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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.
June 29, 2011
 chicago retail theft lawyer If you’ve been arrested for retail theft or shoplifting, not only will you have to deal with the criminal side of your case but the store which arrested you will also demand a civil or monetary settlement from you. Below is a breakdown of what the retail theft or shoplifting civil judgment is and what you should expect.
In Illinois, retailers who have suffered a retail theft can sue the person arrested and demand monetary compensation. Under the Illinois law, retailers can seek damages in the form of payment for 1) actual damages equal to the full retail value of the item(s) taken, 2) a penalty not less than $100 and not more than $1000 and 3) attorney’s fees and court costs.
Large retailers oftentimes work with debt collecting attorneys or law firms to issue demand letters to those arrested for retail theft or shoplifting. These civil demand letters are issued regardless of whether the stolen item was recovered, regardless of whether an arrest occurred or conviction was entered and prosecution can be conditioned on payment of the civil demand letter.
If you’ve received a civil demand letter, you have a few options.
First, you can pay the entire amount asked for. In my experience with my clients, civil demands usually range from $150-$300. In the grand scheme of things, this is a small amount to pay to avoid damage to your credit or a potential lawsuit against you.
Second, if the amount if too high for you to pay you can negotiate with the sender of the letter to be placed on a payment plan to resolve the amount.
Third, you can ignore the demand letter. If the store did not initially call the police when they detained you for retail theft or shoplifting, it is likely that they will not pursue you in the future. Furthermore, none of my past clients have ever been sued in civil court for collection of the civil demand. The reason being, is that it would cost the retailer and the law firm far more to get you into court than it is worth, especially for a misdemeanor retail theft.
If you or a loved on has been arrested for theft, retail theft, shoplifting, fraud or organized retail crime it is important to protect yourself and your future. Purav Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake and Will counties. His office is located in Lincolnwood near many Chicago, Skokie and Rolling Meadows courthouses.
Please contact Mr. Bhatt at 773-791-9682 if you would like to discuss your theft, retail theft, shoplifting, fraud or organized retail crime 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 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 14, 2011
 misdemeanor Having a misdemeanor conviction on your record can have lifelong consequences. If you’ve been arrested and charged with a misdemeanor crime you are already experiencing the criminal process. The better informed you are about the misdemeanor criminal process, the better prepared you will be to fight your case and get the best outcome for your case. Below is a breakdown of the misdemeanor criminal process so that you and your team are prepared for what’s to come.
Arrest & Bond
Once you are arrested and charged for a misdemeanor you will be taken to the police station of the city or town in which you were arrested. You can expect to be fingerprinted, photographed and provide general information about yourself such as home address, birth date, and occupation. You should be given a copy of your complaint which tells you what you are being charged with.
You will also have a bond set so that if you can afford to pay, you will be released. Bonds are set either by the police station in which you were booked or you may be taken before a judge for a bond hearing. This is the first point in the criminal process where it is important to have a criminal defense attorney present. A criminal defense attorney will have a better chance of securing a low dollar amount bond (this is called a D-bond) for you or possibly getting you released without posting any money and just your signature (this is called an I-bond). This bond ensures that you will return to court for your court date.
First Court Date
At your first court date, the judge will ask you whether you plan on hiring a criminal defense attorney or not. If you cannot afford an attorney you will be given the services of the Public Defender. In order to qualify for the Public Defender, you must provide a detailed affidavit or your assets and liabilities. While the Public Defender’s office has many capable attorneys, their caseload will not allow them to give you the time and attention you may need to resolve your case in the quickest and most advantageous way. If you decide you want to hire a criminal defense attorney, the judge will grant you a continuance to hire one.
Next Court Date
When you return to court with your criminal defense attorney, the Prosecutor is required to turn over to you and your attorney all evidence that has been collected against you. Most often, this is the point at which your lawyer will speak to the prosecutor to start negotiating a resolution to your case either through dismissal, deferred prosecution or an offer. Most often, your case will be continued so that you and your lawyer can review the evidence against you and determine what the best way to proceed is.
Motions
Sometimes, a case can be won by fighting to get evidence thrown out. If the police gathered evidence against you in an illegal way, all the evidence that is gathered after the illegal search or seizure is inadmissible. If this evidence is suppressed, oftentimes, the prosecutor will not be able to prove their case agaisnt you and will be forced to throw the case out.
Trial
If you, your lawyer and the prosecutor cannot come to an agreement about your case, your next option is to have a trial either by judge or jury. A trial consists of jury selection, opening statements, the examination of all witnesses against you, an opportunity for you to tell your side what happened, closing arguments and finally a finding or verdict decided by judge or jury.
Sentencing Hearing
If you are found guilty, a sentencing hearing will be conducted after the entry of a plea or verdict. The maximum penalty for a misdemeanor in Illinois state is 364 days in jail and a $2500.00 fine. This is the point where your lawyer will request that your sentence be as low as possible based on your criminal history, the nature of the case, your background, and other factors such as your family, employment and service to the community.
If you have been arrested and charged with a misdemeanor crime, your reputation and liberty are at stake. You should have the best representation possible to protect you. Purav Bhatt is a former Cook County State’s Attorney who practices criminal defense in Chicago, Cook, Lake and Dupage counties.
Please contact or call Mr. Bhatt at 773-791-9682 for a free consultation if you would like to discuss your criminal matter.
