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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

The Ramifications of Illinois Minor in Possession Charges

July 12th, 2017 at 7:00 am

Class A misdemeanor, juvenile crimes, minor in possession, Rolling Meadows juvenile crimes attorney, underage drinkingFor good or ill, underage drinking is a rite of passage for many young people, though it often leads to legal trouble for those involved.  While such issues are commonly seen as youthful peccadilloes, in reality an underage drinking issue can affect a young adult’s future in a significant manner.

If a parent or authority figure becomes aware of minor in possession charges entered against a son, daughter or ward, it is incumbent upon both them and the young adult to become aware of the potential consequences if convicted of such a charge.

Restrictions & Exceptions

Illinois has very strict regulations regarding minors caught with alcohol. Generally, if one is under the age of 21, it is illegal to either possess or consume alcohol. If they are observed doing so in public or in ‘a place open to the public,’ they may be charged with a Class A misdemeanor.

A Class A misdemeanor is the most serious class of non-felony offense, and under Illinois law it is punishable by a fine of up to $2,500 and up to one year in jail (not prison—the distinction is fine but important to observe).  

The law does state that a minor may legally consume alcohol at home—thus, not in a public place —without repercussions if they have the approval and direct supervision of a parent (or anyone standing in those proverbial shoes).  Other exceptions do also exist under the relevant statute; however, they are few in number and quite rare to encounter or experience.

One, for example, is that minors may possess or consume alcohol as part of religious ceremonies. While this is a clear-cut exception, it is one that applies to a significant minority of young people caught indulging in alcohol. Most of the time, the absolutist logic of the statute itself will apply—if a minor is caught consuming or possessing alcohol in public, then he or she will almost always be charged with that Class A misdemeanor.

Alternatives to Jail Time

While the majority of defendants in minor possession cases will be charged with a Class A misdemeanor, it does not mean that the majority will be convicted of such an offense. Judges also have considerable leeway to impose alternative sentences or add extra requirements that a convicted minor must fulfill. It is, however, required that the defendant be informed of the possible maximum sentence so as to ensure that any guilty plea is voluntary—if the defendant was not specifically informed and still pled guilty, receiving a sentence of jail time, it would open up the possibility of appeal based on lack of understanding of the potential consequences.

In terms of alternative sentences or additional penalties imposed, the most common choices are community service (as opposed to jail time) and court supervision or probation. Supervision in particular tends to be favored for first-time offenders, as successful completion of the supervision period without any further legal trouble leads to a dismissal of the charges and no permanent indication on the defendant’s criminal record.

Consult a Knowledgeable Juvenile Crimes Attorney

Very often, episodes of underage drinking are met with nostalgia or minimizing by friends and family. However, the law does not share such an indulgent view. The passionate Rolling Meadows juvenile crimes attorney at The Law Offices of Christopher M. Cosley will fight for you and do our best to achieve a fair outcome. Contact our offices today to set up an initial appointment.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

FAQs About Shoplifting in Illinois

July 10th, 2017 at 8:48 am

Rolling Meadows shoplifting defense lawyer, shoplifting, retail theft, felony offense, shoplifting chargeShoplifting (also know as retail theft) is the willful theft of goods from a retail establishment while posing as a customer. Shoplifting is a crime that occurs frequently in Illinois and throughout the United States. In fact, the National Association for Shoplifting Prevention (NASP) reports that more than 10 million people have been caught shoplifting in the United States over the last five years.

Despite the prevalence of shoplifting, this crime is not frequently reported on and is often misunderstood. Consider the following frequently asked questions about shoplifting and Illinois’ shoplifting laws.

Q: What is the profile of a typical shoplifter?

A: According to the NSAP, there is not really a “typical shoplifter.” Men and women appear to steal from stores at comparable rates. However, approximately 75 percent of shoplifters are adults while only 25 percent are children.

Q: What constitutes shoplifting in Illinois?

A: In Illinois, shoplifting or retail theft can be committed in a variety of different ways. For example, under 720 ILCS 5/16-25 a person commits retail theft in Illinois when he or she knowingly:

  • Takes merchandise from a retailer without paying for it;
  • Alters the price tag or label on merchandise in order to buy the item at a reduced price;
  • Swaps the packaging of one item with the packaging of a cheaper item in order to pay the lower price;
  • Rings up an item for a lower price than its retail value (when allowed to ring up their own items at checkout);
  • Lies by saying that an item belongs to them when it in fact belongs the store that they are stealing it from;
  • Removes an anti-theft device in order to steal merchandise without paying for it;
  • Steals a shopping cart; or
  • Takes possession of leased property with the intent of permanently depriving the owner of that property.

