Am I Responsible For My Spouse’s Crime In Illinois?

Sometimes we barely know the people we marry. We get a call from the police station and find out they are accused of crimes. Shortly, thereafter, we file for divorce.

Will you be responsible for the crimes your spouse committed in Illinois?

Will You Be An Accessory To Your Spouse’s Crime In Illinois?

You will only be held criminally responsible for your spouse’s crime if you had something to do with that crime.

In Illinois, “A person is legally accountable for the conduct of another when:

(a) having a mental state described by the statute defining the offense, he or she causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state;(b) the statute defining the offense makes him or her so accountable; or(c) either before or during the commission of an offense, and with the intent to promote or facilitate that commission, he or she solicits, aids, abets, agrees , or attempts to aid that other person in the planning or commission of the offense.

When 2 or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts.” 720 ILCS 5/5-2

Just being present at the crime scene with your spouse is not enough for you to be accused of the crime as well.

“Mere presence at the scene of a crime does not render a person accountable for an offense”

But being present at your spouse’s crime scene sure does not help you.

“[A] person’s presence at the scene of a crime, however, may be considered with other circumstances by the trier of fact when determining accountability.” 720 ILCS 5/5-2

If you were the crime’s victim or the crime would have happened whether you were around or not, you will not be held criminally liable.

A person is not so accountable, however, unless the statute defining the offense provides otherwise, if: “(1)he or she is a victim of the offense committed;(2) the offense is so defined that his or her conduct was inevitably incident to its commission” 720 ILCS 5/5-2

If you took appropriate steps to try to stop your spouse from committing the crime, you will also be found to be NOT accountable for their criminal actions.

“Before the commission of the offense, he or she terminates his or her effort to promote or facilitate that commission and does one of the following: (i) wholly deprives his or her prior efforts of effectiveness in that commission, (ii) gives timely warning to the proper law enforcement authorities, or (iii) otherwise makes proper effort to prevent the commission of the offense.” 720 ILCS 5/5-2

Will You Have To Testify Against Your Spouse In Your Spouse’s Criminal Case In Illinois?

The spouse of an accused criminal usually has good information about that criminal, what their habits are and where they were when the crime happened. A spouse can testify about what they saw their spouse do…but a spouse cannot testify about what their spouse told them.

“In all actions, husband and wife may testify for or against each other, provided that neither may testify as to any communication or admission made by either of them to the other or as to any conversation between them during marriage” 735 ILCS 5/8-801

“The marital privilege is intended to preserve the privacy of communications between spouses.” Puterbaugh v. Puterbaugh, 764 NE 2d 582 – Ill: Appellate Court, 3rd Dist. 2002

“The statute creates a privilege which may be waived by the holder of the privilege” People v. Hall, 743 NE 2d 521 – Ill: Supreme Court 2000

The person who holds the privilege is the person who said whatever they said. So, a spouse who said, “I think I’ll rob a bank tonight,” can insist that their spouse not disclose what they had said in a criminal court.

Will You Be Responsible For Your Spouse’s Restitution After Your Spouse’s Conviction In Illinois

If your spouse stole something or destroyed something, they will be ordered to pay the owner back upon conviction. This pay back is called “restitution.”

“In all convictions for offenses…in which the person received any injury to his or her person or damage to his or her real or personal property as a result of the criminal act of the defendant, the court shall order restitution” 730 ILCS 5/5-5-6

“At the sentence hearing, the court shall determine whether the property may be restored in kind to the possession of the owner or the person entitled to possession thereof; or whether the defendant is possessed of sufficient skill to repair and restore property damaged; or whether the defendant should be required to make restitution in cash, for out-of-pocket expenses, damages, losses, or injuries found to have been proximately caused by the conduct of the defendant” 730 ILCS 5/5-5-6(a)

If the victim had some kind of insurance for the damages caused by the crime, the court will not order the convicted criminal to pay the victim (otherwise, the victim would be paid twice).

“In fixing the amount of restitution to be paid in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant; and after granting the credit, the court shall assess the actual out-of-pocket expenses, losses, damages, and injuries suffered by the victim named in the charge and any other victims who may also have suffered out-of-pocket expenses, losses, damages, and injuries proximately caused by the same criminal conduct of the defendant, and insurance carriers who have indemnified the named victim or other victims for the out-of-pocket expenses, losses, damages, or injuries, provided that in no event shall restitution be ordered to be paid on account of pain and suffering.” 730 ILCS 5/5-5-6(b)

Is a spouse responsible for these restitution debts ordered by an Illinois criminal court?

The court’s order is against the criminal spouse and the criminal spouse alone. However, the victim could sue the spouse in civil court.

Can I Be Sued For My Spouse’s Criminal Actions In Illinois

In theory, the victim could also sue the criminal spouse in criminal court…but they could not include the innocent spouse as a party.

“No creditor, who has a claim against a spouse or former spouse for an expense incurred by that spouse or former spouse which is not a family expense, shall maintain an action against the other spouse or former spouse for that expense except:

• an expense for which the other spouse or former spouse agreed, in writing, to be liable” 750 ILCS 65/15(a)(2)

If you are in possession of the stolen goods or the stolen money was spent on you by your spouse, then you may be included in the private lawsuit.

Spouses will be liable in a civil lawsuit if there are “expense[s] for goods or merchandise purchased by or in the possession of the other spouse or former spouse, or for services ordered by the other spouse or former spouse.” 750 ILCS 65/15(a)(2)

How Will An Illinois Divorce Court Divide Criminal Restitution Owed?

The black mark of a criminal conviction is often too much to bear for the innocent spouse. After a criminal conviction, it is common for spouses to get divorced.

In an Illinois divorce, a court will determine what debts and obligations are marital based on when the debts were incurred.

‘[M]arital property’ means all property, including debts and other obligations, acquired by either spouse subsequent to the marriage” (emphasis mine)750 ILCS 5/503(a)

“For purposes of distribution of property, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage is presumed marital property.” 750 ILCS 5/503(b)

If the crime occurred during the marriage and/or the restitution was ordered before the divorce was finalized, that restitution debt will be marital and, thus, divisible.

Not to worry, an Illinois divorce court would not make an innocent spouse pay back the debts based on a crime the other spouse carried out alone.

An Illinois divorce court “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including:

(1) each party’s contribution to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property…

(2)  the dissipation by each party of the marital property” 750 ILCS 5/503(d)(1)

If your spouse has been accused of a crime…you are probably considering divorce. If so, contact an experienced Illinois divorce attorney to protect you from your spouse’s crimes and their consequences.

source https://rdklegal.com/am-i-responsible-for-my-spouses-crime-in-illinois/