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Archive for the ‘Criminal defense’ Category

What Does it Mean to be “In Custody”

April 12th, 2018 at 6:10 pm

in custody, miranda rights, Rolling Meadows criminal defense attorney, self-incrimination, custodial interrogationThe Fifth and Sixth Amendments to the United States Constitution give an individual the right to avoid self-incrimination and to consult an attorney. While these rights are in the Constitution, they were not always enforced or followed strictly.

In the Supreme Court case of Miranda v. Arizona, the Court reinforced that an individual has the “right to remain silent” and to consult an attorney. These rights are more commonly known as your “Miranda Rights.”

If the police take you into custody, they must inform you of your rights. There is no question that the rights must be read; however, the idea of a suspect being “in custody” is a vague term. Custody has come to mean being questioned or interrogated by the police after being taken into custody or otherwise deprived of freedom of action in any significant way.

Ultimately, if you believe your rights were violated by police officers in Rolling Meadows, it is in your best interests to contact an attorney for help. To be sure, a legal professional can potentially use this information as a defense in your case and have the charges against you dropped.

Custodial Interrogation

Being in handcuffs could be a sign that you are being taken into custody, but it is not the only situation in which someone can be considered in custody. Since “custody” is so broadly defined and has a lot of gray areas, the court in criminal proceedings is tasked with determining if an individual was in custody or not. Courts will look to the “totality of the circumstances” to determine if an individual was in suspect. This means that the court will examine a wide variety of factors to determine whether the actions of the police amount to the suspect being in custody.

There are different factors that the court will look to when police are interrogating an individual. These include:

  • Line of Questioning: The court will look to the types of questions asked, who was asking the questions, or if there weapons were present that could be deemed as intimidating a suspect to answer the questions.
  • Initiation of the Questioning: The court will look to whether the questioning was voluntary, who started the questioning, and the physical surroundings of the questioning.
  • Circumstances of Questioning: Both the length of questioning and time of day of questioning are examined by the court.

An Attorney Can Help You Today

If you have been charged with a crime and question if your Miranda Warnings were given properly, The Law Offices of Christopher M. Cosley is here to help. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley will investigate each element of the arrest and questioning to make sure your rights were not infringed upon.


Should I Take a Plea Deal?

March 26th, 2018 at 6:47 pm

criminal cases, plea deal, Rolling Meadows criminal defense attorney, criminal case negotiation, pleading guiltyMany people have seen an episode of a legal drama on television. A crime is committed, the suspect is arrested on charges, and then he or she is either found guilty or takes a plea deal.

Television dramas make it seem like these scenarios are very black and white—the accused is either found guilty or takes a plea deal. Plea deals are offered to the accused frequently, but rarely are they discussed in detail.

In reality, taking a plea deal is a huge consideration in a criminal case. A plea deal is a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other side. The defendant agrees to plead guilty or no contest to some crimes, in return for a reduction of the severity of the charge or the dismissal of some of the charges. Or, the prosecutor recommends a reduced sentence that would be given after a trial.

Considerations for a Plea Deal

Being charged with a crime in Illinois is stressful. Do not let that stress cloud your judgment regarding what needs to be considered if a plea deal is offered. First and foremost, you need to contact an attorney. An attorney will be able to guide you through the entire process and help you determine your options in relation to a plea deal. He or she will know if the deal is a desirable one or if you have a better chance going to trial.

Factors that will be taken into consideration regarding a plea deal include the following:

  • Your chances at trial. Every case is unique. You must look at the evidence on both sides of the case to assess the risk of going to trial.
  • Variables at trial. It is impossible to know the end result going into trial. To be sure, many unexpected variables can arise in the trial stage.
  • Consequences of the plea. When you take a plea deal, you are pleading guilty or no contest to a crime. You need to consider the implications of having this on your record versus the chance of not having anything on your record should you succeed at trial.

It is Important to Contact an Attorney Today

Ultimately, there is no clear answer when a plea deal should be taken. It is up to you, the accused, to decide whether you will take it or not. However, having an experienced defense attorney can help. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley will take the time to explain your options and the consequences of those actions. Choose the attorney who will take the time to advocate for you and realizes the risk involved in criminal cases. Contact us today for assistance.


What Does it Mean to Plead “No Contest?”

March 20th, 2018 at 6:29 am

charged with a crime, guilty plea, plead no contest, pleading guilty, Rolling Meadows defense attorneyIf you have been charged with a crime, you must enter a plea to the court. Generally, people think of “guilty” or “not guilty.” However, there are other options, such as “no contest.”

