W. Scott Hanken, Attorney at LawW. Scott Hanken, Attorney at Law2024-03-14T15:42:45Zhttps://www.hankenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101364/2021/04/cropped-ID-image-1-32x32.jpgOn Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=490302024-03-14T15:42:45Z2024-03-12T15:41:35Zgun crime could impact the accused significantly.
It can be an overwhelming experience, as gun charges carry with them significant penalties. Fortunately, there are several defense options available to those facing this or other weapons charges.
Gun crimes
At W. Scott Hanken, Attorney at Law, our firm is familiar with both sides of the criminal process. With prior experience as a prosecutor, our legal team brings over 30 years of experience when looking at your criminal case. Our focus is to deliver the best defense for our clients, and this starts with an in-depth look at the matter and the evidence involved.
A gun related offense could include a vast array of matters. This could include discharging a firearm during the commission of an aggravated battery, posing a firearm during the commission of an aggravated battery, using a weapon in an unlawful manner, armed robbery, possessing a gun as a convicted felon or possessing a stolen weapon.
Asserting a defense
No matter the gun crime you are charged with, you have defense options. In order for a conviction to occur, the elements of the crime need to be proven. Thus, it is important to focus on the lack of evidence as well as ways to attack the evidence collected against you. A legal professional can help you gain a better understanding of your situation and the defense options available to you.
A lot is at stake when facing a gun or weapon charge. A lengthy prison sentence, hefty fines and very restrictive probation terms could result. Therefore, it is important that you inform yourself of defense options that could aid in reducing or dismissing some or all the charges against you.
]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=490282024-03-05T19:11:19Z2024-03-05T19:11:19Zallegations of violent crime? One of the strongest defense strategies that you might be able to utilize is self-defense. In this post, we want to look at Illinois’ self-defense law and how you might be able to use it to your advantage in your case.
The castle doctrine in Illinois
Our state’s so-called Castle Doctrine specifies your ability to defend yourself when you’re within your home. Under this law, you can stand your ground and don’t have a duty to retreat when you’re under threat of harm within your home. This means that if someone breaks into your home, then you can use reasonable force to protect yourself.
The castle doctrine is a limited form of self-defense when compared to often talked about stand your ground laws. Stand your ground laws allow you to exert force to defend yourself in any circumstances without a duty to retreat, whereas the castle doctrine is only applicable to threats within your home.
However, to properly invoke the castle doctrine, you have to prove a few elements. To start, you must demonstrate that you were under threat of imminent harm. This means you weren’t just threatened but were likely to be immediately hurt if you didn’t take action. Of course, in the heat of the moment it can be hard to accurately gauge whether you’re under threat of imminent harm, which is why the law applies a reasonableness standard. So long as you reasonably believe that use of force is necessary to protect yourself or another from imminent harm, then you should be within your self-defense rights pursuant to the castle doctrine.
Can deadly force be used?
Yes, under certain circumstances. For deadly force to be justified, you have to show that you reasonably believed that the deadly force was necessary to protect yourself or someone else from death or great bodily harm. You can also use deadly force within your home if doing so is necessary to prevent a felony from occurring.
However, deadly force in protection of your home and property is limited. Here, deadly force is warranted only if the entry into your home is violent and if you reasonably believe that your use of force is necessary to protect yourself or someone else against assault or some other form of violence. Again, you can also use deadly force if you reasonably believe that doing so is necessary to stop the commission of a felony.
Do you need help building your self-defense case?
Your life is on the line when you’re charged with a violent criminal offense. Although raising self-defense arguments might seem like a straightforward way to protect yourself, the language in the statute gives a lot of room for argument for both you and prosecutors.
Therefore, as you prepare to build your criminal defense, take the time needed to analyze the facts of your case considering the castle doctrine and existing case law. By doing so, you might be able to find a path forward to reduced charges, lighter penalties, dropped charges, or acquittal.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=490262024-02-27T16:56:08Z2024-02-27T16:56:08Zways for an officer to search your vehicle without a warrant. Here are a few common exceptions to the warrant requirement.
