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Archive for the ‘Juvenile crimes’ Category

The Ramifications of Illinois Minor in Possession Charges

July 12th, 2017 at 7:00 am

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

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

Restrictions & Exceptions

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

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

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

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

Alternatives to Jail Time

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

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

Consult a Knowledgeable Juvenile Crimes Attorney

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

Source:

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

My Teen Has Been Arrested. Now What?

June 19th, 2017 at 2:37 pm

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

Decisions can Become Criminal in a Split Second

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

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

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

Police Interaction With Our Children

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

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

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

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

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

Erect Your Defense Immediately

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

Source:

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

10-Year-Olds and Juvenile Detention

June 2nd, 2017 at 11:37 am

juvenile detention, Rolling MeadowsA sweeping wave of legislation aimed at restructuring the juvenile criminal system in Illinois has taken hold. Many lawmakers and civil rights activists nationwide are advocating for less punitive sentences for minors who are ensnared in the criminal justice system.

Minors and Juvenile Detention

Illinois law demands that the minimum age that a child can be held in a juvenile detention center is 10. The nationwide regulation is 13, as recommended by the Juvenile Detention Alternatives Initiative—a Maryland-based private philanthropy foundation. The minimum age in Illinois to serve time in a juvenile state prison, as opposed to juvenile detention, is 13.

Illinois lawmakers and juvenile justice advocates are arguing that the age required to be detained in a juvenile detention center should be raised to 13. It seems unlikely that a bill would pass, however, without language carving out an exception for certain classifications of felonies. Advocates of raising the age to 13 argue that adding an exception would ruin the intent of the bill.

Juvenile detention centers operate much like jails except for minor children. Illinois law prevents, in most cases, a minor from spending over 30 days at a time in a juvenile detention center. However, there are cases where children fall through the cracks and spend longer periods of time in a juvenile detention center, especially when mental health issues exist.

Why Lawmakers Want to Keep 10-Year-Olds Out of Juvenile Detention

It is settled science that a child’s decision-making ability is different and less developed than that of an adult. Elizabeth Clarke, President of the Juvenile Justice Initiative, is quoted as arguing that locking away a child, who many times has never been away from home for any period of time, is extremely detrimental to that child and can cause life long issues.

For 16 years, supporters of criminal justice reform have pursued legislation that would curb the number of children ending up in juvenile prisons. There has been little progress regarding the detention of elementary school aged children. On the forefront of this initiative is the Juvenile Redeploy program. Since the inception of the Juvenile Redeploy program, there has been a notable decline of juveniles being imprisoned and detained.

Rolling Meadows Juvenile Criminal Defense

A juvenile conviction may not seem as severe as an adult conviction, but the consequences can be extensive. A skilled and experienced Rolling Meadows juvenile criminal defense lawyer will be integral to you securing the best possible outcome for your case. Contact The Law Offices of Christopher M. Cosley at 847-394-3200 or visit www.cosleycriminaldefense.com to schedule a consultation today.

Source:

http://nprillinois.org/post/illinois-issues-should-10-year-old-kids-be-kept-juvenile-detention#stream/0

Juvenile Crime Law: Give Our Kids a Chance in 2017

May 22nd, 2017 at 8:50 am

juvenile crime law, juvenile criminal offenses-Rolling Meadows Criminal Law AttorneyWith the signing of State Bill 2777, it is now prohibited for a juvenile to be committed to a juvenile detention center for a crime that is not a felony, and even for some nonviolent felonies. This change in the law comes as a sweeping initiative is taking hold in the Illinois legislature, moving away from the tough on crime policies that have caused an exploding prison population in Illinois.

“There has been a recognition that our system of justice needs to be more just and less retribution-focused,” said Rep. Ron Sandack, R-Downers Grove.” This is coming as bi-partisan efforts to keep our children out of the prison system have begun to take hold in our criminal justice system.

Which Juvenile Crimes Does This New Law Effect?

The new law effects juveniles who have been convicted of misdemeanor crimes. Misdemeanor crimes include misdemeanor theft, misdemeanor possession of marijuana, simple battery, and trespassing.   

Why Now?

