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What Are the Penalties for Battery in Illinois?

November 20th, 2017 at 9:32 am

aggravated battery, aggravated domestic battery, battery, domestic battery, penalties for batteryBattery, unlawfully and knowingly causing physical bodily harm to someone else or making physical contact of a provoking or insulting nature with the person of another, is a serious criminal offense in the state of Illinois. Moreover, battery is punished in a variety of different ways—the severity of which depends on the circumstances surrounding the battery and the type of battery with which the offender is charged. 

Battery & Aggravated Battery

Battery as defined in code section 720 ILCS 5/12-3 is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500. However, in some instances, those convicted of battery will instead be sentenced to probation rather than imprisonment and be required to attend counseling and/or engage in a set amount of community service.

Additionally, if the offender is convicted of aggravated battery under code section 720 ILCS 5/12-3.05, then he or she can be punished in any of the following ways, depending on the severity of the aggravating factors present:

  • Class 3 felony: Punishable by up to five years in prison and a $25,000 fine;
  • Class 2 felony: Punishable by up to seven years in prison and a $25,000 fine;
  • Class 1 felony: Punishable by up to 15 years in prison and a $25,000 fine; and
  • Class X felony: Punishable by up to 60 years in prison and a $25,000 fine.

Battery of an Unborn Child & Aggravated Battery of an Unborn Child

An offender who knowingly and without legal justification causes physical harm to an unborn child and is convicted of battery of an unborn child in Illinois under code section 720 ILCS 5/12-3.1, is guilty of a Class A misdemeanor, and can be sentenced to serve up to one year in prison and to pay a fine of up to $2,5000.

However, if the offender knowingly caused great bodily harm to the unborn child, then he/ or she can be convicted of aggravated battery of an unborn child, which is a Class 2 felony, and sentenced to serve up seven years in prison and pay up to $25,000 in fines.

Domestic Battery & Aggravated Domestic Battery

Domestic battery occurs in Illinois when an individual knowingly and without legal justification physically harms or makes physical contact of a provoking or offensive nature with a household or family member and is generally classified as a Class A misdemeanor. Domestic battery is punishable by up to one year in prison and a fine of up to $2,500. 720 ILCS 5/12-3.2.

However, domestic battery can constitute a Class 4 felony under some circumstances—for example, if the offender was previously convicted of domestic battery, violating a protective order, or a serious violent crime such as first degree murder, etc.—and is punishable by imprisonment for up to one year. Additionally, aggravated domestic battery in Illinois is a Class 2 felony that is punishable by up to seven years in prison and a fine of up to $25,000.

Charged with Battery? Contact a Local Criminal Defense Lawyer Today

No matter which type of battery you have been charged with in Illinois, it is important that you take the allegations that have been levied against you seriously and consult with a skilled Rolling Meadows criminal defense lawyer about your legal options without delay. At The Law Offices of Christopher M. Cosley, we offer a free initial consultation to prospective clients and would be happy to meet with you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

Juveniles Caught With Fake IDs in Illinois: The Consequences

November 17th, 2017 at 4:10 pm

criminal defense cases, fake ID laws, juvenile crime, Rolling Meadows juvenile charges defense lawyers, unlawful possessionAs the legal drinking age in Illinois is 21, it is not all that uncommon for underage juveniles to be caught with fake IDs. While such an offense may not seem like more than a youthful indiscretion, it is important to note that unlawful possession of fictitious identification in Illinois can be charged as a felony offense under some circumstances.

Unlawful Possession of Fictitious Identification

Under code section 15 ILCS 335/14A, it is a felony offense for any person in Illinois to:

  • Knowingly possess or display a fake or illegally altered ID card;
  • Knowingly possess or display a fake or illegally altered ID card in order to obtain a bank account, credit, a debit card, or a credit card;
  • Knowingly possess a fake or illegally altered ID card in order to commit credit card fraud, theft, or any other illegal action;
  • Knowingly possess a fake or illegally altered ID card in order to commit a violation which can be punished by imprisonment for one year or more;
  • Knowingly possess a fake or illegally altered ID card while also in unauthorized possession of a document or device that is capable of defrauding another; 
  • Knowingly possess a fake or illegally altered ID card while intending to use said card in order to acquire another source of identification;
  • Knowingly issue (or assist another in issuing) a fake ID card;
  • Knowingly change, or attempt to change, an ID card;
  • Knowingly possess, manufacture, provide, or transfer an identification document (either real or fake) in order to obtain a fake ID card;
  • Apply for a fake ID card for another person; or
  • Retain someone to apply for a fake ID card.

