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Archive for the ‘criminal charges’ tag

Understanding State and Federal Racketeering Laws

October 27th, 2017 at 1:29 pm

criminal charges, federal racketeering laws, racketeering, Rolling Meadows criminal law attorney, RICO offenseIf you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney. Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.

If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will be ordered to provide financial restitution to any victims.

Overview of Racketeering

Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.

Examples include:

  • Producing counterfeit consumer goods;
  • Bank fraud;
  • Laundering money;
  • Bribing an athlete or other individual participating in a sporting event; and
  • Tampering with a witness in a criminal case.

In Illinois, if convicted of a crime where the RICO Act was implicated, you could face between one and 20 years in prison, along with being ordered to pay up to $250,000 in fines. The extent of the penalties is typically influenced by your previous convictions, if any, the scope of the racket and amount of money stolen or laundered, the amount of attention the case received from the press, and any other circumstances that may have a bearing on the case.

Defenses That Can Be Used to Combat a Racketeering Charge

If you are charged with a RICO offense, do not assume that the government will obtain a conviction. The standard the prosecution must meet in order to convict you is “beyond a reasonable doubt.” Basically, beyond a reasonable means that the prosecutor must present such compelling evidence that there is no other reasonable explanation that can be derived from the specific facts of your case other than you are guilty of the crime. The threshold is this high because there is a presumption of innocence when someone is charged with a crime.

Your Rolling Meadows racketeering defense attorney needs to work diligently to build your case and raise some, or call, of the following defenses:

  • Having evidence excluded if it was illegally obtained by police (also known as fruit of the poisonous tree doctrine);
  • Introducing evidence that you had no knowledge of the illegal racket
  • Raising reasonable doubt of your guilt

Speak to a Rolling Meadows Racketeering Defense Lawyer Today

As you can see, racketeering charges are quite serious and necessitate having top-notch legal representation. That is why you need to contact a passionate Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley. Let us help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+33G&ActID=1876&ChapterID=53&SeqStart=90000000&SeqEnd=91000000

Illinois Innocence Project

June 7th, 2017 at 7:00 am

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

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

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

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

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

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

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

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

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

Source:

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

Leaving the Scene of a DUI Accident Can Lead to More Charges

April 7th, 2017 at 9:29 am

DUI Accident, Rolling Meadows Criminal Defense AttorneyCountless people in Illinois get behind the wheel while under the influence of alcohol or drugs, despite knowing that driving under the influence is illegal. A driver may think that he or she is sober enough to drive or will not get caught. However, if you are caught, you will quickly find out that Illinois law enforcement does not take DUI very lightly.

Police are often harsh on drivers who are intoxicated behind the wheel and they will often look for ways to stack up as many criminal charges against an intoxicated driver as possible. But in some situations the driver actually gives the police good reason to add on additional criminal charges.

Extra Charges When the DUI Results in An Accident

If you are driving under the influence and you cause an accident, either a single vehicle accident or an accident involving another vehicle, when police arrive at the scene, they will look for every way that they can to charge you with criminal charges in addition to your DUI. For instance, if an accident was the result of your speeding or reckless driving, police will charge you with DUI, in addition to a reckless driving or speeding charge.

Tacking on Charges When Leaving the Scene of An Accident

Sometimes a driver involved in a DUI accident might decide that he or she should leave the scene of the accident in order to protect himself or herself from being arrested. For instance, this is common when a drunk driver hits a parked car. The intoxicated driver might leave the scene of the accident, thinking that because no one saw the accident there will be no liability. This is very far from the truth.

Hitting a parked car and then leaving the scene of the accident is a hit and run. Once the owner of the parked car discovers that his or her vehicle was involved in a hit and run accident, he or she will report the accident to police and the police will investigate. You could very well be identified as the culprit if the police are able to successfully conduct their investigation. You could be charged with DUI, leaving the scene of an accident, and hit and run.

