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Archive for the ‘Criminal defense’ Category

White collar crimes

May 16th, 2013 at 8:37 am

Lucy 5-8White collar crimes are not specifically defined, however, they are most often considered to be a variety of nonviolent crimes that are based around dishonesty and/or cheating. Usually, these crimes are committed by entrepreneurs and other professionals in the business area that are under the cover of a legitimate business activity. White collar crimes also typically have a lesser punishment than other crimes because they are nonviolent. Although these crimes do not have severe punishments, they do usually involve very heavy fines, and can include jail time. There are very specific laws that prohibit white collar crime activities, but many of them are covered in less specific catch-all laws that prohibit dishonest behavior.

Embezzlement

If someone take another’s money or property by ways of an official job position of trust or through abuse, they have committed embezzlement. For example, an accountant with access to all personal financial information may falsify records to gain a profit from his or her client(s). Bank tellers, as well, have easy access to finances and may walk away each day with a small amount of money from a client instead of placing it in the client’s account as he or she should.

False Statements

Although the crime that is making a false statement is not only a white collar crime, it is also included within white collar crimes along with other types of crimes. This is one of many more broad laws that will catch white collar criminals in their wrong doings and allow for punishment. In order to convict someone of making a false statement, proof is required of the statement that contains false information and that statement must be made willingly and knowingly by the speaker.

If you have been accused of a white collar crime, contact a criminal attorney for assistance. Attorney Chris Cosley will help to fight for alleged white collar criminals in Rolling Meadows, Ill. today.

 

Image courtesy of imagerymajestic/Freedigitalphotos

Legal Rights During an Arrest

May 12th, 2013 at 1:38 pm

LucyDepending on the situation, have different requirements to fulfill before an arrest can be made.

Arrest and search
If an officer seizes or detains you in a way that indicates that their intention is to take you into custody under his or her control, then you are being arrested. Legally, when you are arrested, the immediate area in which you are arrested can be searched. If you are arrested at home, police also have the authority to search outside the immediate area of arrest for people.

Arrest warrants
A judge may write an arrest warrant which commands police to arrest the person named in the warrant. If you are arrested after a warrant has been written for you, the arresting officer has to state that he or she is “acting under the authority of the warrant” and allow you to see the warrant at the time of your arrest or soon after. If police officers attempt to arrest you at home, they must state their purpose and title to you, unless they believe that the notification will cause you to escape, harm them or destroy evidence.

Arrest without a warrant
If officers have a reason to believe that you have or will soon commit: “a felony whether or not in their presence, a misdemeanor in their presence or a misdemeanor not in their presence, or if they have reason to believe you may escape, cause injury to persons or property, or destroy evidence unless immediately arrested,” then you can be arrested without a warrant. Unless there are special circumstances, you cannot be arrested at home unless the officers have a warrant.

Traffic violations are also cause for arrest without a warrant, if the following are occurring  operating a vehicle under the influence of drugs or alcohol, failing to stop or give information about an accident that caused death, injury or property damage, driving with a suspended license, trying to avoid police officers, or if the officer(s) believe that you will ignore a traffic citation.

If you have been arrested, contact a criminal attorney for assistance to get you out. Christopher M. Cosley from Rolling Meadows will help you with the police officers and courts today.

Illinois law enforcement hoping preschool funding will be restored

May 8th, 2013 at 12:52 pm

LucyIn the 2013 Illinois state budget, funding for children’s programs would be a major win for over 160 police chiefs, state’s attorneys, sheriffs, police officer organization leaders and crime survivors. These people signed a letter addressed to Gov. Pat Quinn in late February urging him to protect this funding.

Cook County Sheriff, Tim Dart, argued that these programs have helped, and will continue to help, reduce children’s chances of being involved in crimes. With less children involved in crime, taxpayers would have less to pay to clean up the crime, “and we would save lives…Cleaning up after crime is extremely expensive,” Dart said.

Letters similar to the one sent to the Governor were also sent to the Speaker of the House, the House Minority Leader, the Senate President and the Senate Minority Leader.

These law enforcement officials are hoping that last year’s cuts to the preschool program will be restored in 2013, along with funding for after-school programs and home visiting programs to prevent child abuse to remain the same as last year. In the last three years, these programs have suffered major cuts, which worries law enforcement.