Offenders convicted of unlawfully possessing fictitious identification in Illinois can be found guilty of a:

  • Class 4 felony – If the offender knowingly possessed or displayed a fake or illegally altered ID card, applied for a fake ID card for another, or had someone apply for a fake ID card for him or her. However, if the offender is convicted of a second or subsequent violation then he or she is guilty of a Class 3 felony.
  • Class 4 felony – If the offender had two or more fake or illegally altered ID cards in his or her possession at the time he or she was arrested.

Additional Potential Consequences

In addition to the consequences outlined above, individuals who violate our state’s fake ID laws can find themselves in a heap of trouble. For example, the State of Illinois has the power to revoke or suspend an individual’s driving privileges if he or she is caught violating our state’s fake ID laws even if the individual is never convicted. Furthermore, anyone caught engaging in one or more of the following acts can be convicted of a Class A misdemeanor (punishable by a fine or up to $2,500 and up to a year in jail):

  • Knowingly allowing someone else to use his or her ID,
  • Using someone else’s ID, or
  • Altering a state ID or driver’s license.

Let Us Help You Today

If you or your child has been charged with unlawful possession of fictitious identification or a related offense in Illinois, contact the experienced Rolling Meadows juvenile charges defense lawyers of The Law Offices of Christopher M. Cosley without delay. Our firm handles a wide array of criminal defense cases throughout Illinois and has stellar references. Do not hesitate to contact us today for help.

Source:

https://www.illinois.gov/ilcc/All%20documents%20site%20wide/Education/Under%2021/Materials/MinorFakeIdEnglish.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=001503350K14A

Can Acts of Disorderly Conduct be Committed Online?

November 13th, 2017 at 9:59 am

disorderly conduct, Internet crime, juvenile crime, online disorderly conduct, Rolling Meadows disorderly conduct defense attorneysU.S. News recently reported that a Chicago middle schooler was charged with disorderly conduct and a hate crime after posting a video on social media. Allegedly, the video in question was threatening in nature and was removed from the Internet after a parent reported it to the Marlowe Middle School and the police got involved.

When we think of acts of disorderly conduct we often think of someone inciting a riot, peeping through a window, or fighting in public. Rarely do we think of disorderly conduct as a crime that can be committed online. Nevertheless, some states, including Illinois, recognize disorderly conduct as a crime that can be committed either in person or remotely.

Illinois’ Disorderly Conduct Statute

Under code section 720 ILCS 5/26-1, an individual can commit the crime of disorderly conduct in a number of different ways including, including the following:

  • Acting in an unreasonable manner that incites a breach of the peace,
  • Making a false report to the fire department,
  • Entering the property of another and peeping through a window or other opening for a lewd or unlawful purpose,
  • Falsely reporting that an explosive or dangerous device is concealed somewhere that threatens human life, or
  • Falsely reporting that a crime is being committed.

Disorderly Conduct Committed Online

Now that social medical has become so pervasive in today’s society, the law has been forced to recognize that acts of disorderly conduct are no longer solely committed in person. For example, years ago when an individual wanted to incite a riot they did so by standing on a soap box in a public square. Now, it is often much more efficient to rile up the masses by posting online.

In an effort to keep up with changing times, lawmakers in Illinois have even made attempts to amend our state’s disorderly conduct statute so that the act of uploading certain videos onto the Internet explicitly constitutes disorderly conduct. For instance, House Bill 4419 attempted to expand Illinois’ definition of disorderly conduct to include the act of uploading videos depicting a crime being committed, batteries, gang-related fights, or other acts of violence with the intent to condone or promote such violence.

Contact a Local Disorderly Conduct Defense Attorney

If you or your child has been charged with disorderly conduct in Illinois, be aware that such an offense is serious and can be charged as either a misdemeanor or a felony and that, if convicted, you may face time in jail. Therefore, if you have been accused of engaging in disorderly conduct in Illinois, whether online or in person, be sure to contact The Law Offices of Christopher M. Cosley today. One of our experienced Rolling Meadows disorderly conduct defense attorneys would be happy to review your case during a free confidential consultation at our office.