If the accident involved another vehicle and you try to flee the accident scene before the police arrive, you will face additional charges as well. On top of your DUI charge, you will be charged with leaving the scene of the accident, and could be charged with other offenses based on the circumstances of the accident. For instance, if you left someone injured at the accident scene and you did not try to help that person, you could be further charged with failure to render aid.

Contact Us Today for Help

Driving under the influence charges are serious, and your situation can get far worse if you leave the scene of an accident. Even if you know that you are likely to be charged with a DUI if you stay, it is important that you stay until police arrive if you have been involved in an accident. Dealing with the DUI is one thing, but the additional charges that can be tacked on against you if you leave the scene of an accident can make things much worse for you. Furthermore, it is in your best interests to contact a skilled Rolling Meadows criminal defense attorney for help with your case.

Sources:

http://ilga.gov/legislation/ilcs/documents/062500050K11-403.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Why it is Important for Criminal Defendants to Show Up to Their Court Dates

March 15th, 2017 at 7:31 am

criminal defendants court date-Rolling MeadowsIf you have been arrested and charged with a crime in Illinois, it is imperative that you appear in court for all of your scheduled court appearances. You may think that it is unnecessary, or that the court has already made up its mind and you showing up will have no bearing on your fate. However, a failure to appear in court is a big deal for a criminal defendant in Illinois and it can have serious and unpleasant consequences.

Best and Worst Case Scenarios

If you have been charged with a crime, you are already in a pretty tough situation. It makes no sense to do something that could make your situation worse. Not appearing for a scheduled court date will not bode well with the court. It is considered disrespectful and rude to miss your scheduled court appearance. The judge, the prosecutors, and your attorney have all made the time to show up to your hearing, and you should show up too. But what could happen if you fail to appear in court?

When it comes handling situations where a criminal defendant fails to appear in court,  the judge has great discretion. In the best case scenario, the judge will presume there is a good reason why the defendant has not appeared in court. For instance, if there is unexpected and bad winter weather it is likely that the defendant could not make his or her court date because of the snow. The judge could simply reschedule the hearing—but this is unlikely. Many judges take offense to being stood up by criminal defendants. What is more likely to happen is that the judge will take some sort of action against you for failing to appear for your scheduled court appointment.

It is not uncommon for a judge to revoke a criminal defendant’s bond, meaning that if the criminal defendant is out of jail because he or she made bond, the judge will take away the criminal defendant’s option to be out of jail on bond, and the criminal defendant will be forced to return to jail. This is usually accompanied by the judge issuing a warrant for the criminal defendant’s arrest.

When the offenses that the criminal defendant is facing are relatively minor, such as the case when the defendant does not show up to a traffic court appointment after receiving a traffic citation, the judge could simply find the defendant guilty as charged.

Work With Your Criminal Defense Lawyer

If you have been arrested and charged with a criminal offense in Illinois, it is important that you get into contact with an experienced Rolling Meadows criminal defense lawyer as soon as you can. You should work closely with your lawyer. Moreover, if you are concerned that you might not be able to make a court appearance, you should discuss your situation with your lawyer.

Source:

https://www.isba.org/sites/default/files/Media%20Law%20Handbook%20Chapter%2006%20-%20Criminal%20Procedure.pdf

Specific Intent Crimes

July 19th, 2016 at 11:46 am

Specific Intent CrimesSome crimes in Illinois are referred to as “specific intent” crimes. These crimes require that the criminal defendant have the specific intent, or a particular state of mind, to do something in order to make a conviction of a criminal defendant for the crime. To think of this another way, the criminal defendant must have had a specific state of mind, or purpose, that was the reason behind committing the crime. The specific requisite intent is often defined in the criminal statute that governs over any particular specific intent crime that a defendant is charged with.