Probable cause
If an Illinois officer has probable cause to search your vehicle, they may do so without a warrant. If an officer has a reasonable belief that a person was involved in a drug crime, and a reasonable belief that there is evidence of said crime in the vehicle to be searched, the officer may have the probable cause needed to search the vehicle without a warrant. Probable cause must be based on a totality of the circumstances (e.g., an odor of drugs coming from the vehicle), not just a feeling or a hunch.
Consent
If you consent to a search of your vehicle, an officer does not require a warrant to perform the search.
Plain view
If there are drugs on your seat, or otherwise, in plain view of the officer, the officer is allowed to seize that evidence and continue to search your vehicle. However, the officer may only search the areas that could possibly contain evidence of the crime.
If an officer searches your vehicle unlawfully, they have likely violated your Constitutional rights. Evidence of a drug crime that was obtained during an unlawful search and seizure of your vehicle will generally not be allowed into court.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=490222024-02-12T19:51:08Z2024-02-14T19:49:41Zbuilding a DUI defense? Fortunately, you might have several ways to attack the prosecution’s case. Let’s look at some of them here.
How to defend yourself against DUI charges
Depending on the facts of your case, some defense options may not be realistic. However, as you start to think about how to proceed with your criminal defense, you should consider these DUI defense options:
Arguing that the breath test was inaccurate: The police and prosecutors like to think that breath test results are the gold standard and are a clear indication of intoxication and guilt. Yet, these tests are prone to error, and for a variety of reasons. The testing machine used in your case may have been improperly stored, calibrated, or used. If law enforcement failed to abide by applicable practice standards, including failing to wait until you’re no longer burping, then the test’s results may be skewed. You need to gain access to storage and calibration records, and analyze how the machine was used in your case so that you can point out any errors that will support your defense.
Showing that the police conducted an illegal traffic stop: A lot of DUI arrests are conducted after a traffic stop. But if the traffic stop was illegally conducted because the police lacked reasonable suspicion that you’ve committed a crime, then any subsequently gathered evidence is considered fruit of the poisonous tree. In these instances, then, you can block otherwise incriminating evidence from being used against you.
Demonstrating filed sobriety test errors: Field sobriety tests are used to determine if you’re exhibiting signs of intoxication. The results of these tests are then used to justify a breath or blood test and an arrest. But all too often these tests are improperly carried out. The police office conducting them can give poor instructions, and your performance on the test may be misinterpreted in light of the condition of the ground or your medical condition. If you highlight these issues, then you might be able to minimize the impact of field sobriety test results in your case.
Pointing out chain of custody errors: When the police take blood from you for purposes of testing it for alcohol content, they have to ensure that the sample isn’t compromised from the time it’s collected until the time that it’s tested. If you can show that it was improperly stored or transported, then you might be able to raise concerns about the blood test result’s reliability.
Put forth the best criminal defense possible in your case
If you want to fight back against the prosecution, then you have to present an aggressive criminal defense. Failing to do so will leave you susceptible to conviction and the harsh penalties associated with it.
So, even if a plea deal looks likely in your case based on the evidence at hand, you shouldn’t accept anything until you’ve thoroughly vetted your defense options. After all, there might be one that allows you to escape conviction altogether.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=490182024-02-12T15:45:56Z2024-02-12T15:44:06ZMany people do not know their rights at DUI stops
You may assume that once you are pulled over you must do everything the officers say. You must show the officers your driver’s license and registration if they ask. The next question from officers at a DUI stop is likely going to be if you are willing to perform some field sobriety tests.
Unlike breath tests, where there are potential legal consequences for a refusal, you can refuse field sobriety tests with no legal repercussions.
There are various types of field sobriety tests. You may be asked to walk a straight line, recite the alphabet backwards or follow a light with your eyes.
