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Archive for the ‘Criminal defense’ Category

Illinois to Ban “Gay Panic Defense” in Criminal Cases

January 3rd, 2018 at 7:11 pm

gay panic defense, homicide cases, homosexual orientation, Illinois crime, Rolling Meadows criminal defense lawyerWith the new year’s arrival, a slew of new laws are poised to take effect in Illinois and a few old ones are about to be repealed. Fox News reports that one old law that will be removed from the Illinois Compiled Statutes in 2018 is the so called “gay panic defense.”

What Was the Gay Panic Defense?

A gay panic defense is a legal defense that is available in homicide cases (or occasionally in other violent cases) that a defendant can use to justify violent acts against a homosexual victim if his or her violence was provoked by unexpectedly learning of the victim’s sexual orientation.

According to a report issued by the American Bar Association in 2013, gay and trans panic defenses were implemented by states across the U.S. years ago back when widespread public aversion to LGBT individuals was the norm and a victim’s sexual orientation was seen as justification for a defendant’s violent reaction towards them.

The Associated Press notes that gay panic defenses were usually passed in order to provide a legal defense for an individual who unknowingly engaged in a flirtation with a gay individual and then, upon discovering their homosexuality, violently attacked the gay individual in a sort of passionate involuntary response.

The American Bar Association’s report also notes that gay panic defenses have been used over the decades to mitigate murder charges down to the lesser charges of manslaughter or justifiable homicide in the following three different ways:

  1. Insanity or Diminished Capacity: Via the gay panic defense defendants have claimed temporary insanity or diminished capacity by arguing that learning of the victim’s sexual orientation triggered a nervous breakdown in the defendant. In the past this type of reaction was known as a “homosexual panic disorder” but the American Psychiatric Association discredited this order back in 1973.
  1. Sufficient Provocation: The gay panic defense has also been used to bolster defense of provocation arguments put forth by murder defendants. In essence these defendants argued that, although completely non-violent, the victim’s sexual advance was sufficient provocation to induce the defendant to kill.
  1. Self-Defense: Murder defendants have also argued that, due to their victim’s homosexual orientation, they reasonably believed that the victim was about to cause them serious bodily harm.

Contact Us Today for Help

If you have been charged with a crime in Illinois, it is critical that you consult with a skilled Rolling Meadows criminal defense lawyer about your legal options without delay. At The Law Offices of Christopher M. Cosley, we represent both adult and juvenile criminal defendants accused of committing a wide variety of crimes across Illinois including; driving under the influence (DUI), shoplifting, burglary, domestic battery, drug possession and dealing, disorderly conduct, and criminal trespass, just to name a few. To find out what our firm can do for you, schedule a confidential initial consultation at our Rolling Meadows office today.

Sources:

http://www.foxnews.com/us/2017/12/28/activists-to-copy-illinois-gay-panic-defense-ban-elsewhere.html

http://lgbtbar.org/wp-content/uploads/sites/6/2014/02/Gay-and-Trans-Panic-Defenses-Resolution.pdf

https://apnews.com/9dc24f2031c8465081d790152f6efbd8/Activists-to-copy-Illinois-‘gay-panic-defense’-ban-elsewhere

What Happens When a Foreigner is Convicted of a Criminal Offense in the U.S.?

December 26th, 2017 at 3:46 pm

aggravated felony, crimes of moral turpitude, criminal offense, deportation, Rolling Meadows criminal defense lawyerWhen a foreign national is convicted of a criminal offense in the United States, he or she runs the risk of being deported, regardless of whether or not the individual was legally present in the U.S. when the crime was committed. In other words, if you are not an American citizen and you have been accused of committing a crime in the United States, be aware that if you are ultimately convicted you may be deported. However, not all criminal convictions can render a foreign national eligible for deportation.