Illinois lawmakers have been grappling with the rising population of juveniles who go from juvenile detention centers directly into adult detention centers. Juveniles who are sentenced for misdemeanor crimes, and find themselves becoming adult offenders without having a meaningful opportunity to rejoin society, have a high societal cost and an extremely heavy financial burden on the state of Illinois.

Lawmakers have anticipated that the new change in the law will save approximately $4.5 million dollars that the state of Illinois must pay to house the 110 kids that are admitted to juvenile detention centers, on average, every year.

Is That the Only Juvenile Criminal Law That Has Changed?

House Bill 6291 is another law that changed in 2017. This change in the law prohibits a juvenile from being committed to the Department of Juvenile Justice for certain controlled substance violations unless it is his or her third or subsequent judicial finding of a probation violation.

Another goal of this bill is to change the minimum probation period for youths who have been adjudicated delinquent. “We need to approach our criminal justice system with more compassion,” said Illinois Governor Rauner.” It is time the state starts treating our youth who struggle with addiction with various treatment programs instead of sending them to jail.

Do I Still Need a Lawyer?

Even with the changes in the law, it is still important to have dedicated and experienced legal counsel on your side when you have been arrested and charged with a crime. Contact your experienced Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley at 847-394-3200.

Sources:

https://www.riverbender.com/articles/details/rauner-signs-bills-to-further-reforms-to-illinois-criminal-justice-system-14779.cfm#.WP_EqtLytqM

http://www.chicagotribune.com/news/local/politics/ct-illinois-juvenile-justice-new-laws-met-20151230-story.html

Changes to the Law Concerning How Juveniles Can Seek Expungements

February 13th, 2017 at 9:39 am

expungements, Rolling Meadows Criminal Defense LawyerOne of the most detrimental aspects of a juvenile getting in trouble with the law for committing a criminal offense is that the incident will create a law enforcement and juvenile court record for the minor. Parents and affected juveniles can try to obtain an expungement, which means that they obtain a court order that hides the criminal record from the view of the public. However, a few select entities, such as the government, may still have access to expunged records.

Expunging the record means that the criminal record would not appear in a background check conducted by most individuals, and the affected individual would not have to disclose his or her expunged criminal history.

New Changes to the Law Concerning How Juveniles Can Seek Expungements

The trouble with obtaining a criminal record expungement in the past for a juvenile in Illinois was that there were many restrictions on how and when a juvenile could seek an expungement. However, in 2017 there will be several changes made to Illinois’ criminal justice laws. One change that has particular relevance to minors is how juveniles can seek expungement of their criminal records.

The new law provides that a person who is under the age of 18 years old can petition the court at any time to have his or her criminal record and juvenile court record expunged, or once the juvenile court proceedings against them related to the offense have concluded. The old law limited seeking expungement to juveniles who were 17 years old or older. Eligibility for the ability to petition the juvenile court for expungement is available to:

  1. Juveniles who were arrested, but no petition for delinquency was filed with the clerk of court against them, i.e., if the charges were dropped against the juvenile;
  2. Juveniles who were charged with an offense and a petition for delinquency was filed with the clerk of court, but the petition(s) were dismissed by the court without a finding that the juvenile was delinquent; i.e., the judge dismissed the case against the juvenile;
  3. Juveniles who were arrested and charged, but were not found to be delinquent by the juvenile court, i.e., the juvenile was found not guilty; 
  4. Juveniles who are placed under supervision of the court, and the juvenile’s period of supervision has been successfully completed; and
  5. Juveniles who are adjudicated for a low-level offense, such as a Class B misdemeanor, Class C misdemeanor, or petty or business offense.

It is important to have an experienced criminal defense lawyer fighting the juvenile charges against you so that you will be able to have the charges dropped or dismissed. Once your defense is won, you can seek an expungement of your juvenile criminal record.

Juveniles With Criminal Records Need Help With Expungement

A criminal record may prevent you from getting a job or getting into school. If you want to do something about getting your record expunged, you should contact an experienced Rolling Meadows criminal defense lawyer for immediate assistance.