Q: Is retail theft a misdemeanor or a felony offense in Illinois?

A: Retail theft can be charged as either a misdemeanor or a felony offense in Illinois depending on the value of the merchandise that was shoplifted. Under state law (720 ILCS 5/16-1), anyone who steals something that has a full retail value of more than $500 can be charged with a felony. However, someone who has a record of committing theft-related offenses can be charged with felony retail theft in Illinois in some circumstances even he or she was caught shoplifting less than $500 worth of merchandise.

Q: How can I defend against a shoplifting charge?

A: Each shoplifting case is unique, but some commonly asserted defenses in Illinois include:

  • Insufficient Evidence: The prosecution failed to provide sufficient evidence to prove their case.
  • Wrong Person: This is a case of mistaken identity, the defendant is not the person who stole the merchandise.
  • Lack of Intent: The defendant did not knowingly take the merchandise.
  • The Retail Value Does Not Support the Charge: The retail value of the allegedly stolen merchandise is not high enough to support the crime that the defendant has been charged with.

Contact Us for Professional Help

Have you been charged with retail theft in Illinois? If so, The Law Offices of Christopher M. Cosley can help. Our team of experienced Rolling Meadows retail theft and shoplifting defense attorneys offers zealous representation for both juveniles and adults accused of shoplifting throughout the greater Chicago area. To discuss your legal options, contact our office today.

Source:

http://www.shopliftingprevention.org/what-we-do/learning-resource-center/statistics/

Revoked vs. Suspended Driver’s License: The Difference in Illinois

July 5th, 2017 at 9:09 am

driver’s license reinstatement, driving privileges, suspended driver's license, suspended or revoked license, revoked driver’s licenseSection 6-303 of the Illinois Code makes it illegal to drive a motor vehicle if your driver’s license is revoked or suspended. But what is the difference between a revoked license and a suspended license?

An article from The Balance summarizes the key difference well by noting that “a suspended license is bad and a revoked license is very bad—a suspended license is a temporary hardship, but a revoked license is permanent.” Consider the following additional differences that differentiate a revoked driver’s license from a suspended driver’s license in Illinois.

Key Differences

The main difference between a revoked driver’s license and a suspended license is that suspensions have an end date while revocations mean an indefinite loss of your driving privileges. This is because a suspended driver’s license can be reinstated after you have attended a reinstatement hearing with a Secretary of State hearing officer and have complied with all post-hearing requirements.

A revoked driver’s license, on the other hand, can never be reinstated. However, this does not mean necessarily mean that you will never be allowed to drive again. If your Illinois driver’s license has been revoked, then you are allowed to apply for a new driver’s license after the specified period of revocation has passed (unless a lifetime revocation has been placed on your driving privileges).

Other important differences between a revoked and a suspended driver’s license include:

  • Why the DMV Limited Your Driving Privileges: The Illinois Department of Motor Vehicles (DMV) suspends driver’s licenses for a wide variety of reasons (for example, traffic violations, failure to appear in court, parking violations, driving under the influence (DUI), failure to pay child support, etc.). However, the DMV only revokes a driver’s license for serious violations (for example, committing a criminal DUI, stealing a vehicle, leaving the scene of an accident, being convicted of drag racing, etc.).
  • Applicable Fees: The fee charged to reinstate a suspended Illinois driver’s license is usually substantially lower than the fee charged in connection with revoked licenses. How much the reinstatement fee for a suspended license is varies depending on the reason for the suspension but is often $70 (although it can be as much as $500), while the fee for a revoked license is usually $500.

Unsure if Your Driver’s License is Revoked or Suspended?

If you are unsure if your Illinois driver’s license is revoked or suspended, feel free to check the status of your license by visiting the DMV’s website. Even if your driver’s license is valid it is a good idea to periodically check your driving record just to make sure that everything is in order.

Reach Out to Us Today for Help

Losing your driving privileges can greatly impact your life. Day-to-day tasks like getting to work, picking your kids up from school, and even going to the grocery store are suddenly much more challenging. However, do not lose hope. There may be a way to get you back on the road sooner than expected. For example, you may be able to obtain a restricted driving permit if you agree to use a breath-alcohol ignition interlock device.

