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Archive for the ‘Disorderly conduct’ Category

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

Peeping in a Window is a Form of Disorderly Conduct

March 20th, 2017 at 8:42 am

peeping in a window, Rolling Meadows Criminal Defense LawyerThere are several different offenses that constitute disorderly conduct under Illinois law. However, one of the least obvious forms of disorderly conduct is voyeurism, or “peeping,” which is an invasion of privacy of someone else. The victim, or person who is spied upon, has had his or her personal space violated by the peeping act, and the Illinois courts take the invasion of privacy very seriously.

Like many of the other forms of disorderly conduct, the offense of peeping often involves a state of intoxication—but certainly not always. Being drunk is no excuse under the law for invading the privacy of another by spying on him or her in their home. However, it does lend context to how the peeping incident may have come to pass.

Many criminal defendants who are charged with disorderly conduct for peeping on someone did so as a result of exercising poor judgement, while in a state of intoxication, or were acting in response to peer pressure.

Whatever the case may be for you, if you are facing disorderly conduct charges for peeping, it is important that you work with a lawyer to fight the charges that are pending against you. You are facing a conviction on a misdemeanor offense. You could go to jail, pay a fine, get a criminal record, and you could develop a reputation if you are convicted.

What Constitutes “Peeping” Under Illinois Law?

Under 720 ILCS 5/26-1(a)(11), someone who looks into a dwelling through a window or other opening for the purpose of being lewd or for spying is considered a voyeur. The act must be done deliberately and for a lewd or unlawful purpose. There is a difference between accidentally and coincidentally looking into someone’s window and doing so with the deliberate intent of unlawfully watching someone through a window.

Deliberately peeping or spying on someone without his or her knowledge is illegal in Illinois and it is a crime that is taken very seriously. Since the offender must have a lewd or ill intent in order to commit the crime, a possible defense is that there was no lewd intent to the act. It could be that the defendant just happened to look in a window and saw someone, or that it was an accident.

While such a defense may be the truth, it can be difficult to prove intent. Still, an experienced and skilled criminal defense lawyer can help you put your strongest defense forward as you fight your disorderly conduct charges.

Are You Facing Disorderly Conduct Charges?

If you have been arrested for disorderly conduct, such as peeping on another through a window or some other opening to a dwelling, it is important that you get into touch with an experienced Rolling Meadows criminal defense lawyer as soon as possible. You could be facing a misdemeanor if you are convicted.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=73600000&SeqEnd=74600000

Crying Wolf Can Be Grounds For Disorderly Conduct in Illinois

September 13th, 2016 at 2:48 pm

Crying Wolf Can Be Grounds For Disorderly Conduct in IllinoisEveryone has heard the story of the little boy who cried wolf. Repeatedly the little boy made false assertions that a wolf was nearby, alarming everyone else in the town. But in truth, there was no wolf. Finally, others stopped believing the boy, and when the boy saw a wolf that posed a real threat to those in the town, no one would heed his warnings because he had developed a reputation as a liar. The moral of this children’s story is that it is not a good idea to report false threats and place groups of people into a state of alarm unnecessarily. A similar premise underlies Illinois disorderly conduct law.

Falsely alerting groups of people of danger is a serious offense in Illinois. When there is no real threat of danger, there is no need to alert others. Alerting others to a false danger can place these people in a state of panic or distress, and can cause them to act in an alarmed way unnecessarily. In effect, false reports of danger put people on edge, and cause them to do things that they might not normally do because they feel like they are in danger, and these false reports of danger can cause disruptions of the peace. Some examples of offenses that can warrant a disorderly conduct charge include:

  • Crying “fire” in a crowded place where there is no real threat of a fire;
  • Reporting to 911 a false call for help, such as calling police to a scene where there is no crime being committed or calling for an ambulance when none is required;
  • Falsely making a report of a bomb or other dangerous explosive; or
  • Making a false report about an abused or neglected child.

Any one of these instances where someone falsely reports a situation or danger, causes dozens of others to be mobilized into action. For instance, if “fire” is shouted in a club, the club patrons will take steps to exit the building, which is unlikely to occur in a safe and considerate fashion since the patrons are likely going to panic. Patrons might get hurt while trying to exit the club, such as being trampled by the crowd or being struck by someone who is panicking. Not only that but if the alleged fire is called into 911, fire trucks will come to the club where there is no real fire, taking these firefighters away from other calls.

It is important to keep the public safe, and that means protecting the public from false reports of danger. That is why Illinois law takes such a firm stance against acts of disorderly conduct. When police, fire, medical services, and child protection services are falsely called to a situation where there is no real threat of harm to anyone, it is a waste of these people’s time and attention.