Crimes for Which Non-U.S. Citizens May be Deported

The U.S. Citizenship and Immigration Services’ website notes that aliens who are convicted of one of the following criminal offenses in the United States are eligible for deportation:

  • Crimes of Moral Turpitude: Any foreign national who is convicted of a crime involving “moral turpitude” (i.e. most crimes involving dishonesty or theft), for which a sentence of at least one year may be imposed, within five years of being admitted into the United States (or within 10 years in some cases) is deportable.
  • Multiple Criminal Convictions: Any foreign national who is convicted of two or more crimes (arising out of separate schemes) that involve moral turpitude after being admitted into the United States is deportable.  
  • Aggravated Felony: Any foreign national who is convicted of an aggravated felony after being admitted into the United States is deportable.
  • High Speed Flight: Any foreign national who is convicted of engaging in high speed flight from an immigration checkpoint is deportable.
  • Failure to Register as a Sex Offender: Any foreign national who is required by law to register as a sex offender and fails to do so is deportable.
  • Controlled Substances: Any foreign national who, after having been admitted into the United States, is convicted of committing or attempting to commit a controlled substance crime (other than a single offense involving possession of 30 grams or less of marijuana) is deportable.
  • Certain Firearm Offenses: Any foreign national convicted of certain firearm offenses after being admitted into the United States is deportable.
  • Crimes of Domestic Violence: Any foreign national who is convicted of domestic violence, child abuse, or stalking after being admitted into the United States is deportable.
  • Trafficking: Any foreign national who commits (or conspires to commit) human trafficking, or benefits from human trafficking, after being admitted into the United States is deportable.

*** Please note that the list of crimes outlined above is NOT exhaustive and that there are additional crimes for which a foreign national can be deported. ***

Consult With a Local Criminal Defense Attorney Today!

If you are a foreign national who has been accused of committing a crime in the United States, it is critical that you consult with a dedicated Rolling Meadows criminal defense lawyer straight away. Be sure to immediately tell the attorney of your immigration status so that he or she can properly advise you about your legal options and suggest an appropriate course of action. If the crime that you are accused of committing allegedly took place in Illinois, feel free to contact the Law Offices of Christopher M. Cosley for help.

Source:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

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

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

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

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

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

Illinois Innocence Project

June 7th, 2017 at 7:00 am

Illinois Innocence Project, Rolling Meadows, exoneree, criminal justice system, criminal charges, Illinois crimeYou were innocent. You knew it all along and now you have your freedom. But what happens next?

There is a group operating out of Springfield, Illinois called the Illinois Innocence Project. They have been working since early 2001 to overturn wrongful criminal convictions in Illinois. At the start, their primary focus was exonerating inmates through legal avenues, and the group has had much success.

The most recent example of their success was the release of one man, Charles Palmer, who was set free the day before thanksgiving in 2016, after he had been forced to spend 18 years of his life behind bars for a crime he did not commit.

A surprising yet inevitable new issue to address arose when the Illinois Innocence Project noticed that many times the people who were exonerated lacked educational, emotional, or familial support once they were released. 

Governor Bruce Rauner has advocated for a 25 percent reduction in the Illinois prison population within the next 10 years. The time frame in which the inmates reenter society is important because they have an opportunity to prepare themselves for release, get their affairs in order, and otherwise have a more temperate and gradual reintroduction to society.

Not every inmate released has that opportunity. Take for example, Charles Palmer, who had roughly two weeks’ notice that there was a possibility for his release, and did not find out until the day before his release that his freedom was probable. This presents a massive challenge to an exoneree who otherwise had no reason to anticipate his or her release. According to John Hanlon, the executive and legal director for IIP, “the average exoneree does not have any money, a job, or even any place to go. It’s a tremendous challenge.”

What to Do If You Are Charged with a Crime You Did Not Commit

If you are arrested or charged with a crime, then the very first step you should take is to contact a lawyer. Your lawyer will offer you advice on questions you should or should not answer. Immediately contacting a lawyer also gives your attorney time to note any important details surrounding your case—information which may help give you the best opportunity to fight the crimes for which you have been charged. 

The criminal justice system is a massive machine with numerous moving parts all moving against you. This is not the time to try and stand on your own two feet. You need an experienced and fearless Rolling Meadows criminal defense attorney to stand up with you and defend your rights. If you or a loved one has been charged with a crime, contact The Law Offices of Christopher M. Cosley at 847-394-3200. 

Source:

http://illinoistimes.com/article-18578-you%25E2%2580%2599re-a-free-man_-now-what.html

When Police Confiscate Property

June 5th, 2017 at 7:15 am

police confiscate property, Rolling Meadows, criminal law, seize property, civil forfeiture, private propertyIllinois lawmakers unanimously passed a measure making it more arduous for law enforcement to confiscate property from innocent owners. The bill passed in the Senate and will now head to the house.

The plan would shift the burden of proof to authorities in circumstances where they seize an individual’s property under a criminal investigation. As it stands, Illinois law allows for the confiscation of an individual’s property even in cases where no formal charges are levied against the owner.

