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Eavesdropping

EAVESDROPPING

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL EAVESDROPPING DEFENSE

The relevant law can be seen at 720 ILCS 5/14-1

https://www.ilga.gov/legislation/ilcs/documents/072000050K14-1.htm

 

Penalty:

Eavesdropping or wiretapping is a Class 4 felony carrying a of sentence of one to three years in prison (three to three years if it is an extended term). Thirty months of probation is possible instead of prison time, and there is a potential fine of up to $25,000.

 

Definition:

You have committed eavesdropping when you use any device or machine to hear or record in any way a private conversation between two or more people without the consent of all parties involved. This is also the case if you hire or direct someone to do it (even if employed by you for other means) or if you intentionally benefit from someone who does it. Even if you are a law enforcement officer, you have committed this offense where and when you were listening or recording unless you were authorized to do so on the specific occasion authorized.

How we can defend you against a charge of eavesdropping:

  • We can try to show it was not intentional in any way on your part (it was just accidental), or that you just happened to have access to such a record without understanding beforehand what was going on. We can claim it did not happen, particularly if no record is available and it is your word against that of others.
  • We may claim it was a case of mistaken identity (someone else did it). We can argue that it was a case of mistaken identity, that it was not you who was there, or that if you were you were not committing eavesdropping. 
  • We might show you had good reason to think they knew you were listening or recording such that it was consensual. 
  •  We can discover and use mitigating circumstances to lessen the culpability of what you may have done.
  • We can dispute the facts and testimony of witnesses (like the alleged victim) for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
  •  If it is ruled admissible by the judge, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt. 

 

Prosecutors do not like to waste taxpayer's money on expensive public trials; we can possibly wrap things up in pretrial phase or if not, start negotiating from there for lesser charges and sentences for you. This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. It is worth it, and you deserve a good defense,


Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.

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