At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows driver’s license reinstatement lawyers have a high success rate when fighting to obtain restricted driving permits and full reinstatement of driver’s licenses on behalf of our clients. Let us fight for you.

Sources:

http://www.ilgagov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.thebalance.com/suspended-vs-revoked-license-527274

Petty Traffic Offenses & Misdemeanors

July 3rd, 2017 at 7:00 am

petty traffic offenses, Rolling Meadows traffic violations defense lawyer, moving violations, Class C misdemeanor, suspended licenseIt is not uncommon for people to treat moving violations as inconsequential or somehow beneath notice, therefore paying the requested fine quickly and proceeding on their merry way. However, many will then receive a rude awakening as their driving privileges are affected, especially if they have a history of multiple speeding tickets or other moving violations. Therefore, it is important for Illinois drivers to be aware of the potentially punitive consequences that may result if too many tickets or citations are incurred.

Classification Differences

The significant majority of traffic offenses are characterized as either petty or as misdemeanors under Illinois law. Petty offenses are punishable with merely a fine, usually no more than $1,000, though there are always exceptions depending on the egregious nature of the conduct. Examples include driving without auto insurance and failing to wear a seat belt while driving or riding in an automobile. While a petty offense is still something to take seriously, it is the lightest type of offense that can appear on one’s record, and is the classification for which it is most likely to receive supervision or probation as a sentence instead of a particularly heavy fine.

Misdemeanors, comparatively, are more serious and may carry jail time as part or all of the sentence handed down at conviction—there are three classes of misdemeanor, A through C, with A being the most severe.

An example of a Class C misdemeanor would be drag racing, while a Class A misdemeanor would be driving without a license or on a suspended license. Class A misdemeanors are held to be more likely to injure participants or bystanders, as well as to possess an exaggerated degree of recklessness or negligence compared to petty offenses.

Misdemeanor traffic offenses may sometimes receive a sentence of court supervision, but it is decidedly less common than with those convicted of petty offenses.

Minor Offenses Can Add Up

While the relative consequences for petty and misdemeanor traffic offenses are much less significant than those associated with felonies, this does not mean that minor traffic offenses may simply be ignored, or paid and forgotten. For example, if an Illinois driver accrues three moving violations (whether petty or misdemeanor offenses) in one 12-month span, it results in an automatic, mandatory license suspension. That suspension will expire on a specific calendar date, but only if the driver’s record has been clean for that period of time.

It is also possible to receive a license suspension over failure to pay fines associated with petty offenses and misdemeanors of any class. If a driver fails to pay the costs associated with five or more automatic traffic violations, then his or her license will be automatically suspended in much the same manner as it would be with multiple moving violations on one’s record. The driver will not be able to reinstate his or her license without presenting proof that any remaining fines or penalties have been paid, and any attempt to drive without reinstating his or her license may result in a re-suspension (as driving on a suspended license is in itself a suspendable offense).

Consult a Knowledgeable Illinois Criminal Defense Attorney

Because traffic offenses are seen as such relatively inconsequential affairs, it can be a momentous shock when your license is suspended over the amount of these minor offenses. Consulting an attorney with experience in such matters can greatly ease one’s mind, or at least articulate exactly what one faces in the near future.

The dedicated Rolling Meadows traffic violations defense lawyer at The Law Offices of Christopher M. Cosley is well versed in this specific area of law, and is happy to try and assist you with your case. Contact the office today to set up an initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K12-603.1.htm

City Admits Wrongdoing When Trying to Fix Previous Error on Red Light Tickets

June 26th, 2017 at 7:00 am

red light tickets, Rolling Meadows traffic ticket lawyer, speeding tickets, traffic offenses, traffic violationsThe city of Chicago had inaccuracies on 1.9 million red light and speed-camera tickets. In an attempt to correct this mistake, it appears that Mayor Rahm Emanuel may have exacerbated the issue.

City Hall sent mail to recipients of the red light and speed camera tickets. The letters received attempted to offer another chance to appeal the tickets in court. The measure is widely identified as an effort to ward off a class-action lawsuit, pleading that the city failed to provide ticket holders enough time or notice to challenge their tickets.

One Cook County resident received five red light camera tickets for which she could only make out two of the videos. She was quoted as saying, “It’s alarming that they would do something like this.”

An official spokesman, Michael Claffey, indicated that the process to correct the fault in the system denying people adequate notice to contest their tickets would take considerable time to rectify.