Source:

https://www.usnews.com/news/best-states/illinois/articles/2017-10-30/student-charged-with-hate-crime-after-social-media-post

Crimes Against the Elderly Carry Increased Penalties in Illinois

November 10th, 2017 at 7:37 am

burglary, crimes against the elderly, criminal offender, Rolling Meadows criminal defense attorney, sexual assaultA man accused of committing a series of crimes on both sides of the Illinois-Indiana border is facing various charges for which, if convicted, he will likely receive increased penalties because he targeted the elderly during his crime spree. The Chicago Sun Times reports that the alleged offender is being held in jail on multiple charges of sexual assault, burglary, unlawful possession of a firearm by a felon, and burglary resulting in bodily harm. The victims of these alleged crimes were predominantly elderly men and women and included a 97-year-old-woman and a 73-year-old man who were robbed outside of their home, and an 81-year-old woman who was robbed and sexually assaulted, among others.

Crimes Against the Elderly

Under Illinois law, crimes committed against the elderly (or the disabled) are considered to be more morally egregious than those committed against other people, and therefore are often punished more severely. In fact, when a crime is committed in Illinois against an elderly adult, the maximum prison sentence permissible for the crime committed can be extended. In some instances, prison sentences are doubled.

However, it is important to note that during the sentencing phase of a criminal case the victim’s age is only one aggravating factor that the presiding judge will consider when determining the offender’s sentence. During this process the judge will also give weight to additional aggravating factors that favor an increased sentence as well as to mitigating factors that weigh in favor of a reduced sentence.

The other aggravating factors that Illinois judges take into consideration when sentencing a criminal offender are listed in code section 730 ILCS 5/5-5-3.2(23) and include, but are not limited to the following:

  • The offender was paid to commit the crime,
  • The offender has a criminal history, and
  • Punishing the offender is needed in order to deter other people from committing the same offense.

Furthermore, the mitigating factors that sentencing judges in Illinois consider are contained in code section 730 ILCS 5/5-5-3.1 and include, but are not limited to the following:

  • The offender did not threaten or cause serious physical harm to his or her victim,
  • Based on his or her attitude and character, the offender is unlikely to commit a crime again in the future, and
  • The offender has a mental disability.

Charged With a Crime in Illinois? Contact a Rolling Meadows Criminal Defense Attorney

If you have been charged with a crime in Illinois, it is critical that you consult with a local criminal defense attorney about your legal options without delay. Regardless of whether or not you committed the illegal acts that you are accused of, it can make a world of difference having an experienced criminal defense attorney fighting to protect your legal rights.

To find out what a top tier Rolling Meadows criminal defense attorney can do for you, contact the Law Offices of Christopher M. Cosley today. One of our experienced attorneys would be happy to discuss your case with you during a free initial consultation.

Source:

https://chicago.suntimes.com/news/elderly-woman-sexually-assaulted-during-robbery-in-lansing/

Sentencing in Illinois Criminal Cases: Aggravating and Mitigating Factors

November 6th, 2017 at 11:01 am

aggravating factors, criminal cases, criminal defendant, mitigating factors, Rolling Meadows criminal defense attorneyAfter a criminal defendant in Illinois is found guilty of committing a crime, or pleads no contest, a judge will evaluate the facts surrounding the case and then sentence the offender. While making this determination the judge also takes into account relevant mitigating factors (i.e. factors that support imposing a lesser penalty) and aggravating factors (i.e. factors that support imposing a harsher penalty).

Mitigating Factors

Under code section 730 ILCS 5/5-5-3.1 of the Illinois Compiled Statutes, judges in Illinois are required to consider the following mitigating factors when determining an offender’s sentence:

  • The offender’s criminal conduct did not cause, or threaten, serious physical harm to another,
  • The offender did not consider that his or her conduct would cause or threaten serious physical harm to another,
  • The offender was provoked,
  • There were substantial facts that, although they failed to establish a defense, tended to excuse the offender’s criminal conduct,
  • The offender’s criminal conduct was facilitated or induced by someone else,
  • The offender has compensated, or plans to compensate, his or her victim for the damage that he or she suffered,
  • The offender was a law-abiding citizen for a substantial period of time prior to committing the crime for which he or she is being sentenced,
  • The circumstances that led to the offender’s criminal conduct are unlikely to reoccur,
  • The offender’s attitude and character indicate that he or she is unlikely to commit another crime in the future,
  • The offender is likely to comply with the terms of an imposed probation period,
  • Imprisoning the offender would impose excessive hardship on his or her dependents,
  • Imprisoning the offender would endanger his or her medical condition,
  • The offender has an intellectual disability,
  • The offender sought emergency medical care for an overdose and is being sentenced for a qualifying crime involving a controlled substance under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act,
  • The fact that the offender was a domestic violence victim tends to justify or excuse the defendant’s criminal conduct, and/or
  • When committing the offense, the offender suffered from a serious mental illness that substantially impacted his or her ability to appreciate the nature and illegality of his or her acts.