Granite Police Chief Rich Miller said, “Investing in kids pays off. Communities have less crime, kids get better outcomes in life, and taxpayers save money. There are some programs that are simply too valuable to cut any more than they already have been.”

Hire a criminal attorney if your son or daughter is in legal trouble. An attorney can help your family get a second chance and protect your rights.

Since 2009, Illinois’ preschool program has been cut 22 percent, causing tens of thousands of 3 and 4 year olds to lose places in preschool. A long-term study of Chicago Child Parent Centers, which is publicly funded, found that kids who were not in the program were about 27 percent more likely to have been arrested by the time they turned 28 than those children who were able to participate in the program. These centers save ten times more money in reduces crime and other costs for every dollar spent on the program.

If you were not lucky enough to participate in a similar program as a child and have now found yourself in legal trouble, contact Attorney Chris Cosley in Rolling Meadows, Ill. This criminal attorney will fight for you in court today.

Criminal Sentencing in Illinois

May 3rd, 2013 at 2:26 pm

Different crimes have different punishments. Below are some of the punishments for different types of criminal convictions related to theft.

Criminal Sentencing in IllinoisTheft
This includes previous theft, armed robbery, possession of a burglary tool, home invasion, residential burglary, burglary, forgery, and “certain motor vehicle felonies relating to the possession of a stolen or converted motor vehicle or section 8 of Credit Card and Debit Card Act.” This does not include theft from a person and nothing that is above $300. This will result in 1 to 3 years of jail time or up to 18 months of a discharge with conditions or 180 days in jail with probation. A fine may also be charged of up to $25,000.

Tampering with or Theft of Communication Services
This covers if a wired communication service or device has been tampered with or stolen, and the defendant has also been convicted of another theft type of theft as listed above, or of fraud, which includes any violations of the Cable Communications Policy Act of 1984 in any federal or state jurisdiction. This crime will result in 1 to 3 years of jail or 18 months of discharge with conditions or 180 days in jail with probation. It may also include a fine of up to $25,000.

If the defendant has previously been convicted on at least two occasions for similar crimes, it can result in two to five years in jail, or up to 30 months of discharge with conditions, or 180 days in jail with probation and a fine of up to $25,000.

Retail Theft
If the value of the stolen merchandise is under $300 or $150 in motor fuel, but the thief has previously been convicted of theft, it may result in 1 to 3 years in jail or up to 18 months of discharge under conditions or 180 days in jail with probation and a fine of up to $25,000.

If the thief escaped by an emergency exit, but the merchandise still does not exceed $300 and the thief has been convicted of a previous theft, the person could face a fine of up to $25,000 along with 1 to 3 years of jail time, or 180 days of jail with probation or up to 18 months of restrictive discharge.

If you have been accused of a crime, contact a Rolling Meadows criminal attorney before proceeding any further. Christopher M. Cosley can help you avoid criminal charges.

Medical Marijuana Law Approved by Illinois House

April 27th, 2013 at 9:18 am

GavelOn Wednesday, April 17th the Illinois House of Representatives held a vote about House Bill 0001.  It is a controversial attempt to create a regulatory system for medical marijuana.  The bill narrowly cleared in a 61-57 decision, but has support from the State Senate, who passed a similar bill in 2009, and from the Governor.

Although 18 other states have already legalized medical marijuana, the new regulations in Illinois will be the strictest in the country.  To qualify, the person must have one of 40 listed medical conditions as designated by a physician who has had a long relationship with the patient.  After that, the person who is prescribed medidcal marijuana can receive up to 2.5 ounces every two weeks from one of the 60 dispensaries that are regulated by the state.  The program is set to be a 4 year pilot which would require background checks for physicians as well as patients.

Both sides of the aisle voiced their opinions of this bill.  The proponents claimed that the decriminalization would allow those who suffer from illnesses to get relief without being driven to drug dealers and possible jail time for drug crimesRep. Lou Land, a Democrat, went so far to say that “we’re turning granny into a criminal” with current laws.