Cook County offered no explanation for the issue, but opined that the malfunction might have been a result of the high traffic on the city’s website. The offer from the city to allow ticket holders another opportunity to appeal their tickets comes after a Cook County Circuit Judge denied a motion from the city to dismiss a class-action suit alleging the city violated due process by failing to provide adequate notice.

A Chicago attorney stated, “the Emanuel administration’s effort to force people to relitigate the city’s illegal behavior is a sham.” That same attorney explained that out of the 37 cases related to these red light cameras, 18 had no photographs or videos.

Need to Contest a Red Light Camera Ticket?

If you or a loved one has received a ticket in the mail from a red light camera or speed camera, you may have an opportunity to fight it. Rolling Meadows traffic ticket lawyer Christopher M. Cosley is an experienced and proven defense lawyer who represents his clients in a litany of issues relating to traffic violations.

Do not blindly accept that you have no options when you receive a ticket. Call The Law Offices of Christopher M. Cosley at 847-394-3200 to schedule your initial consultation. Or, visit our website www.cosleycriminaldefense.com. Our 24-hour answering service is designed to get you the advice you need when you need it.

Source:

http://www.chicagotribune.com/news/watchdog/redlight/ct-red-light-camera-notices-0108-20170106-story.html

Criminal Cases: Who Needs Science for Scientific Evidence?

June 21st, 2017 at 12:18 pm

criminal cases, criminal trials, forensic testing, Rolling Meadows criminal defense lawyer, scientific evidenceAttorney General Jeff Sessions recently announced that the National Commission on Forensic Science is to be dissolved. The National Commission on Forensic Science is a non-political commission whose mandate is to oversee and advance the reliability and preciseness of scientific evidence used in criminal cases.

The commission is made up of a mixed group of people who are trained to monitor and audit the uses of scientific evidence. Various agencies including federal, state, and local forensic service providers work together to strengthen the reliability of forensic science as a whole and particularly how it is used in criminal cases.

Forensic evidence explains a type of evidence that can come in many forms. Forensic evidence can be:

  • Dental records;
  • Fingerprints;
  • Genetic material;
  • Trace chemicals;
  • Shoe imprints;
  • Bodily fluids; or
  • Skin cells.

Forensic evidence can be defined as evidence that was gained through scientific methodology like ballistics testing, blood analysis, or DNA testing. It is evidence used to link crimes together or to build a narrative about what the prosecution thinks happened in a particular case.

The Attorney General is poised to lay the responsibility of forensic testing squarely on the shoulders of the police and prosecutors office. However, unbridled scientific evidence that is used at criminal trials by prosecutors is extremely problematic in that it can lead directly to the conviction of innocent people.

When the authenticity of scientific results is maintained by the side of the criminal justice system that seeks to use it, the potential for misuse or corruption is ever present.

In 2015, the United States Department of Justice, in conjunction with the FBI, found that nearly every examiner in the FBI’s microscopic hair unit “gave misleading, exaggerated, or otherwise flawed testimony in criminal cases between 1972 and 1999.” Hence, the criminal justice system has been speculating results, not providing reliable results, with regard to evidence used to send people to jail.

Do Not Fear Forensic Evidence

Many criminal trials turn on forensic evidence. It is evidence prosecutors rely on, evidence juries like to hear, and evidence intended to be inherently reliable. If you are the defendant in a criminal trial and the state has forensic evidence they intend to use against you, a skilled and experienced Rolling Meadows criminal defense lawyer can defend your rights and challenge the evidence against you. Contact our Rolling meadows office at 847-394-3200 to schedule your initial consultation. The Law Offices of Christopher M. Cosley is prepared 24 hours a day to serve our clients in need of criminal defense.

Sources:

http://www.newsweek.com/sessionss-assault-forensic-science-will-lead-more-unsafe-convictions-585762

https://www.justice.gov/archives/ncfs

My Teen Has Been Arrested. Now What?

June 19th, 2017 at 2:37 pm

juvenile crimes, Rolling Meadows criminal defense attorney, teen has been arrested, juvenile criminal case, criminal convictionRaising children can be one of the most rewarding yet challenging parts of adult life. Our children go out into the world as extensions of ourselves, and as parents we constantly worry about their safety and how we can keep them out of trouble. We even attempt to plan ahead for any potential issues that may arise—we teach our children the difference between right and wrong and instill moral values. Still, bad decisions are made.