Aggravating Factors

Additionally, judges imposing criminal sentences in Illinois are required to consider aggravating factors. Under code section 730 ILCS 5/5-5-3.2 of the Illinois Compiled Statutes the aggravating factors that must be considered include, but are not limited to:

  • The offender’s conduct caused, or threatened, serious harm to another,
  • The offender was paid for committing the offense,
  • The offender has a history of engaging in criminal activity,
  • Punishing the offender is necessary in order to deter others in the community from committing the same offense in the future,
  • The offender’s victim was 60 years old or older,
  • The offender’s victim had a physical disability,
  • The offense occurred at a place of worship before, during, or following a worship service, and/or
  • The offender was wearing a bulletproof vest when he or she committed the offense.

Let Us Help You Today

Criminal defense attorneys have their work cut out for them during the sentencing phase of criminal trials because this is when they present mitigating factors in favor of their clients. This is critical as successfully doing so can mean no or reduced jail time for their clients. To find out what an experienced Rolling Meadows criminal defense attorney can do for you, contact The Law Offices of Christopher M. Cosley today for help.

Source:

https://www.law.cornell.edu/wex/mitigating_factor

Will a 15-Year-Old Illinois Teen Accused of Murder be Tried as an Adult?

November 3rd, 2017 at 8:04 am

accused of murder, criminal juvenile defendants, juvenile court, juvenile justice system, Rolling Meadows juvenile crime attorneyIn Illinois, we have a juvenile justice system that handles most criminal offenses involving minors (i.e. individuals who are less than 18 years old) and a separate justice system that adjudicates criminal cases involving adult defendants. However, under some limited circumstances a judge will decide that a particular minor should be tried as an adult and will transfer his or her case out of the juvenile system and into the adult system. This is exactly what may happen to a 15-year-old Illinois teen accused of committing first-degree murder.

KWQC TV6 reports that the girl turned 15 just three days before she allegedly murdered her mother. Under Illinois state law a minor who has been charged with first-degree murder will not have his or her case automatically transferred into adult court if he or she is less than 16 years old; however, the possibility of being tried as an adult is still not off the table for Ms. Schroeder.

When Can Minors Be Tried as Adults in Illinois?

Generally speaking, a minor who is accused of committing a criminal offense before his or her 18th birthday will have their case heard in juvenile court. However, the Illinois Juvenile Court Act provides that a minor who is 15, 16, or 17 years old may have their case transferred into the adult justice system and be tried as an adult if the individual is charged with one or more of the serious crimes enumerated under the Act.

The Juvenile Court Act, along with House Bill 3718 (which was signed into law just two years ago), prevents criminal juvenile defendants who are 15 years old from automatically being transferred into the adult system and limits the transfer of minors aged 16 and 17 to only those accused of committing very serious crimes (such as first-degree murder, aggravated sexual assault, aggravated vehicular hijacking, etc.).

How Does the Juvenile Justice System Differ From the Adult System?

The juvenile justice system differs from the adult system in a number of important ways including the following:

  • In the juvenile system defendants are required to be represented by an attorney,
  • Sentencing in the adult system generally focuses on punishment while sentencing in the juvenile system predominantly focuses on rehabilitation,
  • In the juvenile system defendants are not afforded the right to a public trial by jury, and
  • Juvenile adjudication hearings are generally much more informal than criminal trials conducted in adult court.

Reach Out to Us Today for Help

If you are a minor who has recently had a run-in with the law, or if you are the parent or legal guardian of such a minor, feel free to contact the Law Offices of Christopher M. Cosley with any questions that you may have. Attorney Chris Cosley is an experienced Rolling Meadows juvenile crime attorney who is committed to protecting the rights and futures of his juvenile clients. Contact the office today for help.