This legislation will be reviewed by the Senate soon, but at this time is not considered a law.  Yet, marijuana has been proven to be effective for treating nausea, pain, loss of appetite and other symptoms of serious illnesses.  If you have been charged with possession of illegal drugs, contact an experienced criminal defense attorney in Rolling Meadows who knows the tactics of prosecutors.

image courtesy of freedigitalphotos.net

Craigslist Rape Case May have Many More Victims

April 23rd, 2013 at 8:42 pm

According to a recent story by the Chicago Tribune, a Woodstock man contacted women who were offering sex for pay on the popular website, Craigslist. There have been 5 women identified in the case so far.

TheresaCharles Oliver arranged meetings with these women, who the court identified as being prostitutes and escorts. When he met with the women, he would eventually take them to his home in Woodstock. He then became violent with the women and forced them to engage in sexual acts with him. He threatened to kill several of the women and even tied them up and confined them to his basement.

When authorities searched his home, they found evidence that there may have been as many as 25 more women who were victimized. He had copies of identification cards and cell phones that he had taken from some of the women. Authorities are now working to locate the women whose personal belongings were found in his basement to determine if he had attacked them as well. Among the incriminating items that were found in his home were also thousands of photos that he had taken of him engaging in sexual acts with these women. Law enforcement authorities report that in some of the photos, the sex appears to be consensual, while in others it was clear that the women were forced.

Rape and sexual assault are very serious criminal charges that can be met with serious consequences if the accused suspect is convicted. If you have been accused of any kind of sexual misconduct or other criminal acts, you need to retain the assistance of an aggressive and knowledgeable Illinois criminal defense attorney to represent your interests.

An attorney should be retained before you even succumb to the questioning by the police. It is within your rights to have your attorney present during any questioning so that you do not accidentally incriminate yourself.

Parolee Arrested for Neighbor’s Murder

April 19th, 2013 at 7:32 am

Prosecutors have accused Paul Johnson, 34, of breaking into his Eligin’s neighbor home with a screwdriver in order to steal a DVD player, and then stabbing the woman who lived in the home. The stabbing eventually led to her death. He has been charged with first-degree murder, home invasion and residential burglary in the March 2 death of Lisa Koziol-Ellis, 33. The victim was found by her husband when he returned home from work.

Paul Johnson 3.27.2013.Kerry. Cosley .CrimPolice told the Chicago-Tribune that someone contacted them with information that led them to arrest Johnson. According to the report, Johnson told the witness that he broke into the Ellis’ apartment with the intention of robbing them, but was confronted by Koziol-Ellis. Johnson stabbed her multiple times with a screwdriver and a knife. He left the apartment, but then returned later to try to “clean up the scene”.

Prosecutors would not comment on whether or not a $15,000 reward offered by the victim’s family led to the witness coming forward.

Court records show the defendant has had multiple arrests in both Cook and Kane counties, mostly for armed robberies. In 2000, he was sentenced to eleven years in prison for armed robbery, including a charge of robbing an Elgin motel and tying up an employee. He is currently out on parole for an armed robbery conviction from 2010. Johnson received a four year prison sentence, for which he served 1 1/2 years. He is currently being held on $5 million bail and faces up to one hundred years if he is convicted of this crime.

If you are arrested for a serious crime, you need to hire an experienced Illinois violent crimes lawyer to fight these charges and protect your rights.

Limited Cameras Allowed In Courtroom For Murder Trial

April 17th, 2013 at 8:53 pm

Johnny Borizov has been charged with the first-degree murders of a Darien couple and their son. His trial, which is set to start next month at the DuPage County Courthouse, will be allowed to be filmed—with certain restrictions.

MelissaBoth prosecution and defense lawyers objected the use of cameras during the trial, but a judge overruled their concerns. However, he ordered that the cameras will have to be turned off during the testimony of the three witnesses who were in the couples’ residence while the murder took place. Additionally, the media wanted to place two video cameras and two still cameras in the courtroom, but the judge is only allowing one of each.

Lawyers are also required to inform their witnesses about the cameras before they testify. If a witness objects to either being on video or to having their photo being taken, the judge will rule on an individual basis whether they must be turned off.

A hearing is set for a week prior to the start of the trial in order to figure out the exact placement for the cameras. Since last fall, when the DuPage County Courthouse first started allowing video cameras in courtrooms, this will be the first criminal trial to actually use them. The Courts Administrator, John Lapinski, said to the Chicago Tribune in this article that “logistically, it’s just more complicated.”