Contact Us for Professional Representation

If you have been charged with disorderly conduct for falsely reporting a dangerous situation, you should speak with an experienced disorderly defense lawyer as soon as possible. Please do not hesitate to contact a Rolling Meadows criminal defense attorney. Our attorneys are eager to assist you today.

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

Habitual Offender to get Mental Health Treatment

August 2nd, 2013 at 12:20 pm

The Chicago Sun Times recently published a story about a woman who has been arrested 396 times since 1978. She is now being housed in the Logan Correctional Center from which she is to be released in November of this year.

TheresaIf the Chairman of the Illinois Prisoner Review Board has anything to say about it, Shermain Miles will be admitted to a mental health and substance abuse program as soon as she completes her sentence with the Illinois Department of Corrections. Her current counselor states that she has been “very cooperative and informed” while receiving care for her mental health issues while she has been in Logan.

While she has applied to several different programs and considered different options for her releases, the one that was rejected was for her to be paroled to the ward where she assaulted a council member. Most of her arrests have been for thefts, 92 in fact. She was arrested 65 different times for disorderly conduct, 59 times for crimes such as prostitution, and another 5 times for robbery related offenses. She has also been arrested under at least 83 different known identities.

Alderman James Cappleman was quoted as saying that Ms. Miles is a telling case that shows exactly what is wrong with Illinois’ prison system. There are an overwhelming amount of people that are in the prison system who need mental health treatment as well as substance abuse and addiction treatment. He also stated that it is time to stop the revolving door system that is currently in place and get offenders that help that they need to become better citizens.

Whether you are a first time offender or a repeat offender like the above story, an Illinois criminal defense attorney can present the best possible defense in your criminal case.

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.

Teen Arrested at Gang Funeral

January 9th, 2013 at 3:05 pm

A 17-year-old boy was arrested for possession of a gun at a gang funeral in mid-December, according to the Chicago Tribune. Roosevelt J. Yarber’s arrest comes as part of a new police crackdown on possession of weapons and possible conflicts at gang funerals. According to the Tribune, “Yarber was carrying a .44-caliber Magnum handgun with six live rounds when he was arrested,” and has been charged with felony unlawful use of a weapon. Area North Deputy Chief John Escalante told the Tribune that “it just highlights the need for us to be out, monitoring these wakes and funerals.” Teen Arrested at Gang Funeral

The crackdown comes after one man was killed and another wounded at the funeral of a gang member on the South Side in early December, and was initiated by Mayor Rahm Emanuel to help curb the explosion of gang violence that has rocked Chicago in 2012. The Gangster Disciples, according to a different article in the Chicago Tribune, were responsible for “more than a quarter of the city’s nearly 400 slaying victims through September 25” of this year. The funeral at which Yarber was arrested was for a member of the Gangster Disciples, but Yarber is not believed to be a member. He was, however, with six other men—“five of them members of the Four Corner Hustlers and one a member of the New Breed gang, which is in a gang conflict with the Gangster Disciples.” Police stopped Yarber and the men he was with because they were not believed to be Gangster Disciples.

Escalante said that at least four people have been arrested at gang funerals since implementation of the new strategy. “Everyone has a right to attend a funeral or a wake, especially one at a church,” he told the Tribune, “and not expect to be the victim of gun violence.”

If you or someone you know has been accused of gang violence or are facing weapons charges, don’t go through it alone. Contact a dedicated Chicago-area criminal defense attorney today.

Image courtesy of FreeDigitalPhotos.net

Prosecutor Gets Stabbed and Battered by Convicted Felon

October 2nd, 2012 at 6:28 pm

On September 14th, a Cook County prosecutor intervened in a quarrel between four men which nearly cost him his life, reports the Chicago Tribune. He was on his way to meet a friend at Diversey Harbor to go fishing when he saw two men being chased by two guys in a park. The men were screaming for help, so the prosecutor intervened. He yelled to the chasers and told them to stop, but instead of stopping, they attacked the prosecutor. He managed to grab one of the attackers and tried to keep use him as a shield between himself and the second attacker, but he lost his footing and fell to the ground. The attackers hit him with a beer bottle and stabbed him several times.

The wounded prosecutor was helped to a nearby hospital by his friend who arrived near the park not long after the attack. The prosecutor had suffered injuries to his side, face, and under his right arm. The injuries were not severe, however, and he is recovering from the attack at home.

One attacker, Edgar Diaz, 21, was arrested a few days after the incident. He has been charged with attempted first-degree murder and aggravated battery. Diaz has been convicted before of unlawful use of a weapon and he has also been involved in other felonies, for example, armed violence and drug crimes. Diaz’s bond court was held on September 24.