Source:

http://www.kwqc.com/content/news/TV-6-Investigates-Illinois-changed-juvenile-transfer-law-449512603.html

Understanding State and Federal Racketeering Laws

October 27th, 2017 at 1:29 pm

criminal charges, federal racketeering laws, racketeering, Rolling Meadows criminal law attorney, RICO offenseIf you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney. Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.

If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will be ordered to provide financial restitution to any victims.

Overview of Racketeering

Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.

Examples include:

  • Producing counterfeit consumer goods;
  • Bank fraud;
  • Laundering money;
  • Bribing an athlete or other individual participating in a sporting event; and
  • Tampering with a witness in a criminal case.

In Illinois, if convicted of a crime where the RICO Act was implicated, you could face between one and 20 years in prison, along with being ordered to pay up to $250,000 in fines. The extent of the penalties is typically influenced by your previous convictions, if any, the scope of the racket and amount of money stolen or laundered, the amount of attention the case received from the press, and any other circumstances that may have a bearing on the case.

Defenses That Can Be Used to Combat a Racketeering Charge

If you are charged with a RICO offense, do not assume that the government will obtain a conviction. The standard the prosecution must meet in order to convict you is “beyond a reasonable doubt.” Basically, beyond a reasonable means that the prosecutor must present such compelling evidence that there is no other reasonable explanation that can be derived from the specific facts of your case other than you are guilty of the crime. The threshold is this high because there is a presumption of innocence when someone is charged with a crime.

Your Rolling Meadows racketeering defense attorney needs to work diligently to build your case and raise some, or call, of the following defenses:

  • Having evidence excluded if it was illegally obtained by police (also known as fruit of the poisonous tree doctrine);
  • Introducing evidence that you had no knowledge of the illegal racket
  • Raising reasonable doubt of your guilt

Speak to a Rolling Meadows Racketeering Defense Lawyer Today

As you can see, racketeering charges are quite serious and necessitate having top-notch legal representation. That is why you need to contact a passionate Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley. Let us help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+33G&ActID=1876&ChapterID=53&SeqStart=90000000&SeqEnd=91000000

Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois

October 23rd, 2017 at 6:21 am

breathalyzer test, DUI charge, DUI conviction, DUI defense, Rolling Meadows DUI attorneyIf you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

Warning Required

When a police officer asks you to take a breathalyzer test, they are legally obligated to inform you that refusing to take the test may result in the aforementioned suspension of your driver’s license.

The suspension of your driver’s license can go beyond one year, depending whether you have a criminal record and/or a prior DUI conviction.

Why Some People Opt to Decline the Breathalyzer Test

There is a belief that if you refuse a breathalyzer test, it will improve your chances of prevailing against the government’s DUI charge. This is not a sound legal strategy. Yes, the lack of an official breathalyzer result may make it more challenging for the prosecution to obtain a conviction, but it does not guarantee your victory in court. This is because the government can prove a DUI through a variety of methods, even without a breathalyzer result.

For example, the police officer who pulled you over could testify in court concerning your driving behavior and physical appearance when you were pulled over. If you underwent a field sobriety test, the results of that test are generally admissible as evidence. Also, there may be video footage from the police officer’s squad car which could potentially reveal that you were intoxicated. Some, or all, of these tests and other evidence could be considered sufficient by a jury to find you guilty of driving under the influence of drugs or alcohol.

Speak to a Rolling Meadows DUI Defense Attorney Today

Whether you agreed to take a breathalyzer test or not, you have the right to quality legal representation. That is why it makes sense to contact a passionate Rolling Meadows DUI attorney at the Law Offices of Christopher M. Cosley. We are eager to assist you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500400K5-7.1

Strategies for Prevailing in Your DUI Case

October 20th, 2017 at 11:50 am

DUI case, DUI convictions, DUI offenses, Rolling Meadows criminal law attorneys, DUI defenseGetting convicted of a DUI carries significant ramifications that may adversely affect you for years. A DUI conviction is typically a Class A misdemeanor, meaning you could be ordered to serve up to one year in jail. You could also be required to pay a fine of up to $2,500 with a mandatory minimum fine of $500. In addition, your driver’s license will be suspended for at least one year. And this is all for a first-time offender.

If you have prior DUI convictions on your record, the penalties are even more severe. For example, if this is your third DUI conviction, the charge escalates to a Class 2 felony which means you could be ordered to spend between three and seven years in jail. Also, your driver’s license will be suspended for at least 10 years.