The good thing about specific intent crimes is that the prosecution has the burden of showing that the criminal defendant had the requisite state of mind that is needed to commit the alleged crime. Proving the necessary specific intent for a crime is often the prosecution’s weakest link in their case against the criminal defendant, as it is difficult to prove a person’s state of mind. Sometimes the prosecution’s whole case will turn on proving the requisite intent element of a crime, and the prosecution may only have circumstantial evidence to support its position. A skilled criminal defense lawyer can fight the prosecutors by attacking the weakest aspects of their case.

What Are Some of the Specific Intent Crimes in Illinois?

There are several specific intent crimes under Illinois law. Indeed, these types of crimes include:

  • Theft: In order to obtain a theft conviction, the criminal defendant must have the specific intent to deprive the rightful owner of the property of possession or use of the item that is stolen.
  • Theft by deception: The criminal defendant must have the intent to defraud or steal from the victim through an act of deception.
  • Burglary: For a burglary conviction, the criminal defendant must have the intent to carry out a felony or theft upon knowingly entering or remaining in a dwelling or building without authorization to be there.
  • Residential burglary: Again, the criminal defendant must have the intent to carry out a felony or a theft inside a dwelling where he or she is not authorized to be.
  • Battery and aggravated battery: The criminal defendant has to have the intent to cause serious bodily harm to the victim of the battery.
  • Attempt of committing a crime: Attempt charges require that the criminal defendant had the intention of committing a crime, but either failed or was unable to successfully commit the crime.

When the prosecution is unable to demonstrate that the criminal defendant had the requisite specific intent that is necessary to be convicted of the crime, the charges will be dismissed. It is important to work with an experienced and skilled criminal defense lawyer who knows how to attack the specific intent aspect of criminal charges in your defense.

When You Need a Criminal Defense Lawyer

Anyone who is facing criminal charges in Illinois, for theft, burglary, battery, or any other crime should get in touch with a seasoned and experienced Rolling Meadows criminal defense lawyer. Our attorneys are eager to assist you with your case today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=36500000&SeqEnd=39200000

Understanding Diversion Programs

July 5th, 2016 at 12:39 pm

Diversion ProgramsDiversion programs are alternative prosecution programs that are available to many first-time offenders who have committed nonviolent felonies or misdemeanors and are being prosecuted in Cook County. These programs are designed to help first-time offenders avoid criminal convictions and jail time by participating and completing diversion programming. Through participation in the program, those first-time offenders who otherwise would have become convicted criminals are given the opportunity to receive treatment and to contribute to their communities. Additionally, upon the successful completion of their diversion programming, the criminal defendant’s criminal charges will be dropped.

Eligibility for Diversion Programming In Cook County

The Assistant State’s Attorneys identify criminal cases where the defendant may be a good candidate for the diversion program. These defendants are notified and offered an opportunity to participate in the program. If the defendant is interested in participating in a diversion program then the Assistant State’s Attorneys will determine if the remaining eligibility criteria can be satisfied.

There are certain eligibility requirements for Cook County’s diversion programs. These requirements include:

  • The criminal defendant must be an adult charged in Cook County;
  • The criminal defendant must be a first time offender, meaning that he or she cannot have any previous felony or misdemeanor convictions for a crime involving violence.;
  • The charges pending against the criminal defendant must be nonviolent felony or misdemeanor charges. Eligible criminal charges include:
    • Retail theft;
    • Theft;
    • Fraud, credit card fraud, and ID fraud;
    • Forgery;
    • Counterfeiting;
    • Disorderly conduct;
    • Burglary; and
    • Drug possession;
  • The charges cannot be for:
    • DUI;
    • Weapons offenses; and
    • Domestic violence charges;
  • The victim of the crime must consent to the criminal defendant’s participation in a diversion program.

How Does the Program Work?

The Cook County diversion program places certain conditions and requirements on the criminal defendant based on their offense and their particular situation and the program lasts for 12 months. For instance, one participant in the program might have been a first-time drug possession offender. This criminal defendant’s diversion program might require that the defendant participate in and complete a drug rehabilitation program.