Borizov is charged with convincing a friend to break into the house of Jacob and Lori Kramer, where he then shot them along with their 20-year-old son, Michael. Another son, his guest, and Angela Kramer were also in the house at the time but escaped injury.

The prosecution is claiming he did this because he was going through a bitter child custody dispute with Angela. The friend, Jacob Nodarse, has already pleaded guilty but mentally ill to the murders. He will not be videotaped, but can have still pictures taken during his testimony for the prosecution.

Being charged with a criminal offense can seriously affect your life. If you’ve been charged with a misdemeanor or felony in Chicago or its suburbs, it is best to speak with a lawyer to discuss your options. Contact our firm in Rolling Meadows today.

 

Image courtesy freedigitalphotos.net

Truants are more likely to end up in prison

April 15th, 2013 at 1:12 pm

LucyAt least 135 of the 182 young men that have recently been locked up in Illinois’s three medium-security youth prisons used to miss school often enough that they were labeled chronic truants.

When they were booked, nearly 60% of them were reading below a third grade level.

At the Illinois Youth Center St. Charles, the largest of the three facilities,63 of the 72 youths had dropped out of school completely by the time they were incarcerated.

These figures remind us that absence from school during childhood is often one of the first warnings of criminal behavior that can be the cause of ruining young lives and burdening society with costs of street violence, welfare and prison.

The records highlight the consequences of a crisis in K-8 grade truancy in Chicago that officials have ignored for a long time, although they have promised to address it in the wake of a Tribune investigation, which found that tens of thousands of city elementary students miss at least of month of school in any given year.

Although the prison data consists of raw numbers, behind them is a rough parade of youths whose cases fill the Cook County Juvenile Court docket.

One 2011 court reported stated that a 15-year-old boy had been accused of selling $10 and $20 bags of heroin and “is not attending any school at this moment.” Court records show that he had disappeared from Chicago’s public schools two years earlier.

Superintendent of the juvenile prison schools Kyle Gaffey said, “When they are not coming to school, they are getting themselves in trouble. We have youth who’ve reported to us that they haven’t been in school since the fourth grade.”

Under Illinois law, students cannot drop out of school before age 17, but hundreds do every year.

From 1999 through 2007, about 3,000 students in grades K-8 were listed as dropouts, but in 2008, 6,525 students were listed when kids were supposed to transfer to another school, but never completed enrollment.

After 2008, Chicago officials stated that a state rule change meant that dropouts in elementary school no longer needed to be reported. The Tribune’s analysis, however, found that thousands of K-8 students were listed as “unable to locate” or “did not arrive” between 2008 and 2011.

If your child has been skipping school, or worse, has already gotten into criminal trouble, contact a family law attorney to fight for your child in court. Shaw Jacobs Goosetree & Associates can help you get your child back on the right track in St. Charles today.

Chicago Gun Laws Don’t Stop Homicides

April 8th, 2013 at 4:05 pm

AmandaHandguns have been outlawed in Chicago for may years, until 2010, when the Supreme Court decided that the ban was in violation the Second Amendment to the U.S. Constitution.There are still no legal gun shops in the city of Chicago. This led the city leaders to have to settle for higher restrictions that were as close to actually banning the guns. Even with these high restrictions, Chicago is still one of the top cities for gun violence. In 2012, there were over 500 homicides, and in January alone, there were 40 killings.

To many citizens who want a full gun-ban in the US, Chicago proves to be a city of reference. Even with such strict gun control laws, there is still a vast amount of shootings. But for citizens who are pro-guns, they believe that the city proves that there needs to be more nationwide gun laws, rather than state-to-state or city-to-city. According to Rev. Ira J. Acree, a pastor who marched and got signatures to end shootings, said, “Chicago is like a house with two parents that may try to have good rules, but it’s like you’ve got this single house sitting on a whole block where there’s anarchy.”

Because of the different sets of laws varying from states and cities, it makes it difficult for police to find the gun violations. Not only are the laws different in each state, but also the punishments vary from jail-time to fines. Some punishments are seen as not as severe as others so many citizens do not take them seriously.

If you or anyone you know has been affected by any sort of gun violation be sure to contact a lawyer immediately. Contact an experienced Illinois Criminal Attorney to help you out.

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