There is a strong financial incentive for law enforcement agencies to seize property. Once the property has been taken, then the agency who took possession of the property, in many cases, reaps the rewards of the proceeds from the civil asset forfeiture. In addition to not having a constitutionally guaranteed right to counsel once a person has had his or her property seized, it can be costly to challenge and often leaves people with no mechanism to get their property back.

What is Civil Forfeiture?

Civil forfeiture refers to the legal process in which law enforcement seizes assets from a person suspected of involvement with criminal activity. The controversial nature of this policy has its genesis in the fact that formal criminal charges do not have to be filed to seize property. Every year in Illinois, authorities snatch tens of millions of dollars in cash, cars, and land from Illinois state citizens. As of 2005, Illinois law enforcement has seized over $319 million from Illinois residents in concert with federal authorities who have seized over $404 million over the same period.

Forfeiture laws can be traced back to admiralty law. Historically, authorities were allowed to seize contraband from ships engaging in criminal activity. The Crime Control Act of 1984 broadened civil forfeiture at the federal level.  

Proposed Changes

The new bill passed by the Illinois Senate would place a stricter burden on law enforcement officials attempting to seize private citizens property. The bill would require that officials prove that the individual consented to his or her assets being used for criminal activity, reversing the current law requiring the citizen to prove that he or she was not involved. The new law would also create a streamlined process for innocent parties who have had their property seized to take possession of their property.

Rolling Meadows Criminal Defense

Being charged with a crime is a serious ordeal, even in cases where no civil forfeiture has occurred. It is essential to enlist the help of a dedicated and knowledgeable Rolling Meadows criminal defense attorney. The Law Offices of Christopher M. Cosley provides clients with thorough and detailed criminal defense for matters including traffic offenses, DUI defense, and a litany of other criminal cases. Contact our Rolling Meadows office at 847-394-3200 to schedule your initial consultation.

Source:

https://www.illinoispolicy.org/reports/asset-forfeiture-in-illinois/

When is Trespassing a Crime?

May 15th, 2017 at 9:04 am

trespassing, Rolling Meadows Criminal Defense LawyerAs a youth , sneaking into a movie theater or a pool after hours may seem like good fun; however, making a choice such as this can turn into a criminal trespassing arrest or conviction.

Illinois law sets out what kind of activity is considered criminally liable trespassing. Those elements include but are not limited to the following:

  • A person knowingly, without lawful authority, enters or remains within or on a building;
  • A person enters land owned by another, and the owner gave notice that entry was forbidden;
  • A person remains upon the land of another after receiving notice that entry was forbidden;
  • A person falsely gains access to premises for which general public entry is forbidden; and
  • A person intentionally removes notice that entry is forbidden.

What Are the Penalties for Criminal Trespassing?

This is a question for your Rolling Meadows, Cook County criminal trespassing defense attorney. The penalties will vary depending on the circumstances of each crime. Generally, criminal trespassing in Illinois is a misdemeanor. Therefore, a conviction will likely encompass a fine; however, it can also land you in jail for up to a year. There are different categories of criminal trespassing, and include:

  • Criminal trespass to vehicles;
  • Criminal trespass to real property;
  • Criminal trespass to state supported land;
  • Criminal trespass to restricted areas;
  • Criminal trespass to a nuclear facility; and
  • Criminal trespass to a place of public amusement.

Each variation of trespassing can give you a varying penalty, or be used in conjunction with another crime which can also affect the sentence handed down. It is important that you speak with a knowledgeable Rolling Meadows criminal defense attorney about the potential repercussions you may face as well as map out a strategy for your defense.

What Defenses Are Available?

The type of trespassing you are charged with will drive the defenses that you have available to you. For example, a common defense to the trespass of land is arguing that there was not sufficient notice to forbid entrance. It may also be argued that the land you were trespassing on was open to the public and therefore you did not break the law by being present on it. Ignorance of the law or mistake of fact are typically not defenses to trespass.

Been Arrested for Trespassing?

If you or a loved one has been charged with a trespassing crime, then it is crucial that you get the dedicated and insightful representation you deserve. Attorney Christopher M. Cosley has nearly two decades of standing up for his clients rights and providing criminal defense every step of the way for his clients. Contact our skilled Rolling Meadows criminal defense lawyer at 847-394-3200, 24 hours a day, to schedule your consultation. Do not face these charges alone.

Source:

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

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