Under Illinois law, a defendant is brought into open court and read the charges against him or her. The defendant then makes a plea pursuant to 725 ILCS 5/113-4, by either pleading guilty, guilty but mentally ill, or not guilty. The statute does not specifically point to the plea of no contest. Because no contest is not stated in the statute, a defendant does not have the right to plead no contest in every criminal case. However, a judge can allow the defendant to make the no contest plea.

What is “No Contest”

No contest comes from the phrase “nolo contendere,” which means “I will not contest.” A no contest plea is very similar to a plea of guilty. In a no contest plea, the defendant does not disagree with the facts of the case, or his or her role in the crime. The defendant is, however, not admitting guilt. When a defendant pleads guilty, he or she is admitting their guilt in the crime. The plea of no contest is essentially the defendant accepting the penalties for the crime, but without admitting guilt.

Consequences of “No Contest”

While it appears that a guilty plea and a no contest plea are the same, there is one substantial difference. A guilty plea will follow a defendant to other cases. A defendant who pleads guilty can have that conviction be used as evidence in future trial, crimes, or proceedings. A no contest plea cannot be used against a defendant in later proceedings.

For example, if an individual caused an injury while driving under the influence of alcohol, a plea of no contest could protect him or her from additional civil proceedings.  If a defendant pleads guilty to the DUI and injuries, the injured party could use that admission of guilt in a civil suit. A plea of no contest would not allow the injured party, or the injured party’s representatives, to use the plea in a future lawsuit. Since the defendant did not admit guilt through the no contest plea, it cannot be used against him or her in the future.

An Attorney Can Help You Today

Figuring out what plea to enter in a crime is tricky. If you or a loved one have been charged with a crime, you need an experienced Rolling Meadows defense attorney who knows how to help. The Law Offices of Christopher M. Cosley will inform you of your options and help you decide what the best course of action is. Our legal team wants to advocate for your rights and provide the best possible defense. Contact us today to find out how we can help you.


Illinois Automobile Insurance

March 16th, 2018 at 12:38 pm

Illinois automobile insurance, Rolling Meadows criminal defense attorney, types of auto insurance, property insurance, bodily injury insuranceIf you are pulled over, one of the first questions a police officer will ask is to see your license, registration, and proof of insurance. It is essential to carry all three of these items with you in your vehicle. However, what happens if you forget to bring your insurance? Or, what if you do not have automobile insurance?

What Insurance Does Illinois Require?

There are three types of auto insurance required in Illinois. A driver must have both property and liability/bodily injury insurance. Additionally, a driver must carry uninsured motorist bodily injury insurance. The property insurance component of auto insurance is for covering the cost in case you damage another’s property in your vehicle. Most often, this is to cover the damages to another vehicle. Occasionally, however, other property can be damaged. Your insurance policy must cover at least $20,000 of property insurance.

The liability/bodily injury auto insurance is to cover the costs that will arise if you injure or kill someone in an accident. If you have caused a crash where someone is injured or killed, it is almost certain that a claim against your insurance to be compensated for sustained injuries will be filed. Compensation could be for medical bills, doctors visits, treatments, lost wages, and even pain and suffering. Even passengers in your own vehicle can file claim to your insurance for their injuries in a crash. You must purchase at least $25,000 of liability insurance for the injury or death of one person and at least $50,000 for the death of more than one individual per accident. Aside from the minimums, there is also the possibility of buying more coverage.

Uninsured motorist bodily injury insurance is insurance to protect you if you are involved in a crash with another vehicle that does not have insurance You are required to have $25,000 in coverage for one person in the accident and at least $50,000 for two or more individuals in an accident.

What if I Do Not Have Insurance?

If you are unable to provide proof of insurance to a law enforcement officer when asked, then you are breaking the law. You will receive a ticket for driving without insurance. If you are convicted or plead guilty, you will receive a minimum fine of $500 and your license plates will be suspended until you comply with the law on your first offense. Subsequent offenses result in harsher penalties.

Let Us Help You Today

If you have been charged with driving without insurance, The Law Offices of Christopher M. Cosley can defend you. There are defenses available to driving without insurance. Talented Rolling Meadows criminal defense attorney Christopher Cosley has years of experience and will investigate and explore every defense that might be available to you. Contact us for a free consultation today.


What Does it Mean to be an Accessory to a Crime?

February 2nd, 2018 at 7:07 pm

accessory to a crime, aiding and abetting, Rolling Meadows criminal defense lawyer, criminal conviction, committing a crimeWhen a crime is committed, the person who actually carries out the illegal act is referred to as the “principal.” Any person who assists in the commission of the offense but did not actually participate in committing the crime is called an “accessory.” For example, pretend that two friends decide to rob a bank and they agree that Friend A is going to go into the bank and rob it while Friend B waits for him out front in the getaway car. If these friends carry out the bank robbery as planned, then Friend A would be principal (as he committed the actual robbery) while Friend B would be the accessory (given that he assisted in the commission of the robbery).