Some other examples of conditions of a diversion program include:

  • The requirement that the criminal defendant get a job;
  • The requirement that the criminal defendant earn a GED;
  • Participation in a drug or alcohol rehabilitation program;
  • Restrictions on the criminal defendant’s possession of weapons, drugs, or firearms while participating in the program; and
  • Refraining from reoffending.

First Time Offenders Need A Criminal Defense Lawyer

If you are a first-time offender it is important that you pursue a diversion program if you are eligible. Participation and completion of a diversion program will result in your charges being dropped, meaning that you will not have a criminal record. An experienced Rolling Meadows criminal defense lawyer can help you determine if you are eligible for diversion programming, can work through the pros and cons of applying for a diversion program, and can assist you with the application process.

Source:

http://c.ymcdn.com/sites/www.nwsba.org/resource/resmgr/imported/
Cook%20County%20States%20Attorneys%20Office%20Deferred%20Prosecution%20Program.pdf

 

What is a Plea Agreement in an Illinois Criminal Case?

June 20th, 2016 at 6:22 pm

Illinois plea agreement, Rolling Meadows Criminal Defense LawyerCriminal defendants have a choice when facing criminal charges: they can either fight the charges in court, or they can enter into a plea agreement. In many cases, it is in a criminal defendant’s best interest to fight the charges that they are facing. By fighting the charges, it is possible to have the charges reduced or dropped entirely.

However, there may be a situation where it is in the best interest of the criminal defendant to enter into a plea bargain with the prosecution, with the help of a skilled and seasoned criminal defense lawyer, to reach an agreement that results in lesser charges or lesser sentencing for the criminal defendant.

Nearly all criminal charges can be settled with a plea deal. In fact, a majority of criminal cases are resolved through a plea agreement. Plea bargaining is an effective means for resolving a case, which saves on time, court costs, and attorney fees. A plea agreement can provide certainty in the situation, and can be a great tool for reducing sentencing or avoiding jail time, especially when the criminal defendant was undeniably guilty of the crime.

Plea bargaining can be available in all types of criminal cases, including:

  • Drug offenses;
  • Assault and battery charges;
  • Theft crimes;
  • Fraud charges; and
  • Drunk driving crimes.

Why Would a Criminal Defendant Ever Choose a Plea Agreement?

It is imperative that you consult with a criminal defense lawyer before you choose to go down the path of a plea bargain. A plea bargain generally involves admitting some amount of guilt, and thus generating a conviction and creating a criminal record based on that crime. There are a number of good reasons that criminal defendants choose to enter into a plea agreement. These reasons include:

  • Reduction of sentencing;
  • Reduction of the charges;
  • Quick resolution of the criminal proceeding;
  • Avoidance of jail time;
  • A plea agreement provides certainty, whereas a trial is up to a jury; and
  • Avoidance of unwanted publicity of the case (the news media can report on criminal cases before the court, and a criminal defendant might want to avoid the media spotlight).

If you think that a plea agreement is a good idea for you, you should ask a lawyer just to make sure that you are making a good decision. Your lawyer can go over the benefits and consequences of entering into a plea agreement and can offer you legal advice on how you should proceed in your case. Even if you do not like what your criminal lawyer has to say, the choice is still up to you. If you do choose to enter into a plea agreement, your criminal lawyer can negotiate on your behalf.

Is a Plea Agreement Right for You? Ask a Lawyer

If you have the opportunity to enter into a plea bargain, you should consult with an attorney first. You need to understand the benefits of a plea agreement, but also the potential consequences you might face in your particular situation. Our skilled Rolling Meadows criminal defense attorneys can help you. Reach out to us today for a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-5-6

The Difference Between Trespassing, Home Invasion, and Burglary in Illinois

March 9th, 2016 at 8:23 am

trespassing, home invasion, burglary, Illinois Criminal Defense LawyerIllinois law takes a firm stance on protecting a person’s home and property from the unwanted intrusion of others. Indeed, Illinois has a number of laws intended to protect people from others. Specifically, Illinois law provides for criminal charges for trespassing, home invasion, and residential burglary. The consequences associated with each of the above crimes are serious, and criminal defendants who are facing these charges need to have a thorough understanding of what the differences are between these crimes.