Decisions can Become Criminal in a Split Second

It only takes a moment for an otherwise thoughtful and law abiding teen to make a decision that can change the rest of his or her life. According to federal records in 2010, 1.6 million juveniles were arrested. Recent governmental research suggests that nearly 30.2 percent of American citizens will be arrested by the time they are 23 years of age.

The most common types of juvenile criminal cases involve the following:

These crimes do not make our teens bad people. However, they may land our loved ones in trouble with the law—loved ones who may have been in the wrong place at the wrong time. Children may succumb to peer pressure without understanding the dire consequences that they are risking with their future. One bad decision does not have to, nor should it, relegate our youth to an entire life of crime.

Police Interaction With Our Children

For many parents who are trying to protect the interests of their children once they have been arrested, the most shocking development is that there are little national procedural standards for how police officers interact with minors once they have been arrested.

Police officers are required to notify a minor’s parents in a reasonable time after he or she has been arrested. Moreover, police are required to inform a minor’s parents of the nature of the charge as well as the next proposed steps that law enforcement will take in the case.

In the majority of instances, police will allow a parent to be present during an official interrogation. However, federally, there is no guarantee that protects a parent’s right to be present during a federal investigation inquiry.

Despite not having a constitutionally protected right to be present at your minor child’s interrogation, your minor does have a right to have a lawyer present during questioning. Additionally, at any time during the investigation, if your child asks for a lawyer, then the interview must end.

The most important step you can take to help your minor child who has been arrested to enlist the help of a talented Illinois criminal defense lawyer.

Erect Your Defense Immediately

Criminal investigations are fraught with peril. The government has extensive resources and the advantage of knowing their intentions. A criminal conviction for a juvenile can have disastrous effects on his or her future. It may affect the juvenile’s ability to gain employment, take advantage of certain governmental programs, or be able to secure a professional license. Contact our skilled and relentless Rolling Meadows juvenile criminal defense attorney at The Law Offices of Christopher M. Cosley. Call 847-394-3200.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=50&ActID=1863

Illinois Mayor Opposes Consent Decree

June 14th, 2017 at 7:00 am

consent decree, police reform, Rahm Emanuel, Rolling Meadows criminal defense attorney, criminal allegationsWhen recently asked about an independent federal monitor, Chicago Mayor Rahm Emanuel explained that “it is exactly the right way,” in regards to proposed oversight for the Chicago Police Department.

Negotiations between the Mayor and the Justice Department are focused on a memorandum of agreement. This would incorporate the structure for approving reforms that federal authorities have advocated for in the wake of several controversies which have rocked the Chicago Police Department in recent years.

Justice Department approval would still be required for the oversight measures to go into effect. The measures would include explicit oversight by an appointed independent monitor to oversee the proposed reforms. The Mayor’s administration believes that this is an important step further. However, some reform advocates are not satisfied.

Why Reform Advocates Want a Consent Decree

Police reform advocates had counted on a federal consent decree that authorizes the court to enforce the new policies instead of just monitoring them. The mayor defended his administration’s argument alleging that the road to reform is not as important as the reform itself.

Critics say that in the wake of the searing report released by the Justice Department roughly four months ago, more needs to be done than simply monitoring a problem that the community already knows exists. The Chicago Police Department has been saddled with controversies over their use of force policies.

The former head of the Civil Rights Division has argued that Chicago has seen a pattern of recommendations without teeth and that a consent decree would be a more potent tool to hold the police accountable to the suggested reforms.

The Justice Department and Consent Decrees

For a consent decree to take effect, the Justice Department must sign off on it. Initially, in the wake of the Justice Department report, Mayor Emanuel supported a consent decree. However, after the appointment of the current Attorney General, Jeff Sessions, it is unlikely that an agreement for a consent decree would be worked out with the city.

Police Investigations

Being investigated for a crime is a harrowing experience. One that is fraught with legal peril and can have serious detrimental consequences on your life. It is unwise to face these allegations on your own. Our experienced and dauntless Rolling Meadows criminal defense attorney will defend your rights at every stage of your investigation or subsequent case. Contact our Cook County office at 847-394-3200 to schedule your initial consultation.

Sources:

http://chicago.suntimes.com/news/independent-monitor-included-in-cpd-reform-agreement-sent-to-doj/amp/

https://www.wbez.org/shows/wbez-news/mayor-defends-cpd-monitor-over-consent-decree/2b92530c-0bb0-4c95-acb7-4cade9cc9d3a

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