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.

Retail Theft – I’ve received a Civil Judgment – Retail Theft Lawyer Chicago

June 29, 2011
chicago retail theft lawyer

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.

Shoplifting/Retail Theft – First Time Offender’s Guide – Criminal Defense Attorney Skokie

April 28, 2011
shoplifting

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.

Criminal Defense Attorney – What is a misdemeanor?

March 25, 2011
misdemeanor

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.

Retail Theft and shoplifting laws changes for 2011 – Chicago criminal attorney

March 19, 2011

retail theft

 

 

 

 

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.