Trespassing

Trespassing occurs when a person knowingly enters the property of another without permission. When someone enters or remains in another’s home, it is considered criminal trespassing to a residence, under 720 ILCS 5/19-4. Trespassing can occur by entering another’s yard or property, and residential trespassing could occur if someone entered the home of another or overstayed his or her welcome as a guest.

Home Invasion

A home invasion, under 720 ILCS 5/19-6, occurs when someone enters or remains in an inhabited dwelling without permission and causes injury or threatens to cause injury to the inhabitants. It can be considered home invasion if the invader has a gun or other weapon that he or she uses to threaten the inhabitants of the home. It can also be considered home invasion if the invader commits a sexual crime against an inhabitant of the home.

The inhabitants of the dwelling must be home at the time of the crime in order for it to be a home invasion. If the inhabitants are not home, the charges could be different if the person is caught, based on what he or she does in the home upon entry. If he or she simply leaves after learning that no one is home, the charges could be reduced to trespassing. However, if he or she intends to commit a felony or to steal something, then the person could be charged with residential burglary.

Residential Burglary

Residential burglary, under 720 ILCS 5/19.3, occurs when a person knowingly and without permission enters a dwelling of another with the intention of committing a theft or a felony. Breaking into a home where people are living in order to steal something rises to the level of a residential burglary. But a residential burglary can quickly turn into a home invasion if the burglary goes awry and one of the inhabitants of the dwelling is in the home at the time of the burglary. If the inhabitant confronts the burglar and the burglar causes injury or threatens the inhabitant, the crime can quickly change from a residential burglary to a home invasion.

Contact Us for Assistance

Trespassing, home invasion, and residential burglary are all serious criminal charges, and it is important that you fight any criminal charges that you are facing. Please contact a Rolling Meadows criminal defense attorney immediately to discuss your case. Our dedicated attorneys are happy to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

How a Parent’s Criminal Record Impacts a Child

February 4th, 2016 at 8:33 am

parent's criminal record, Rolling Meadows Criminal Defense AttorneyMany people who are facing criminal charges are focused on how their charges could affect their life. A criminal conviction could mean going to jail, paying a large fine, rehabilitation, losing a job, creating a criminal record, etc. However, when the criminal defendant is a parent, the outcome of their case could have a significant impact on their child in addition to themselves. Not only are there short-term consequences, such as being unable to be there and provide for the child due to incarceration, but there are also unforeseen long-term consequences as well.

A Criminal Record is Not Just Hard On You

When you have kids, they rely on you for more than meets the eye. Not only do children financially depend on their parents, but they also rely on their parents as a source of love, affection, attention, guidance and support. When even just one parent is not around, for instance because the parent is in jail, it can be exceptionally hard on a child.

The Center for American Progress recently issued a report that focused on the various impacts that criminal charges, even merely misdemeanor charges, can have on children and families. The report explores the consequences a criminal record can have on two generations: the parent who has the criminal record and his or her children. Little attention is given to how the challenges that the parent faces due to his or her criminal record trickle down to the child as the child grows up. Barriers that the parent faces because of the criminal record are also faced by the child, as well

The report noted that approximately 300,000 children in Illinois are adversely impacted by their parent’s criminal record, and across the country nearly half of all American children have at least one parent with a criminal record. Criminal background checks are performed by colleges, employers and landlord, all of which are important to gaining upward mobility and increasing one’s chances to obtain a better living. Because parents are not able to overcome certain barriers due to their criminal record, their children are negatively impacted.