Source:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=5017&GAID=13&SessionID=88&LegID=94377

Juvenile Offenders: Wearing Restraints During Court Appearances in Illinois

January 4th, 2017 at 1:31 pm

juvenile offenders, Rolling Meadows Juvenile Matters LawyerAll too many Illinois juveniles end up in the hands of the law after committing minor offenses. A minor might get caught in possession of marijuana, or prescription drugs, or might get arrested for driving under the influence of drugs or alcohol. Minors often wind up in trouble for theft and are charged with shoplifting, robbery and criminal trespassing.

Minors who are arrested and charged with these offenses have to be booked in to jail and then make an appearance in court. Juveniles who are charged with offenses need to get in touch with an experienced criminal defense attorney who has experience in juvenile matters.

One of the most upsetting and often embarrassing aspects of a juvenile’s court appearance for a criminal matter is having to appear before a judge in shackles. For nearly 30 years it has been customary for juveniles to wear restraints when making a court appearance, regardless of the nature of their alleged crime. The thought process behind this protocol is that it promotes courtroom safety and can protect the juvenile from hurting themselves and others. Minors often feel intimidated and humiliated by the experience, and what makes it worse is if the accused minor is actually innocent.

New Rule Changes Affect When Juveniles Are Shackled in Court

A new rule and an amendment to an existing rule are changing how juvenile cases are handled in court. These changes were largely supported by state and national juvenile advocacy groups. The new rules grant judges the authority to make decisions about whether low-level juvenile offenders really need to be marched into the courtroom while wearing restraints.

Supreme Court Rule 943, which was adopted on November 1, 2016, provides that juveniles who are minor offenders will not need to make their court appearances in shackles or restraints unless the judge has made a decision that such restraints are necessary to prevent harm, or reduce the risk of flight, or if the juvenile has a history of disruptive behavior. The judge’s decision must be made after a hearing has taken place on the issue. Amendments to Supreme Court Rule 941 make it so that these new rules regarding the shackling of juveniles apply to juvenile delinquency proceedings.

A case-by-case assessment of whether restraints are appropriate in any given case seems like a more logical approach to this issue. Twenty-three other states, and Washington D.C., have all adopted similar rules to address this issue as well.

Call The Law Offices of Christopher M. Cosley

Juvenile charges are serious and they can make a lasting impression on a young person who made a mistake. Juveniles end up in all kinds of trouble and when they do it is important to seek guidance and advice from an experienced criminal defense attorney. If someone you love is a minor who has committed a criminal offense, please do not hesitate to contact a dedicated Rolling Meadows juvenile matters lawyer immediately.

Source:

http://www.illinoiscourts.gov/supremecourt/public_hearings/rules/2016/070816_Proposal_15-05.pdf

New Illinois Bill Could Give Juveniles Quicker Detention Hearings

May 25th, 2016 at 8:44 am

Illinois detention hearings, Rolling Meadows Juvenile Matters LawyerJuveniles are just children or teenagers; they make poor choices from time to time, and they make mistakes. When young people are involved in minor crime, and arrested for it, their detention by police can place a terrible burden on the juvenile and his or her family. For the juvenile’s family, there is a sense of uncertainty and worry until a judge reviews the juvenile’s case. For the juvenile, detention can mean being locked up for a long period of time away from people he or she knows and loves.

Children and teens need love and support when they are in trouble, and isolating them away to wait for the review of their case can be stressful. Moreover, detaining teens for extended periods of time can be detrimental to their well-being. It can cause them to panic, worry, and fret incessantly. Detention can trigger severe emotional and psychological reactions, especially if the juvenile is generally a good kid who made a silly mistake, or foolishly listened to the bad advice or goading of his or her friends, which landed him or her in juvenile detention. It is unfair and unjust to unnecessarily force juveniles to be detained any longer than is absolutely necessary. Juveniles should be rejoined with their families and loved ones as quickly as possible.

Current Illinois Law Concerning Juvenile Detention Hearings

Under current Illinois law, 705 ILCS 405/5-415, juveniles may be detained for up to 40 hours before they are granted a detention hearing. That 40-hour time frame does not include weekends or court-recognized holidays. So, in effect, a juvenile could be detained for up to five days, given that an arrest was made on a Friday, and the juvenile is detained over a holiday weekend. In such a case, the earliest a juvenile could be granted a detention hearing is on the next Tuesday morning. Over 1,000 juveniles are detained for suspected criminal activity each year in Illinois, and approximately 25 percent of these juvenile detentions occur over a weekend.

