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In our April 20, 2021 post, we discussed People v. Pearson in which the court held that police could not search a defendant’s hospital room without a warrant because the defendant had a reasonable expectation of privacy in his hospital room.  (Can Police Search My Hospital Room Without a Warrant?)

But a later Illinois Appellate case shows how specific facts viewed by a particular judge can reach a different outcome.  This is why it is important to hire an experienced attorney who is familiar with your courthouse and can present your facts in their best possible light to your specific judge.

In  People v. Turner, after discussing the Pearson case, the court concluded that defendant Turner did not have a reasonable expectation of privacy in his hospital trauma room. Thus, police could seize any evidence in plain view without a warrant.

The Turner court looked at many of the same factors set out in our April 20 post. But in this case, the court decided that while defendant was legitimately present in the trauma room to seek medical treatment, none of the other factors weighed in his favor.  The defendant did not own or have a possessory interest in or have prior use of the trauma room.  The hospital, rather than the defendant, had control over the room and the ability to exclude others from it.  Defendant was in the trauma room for two hours to be medically assessed. All told, this did not establish a legitimate expectation of privacy.

A slight change in the facts or a different judge hearing the same facts might have come to a different conclusion.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

There are a host of offenses that can be either a Class A Misdemeanor or a Class 4 felony if you knowingly possess or display a fictitious or unlawfully altered driver’s license or permit.  (See 625 ILCS 5/6-301.1).  Simply possessing such a license is a Class A Misdemeanor on a first offense and a Class 4 felony on a later offense.

It is also a Class 4 felony if you possess or display that altered license under any of the following circumstances:

• You wanted to obtain an account, credit, credit or debit card from a bank, financial institution or retail store
• You committed any other crime which can be sentenced to more than one year in prison.
• You intended to commit a theft, deception, or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction;
• You did so while in possession without authority of any document, instrument, or device capable of defrauding another;
• You did so intending to acquire any other identification document;
• to knowingly issue or assist in the issuance of any fictitious driver’s license or permit;
• You knowingly alter or attempt to alter any driver’s license or permit;
• You knowingly manufacture, possess, transfer, or provide any identification document whether real or fictitious for the purpose of obtaining a fictitious driver’s license or permit;
• You purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier;
• You have a license that is suspended or revoked.

Later violations of the above are a Class 3 felony.

If you are charged with a fictitious driver’s ID or similar offense, contact an experienced criminal law attorney immediately.  An attorney can review your case for your best possible defense.  As with most crimes, the state must prove you guilty of all elements of the offense beyond a reasonable doubt.  Was the search that uncovered the ID legal?  Did you commit the offense knowingly?  Even if the search was legal and the evidence against you was overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

When you were very young, you got caught driving while intoxicated and pled guilty to DUI.  That was more than 20 years ago.  Now you have been arrested for a second DUI.

Does the first one still count?

The answer is yes.  The DUI law does not limit the amount of time the state can look back in order to enhance your punishment for a second-time DUI or upgrade you to an Aggravated DUI for a third or later offense.

Is there anything you can do?  First contact an experienced DUI attorney.  The attorney can review your case for your best possible defense.  While you can’t undo the earlier DUI, you may be able to fight the current one.  Did the police have probable cause to stop you?  Can the state prove you guilty of all the elements of the DUI beyond a reasonable doubt?  Can the state prove you were driving?  The state has to prove you were the driver as well as that you had control of the car.  How was your driving? Did you handle yourself well during the police stop? Did you perform well on any field sobriety tests?  If not, can your performance be explained by something besides alcohol or drugs? Is the breathalyzer, if any, below or not very much over the legal limit?  Even if the police followed procedures and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The answer is not necessarily.

If you were pulled over for DUI based on speeding, then the police likely have the probable cause they need to stop you, and you would not be able to fight the stop itself.  But the good news is that speeding doesn’t necessarily equal impaired driving.

To convict you of DUI, the state must prove that 1) you drove and 2) your driving was impaired by drugs or alcohol.   If you otherwise drove safely, performed well on field sobriety tests and spoke clearly and intelligently to police, you may be able to win a not guilty verdict on your DUI.

If you have been charged with DUI or a similar offense, contact an experienced attorney immediately.   The attorney can request copies of the state’s evidence including any body cam or squad car videos of your stop and testing.  An attorney can review the state’s evidence to see if you have a chance of winning at trial.  If the evidence is clear that you’ve had a few too many, an attorney who is respected in the courthouse may still be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Many years ago you were young and reckless.  You got arrested in Illinois.  You wanted to pretend your case didn’t exist, so you skipped out on your court date and eventually moved out of state.  Older and wiser, you worry that a routine traffic stop will send you back to Illinois in handcuffs.

Now, you are ready to deal with your past, clear the warrant and deal with the underlying case.  Can you put it behind you?

The answer is very likely yes.  An attorney can bring your open warrant before your original court to ask a judge to vacate or set it aside.  You would likely have to appear in person for a hearing on this procedure, but you may even be able to make later court appearances on zoom.

Once the warrant is set aside, you now have to settle the underlying offense,.   An attorney can help negotiate a plea agreement or take your case to trial.  If you have been gone a long time, the evidence against you may have grown cold.  Therefore, it may be more difficult for the state to try your case. In rare cases, if the offense is very old and relatively minor, the judge might even be willing to dismiss it.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)