A criminal record can make life challenging. Not only can a criminal record prevent a parent from getting a job, it can also prevent the parent from getting a better job, or moving up economically. A criminal record can prevent a parent from getting an education, or participating in training programs that could lead to better job prospects in the future. Poor job prospects in turn impacts the family’s income potential, which also affects the family’s ability to save money or to spend money on things that could enrich a child’s life. When a family has difficulty obtaining income, it forces the family to make sacrifices and endure hardships.

Call Our Office for Help

A criminal record affects more than just you and your life, it can also have a significant impact on your family and your children. An experienced Rolling Meadows criminal defense attorney can help you fight the charges you are facing. Please contact us today for more information on how we can assist you throughout your case.

Source:

https://www.americanprogress.org/issues/poverty/report/2015/12/10/126902/removing-barriers-to-opportunity-for-parents-with-criminal-records-and-their-children/

Criminal Defenses: Having an Alibi for Criminal Accusations

December 21st, 2015 at 4:51 pm

Illinois defense lawyer, Illinois criminal attorney, Illinois criminal justice system, Criminal charges are based on some sort of evidence that was found at the scene of the crime, that tends to point to a particular person. The evidence might not necessarily confirm that a suspect committed the crime, but the evidence suggests that the suspect has some relationship to the crime, such as having been present at the scene of the crime at some point in time or that the suspect had ties to the victim, etc. Alibis are a powerful tool for criminal defense as they can refute criminal accusations.

What Are Alibis?

When a suspect has an alibi, it means that the suspect was somewhere else, doing something else, or was with someone else at the time the alleged crime was committed. A valid and confirmable alibi provides evidence that the suspect/defendant is not the person who committed the crime because he or she was somewhere else or doing something else. An alibi is not an affirmative defense in Illinois, meaning even if the criminal defendant can prove the alibi, the jury is still tasked with making the decision as to whether to convict or not. However, a strong alibi is difficult for the prosecution to refute and the jury to ignore.

Evidence to Support an Alibi

Evidence of an alibi can vary depending on what the alibi is and who or what can be used to prove it. A few types of evidence that are helpful in supporting an alibi include:

  • Video footage or photographs of the defendant somewhere else at the time of the crime. Time stamped security tape or surveillance footage from businesses or other establishments is often used to support an alibi. Video and photographic evidence is good for an alibi because it is objective evidence – short of a forgery, video footage and photographs do not lie;
  • Documentary evidence of the defendant being somewhere else. When a defendant can provide documentary evidence that he or she was somewhere else it helps to support the alibi. Receipts, intake records (if defendant was admitted to a hospital, or other institution), telephone and GPS location records, and credit card swipe records can show that the defendant was somewhere else at the time the crime was committed. Documentary evidence is good for alibis since it is usually impartial and objective evidence; and
  • Witness testimony supporting the alibi. Many criminal defendants offer an alibi through witness testimony. This evidence is most powerful when the witness is a person who was with the criminal defendant at the time of the crime. The more witnesses who can vouch for the defendant’s whereabouts, the better. Witnesses are subjected to examination and cross-examination while on the stand, so a witness that does not know the defendant, i.e., doesn’t have a personal relationship with the defendant, is going to be a stronger witness than someone who has a relationship with the defendant. An unbiased witness is good for an alibi. A witness that is close to the defendant might be biased and there are more opportunities to discredit a witness that is close to the defendant.

When a criminal defendant plans to use an alibi as a defense, the prosecution must be notified of the defense’s intentions. Asserting an alibi as a defense to an alleged crime shifts the burden of disproving your alibi to the prosecution. The prosecution must do so beyond a reasonable doubt.

Call the Law Offices of Christopher M. Cosley

If you are facing criminal charges and you have an alibi, you will need to consult with an experienced criminal defense attorney. Your lawyer can discuss what options are available to you. Please contact a passionate Rolling Meadows defense attorney immediately at the Law Offices of Christopher M. Cosley. Our phone number is 847-394-3200.

 

Source:

http://www.illinoiscourts.gov/supremecourt/rules/art_iv/artiv.htm

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