Diaz is looking at a long prison sentence. His best option is to get legal help from experienced lawyers who can build a strong defense. Although Diaz probably cannot avoid a conviction, his penalties have the potential to be reduced. If you or anyone you know has been charged with a similar crime, contact a skilled and knowledgeable felony defense attorney in Chicago, Illinois.

Man Charged in Shooting Death of Alleged Accomplice.

July 12th, 2012 at 8:20 pm

Tevin Louis, 19, is being held on $1 million bond. He has been charged with one count of first-degree murder, two counts of armed robbery and one count of disorderly conduct in the shooting death of 19-year-old Marquise Sampson. But Louis did not fire the gun that killed Sampson. Police did.

According to a report in the Chicago Sun Times, prosecutors told Judge Laura Sullivan that Louis and Sampson, armed with guns and wearing masks and gloves, robbed two employees at King Gyros. It is alleged that after taking money from the store’s cash register, they also took cash and a cell phone from the two employees, as well as cigarettes from the store’s inventory. The victims told police that the stolen items were thrown into a backpack, which Louis took with him when he left the store, and that Sampson left right after.

Sampson was spotted running by Gresham district by beat patrol officers. The officers reported that they ordered Sampson, who they say was holding onto his side while running, to stop. Instead, he kept running, with the uniformed officers chasing him. Sampson then pulled a gun and pointed it at one of the officers. The officer shot him twice. Sampson was later pronounced dead at the scene. The coroner has ruled the death a homicide. None of the officers present were injured.

When Louis showed up at the scene of the shooting and tried to make his way past police, he was quickly arrested for disorderly conduct. Prosecutors are alleging that he admitted his involvement in the robbery. They also stated that Louis told a third party he was involved with Sampson in the robbery and that they have the surveillance tape from the store that show the robbery taking place.

First degree murder is one of the most serious crimes a person can be charged with. A guilty verdict can mean life in prison. If you are charged with a serious crime in Chicago, contact an experienced Chicago criminal defense attorney immediately to defend you.

Visit to Jail Lands Man in a Cell of His Own

June 20th, 2012 at 2:24 pm

Julius Price, 23, managed to evade police for two weeks. The Chicago man had been identified as the prime suspect in the stabbing of four Guardian Angels on a North Side “L” platform. Ironically, Price was arrested after attempting to visit his co-defendant, Keith Gunn, 34, at the Cook County Jail. When arrested, Price was carrying a Bible and a length of rope.

Prosecutors told the Chicago Tribune that Gunn had pistol-whipped a 27 year old passenger on the train in an attempt to steal the man’s cell phone. When he fled with the phone, four Angels caught him and brought him down to the ground. Price allegedly approached the group with a knife.

According to the report, Price stabbed one of the Angles in the lower abdomen and another in the upper arm, which took eleven stitches to close. He cut another on the right arm, sending that man to the hospital for seventeen stitches. Another Angel was stabbed on top of the head and was also bitten on the arm. Both Price and Gunn ran away but the attack was caught on security cameras.

Prosecutors say Price has a long criminal history. He was convicted of misdemeanor battery in 2005 and residential burglary in 2006. He was sentenced to eight years in prison for the burglary conviction. Price is now being charged with four counts of aggravated battery with a deadly weapon and his bail has been set at $750,000.

The amount of Price’s bail indicates just how serious the charges against him are. Conviction could result in a very long prison sentence. If you have been arrested and charged with battery, it’s important to hire an experienced Rolling Meadows criminal defense attorney who can defend you and protect your rights.

Chicago Teens Arrested for Disorderly Conduct

April 14th, 2012 at 5:38 pm

According to a recent Chicago Tribune story, two teenagers showed up to a fight with another teen and his father in Downers Grove with bats. Due to an ongoing feud between two former friends over the past year, one teen challenged the other to a fight. The other teen and his friend came to the fight brandishing baseball bats, which they held up to the teen and his father as if they were going to hit them. When the pair heard police sirens approaching, they put down their bats, and did not actually strike any blows. Police arrested the teens for disorderly conduct and confiscated their bats. The teens later were released to the custody of their parents.

Although disorderly conduct is a misdemeanor charge under Illinois law, it still will become a part of your permanent criminal record if you are convicted. As a result, you will be required to report this criminal conviction on employment applications and disclose your conviction in other situations for the rest of your life. Additionally, a disorderly conduct conviction can carry a sentence of up to 30 days in jail and payment of a fine of up to $1,500.00. Therefore, the penalties for a disorderly conduct conviction can be quite severe.

If you are facing a disorderly conduct charge, you will need experienced representation to assist you throughout the legal process. A skilled Chicago criminal defense attorney can assert any defenses to the criminal charge that you might have, as well as present evidence in your favor that may reduce the consequences of or altogether avoid a criminal conviction. A Chicago criminal defense lawyer with experience handling juvenile crimes is essential for teen offenders.

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