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Minors Caught With Alcohol in Illinois

August 21st, 2017 at 7:15 am

legal drinking age, Rolling Meadows criminal defense lawyers, unlawful consumption of alcohol, minors caught with alcohol, underage drinkingThe legal drinking age in Illinois, and throughout the United States, is 21. However, it is also illegal for those under 21 to even just possess alcohol in Illinois. Unlawful possession of alcohol by a minor and unlawful consumption of alcohol by a minor are related, yet distinct, crimes in Illinois.

Unlawful Possession of Alcohol by a Minor

Under Illinois’ Liquor Control Act (235 ILCS 5/1 et seq.) it is illegal for an individual who is under 21 years of age to possess alcohol. But what does it mean, in a legal sense, to “possess” something?

In this case, alcohol can be possessed either physically or constructively. Physical possession essentially means holding a container with alcohol in it. Constructive possession, on the other hand, means that you have both the intent as well as the ability to control the alcohol.

Therefore, if you have a six-pack of beer in the trunk of your car, a court would likely find that you have constructive possession of the alcohol.

Unlawful Possession Penalties

Unlawful possession of alcohol by a minor in Illinois is a Class A misdemeanor that is punishable by a fine of up to $2,500, up to 364 days in jail, and/or a driver’s license suspension of up to one year.

Unlawful Consumption of Alcohol by a Minor

In Illinois it is also illegal for anyone under the age of 21 to consume alcohol. Please keep in mind that it is therefore technically illegal for an underage person to have even a sip of alcohol.

Sometimes people mistakenly believe that this law prohibits those who are underage from being drunk or from having a blood alcohol concentration (BAC) of 0.08 percent or greater. However, this is not the case. Remember, in Illinois, it is illegal for an underage individual to consume any amount of alcohol.

Unlawful Consumption Penalties

Unlawful consumption of alcohol by a minor is a Class A misdemeanor in Illinois that is punishable by a fine of up to $2,500, up to 364 days in jail, and/or a driver’s license suspension of up to one year.

Exceptions

It should be noted that there are two limited exceptions to the underage alcohol laws outlined above. Under code section 235 ILCS 5/6-20(g), people under 21 years of age can legally possess and/or consume alcohol in Illinois either (1) during the performance of a religious service or ceremony, or (2) while in a private home under the direct supervision of their parent (or a person standing in loco parentis).

Let Us Assist You Today

If your child has been charged with unlawful possession or consumption of alcohol by a minor in Illinois, the experienced Rolling Meadows criminal defense lawyers of The Law Offices of Christopher M. Cosley are here to help. Our firm defends both minors and juveniles against a wide variety of alcohol related offenses and would be happy to assist you.

Source:

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1404&ChapterID=26

Domestic Battery: When Does Disciplining a Child Become Abuse?

August 17th, 2017 at 4:52 pm

child abuse, domestic battery, Rolling Meadows domestic battery defense attorney, corporal punishment, physical disciplineThere is great debate these days among parenting “experts” about whether or not children should be physically disciplined when they misbehave. Some think that children should never be physically reprimanded, others believe in spanking, and some feel that more violent forms of punishment (such as hitting a child with a stick or whipping them with a belt) is permissible.

Regardless of how you feel about corporal punishment as a parenting technique, it is critical that every parent in Illinois understands the legal line that our state has drawn between physical discipline and child abuse. It should be noted that this line is not as clear-cut as you might expect; however, this article explores the legal distinction between physical discipline and abuse according to Illinois law.

The Legal Line Between Physical Discipline and Abuse

The Appellate Court of Illinois held in In re F.W. that parents in our state have the right to physically discipline their children. However, a parent’s right to physically discipline his or her child is not unlimited.

Under code section 705 ILCS 405/2-3(2)(v) physical punishment of a child becomes abuse if the corporal punishment inflicted is “excessive.” But how are we to know when physical punishment becomes excessive? Unfortunately, the statute does not explain what constitutes excessive corporal punishment. However the Illinois State Bar Association notes that based on the applicable case law Illinois courts consider the following factors when determining whether or not a particular instance of physical discipline was excessive:

  • Injuries sustained by the child;
  • Any psychological issues exhibited by the child that can be attributed to the incident;
  • What part of the child’s body was affected;
  • The likelihood that excessive corporal punishment will be administered in the future;
  • The danger of further mental trauma or bodily harm;
  • How old the child is;
  • The purpose of the punishment;
  • The general reasonableness of the act; and
  • Any other information relevant to the case.

