are treating you, avoid the urge to yell at them. If, in the heat of the moment you threaten the officer, you can be charged with aggravated assault or a felony offense. Additionally, as a former prosecutor, I would ask the police how they were treated during the arrest. If the officer told me the defendant was abusive and was disrespectful, it would influence how I prosecuted the case.

  7. The Police Will Lie to You

    1. As I mentioned above, the police are trained professionals when it comes to getting people to give up information. This includes lying to suspects to get them to talk. For instance the police may say, “If you tell me the truth, you won’t go to jail” or “Your friend told me you were the one who committed the crime”. The police are under no legal obligation to tell you the truth.

  8. Do Not Invite the Police Into Your Home

    1. In most cases, the police need a search or arrest warrant to enter your home. So if you do not invite the police into your home they cannot enter. If the police come to your door and ask to come inside to talk, simply step outside of your home and close the door behind you. A common tactic the police use is asking you if you’d like to go inside to change your clothes or get a jacket. The police will not let you do this alone and will escort you into your home. At this point the police will be looking around your house and may find incriminating evidence against you.