Field sobriety tests are supposed to provide officers with the probable cause they need to arrest you if they believe you are intoxicated. If you fail the tests, you could be arrested.
Field sobriety tests are a big deal
Most people submit to field sobriety tests because they believe that they must or they are too nervous to say no. Refusing is especially difficult if the police officers are nice or act as if the tests are not anything to worry about.
However, field sobriety tests are notoriously unreliable and do not always accurately measure someone’s level of intoxication.
Additionally, many times police officers have already decided that you are intoxicated and want to perform the tests because they need proof to arrest you. Therefore, the tests are not necessarily helping them gauge your impairment.
You can submit to field sobriety tests if you wish. Performing them can be beneficial in some cases. But if you are arrested based on the results of field sobriety tests, you might have a valid DUI defense.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=489852024-01-25T23:06:44Z2024-01-30T23:05:23Zcriminal defense. This includes voluntarily talking to the police.
When you’re under suspicion form criminal wrongdoing, it might be tempting to contact investigators to try to set the record straight and clear yourself of any suspicion, but this is extremely dangerous.
Reasons why you shouldn’t talk to the police if you’re under investigation
To protect yourself as much as possible, you should probably avoid talking to the police unless advised otherwise by your attorney. Here’s why:
The police can lie to you about evidence they have against you, simply to get you talking.
The police might intimidate you or threaten criminal charges against your loved ones to try to get you to confess to the criminal act in question.
The police can misconstrue what you’ve said to paint you in an unfavorable light that makes you look guilty.
You might inadvertently misstate a fact that the police can then use to attack your credibility.
The police might inaccurately recall what you said.
The police aren’t able to offer you any sort of plea deal that you might be looking for.
Protect your interests throughout your criminal proceeding
A single misstep during your criminal case can lead to horrible outcomes for you and your family. To keep that from happening, think of how you can build the aggressive criminal defense arguments best aimed at destroying the prosecution’s case. By doing so, you’ll hopefully be able to beat the charges levied against you and salvage your future.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=489832024-01-16T13:06:49Z2024-01-16T13:06:49ZMiranda rights violations
Under the Fifth Amendment of the U.S. Constitution, police officers may not interrogate someone in police custody without reading them their ”Miranda Rights.” Before beginning to question you, the officer must say that you have the right to remain silent, that anything you say can be used against you, that you have the right to an attorney, and that if you cannot afford one, one will be appointed to you.
If an officer begins to interrogate you without informing you of your rights or continues to question you after you have exercised your right to remain silent and/or requested an attorney, the officer may have violated your Fifth Amendment rights. As a result, any incriminating statements you make may not be used against you in court.
A drug crime conviction may carry serious penalties, including years in prison and significant monetary fines. Establishing that your Constitutional rights were violated may be the best way to avoid these serious penalties.
]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=489812024-01-05T19:40:05Z2024-01-02T19:35:46ZRobbery versus burglary
The crime of robbery involves the use or threat of force to take property from another person. For instance, if a suspect is alleged to pull out a gun, point it at another person and say “give me your money,” those are usually sufficient facts to charge the suspect with robbery.
By contrast the crime of burglary involves entering a place without permission – the place could be a dwelling, other type of building or even a plane or boat – and then, while there, intend to commit a felony – usually theft.
These two criminal charges are oftentimes confused with each other, but they are really quite different crimes. If you are facing a robbery or burglary charge in Illinois, or any other violent crime charge for that matter, it is important to take the time to evaluate every part of the case to prepare a solid criminal defense strategy.]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=489792024-01-02T13:02:36Z2024-01-02T13:02:36ZHow a DUI impacts your career as a licensed healthcare worker
The Illinois Department of Financial and Professional Regulation (IDFPR) is tasked with ensuring that professionals like you are competent to perform their job duties. If you’re charged with a DUI, then the IDFPR will most definitely investigate your case to see if some sort of discipline is warranted. What could that discipline look like?