Child Abuse Penalties

If an Illinois court finds that a parent did in fact inflict excessive corporal punishment on his or her child that parent may face the penalties associated with a Class 1, Class 2, or Class 3 felony offense.

Have You Been Accused of Committing Child Abuse in Illinois?

As you can see, the line between permissible corporal punishment and child abuse in Illinois is not crystal clear. Therefore, if you have been accused of committing child abuse in Illinois, it is critical that you retain an experienced Rolling Meadows domestic battery defense attorney without delay. Having an excellent defense attorney fighting for you can make all the difference in cases like these where both sides of the aisle will be presenting evidence arguing whether or not the corporal punishment inflicted was “excessive.” To schedule an initial consultation with one of the exceptional criminal defense lawyers of The Law Offices of Christopher M. Cosley, contact our Rolling Meadows office today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1863&ChapterID=50&SeqStart=2300000&SeqEnd=6700000

https://www.isba.org/sites/default/files/sections/childlaw/newsletter/Child%20Law%20April%202015.pdf

Criminal Trespass in Illinois: The Basics

August 14th, 2017 at 7:00 am

criminal trespass, private property, Rolling Meadows criminal defense lawyers, trespassing, vehicle trespassLandowners and occupants in Illinois have the right to exclude people from trespassing on their property. Therefore, entering onto someone else’s private property without permission to do so can constitute a civil trespass as the trespasser violated the owner/occupant’s exclusive possession of the land.

However, in Illinois a trespasser can also be charged with criminal trespass under some circumstances. Three of the most commonly charged forms of criminal trespass in Illinois are outlined below.

Criminal Trespass to Real Property: Code Section 720 ILCS 5/21-3

Here in Illinois the crime of criminal trespass to real property is defined in section 720 ILCS 5/21-3 of the Illinois Compiled Statutes and states that an individual is guilty of criminal trespass when he or she:

  • Enters or remains in a building knowingly and without the lawful authority to do so;
  • Enters the property of another after receiving notice from the owner or occupants forbidding entry;
  • Remains on another person’s land after being told by the owner or occupant to depart;
  • Presents false documents or misrepresents his/her identity in order to falsely obtain permission to enter or remain on another person’s property;
  • Intentionally removes a posted notice from residential real estate early; or
  • Enters or remains in a field that could be used to grow crops, a fenced area or building that contains livestock, or an orchard in a motor vehicle after being told by the owner or occupant that doing so is forbidden.

Criminal trespass to real property is generally charged as a Class B misdemeanor in Illinois and is punishable by up to six months in jail and a fine of up to $500.

Criminal Trespass to a Residence: Code Section 720 ILCS 5/19-4

Additionally, the Illinois Compiled Statutes also contains a more specific statute that criminalizes trespass to a residence. Under section 720 ILCS 5/19-4 an individual commits criminal trespass to a residence when he/she (1) knowingly enters or remains in a residence without the authority to do so, or (2) knowingly enters or remains in someone else’s residence without the authority to do so while knowing (or having reason to know) that at least one person is home.

Criminal trespass to a residence can be charged as either a Class A misdemeanor or as a Class 4 felony.

Criminal Trespass to Vehicles: Code Section 720 ILCS 5/21-2

Under section 720 ILCS 5/21-2 of the Illinois Compiled Statutes an individual commits criminal trespass to vehicles when he/she knowingly enters a vehicle, watercraft, aircraft, or snowmobile without the authority to do so.

Criminal trespass to vehicles is a Class A misdemeanor in Illinois.

Contact Us for Help Today

If you have been accused of criminal trespass in Illinois contact the Law Offices of Christopher M. Cosley without delay. Our team of experienced Rolling Meadows criminal defense lawyers defend both adults and minors against criminal trespass charges as well as a wide array of other criminal allegations across Illinois.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-3

How Probation Works in Illinois

August 9th, 2017 at 9:40 am

how probation works, probation, Rolling Meadows probation violation defense attorney, probation violation, criminal defense representationProbation, not to be confused with parole, is a court ordered sanction that can be imposed on some criminal offenders as an alternative to incarceration. Probation affords an offender who has demonstrated a willingness to rehabilitate himself or herself the opportunity to remain a member of the community (and to stay out of jail) so long as he or she strictly complies with the conditions of his or her probation.