Ways to Prevail Against the Government

If you are charged with a DUI, do not presume that you are going to be found guilty. There are many ways to challenge a DUI charge. For example, your Rolling Meadows DUI defense attorney can investigate whether the police officer who pulled you over followed all proper and necessary protocols and procedures when handling your charges.

The Fourth Amendment to the U.S. Constitution protects you from being subjected to an unreasonable search and seizure. Hence, a police officer cannot engage in an invasive search of your person or vehicle for no good reason.

In addition, a police officer must have probable cause to pull over your vehicle. Therefore, if you were operating your vehicle in a reasonable manner, traveling at the posted speed limit, and the officer just randomly pulled you over, the arrest and subsequent charge could be challenged due to a lack of reasonable suspicion.

Another way to prevail in court is to challenge the veracity of the evidence the government claims to have against you. This may include impeaching the police officer’s credibility, contesting whether you were even the driver in the vehicle, or emphasizing the fact that you took a field sobriety test and passed.

Are these strategies guaranteed to work? No lawyer can guarantee the outcome of a case. Nevertheless, these strategies highlight the fact that you have ways to take on the government’s charges and prevail in court.

Speak to a Rolling Meadows DUI Defense Attorney Right Away

One of the best ways to enhance your chances of succeeding in court is by contacting a DUI defense lawyer right away. The dedicated Rolling Meadows criminal law attorneys at the Law Offices of Christopher M. Cosley are ready and able to help. We have extensive experience representing people charged with DUI offenses. Contact our office today to schedule a confidential case review.

Source:

http://www.isp.state.il.us/traffic/drnkdriving.cfm

Governor Signs New DUI Law

October 16th, 2017 at 6:35 am

Conor's Law, criminal DUI charges, drunk driving, new DUI law, Rolling Meadows DUI attorneysThe Governor of Illinois signed a new piece of legislation into law that alters the way police handle an arrest of someone under the age of 21 who is suspected of being intoxicated.

Senate Bill 2185, most commonly referred to as “Conor’s Law” requires that when a police officer arrests someone showing signs of being intoxicated who is under the age of 21, he or she must make a reasonable attempt to contact a responsible adult who can take custody of the individual. If police cannot locate a parent, guardian, family member, or friend, the arrested individual has the right take a breathalyzer test or other chemical test to prove that he or she is below the legal limit of 0.08. The results of these tests are now prohibited from being used in a prosecution against the person placed under arrest.

The new law, which goes into effect in June 2018, enables police to detain someone under the age of 21 until he or she sobers up or, as mentioned, police can locate a responsible adult to come pick up the individual, according to WAND17.

Conor’s Law also exempts police officers from criminal and civil liability if they acted in good faith when determining whether to detain or discharge the individual or to allow a responsible adult to take the individual into protective custody.

Rationale Behind the New Law

This new DUI law is named after Conor Vesper, a 20-year-old Blackburn College student who took his own life after being placed under arrest for alleged drunk driving.

Prior to the passage of Conor’s Law, anyone placed under arrest for driving under the influence of drugs or alcohol in the state could be released on their own recognizance once he or she posted bond.

At the bill signing, the Governor of Illinois emphasized the importance of protecting impaired young individuals while they are in a mental and emotional state that places them at risk of making a reckless and dangerous decision, according to Fox 55 Illinois. The goal is to try and prevent another tragedy similar to Conor Vesper’s passing.

Rolling Meadows DUI Defense Attorney is Here to Help

If you or your child is facing criminal DUI charges, do not lose hope or assume that will be found guilty. The skilled Rolling Meadows DUI attorneys at The Law Offices of Christopher M. Cosley is here to help and understands the complexities of Illinois’ DUI laws. Our legal team possesses extensive experience representing people facing serious DUI charges. We work tirelessly on your behalf to try and build a compelling defense that will challenge the government’s supposed evidence against you and raise a reasonable doubt sufficient to convince a jury that you should not be convicted of the charges. Contact our office right away to schedule a confidential case review.

Sources:

http://www.wandtv.com/story/36458081/conors-law-could-make-changes-to-certain-arresting-procedures

http://foxillinois.com/news/local/new-dui-law-signed-we-pray-that-we-are-continuing-conors-work-09-26-2017

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