Your child just returned from school with a letter from the principal. The school discovered something they consider to be a weapon in his or her locker, and now the school is seeking to expel your child for two years. What can you do?

For one thing, you may need to hire an attorney. Often, it is difficult for parents to understand how a hearing officer will perceive their child’s actions. Without this understanding, it can be difficult to make a persuasive case. For example, pointing out that another student got away with worse behavior generally does not work in your favor.

While nobody can guarantee a favorable outcome, an attorney can help you craft the best possible defense for you child:

(1) An attorney can evaluate the evidence the school is planning to use against your child.

(2) An attorney can prepare your child and any other possible witnesses to testify so that they make the best impression they can on the hearing officer. Students may not realize when they are coming off as defensive, blaming or sullen.

(3) An attorney can cross-examine any witnesses the school uses against your child in order to point out weaknesses in the school’s case.

(4) An attorney can evaluate whether a school is following lawful procedures. For example, Illinois law bars a zero-tolerance discipline policy except in certain situations. Did the school jump to expel too quickly?

(5) Even if the evidence against your child is overwhelming, an attorney may be able to negotiate a better outcome than you could on your own.

Bear in mind that if you wish to appeal the school’s verdict, you must make a complete record of your best evidence at the school hearing. An appellate judge will only look at the evidence presented there and will not allow you to introduce new evidence on appeal.

If your student has a school discipline 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.)

Last fall, Illinois libraries faced a slew of bomb threats. Fortunately, the threats were not real. However, calling in a false bomb or shooting threat is not viewed as a harmless prank. If your child engages in such behavior, they could face serious consequences leading to both criminal prosecution and expulsion from school.

If the school is intending to proceed against your child, they will notify you of your child’s right to a hearing. It is essential to contact an attorney immediately in order to protect your child’s rights. You should not try to explain your child’s situation or mental state to the school. The school may take your statements out of context and use them against your child.

Also, the school and/or police may ask to see family phones or computers. Do not turn over this evidence without speaking to an attorney. Police generally need a search warrant to see the contents of a phone or computer. Schools also must follow rules.

If your child is in trouble for making threats, contact an experienced criminal and/or school law attorney immediately. An attorney can review your child’s situation for their best possible defense. Even if the evidence is overwhelming, an attorney may help you negotiate an exit from the school and a more favorable plea agreement from the prosecutor.

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.)

Social media presents kids with ever varied opportunities for trouble. As if online sexting and bullying weren’t bad enough, now it’s “devious licks,” a challenge where students post videos of themselves vandalizing or stealing school property.

If your child has taken the challenge, he or she could face both criminal charges and school discipline. Unfortunately, by posting video of themselves in the act, your child may have provided the evidence necessary for a conviction and possible school expulsion.

But all is not lost.

If your child is charged with a crime, an experienced criminal law attorney can review his or her case for its best possible defense. Is the identity of your child clear in the video? Can the state prove all the elements of the offense beyond a reasonable doubt? Can the state prove your child acted knowingly or with the required intent? Even if the evidence against your child is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a favorable plea agreement.

If your child is facing expulsion, it is essential that you request a hearing in order to preserve your child’s rights. An experienced school law attorney can present evidence at the hearing or can again try to negotiate a more favorable result. Be aware that a suspension can be a prelude to expulsion, so you may need to act quickly if the school decides to move from one to the other.

Although the trend went viral on Tiktok, the site quickly removed related content from its platform. However, posters have simply switched to alternative tags such as #despicablelicks, dastardly licks or nefarious licks.

If you have questions about a criminal or school law matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

References: CNN: The’devious licks’TikTok challenge has students stealing toilets and vandalizing bathrooms, and USA Today: Devious licks’ challenge on TikTok leads to criminal charges against students across US.

(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.)

As of June 1, 2020, high school students old enough to vote will not have to choose between exercising their constitutional rights and facing trouble over an unexcused absence.
Of course, this law may be less critical during the pandemic.

Under 10 ILCS 5/7-42, a student may leave school in order to vote for up to two hours during a school day. The student may vote election day or during early voting beginning the 15th day before an election. The school, however, may specify the hours when the student may be absent.

If you have questions about this or another Illinois school 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.)

You saw the school bus, but you honestly didn’t see the stop sign extending from it. So you drove past the bus, and next thing you know, a police car signaled you to pull over. You would never intentionally disobey a school bus sign, and the whole thing is extremely upsetting.

What is the law? What can you do?

In Illinois, you must stop before passing a school bus from either direction when the bus is signaling a stop by either a stop sign or flashing lights. You may not drive forward until the school bus proceeds, the bus driver signals to you, or the visual signals are no longer activated. See 625 ILCS 5/11-1414.

There are exceptions to this rule: You need not stop for a school bus on the opposite side of a highway that has four or more lanes with at least two lanes of traffic in opposite directions. You also do not need to stop for a bus on either side of the road if the bus is in a paved loading zone adjacent to a controlled access highway where pedestrians are not permitted to cross.

Apart from fines, you may lose your license for three months if convicted on a first offense, and for one year on a second or later offense that occurred within five years of a prior conviction. You may, however, be able to get a restricted driving permit to travel to work.

If you have been charged with overtaking a school bus or similar offense, contact an experienced traffic law attorney immediately. Was the bus signaling a stop? What was the nature of the roadway? Even if the evidence is clear, an attorney who is respected in the courthouse may be able to persuade the prosecutor to reduce the charge to a less damaging offense.

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.)

If you are in school, getting caught with illegal drugs can lead to your expulsion, and you could also be charged with a felony. The criminal penalties can be greater if you knowingly manufactured, delivered or possessed with intent to deliver a controlled substance such as heroin or cocaine within 1,000 feet of a school building.

This is true even if school was not in session and no children were in sight. Now, a new Illinois Appellate case has held that even a school that is no longer operating can be considered a school.

In People v Toliver, the defendant argued that his charges for unlawful possession of heroin with intent to deliver should not be upgraded because the Chicago Public Schools had closed the school in question. The Court disagreed. Even though the school was closed, the building still had the identity of a school and could still draw neighborhood children to its premises.

The court looked at the following factors: (i) ownership and maintaince by Chicago Public Schools, (ii) purpose, (iii) design, (iv) site characteristics (including school grounds), and (iv) its recognized place within the surrounding neighborhood. Based on these factors, you could be convicted of an aggravated offense.

If you are charged with a drug-related crime at court or at school, contact an experienced criminal and/or school law attorney immediately. Do not discuss your case with anyone, especially not the police. Trying to talk your way out of the situation might end up giving the prosecution the evidence they need to convict you.

If you are facing disciplinary proceedings at your school, an attorney can represent you in the hearing and present the evidence in your favor before the school. Parents often cannot properly evalute the documents or witnesses needed to best show their child’s good character. Generally, it is well worth having an objective professional to assist you given what is at stake.

In a criminal case, an attorney can review your case for its best possible defense. Did the police have probable cause to stop you? Was the search leading to the drugs legal? If not, an attorney may have grounds to challenge your arrest and hopefully get the evidence against you suppressed.

Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may help negotiate a more favorable plea agreement than you could on your own. Likewise, an attorney can attempt to present your situation to the school in its best light in hopes of getting a more lenient sanction.

If you have questions about this or another 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.)