In Illinois, probation conditions vary from offender to offender and case to case but often include:

  • A curfew;
  • Mandatory participation in rehabilitation programs and/or counseling;
  • Prohibition on consuming drugs and alcohol;
  • Drug testing;
  • Paying restitution, attorneys fees, and/or fines;
  • Completing community service;
  • Staying within the state unless granted permission to leave;
  • Diligently searching for a job;
  • Leaving the victim(s) of the crime alone;
  • Reporting to a probation officer; and/or
  • Prohibition on possessing weapons.

In Illinois, each and every court ordered condition of probation is very important as violating just one of them means that the offender is in violation of probation.

What Does it Mean to Be in Violation of Probation?

When an offender is placed on probation the court clearly lists the conditions of probation that must be met. If the offender fails to meet any of these conditions, then he or she is considered to be “in violation of probation” and risks having their probation revoked. When this happens, then his or her probation officer may either issue a warning or request the alleged violator to appear in court so that a judge can determine whether or not the terms of his or her probation were violated.

Before an Illinois offender who is requested to appear in court under suspicion of violating the conditions of his or her probation can have their probation revoked, the prosecution must file a Motion to Revoked Probation. When this happens, a hearing is scheduled and both the person who allegedly violated the conditions of his or her probation as well as the prosecution have an opportunity to argue their respective sides of the matter.

If the court finds that the individual did in fact violate the terms of his or her probation, then the judge has the power to revoke probation and sentence the individual to serve time in jail instead. However, the judge also has the option of extending the individual’s probation, imposing additional conditions of probation, or ordering the individual to serve a brief stint in jail before being placed back on probation.

Clearly, being in violation of probation is no joke. Therefore, if you have been accused of violating a condition of your probation, then it is important that you know and exercise your legal rights. Most importantly, remember that your probation can not be revoked until you have had the opportunity to present evidence in your defense at your probation violation hearing, and be aware that you can have a criminal defense attorney represent you at this hearing.

Contact a Violation of Probation Defense Attorney for Professional Assistance

At The Law Offices of Christopher M. Cosley we provide aggressive criminal defense representation to clients accused of violating the terms of their probation across Illinois. Our experienced Rolling Meadows probation violation defense attorneys are here to help you. Call  847-394-3200 today.

Source:

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

Criminal Statutes of Limitation in Illinois

August 7th, 2017 at 8:01 am

criminal cases, criminal statutes of limitation, Illinois crime, Rolling Meadows criminal defense lawyers, Illinois criminal lawDid you know that in some criminal cases Illinois prosecutors are bound by a statute of limitations (SOL) that limits the timeframe within which they are permitted to file criminal charges against you? This means that if you commit a crime in Illinois, and are not officially charged before an applicable statute of limitations clock expires, then the government will more often than not be barred from charging you with that crime in the future.

This may sound fairly straightforward, but keep in mind that Illinois does not have a statute of limitations that applies to every crime. Moreover, there are circumstances under which a statute of limitations clock can be tolled (i.e. suspended) for a time, and in some cases it can be very hard to tell when the period of limitation begins.

Therefore, it is essential to learn about Illinois’ key criminal statutes of limitations. If you suspect that the applicable statute of limitations has expired for a crime that you committed in the past, consult with a local criminal defense lawyer about your legal options.

As mentioned above, criminal statutes of limitations are full of intricacies and nuances so it is critical that you seek competent legal advice before acting on the belief that a particular statute of limitations has expired.

Key Criminal SOLs in Illinois

Generally speaking, under Illinois law (720 ILCS 5/3-5(b)) there is an 18 month statute of limitations that applies to most misdemeanor offenses and a three year statute of limitations that applies to most felony offenses. However, it is important to note that some serious crimes in Illinois are not subject to a statute of limitations and can therefore be prosecuted at any time. These crimes include the following:

  • First- and second-degree murder;
  • Attempted first-degree murder;
  • Criminal solicitation to commit murder;
  • Treason;
  • Forgery;
  • Arson;
  • Involuntary manslaughter;
  • Reckless homicide; and
  • Concealment of homicidal death.

Exceptions

As noted above, the law surrounding Illinois’ statutes of limitations is complicated. One complication is the fact that certain periods of time are routinely excluded (or tolled) from our state’s prescribed criminal SOLs. For example, under section 720 ILCS 5/3-7 an applicable IL criminal statute of limitations is generally tolled while:

  • The accused is not a resident within the state;
  • The accused is currently a public officer and the alleged offense is theft of public funds;
  • Separate prosecution is pending against the accused for the same conduct;
  • A material witness for the prosecution is on active military leave or duty;
  • Sexual assault evidence is being collected; or
  • Sexual assault evidence is being analyzed by the Department of State Police.