Generally speaking, an accessory to a crime is anyone who willingly and knowingly aids and abets the principal in committing a crime. This assistance can come either before, after, or during the commission of the crime. However, it is important to note that the precise definition of what it takes to qualify as an accessory to a crime varies a bit from state to state.

Illinois’ Main Aiding and Abetting Law

Illinois’ main aiding and abetting l law is codified under code section 720 ILCS 5/5-2 and in relevant part states that it is illegal to knowingly help or assist someone else commit a crime. Regardless of whether this unlawful assistance comes before, during, or after the commission of the crime, the aiding party can still be held liable as an accessory to the crime. Furthermore, it is important to note that an accessory to a crime does not need to have been physically present at the scene of the crime in order to be found guilty.

The Penalty for Being an Accessory to a Crime in Illinois

You may be surprised to learn that a convicted accessory in Illinois can receive the same penalty as the principal whom he or she aided. In other words, if the bank robbing friends from the example above were caught and convicted in Illinois, then Friend B, who was guilty of being an accessory to the crime, is eligible to receive the same sentence (including jail time, fines, probation, restitution, etc.) that he would have been eligible for had he been the principal in the bank robbery rather than the accessory.

Need Legal Advice?

If you have been accused of committing a crime or of being an accessory to a crime, it is critical that you consult with a talented Rolling Meadows criminal defense lawyer about mounting your defense without delay. Time is of the essence, so it is important that you find a lawyer who has experience handling cases similar to yours to advise you on your legal options. At The Law Offices of Christopher M. Cosley we represent clients in a wide variety of criminal cases throughout Illinois and would be happy to assist you.


A Brief Overview of Criminal Intent

January 29th, 2018 at 7:53 pm

criminal intent, malice aforethought, Rolling Meadows criminal defense attorney, Illinois criminal law, Illinois criminal casesCriminal intent (or mens rea) is an important legal concept to understand if you are going to stand trial for committing a criminal offense as the prosecution is required to establish mens rea (i.e. that the defendant had a guilty mind) in order for the defendant to be found guilty in many criminal cases. Depending on the severity of crime that was allegedly committed, the prosecution will need to prove that the defendant acted intentionally and possessed one of the following types of criminal intent when the illegal act was committed: malice aforethought, specific intent, or general intent.  

Malice Aforethought

Malice aforethought is the state of mind that is necessary in order to prove the most serious types of homicide. An individual possessed malice aforethought if he or she intended to kill or to cause great bodily harm. Malice aforethought is critical in homicide cases as this distinction in criminal intent is the key difference between murder and malice as murder is an unlawful killing that is committed with malice aforethought while manslaughter is an unlawful killing that does not involve malice aforethought.    

Specific Intent

In order to obtain a conviction for the most serious criminal offenses, apart from murder, the prosecution is required to show that the defendant specifically intended to cause a certain bad result, to do something more than commit the criminal act for which he or she is on trial, or acted with the knowledge that his or her conduct is against the law. Therefore, an individual is typically said to have acted with specific intent if he or she intentionally committed an unlawful act with the desire to cause a particular outcome.   

General Intent

General intent is similar to specific intent as they both require the defendant to have acted intentionally; however, if the defendant did not do something more than the criminal act itself nor did he or she act with the additional desire to cause a certain result, then he or she likely acted with general intent. In other words, an individual acts with general intent if he or she meant to do an act that is prohibited by law.

Specific Intent vs. General Intent: Which One?

It should be noted that criminal law statutes do not always specifically state whether an individual is required to have possessed specific or general intent in order to be convicted of committing the crime at hand. If the statute does not spell out the requisite level of criminal intent, then the court will determine whether the crime requires general or specific intent by looking at the language used in the statute. For example, if the statute uses terms like “voluntarily” and “knowingly” then the crime will often be considered a general intent crime.   

Contact a Local Criminal Defense Lawyer

Criminal law is complex and as such anyone who has been charged with a crime and is looking to retain legal counsel should take care to hire a local criminal defense lawyer who has extensive experience handling criminal cases. Talented Rolling Meadows criminal defense attorney Christopher Cosley is just such a lawyer. If you have been charged with a crime in Illinois and live in the greater Chicago area, feel free to contact the Law Offices of Christopher M. Cosley at your earliest convenience to schedule an initial consultation with Mr. Cosley to discuss your legal options.


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.


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.


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.


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.


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