Fortunately, the Illinois Senate is considering a bill that would expedite detention hearings for juveniles who commit minor, nonviolent crimes. Under the proposed bill, HB5619, juveniles charged with minor offenses would receive a detention hearing within 24 hours of being charged. This time period for review of the juvenile’s case would include holidays and weekends so that juveniles would not possibly be detained over a weekend or holiday. The House of Representatives has already approved the bill.

When Juveniles Need Legal Representation

Individuals who face criminal charges, no matter how severe and no matter what their age is, should consult with an experienced criminal defense lawyer. The consequences of a conviction, even as a juvenile, can have serious long-term consequences. If you have a juvenile who is in need of legal representation, please do not hesitate to contact a compassionate Rolling Meadows juvenile defense lawyer at our office. We are happy to help you today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-415

http://ilga.gov/legislation/99/HB/PDF/09900HB5619lv.pdf

When Minors Get in Trouble With Alcohol, You Need an Illinois Juvenile Offenses Lawyer

May 11th, 2016 at 10:29 am

minors with alcohol, juvenile offenses, Rolling Meadows Criminal Defense AttorneyYoung people are often curious about alcohol, and sometimes their curiosity can land them into trouble. Rather than wait until they reach the legal age of 21 to buy, possess, and consume alcohol, juveniles find ways to gain access to alcohol, in violation of the law. Minors do not always understand the risks that they are taking, as well as the potential consequences of possessing, consuming, or trying to purchase alcohol when underage.

As a general rule, it is illegal for a person under the age of 21 to possess or consume alcohol in Illinois. A minor who is caught violating the law can face being charged with a Class A misdemeanor along with the suspension of his or her driver’s license.

License suspensions can last for three months when a minor is issued court supervision, six months when the convicted minor is a first time offender, and up to a year for a second conviction. Any third or subsequent conviction for a minor in possession or consumption of alcohol will result in a revocation of the minor’s driver’s license.  

Minor in Possession

Many teens and their concerned family members are sometimes surprised when a minor is charged with possession in Illinois—the minor may not have been physically holding or physically in possession of the alcohol in question. The alcohol might be in a backpack or car trunk, or might have even been sitting on a table near the minor when a party was broken up by the police. However, possession exists in two forms: actual possession and constructive possession.

Actual possession is what many people understand as physically holding the alcohol in your hand or on your person (i.e., a bottle of alcohol in your pocket). Actual possession makes sense to a lot of people—if you are holding an alcoholic beverage, you are clearly in possession of it. Yet, many people have trouble understanding constructive possession.

Constructive possession is based on the possessor’s intent to remain in control or possession of the alcohol, even if he or she is not physically in possession of it at the moment. A case of beer could be in your trunk, or you could have set down your alcoholic beverage nearby, but you would still be considered to have constructive possession of the alcohol.

Is There Any Scenario Where Minors Can Have Alcohol?

There are limited exceptions to the law when minors can have access to alcohol. These limited exceptions include the following:

  • Minors can have alcohol if it is with their parent’s consent and supervision while in the privacy of their home;
  • Minors can have access to alcohol if the alcohol is part of a religious ceremony; and
  • Minors who are 18 years old or older, but are under the age of 21, can have access to alcohol if it is part of an educational course.

Let Us Represent Your Child

Underaged minors get into to trouble with alcohol all of the time, and it is unfortunate. The conviction of a minor in possession of alcohol could seriously impact your child’s future, and it is important to diligently fight the charges against you child. Please contact a Rolling Meadows criminal defense attorney immediately at our office. We will help your child throughout his or her case.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-20

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-20

Bullying and School Violence

October 12th, 2015 at 12:42 pm

Illinios juvenile crimes, Illinois defense attorney, Illinois criminal lawyer, Bullying in schools is a serious issue that many schools across the country are dealing with and is an issue that is under scrutiny by the public right now. On the one hand, it is important for children to be able to go to school and feel safe, but on the other hand, there is a concern that some children are overly sensitive and that overprotecting children might be doing them more harm than good.