Reach Out to Us for Help Today

Illinois’ criminal statutes of limitations are complicated, but the experienced Rolling Meadows criminal defense lawyers of The Law Offices of Christopher M. Cosley know them inside and out. One of our firm’s experienced lawyers would be happy to discuss how Illinois’ criminal statutes of limitations may impact any potential charges brought against you during a confidential consultation.  

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K3-5

The Difference Between Burglary and Robbery in Illinois

August 2nd, 2017 at 7:03 am

burglary and robbery, Class 1 felony, Rolling Meadows theft crimes defense attorneys, theft crimes, theft crimes defenseBurglary and robbery are legal terms that are commonly conflated. However, under Illinois law these terms refer to two distinct crimes. In a nutshell, a burglary occurs when a perpetrator enters a structure where he or she is not legally permitted to be with the intent to commit a crime therein, while robbery on the other hand occurs when force, fear, and/or intimidation is used to take property from the person of another. However, it is important to note that burglary and robbery are defined slightly differently in each state.

Illinois’ Definition of Burglary

The Illinois Compiled Statutes, under section 720 ILCS 5/19-1, defines burglary as knowingly entering, or remaining in, a building, watercraft, house trailer, aircraft, railroad car, or motor vehicle without the authority to do so, with the intent to commit a felony or theft therein. However, if the intended felony or theft involves damaging a vehicle, removing part of a vehicle, or tampering with a vehicle then the perpetrator likely has not committed burglary.

Under Illinois law, burglary is generally charged as a Class 2 felony; however, a burglary charge can be elevated to a Class 1 felony if the crime was committed in a day care center/home, school, or place of worship that is not conducted in a private residence.

Illinois’ Definition of Robbery

Under article 18 of the Illinois Compiled Statutes a robbery can be committed in any of the following three ways:

  1. Robbery: Knowingly taking the property (except a motor vehicle) from the person of another through the use of force or by threatening the imminent use of force;
  2. Aggravated Robbery: Committing an act of robbery (defined above) while either (1) indicating to the victim, either verbally or through action, that he/she is armed with a gun or some other dangerous weapon, or (2) delivering a controlled substance to the victim for a purpose that is not medical in nature; or
  3. Armed Robbery: Committing an act of robbery or aggravated robbery (defined above) while (1) in possession of a firearm or some other dangerous weapon, or (2) personally discharging a firearm during the commission of the offense.

Basic robbery is usually charged as a Class 2 felony in Illinois. However, if the victim was 60 years old or older or had a physical disability, or if the robbery was committed in a day care center/home, school, or place of worship then the robbery is elevated to a Class 1 felony. Additionally, aggravated robbery is also charged as a Class 1 felony. Furthermore, armed robbery can be charged as a Class X felony.

Reach Out to Us for Help

Successfully defending against a theft crime like burglary or robbery often takes a great deal of tact and skill as these crimes involve an intent/knowledge component. At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows theft crimes defense attorneys are familiar with the various tactics used by prosecutors trying cases like these and know how to skillfully defend against them. If you have been charged with a theft crime in Illinois contact our Rolling Meadows office without delay so that our team can start building your defense as soon as possible.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

If I’m Convicted of a DUI in Illinois Will I Lose My License?

July 28th, 2017 at 7:35 am

DUI conviction, DUI in Illinois, DUI offenses, lose my license, Rolling Meadows DUI defense lawyersIf you are convicted of driving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

Under Illinois law, a first-time driving under the influence offender is generally eligible to have his or her license placed under supervision for a specified period of time. However, the court also has the option of suspending the violator’s license (generally for at least one year) instead of placing the license under supervision. Further, the Illinois Secretary of State can revoke the driver’s license if they are convicted for violating section 6-205 of the Illinois Compiled Statutes, i.e. driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination thereof, according to the following timetable:

  • First DUI Conviction: Revocation for up to one year.
  • Two DUI Convictions Within 20 Years: Revocation for up to five years.
  • Three DUI Convictions: Revocation for up to 10 years.
  • Four DUI Convictions: Revocation for life.

