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May 27, 2011
 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.
May 19, 2011
 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.
May 18, 2011
 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.
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.
May 6, 2011
- 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.
- How Did the Fish get Caught? He Opened his Mouth.
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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.
- Don’t Run from the Police
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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.
- You have the Right to Remain Silent – Exercise Your Right
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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.
- Do Not Allow or Give Permission to the Police to Search Anywhere
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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?”
- Do Not Fight the Police or Resist Arrest
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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.
- Do Not Verbally Abuse the Police
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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.
- The Police Will Lie to You
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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.
- Do Not Invite the Police Into Your Home
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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.
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.
April 10, 2011
 UUW and FOID Recently, the Illinois Supreme Court has come down with a decision allowing people who are non-residents of Illinois to transport guns in Illinois without a valid Illinois Firearm Owners Identification Card (FOID). As long as the non-resident is legally allowed to carry his weapon in his home state and has valid registration showing that, the new Illinois law states that the non-resident may transport that gun in Illinois.
In a unanimous decision last week, the court heard the case of Leonard Holmes, an Indiana resident who was charged with felony aggravated unlawful use of a weapon here in Illinois because he didn’t have a Firearm Owners Identification card (FOID) and was not carrying the gun in a case per Illinois law for transporting a firearm.
Holmes had a permit to carry a concealed firearm in Indiana, and the court held that Illinois law does not require a FOID card too. It also ruled the armrest served as a case.
This case can be found at People v. Holmes.
If you or your loved one has been charged with unlawful use of a weapon *(UUW), not having a firearm owners identification card or any other weapons charge, call or contact Purav Bhatt. Mr. Bhatt is a criminal defense attorney practicing in Cook, DuPage, Lake counties and throughout Chicago.
March 31, 2011
- 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.
March 30, 2011
 felony charges Many of my clients do not know what the difference is between felony and misdemeanor cases. Having an understanding of the difference between the two categories of criminal charges allows my clients to understand what the consequences of their legal situation and how to approach, prepare and beat their criminal charges. Below is a discussion of the different categories of felonies and the consequences of each. In Illinois, misdemeanor cases are considered less serious than felony cases.
The five classes of felony charges in Illinois are as follows:
Class 1 Felony
A Class 1 Felony is punishable by between 4 and 15 years in the Illinois Department of Corrections. Additionally, a class 1 felony carries a fine of up to $25,000. Examples of class 1 felonies include: drug possession (cocaine, heroin, methamphetamine), drug delivery, drug manufacturing, kidnapping and criminal sexual assault.
Class 2 Felony
A Class 2 Felony is punishable by bewteen 3 and 7 years in the Illinois Department of Corrections. Just like a class 1 felony, a class 2 felony also carries a fine of up to $25,000. Examples of class 2 felonies include: theft, white collar crimes, arson, drug manufacturing, drug delivery and drug possession.
Class 3 Felony
A Class 3 Felony is punishable by between 2 to 5 years in the Illinois Department of Corrections with fines of up to $25,000. Some criminal charges that are classified as class 3 felonies include: drug possession, drug delivery, drug manufacturing, aggravated battery, theft, white collar crimes and aggravated DUI (driving under the influence).
Class 4 Felony
A Class 4 Felony is punishable by between 1 to 3 years in the Illinois Department of Corrections with fines of up to $25,000. Some criminal charges that are classified as class 4 felonies include: drug possession, drug delivery, drug manufacturing, theft, white collar crimes and DUI (driving under the influence).
If you have been charged with a felony your liberty is at stake. Having aggressive, well prepared legal representation could be the difference between having a felony conviction and possibly serving prison time and beating your case. Purav Bhatt is a former Cook County prosecutor experienced in fighting felony criminal charges.
Contact Mr. Bhatt to discuss your criminal case at 773-791-9682 or visit www.bhattlaw.com.
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