Every school in Illinois is required by law to have a bullying prevention policy in place so that children have a place to learn where they feel safe. Schools not only are launching their own initiatives, but there is also government funding available for schools that make efforts to combat school bullying and other acts of violence in schools.

Where Are Students Protected from Bullying?

Illinois has laws directed to preventing bullying in schools, codified as 105 ILCS 5/23.7, which protects students from being subjected to bullying while a student is:

  1. In class;
  2. In a school-sponsored or school-sanctioned activity, event or educational program;
  3. On the school bus or other school vehicle;
  4. Waiting at a school bus stop for the bus;
  5. On school property; and
  6. Using school computers, networks or other similar electronic equipment belonging to the school.

What Constitutes Bullying under the Law?

Under 105 ILCS 5/23.7(b), “bullying” means any severe or pervasive act or conduct, which can be physical or verbal in nature, that is directed towards another student that could reasonably produce anyone of the following effects:

  • The student is placed in a state of reasonable fear concerning harm to him or herself or his or her property;
  • The student’s physical or mental health is detrimentally affected;
  • The student’s academic performance suffers; or
  • The student’s ability to participate in school is affected.

Bullying may take the form of threats, harassment, intimidation, physical violence, stalking, sexual harassment, sexual violence, theft, public humiliation, destruction of property and retaliatory-type actions. Bullying also includes cyber bullying, meaning anything that is written on a computer or electronic device or is communicated to another student through a computer or electronic device.

Accusations of Bullying

Your child might be facing allegations of school bullying by another student, or the school might be taking disciplinary action against your child for an alleged violation of the school’s bullying prevention policy. Not only could your child be facing disciplinary action from the school, such as suspension or expulsion, but if the allegations rise to the level of a criminal juvenile offense, your child could be facing serious criminal charges. This could be a huge injustice if the accusations against your child are false or inflated.

Call the Law Offices of Christopher M. Cosley

If your child gets in trouble at school for fighting or bullying, it is important that you take action immediately to preserve and protect your child’s rights. Please do not hesitate to contact a dedicated Rolling Meadows juvenile crimes lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to learn how we can be of assistance.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=010500050K27-23.7

Unlawful Transfer of a Telecommunications Device to a Minor

February 12th, 2015 at 9:11 am

Illinois criminal defense attorney, Illinois defense lawyer, Illinios drug crimes attorney, Most crimes are standalone crimes. However, there are some crimes that act as add-ons of a sort or as ways for the prosecution to try to punish someone not just for committing a crime, but also for the way in which he or she committed the crime. These additional offenses can increase the severity of the possible punishment for a crime, which makes it extremely important that you have the assistance of an experienced criminal defense attorney. One example of this sort of additional offense is a crime many have never heard of: unlawful transfer of a telecommunications device.

What is Unlawful Transfer of a Telecommunications Device?

From the name of this crime, it sounds like it might have something to do with defrauding a cell phone company or giving a kid a cell phone without his or her parents’ permission. While either of those activities can land you in hot water, they are not quite what this law is about. Under Illinois statute you are guilty of this crime if you transfer a telecommunications device (like a cell phone) to someone under the age of 18 with the intent that the device be used to commit a crime under the Illinois criminal code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. This crime is a Class A misdemeanor, which means you could be sentenced to a term in jail not to exceed one year. Property forfeiture is also a possibility. Thus, if one were to participate in a criminal enterprise of some sort with a minor and that person were to give the minor a cell phone or similar device in order to facilitate that criminal offense, the person could be charged both with that underlying crime and with this additional crime.

What Counts as a Telecommunications Device?

The most obvious type of covered device is a cell phone. But many other devices are also covered. Any device that is portable or that can be installed in a mode of transportation and that is capable of transmitting speech, data, signals, or other information is included. This means that pagers or beepers are covered, along with radio transceivers, transmitters, and receivers. It is worth noting that a radio designed to receive only standard AM and FM radio broadcasts is specifically exempted from the law.

Call the Law Offices of Christopher M. Cosley

When you are charged with a crime you need the help of an experienced Rolling Meadows criminal defense lawyer. Call the Law Offices of Christopher M. Cosley. When you call us at (847)394-3200 we will set up an appointment to go over the facts of your case and figure out how we can help.

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