Additionally, it should be noted that your driving privileges can be impacted in Illinois even if you have not actually been convicted of driving under the influence. Under some circumstances, simply being under suspicion of having committed a DUI is sufficient to have your license suspended. For example, your driver’s license will be immediately suspended if you are pulled over by a police officer who determines that your blood alcohol concentration (BAC) is 0.08 percent or greater and you refuse testing.

Let Us Help You Today

At The Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows DUI defense lawyers are committed to providing exceptional representation to each and every one of our clients. Whether you have been charged with driving under the influence and are in need of an experienced criminal defense lawyer to represent you in court or are seeking legal counsel to help you regain your driving privileges, we would be happy to assist you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-205

Aggravated DUIs in Illinois

July 24th, 2017 at 7:05 am

aggravated DUIs, DUI convictions, DUI defendants, DUI violation, Rolling Meadows aggravated DUI lawyersAll driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

  • This is the offender’s third or more DUI offense;
  • The offender was driving a school bus with at least one passenger aboard;
  • The offender was involved in an accident resulting in great bodily harm, permanent disability, or disfigurement to another (when driving under the influence was the proximate cause of the injury);
  • The offender was previously convicted of reckless homicide while under the influence of alcohol, drugs, or intoxicating compounds;
  • The offender was driving in a 20 mph school zone and was involved in an accident resulting in bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender was involved in a motor vehicle, all-terrain vehicle, snowmobile, or watercraft accident resulting in the death of another (when driving under the influence was the proximate cause of the injury);
  • The offender was driving with a revoked or suspended license;
  • The offender did not possess a driver’s license or permit;
  • The offender knew, or should have known, that the vehicle they were operating was not covered by a liability insurance policy;
  • The offender was in an accident while transporting a child under the age of 16 who sustained bodily harm (when driving under the influence was the proximate cause of the injury);
  • The offender has at least one prior DUI violation and was transporting a child under the age of 16; or
  • The offender was transporting at least one passenger in a vehicle for hire.

Common Defenses

In order to be convicted of aggravated driving under the influence in Illinois the prosecution must be able to prove that you (1) violated IL’s driving under the influence statute and (2) did so while one or more of the aggravating factors outlined above were present. Therefore, depending on the facts of your particular case of your case, you may be able to assert one or more of the following commonly asserted defenses:

  • The arresting officer lacked reasonable suspicion to stop me;
  • The field sobriety test(s) administered in my case were in some way defective or improperly administered;
  • The arresting officer violated my Miranda Rights;
  • My blood alcohol concentration was rising at the time of my arrest and was actually below the legal limit while I was driving; or
  • None of the aggravating factors listed under code section 625 ILCS 5/11-501 were present at the time of my alleged DUI.

Need Legal Advice? Contact a Local DUI Lawyer

Although DUI defendants are not legally required to retain legal representation, hiring a competent driving under the influence attorney to defend your legal rights is highly recommended, especially if you are facing an aggravated DUI. Here at the Law Offices of Christopher M. Cosley, our experienced Rolling Meadows aggravated DUI lawyers, led by former lead prosecutor in the DUI division of the IL state courts Chris Cosley, assist clients charged with driving under the influence throughout Chicago and the surrounding suburbs.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-501.htm

Illinois’ Disorderly Conduct Law

July 19th, 2017 at 12:50 pm

Disorderly Conduct, felony offense, misdemeanor, Rolling Meadows criminal defense attorney, disorderly conduct defenseWhen an individual disturbs the peace in a manner that threatens public safety, it is likely that he or she has committed the crime of disorderly conduct. However, each state defines disorderly conduct a bit differently. Therefore, in order to determine whether a disruptive individual in Illinois can be rightfully convicted of disorderly conduct, one must closely examine our state’s disorderly conduct statute.

Illinois Compiled Statutes Section 26-1: Disorderly Conduct

Under 720 ILCS 5/26-1 a person commits disorderly conduct in Illinois when he or she knowingly:

