Archive for the ‘criminal court’ tag
April 3rd, 2017 at 8:14 am
If you have been arrested and charged with burglary, you are most likely feeling scared and unsure about what you should do next. A few questions might run through your head, including:
- What is going to happen to you?
- Are you going to go to jail?
- What will court be like?
- Is there anything that you can do to fight your charges?
Being charged with a crime is overwhelming, and you likely do not have a background in criminal law. That is why you need an experienced burglary criminal defense lawyer to help you fight your charges. Your lawyer understands the criminal justice system and is familiar with what happens in criminal court. You need guidance and advice as you deal with your criminal charges, and a seasoned lawyer can help you.
What Constitutes Burglary and Residential Burglary in Illinois?
Under 720 ILCS 5/19-1, burglary is defined as when a criminal defendant enters property owned by someone else knowingly and without permission, and with the intent to commit a theft or a felony once inside the property. The property can include homes, garages, guest houses, apartments, sheds, and house trailers. However, it can also include vehicles like cars, boats, airplanes, and even railroad cars.
Breaking into someone else’s property to steal something or to commit a felony crime, like a sexual assault, aggravated sexual assault, aggravated battery, aggravated assault, second domestic battery offense, or stalking, most likely constitutes burglary.
Burglary in and of itself is a Class 2 felony, which means that you will face felony level punishment for your felony level offense if you are convicted. But it is important to note that there is a distinction between burglary and residential burglary. Residential burglary involves the same elements as burglary except the property that is burglarized must be a home or dwelling and is codified under 720 ILCS 5/19-3. Residential burglary is a Class 1 felony.
Since burglary and residential burglary are felony offenses, it is critical that you have an experienced criminal defense lawyer to help you fight your charges. A conviction for burglary most likely means significant jail time and a hefty fine, and you will undoubtedly be burdened with a criminal record that can haunt you for years to come. That is why it is so important that you work with a criminal defense lawyer to fight your burglary charges.
What Can Happen if You Are Convicted?
If you are convicted for burglary, you will more than likely face jail time, although it could be possible to be placed under court supervision, which means you will not go to jail. It is critical to work with a criminal defense lawyer to present your strongest possible defense and mitigating circumstances to the court. While the goal is to get the charges dismissed, getting reduced charges or a reduced sentence could also be a good strategy for your criminal defense case.
Reach Out to Us Today for Help
A burglary charge in Illinois is a serious matter. Do not go up against your charges without the help of a lawyer. Please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney immediately for help with your case.
August 3rd, 2015 at 10:44 am
Both the United States and Illinois have two different justice systems: the criminal justice system and the civil justice system. When you are charged with a criminal offense your case is supposed to be handled in the criminal justice system. However, over time some of the important distinctions between the two have become blurred. This is particularly clear when it comes to so-called victims’ rights provisions, like those found in the Illinois Constitution.
The Traditional Difference between the Criminal and Civil Justice Systems
The criminal and civil justice systems are different. The civil justice system is wherein civil lawsuits are filed by ordinary individuals. This system exists to address grievances that exist between private people, between a private person and a company, or between two companies. In contrast, the criminal justice system is meant to have nothing to do with private wrongs. Within the criminal justice system, a person may be accused of committing a crime against the state. That is why these cases are prosecuted by a “state’s attorney” rather than some private attorney hired by the accuser or his or her family. Each system has its own burden of proof and its own mechanism of justice. While in the criminal system, imprisonment is available if a person is found guilty, in the civil system the liable person is held responsible by being ordered to pay money to the injured person.
A Convolution of the Systems: The Victims’ Rights Provisions
Serious crimes can have long-term or even permanent effects on crime victims and their families. No one denies that, and that is part of why the civil justice system exists: for those people to get a day in court and to potentially obtain justice where it is appropriate. However, the criminal justice system in Illinois has become victim-centric as well. Well-meaning voters and legislatures have enacted laws and constitutional provisions that protect “victims’ rights.” These provisions have given accusers rights to impact the freedom of the defendant before he or she has even been found guilty of a crime. These provisions commonly act as a reason to keep the accused (and presumed innocent) defendant locked up before a trial has even been held or guilt determined. This does not only hurt the defendant, however. It also leads to jail overcrowding that is expensive for taxpayers and dangerous for the men and women who work in our prison systems. It also encourages people to plead guilty who may not be guilty, as a guilty plea can all too often lead to a faster release than a not guilty verdict due to bail policies designed to make crime victims feel satisfied rather than to serve the purpose of bail; that is, to insure the defendant’s appearance in court. Accusers are not parties in criminal cases, so giving them so much control in these cases is inappropriate and detrimental.
Call the Law Offices of Christopher M. Cosley
If you or someone you love has been charged with a crime, you will need the help of an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. Call us today at (847)394-3200. We will advocate for you and fight for a positive outcome in your case. The prosecution has the power of the entire state on its side; you deserve to have an experienced advocate on yours.