March 25, 2011
 misdemeanor Misdemeanor charges in Illinois are categorized into 3 different classes: Class A, Class B and Class C.
Class A misdemeanors carry with them a possible sentence of up to 364 days in the county jail and a possible fine of up to $2500. Some class A misdemeanor charges include: battery 720 ILCS 5/12-3, marijuana possession between 10-30 grams 720 ILCS 550/4(c), driving under the influence (DUI) 625 ILCS 5/11-501, domestic battery 720 ILCS 5/12-3.2 and retail theft/shoplifting 720 ILCS 5/16-A(3) to name a few.
Class B misdemeanors carry with them a possible sentence of up to 180 days in the county jail and a possible fine of up to $1500. Some class B misdemeanor charges include: Criminal Trespass to Land 720 ILCS 5/21-3, Possession of Marijuana between 2.5-10 grams 720 ILCS 550/4(b) and Telephone Harassment 720 ILCS 135/1-1 to name a few. Class B misdemeanors are not often charged. Most misdemeanor charges are usually Class A or Class C charges.
Class C misdemeanors carry with them a possible sentence of up to 30 days in the county jail and a possible fine of up to $1500. Some class C misdemeanors include: assault and possession of marijuana under 2.5 grams.
If you have been charged with a class A, class B, class C misdemeanor, having strong legal representation is important. Purav Bhatt is a criminal defense attorney serving Cook, Dupage and Lake counties. I represent individuals from Chicago, Skokie, Niles, Evanston, Lincolnwood, Naperville and other suburbs. Visit him at www.bhattlaw.com.
March 19, 2011
Retail theft or shoplifting is an offense that crosses age groups, socio-economic status and races. Recently, changes have been made to the theft laws here in Illinois. These changes favor defendants so it is vital a person knows what these changes are so that he/she can put forth the best defense against theft charges.
The most important change is in the Theft and Retail Theft statutes found in 720 ILCS 5/16-1 and 720 ILCS 5/16-3. Previously, if you were charged with theft or retail theft, and the value of the item or items taken was over $300 you could be charged with a class 4 felony. A class 4 felony carries with it a penalty of between 1-3 years in prison. The new statute has raised the value of the item to $500. What this means for those charged with theft, shoplifting or retail theft is that if the value of the item taken was $499.99 or below, you will be charged with a class A misdemeanor which is punishable by up to 364 days in the county jail, does not involve prison time and avoids a felony conviction on your record. Additionally, misdemeanor convictions are more often allowed to be cleared off your record through expungement or sealing while a felony conviction will require clemency through the governors office (a much more time consuming process).
As of January 1, 2011, the theft and retail theft laws in Illinois have changed so that it is a misdemeanor if the value is $300 or less. For those charged with these offenses, this is a major improvement in the law, because, as we all can see, prices for all items are increasing. As a result of the new law, many first time offenders who would have been charged as felonies are now eligible to be charged as misdemeanors.
If you or a loved one has been charged with theft, retail theft, shoplifting or any other criminal matter, please call or contact Purav Bhatt at 773-791-9682.
March 18, 2011
Many criminal defendants do not know the difference between being charged with assault and battery. While there are similarities between assault and battery, there are significant differences in the consequences of the two. Assault is considered a class C misdemeanor and carries with it a possible jail sentence of up to 30 days in the county jail. Battery is a class A misdemeanor and carries with it a possible penalty of up to 364 days in the county jail. Both assault and battery are considered violent crimes, but when prosecutors and judges review an individual’s criminal background for the purpose of determining a sentence or for the purpose of expungement, an assault is viewed with much less severity than a battery charge.
So what’s the difference?
Assault is threatening bodily harm that reasonably causes fear of harm to the victim. The law is laid out in Illinois Criminal Statute 720 ILCS 5/12-1. Battery is the actual physical contact with another person and is laid out in Illinois Criminal Statute 720 ILCS 5/12-3. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this is considered a battery. If the victim has not actually been touched, but only threatened or attempted, then that is considered an assault. Consider the act of spitting in someone’s face. This is not painful, violent,or harmful, but it is certainly offensive and there is an impact, a touching, so this would be a battery.
If you have been charged with assault or battery you and your family deserve the best representation. Criminal defense attorney Purav Bhatt handles assault and battery cases throughout Cook, Dupage and Lake counties.
Contact us if you would like to discuss your matter.
March 16, 2011
 DUI stands for driving under the influence. Illinois, like many other states, has tailored its DUI laws to cover situations where the person was not actually driving. Instead, to be charged with a DUI, you simply need to be in “control” of the vehicle. According to Illinois law, this is considered controlling a car without driving.
However, there are some circumstances where it is not so clear that a person is “actually controlling” a car. There has been a growing question about what it means to be “controlling” a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol. Someone who sleeps in their properly parked car after getting drunk is not “controlling” their car for purposes of Illinois DUI law. Occasionally, there are situations that are legally unclear such as when the key is in the ignition to turn on the air condition. Does that action create a DUI?
People may have no intention to drive, but only to sleep in their car. Maybe the keys were in the ignition to roll down the window, turn on the air conditioning or turn on the radio?
The Illinois DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts.
If you’ve been charged with a DUI, you may have more defenses than you think are available to you. I am a criminal defense attorney specializing in DUI cases in Chicago, Lincolnwood, Skokie and Evanston. Please contact Purav Bhatt if you’d like to discuss your options.
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