  • Acts in an unreasonable manner as to alarm or disturb another person and to incite a breach of the peace;
  • Tells, or causes another to tell, the fire department that there is a fire while knowing that it is not reasonable to believe that the fire exists;
  • Reports, or causes another to report, that an explosive device or a container holding a dangerous substance is hidden somewhere where its detonation or release would pose a risk to human life while knowing that it is not reasonable to believe that such a device or container exists;
  • Reports, or causes another to report, a threat of destruction against a school, or a threat of violence, death, or bodily harm aimed at people attending school or a school function;
  • Notifies, or causes another to notify, a police officer that an offense is currently being committed, will be committed, or has been committed while knowing that it is not reasonable to believe that what they are saying is true;
  • Makes a false report, or causes another to make a false report, to a public safety agency while knowing that it is not reasonable to believe that making such a report is necessary for the public welfare and safety;
  • Calls 911 with a false alarm or complaint while knowing that it is not reasonable to make such a call;
  • Transmits, or causes another to transmit, a false report to the Department of Children and Family Services or the Department of Public Health;
  • Issues, or causes another to issue, a false request for emergency medical services or for an ambulance from the police or fire department while knowing that it is not reasonable to believe that such assistance is required;
  • Makes a false report, or causes another to make a false report, under Article II of Public Act 83-1432;
  • Enters the property of another for a lewd or unlawful purpose and deliberately looks into a dwelling through a window or other opening; or
  • While acting as the employee of a collection agency, makes a phone call to an alleged debtor with the purpose of harassing, annoying, or intimidating them.

Penalties

In Illinois, disorderly conduct can be charged as either a misdemeanor or a felony offense. Those convicted of misdemeanor disorderly conduct can face up to 30 days, six months, or one year in jail (depending on whether the offense was charged as a Class C, Class B, or Class A misdemeanor) and a fine of up to $2,500. However, those convicted of felony disorderly conduct can be sentenced to serve up to three or five years in prison (depending on whether the offense was charged as a Class 4 or Class 3 felony) and ordered to pay a fine of up to $10,000. Additionally, violators may also be ordered to perform community service.

Contact a Rolling Meadows Disorderly Conduct Defense Lawyer Today

A disorderly conduct conviction can carry serious consequences in Illinois and should not be taken lightly. If you have been charged with disorderly conduct and would like to discuss your legal options with an experienced Rolling Meadows criminal defense attorney, contact the Law Offices of Christopher M. Cosley today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26-1

The Three Types of Protective Orders Available in Illinois

July 17th, 2017 at 12:13 pm

protective orders, Rolling Meadows criminal defense lawyer, Illinois criminal defense, Illinois protective order, protective order violationIn Illinois, there are three different types of protective orders (also referred to as restraining orders); emergency protective orders, interim protective orders, and plenary protective orders. If a protective order has been filed against you it is important that you understand which type of order you are facing so that you can take the necessary steps to protect your legal rights. Read on to learn about the three types of protective orders available in Illinois and then contact a local order of protection criminal defense lawyer to discuss your legal options.

Emergency Protective Orders

An emergency protective order offers short-term protection to the accuser and can be issued solely based on his or her testimony. Furthermore, under some circumstances an emergency protective order can be issued ex parte, i.e. against you without prior notice. Emergency protective orders are temporary in nature and are designed to be in effect until a full hearing for a more long-term protective order can be held (this usually takes place within 14-21 days).

Interim Protective Orders

In some cases it takes awhile before a full restraining order hearing can be held. When this happens, the court may issue an interim protective order to be in effect from the date on which the accuser’s emergency protective order expires until the full court hearing takes place. Interim protective orders can be in effect for up to 30 days. However, an interim protective order can only be issued against you in Illinois if you have had a chance to make an initial appearance in court and have been properly notified of the date on which your full restraining order hearing will take place.

Plenary Protective Orders

Plenary protective orders are unique because unlike the other types of protective orders that are available in Illinois plenary orders offer long-term protection. Plenary protective orders may last up to two years and, under 750 ILCS 60/220(e), may be renewed an unlimited number of times. However, a court will not issue a plenary protective order until after holding a hearing in which both the accuser and the accused have had a chance to present their cases.

A Protective Order Has Been Filed Against Me, What Should I Do Now?

The circumstances surrounding each protective order are different, so the best thing that you can do is consult with a local criminal defense attorney about the specifics of your case. However, it is generally also advisable to avoid all contact with your accuser (this includes calling or texting them!), attend every hearing that has been scheduled, and fully comply with every provision of the order against you.

Reach Out to Us for Assistance

If you need help opposing an Illinois protective order, or defending yourself against an alleged protective order violation, the experienced Rolling Meadows criminal defense lawyers of The Law Offices of Christopher M. Cosley are here to help. Our firm is located in Rolling Meadows but we are dedicated to defending adults and juveniles throughout the greater Chicago area.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000600K220

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