It depends on the facts of your case. However, state law allows the IDFPR to suspend or revoke your license, publicly reprimand you, place you on probation, and even fine you up to $10,000.
The specific discipline that you end up facing is going to depend on the outcome of your DUI case and its severity. Indications that you have an alcohol dependency is likely going to lead to more significant discipline, and you might face harsher penalties if it looks like you were trying to hide your criminal charge from the IDFPR. That’s why you’re required to report your DUI arrest to the IDFPR.
How can you protect your career when facing DUI charges?
First, it’s important to remember that there’s a big difference between a DUI arrest and a DUI conviction. Although you might face some sort of discipline for the arrest itself, a DUI conviction is likely going to result in more significant discipline and a record that’ll be harder for you to shake.
Therefore, while you’ll want to be apologetic in some fashion, you probably don’t want to admit guilt, especially not before assessing your DUI defense options. Depending on the facts of your case, you might be able to use the following strategies to effectively protect yourself:
Argue illegal search and seizure: If you were illegally stopped or the police misused an exception to the warrant requirement when they searched your vehicle, then you might be able to block that evidence from being used against you.
Claim improper administration of a breath test: Breath tests can be faulty, especially when improperly stored, calibrated, or used. If you were belching just prior to the administration of the test, for example, then the reading may come back artificially high. You need to point these issues out to the judge and jury in your case.
Point out lack of credibility: Although most people have an engrained trust in the police, law enforcement officers and witnesses aren’t always as trustworthy as we hope them to be. If you can demonstrate that witnesses in your DUI case lack credibility, perhaps by pointing out inconsistent statements, then you can diminish the power of the prosecution’s case.
Fight to protect your freedom and your career
As a licensed medical professional, there’s certainly a lot at stake when you’re accused of drunk driving. That’s why you need to find the best strategy for defending yourself both against criminal penalties and professional discipline.
Fighting on two fronts can be stressful to say the least, but there are aggressive advocates out there who can help you fight to protect your interests. If you want to learn more about what it takes to build an aggressive DUI defense, then please continue to read our blog and our website.
]]>On Behalf of W. Scott Hanken, Attorney at Lawhttps://www.hankenlaw.com/?p=489742023-12-20T22:09:40Z2023-12-18T22:07:48Zfor marijuana DUI is a vital first step to preventing a conviction and its negative impact.
Know the details of a marijuana DUI investigation
Just as people are not allowed to drive a vehicle with a certain amount of alcohol in their system, they are also prohibited from driving with marijuana in their system. This is true whether the person was using it medicinally or recreationally.
Even carrying it in the vehicle has specific rules as it must be in a sealed, child-resistant and odor-proof container. Passengers should not use marijuana while riding in the vehicle as this too can result in charges for the driver.
If a law enforcement officer stops a vehicle on suspicion of DUI, the driver must submit to a field sobriety test or chemical testing when asked to do so. Refusal is a charge on its own and the driver’s license will be suspended independent of whether they were under the influence.
When a driver’s license is suspended based on a field sobriety test, the driver can challenge it within 90 days. Perhaps the officer did not have reasonable suspicion that the driver was operating the vehicle or was in physical control of it while under the influence. It can also be questioned whether the driver refused to submit to the test or admitted to having used marijuana.
Any DUI charge can be fought
Like alcohol-related DUI, there are myriad consequences that can result from a conviction including lost driving privileges, fines and jail time. There are, however, strategies that a person can use to try and fight the charges, reduce them or avoid a conviction altogether.
With the holiday season in full swing, people will be attending events and parties with family and friends. There is a likelihood that they will have alcohol or marijuana available to them. Law enforcement is increasing its presence and initiating a crackdown to catch people allegedly driving under the influence over the holidays.
Those who are arrested and charged should understand how to assess the case and craft an effective defense with guidance from those who are keenly aware of how prosecutors and law enforcement pursue convictions.]]>