Archive for the ‘criminal offense’ tag

Driving on a Suspended License in Illinois Can Mean Big Trouble

March 22nd, 2017 at 7:59 am

suspended license, Rolling Meadows Criminal Defense LawyerAfter your driver’s license has been suspended, either for racking up too many points for traffic violations or getting a DUI, there can be many pressures to continue driving without a license. It may be difficult to find alternative transportation to your job or to school. Or, taking public transit may be a challenge. You may be concerned about asking your friends or family to drive you because you do not want to be an inconvenience. However, if the state has suspended your driver’s license and you choose to continue driving despite being legally stripped of your driving privileges, you can face serious consequences if you are caught by law enforcement.

Driving on a suspended driver’s license is a criminal offense in Illinois under 625 ILCS 5/6-303. The charges are usually a Class A misdemeanor, but you could possibly be charged with a felony under certain circumstances. Whether you are charged with a misdemeanor or a felony will depend on the reason why your driver’s license was suspended in the first place.

There Are Serious Consequences for Driving on a Suspended License

Driving on a suspended license is not a small offense like a traffic ticket. It is a criminal offense that could put you in jail and could saddle you with a large fine. It also means that you might be sentenced to do community service and you will have a criminal record. It is possible that it could also take even longer to get your driving privileges reinstated because the Secretary of State will extend your driver’s license suspension period if you are convicted of driving on a suspended driver’s license. There is also the chance that your license could be permanently revoked.

There are other consequences that go along with a driving on a suspended license conviction. For instance, if the offense was a felony level offense, it could prevent you from voting, getting certain jobs, running for political or governmental office, getting certain business licenses, and even owning a gun.

There are nuances in the law and certain rules and procedures that need to be followed as you try to get your driver’s license reinstated. An experienced license reinstatement attorney can be a huge help in making sure that you do not make any mistakes that could make your situation worse. Do not take a chance by not having legal representation. Contact a lawyer as soon as you can to help you handle this matter.

Speak with a Driver’s License Reinstatement Lawyer About Getting Your License Back

If you have had your driving privileges suspended by the state of Illinois, then you need to look into getting your driver’s license reinstated. An experienced Rolling Meadows criminal defense lawyer can help you get everything in order to your driver’s license back as soon as you possibly can.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

Retail Theft: Long Term Impacts of a Conviction for a Crime of Moral Turpitude

March 8th, 2017 at 10:43 am

retail theft-Rolling MeadowsThere are certain types crimes in Illinois that are considered crimes of moral turpitude. This means that the actions involved in committing the crime run counter to society’s sense of morals. Generally speaking, crimes of moral turpitude involve acts of deception or deceit, and reflect poorly on one’s character or trustworthiness. Examples of crimes that are considered crimes of moral turpitude in Illinois include:

  • Retail theft;
  • Assault;
  • Aggravated battery;
  • Stalking;
  • Driving while under the influence of alcohol; and
  • Burglary.

Many people who commit forms of retail theft often do not think very deeply about the potential consequences they could face if caught and prosecuted under the law. Since no one is physically harmed by the crime of retail theft, many do not think of it as a serious offense or that a conviction could have a long-term impact on their life.  

What Are Some of the Consequences of a Conviction for a Crime of Moral Turpitude?

If you are convicted of a crime of moral turpitude, you will face a number of additional consequences above and beyond the jail time and fine associated with your criminal conviction.

  • You Could Face Deportation. A conviction for a crime of moral turpitude can have very serious impacts on someone who is not a United States citizen. A criminal conviction can mean that you will be deported and barred from reentering the country in the future. Similarly, lawful permanent residents can also be deported if they are convicted of a crime while in the U.S.
  • You Could Have Trouble Securing a Job. If you have a criminal record that lists a crime of moral turpitude, it is likely that prospective employers might think twice before hiring you. It might be very hard to secure employment in certain industries, such as banking.
  • You May Face Challenges Getting into School or Getting Licensure. A criminal conviction for a crime of moral turpitude tarnishes your image and can make it difficult to get into certain educational or vocational programs. Furthermore, there are several professional licensing agencies and boards that might refrain from granting you licensure, despite your qualifications because you have a criminal history for a crime involving moral turpitude.

Your best chance of getting through the aftermath of an arrest for retail theft is to work closely with an experienced Illinois criminal defense lawyer to build your strongest possible defense. If you and your lawyer can get the charges dropped or reduced, you will not be convicted and you can avoid deportation, jail time, hefty fines, and other long-term impacts of criminal convictions.

Let Us Help You with Your Case

Retail theft is a serious offense despite the fact that no one suffers any physical harm as a result of the crime. But when you steal something it is an act of dishonesty and a crime of moral turpitude. If you are facing retail theft charges, you need the help of an experienced Rolling Meadows retail theft lawyer.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=39200000&SeqEnd=39700000

Getting a Ticket for Leaving the Scene of an Accident in Illinois

February 15th, 2017 at 9:01 am

leaving the scene of an accident, Rolling Meadows Criminal Defense AttorneyAll too many people find themselves ticketed for leaving the scene of an accident in Illinois, and these drivers fail to understand that leaving the scene of an accident is not just a traffic violation—it is a criminal offense. As such, it is important to consult with an experienced criminal defense attorney if you have been ticketed for leaving the scene of an accident in Illinois. A skilled lawyer will be able to identify any potential defenses you have and will work hard to fight the charges that are pending against you.

There are several reasons why someone might leave the scene of an accident. For instance, you might panic because you do not know what to do. Or, you might leave because you think that there is nothing for you to do about the situation, such as when you accidentally hit a parked car and have no way to leave contact information and have no way to reach the driver of the vehicle you hit.

Sometimes drivers flee the scene of an accident because they are worried about facing other criminal charges in addition to the accident if police show up at the scene, such as driving under the influence of drugs or alcohol or reckless driving charges.

What Are Your Obligations if You Are Involved in a Motor Vehicle Accident?

Under 625 ILCS 5/11-402, leaving the scene of an accident in Illinois is illegal. If you are involved in a motor vehicle accident, you are supposed to stop immediately and remain at the scene until you can provide contact information (including providing your name address vehicle registration number and the name of the owner of the vehicle if it does not belong to you) to the affected parties, and/or until you render the appropriate aid for the given situation. In some situations, this could mean having to remain at the scene until law enforcement and/or emergency personnel arrive at the scene. You are also required to report the motor vehicle accident to the appropriate authorities under 625 ILCS 5/11-403 and you have 10 days to report the accident to the Illinois Secretary of State.

What Are the Consequences of Leaving the Scene of an Accident?

A conviction for leaving the scene of an accident is a misdemeanor, which can leave you with a criminal record, jail time, a fine, and a lengthy probation period. Additionally, a conviction for leaving the scene of an accident can result in long-term consequences as well. For instance, your driving privileges could be suspended or revoked and having a leaving the scene of an accident conviction on your record could prevent you from getting certain types of jobs in the future, especially if those jobs involve driving.

Consult With a Criminal Defense Lawyer Now

You should consult with an experienced criminal defense attorney if you have been charged with leaving the scene of an accident in Illinois. The potential consequences of a conviction are numerous, and you need to do everything that you can to help protect yourself and your rights.  Working with a passionate Rolling Meadows criminal defense attorney who has years of experience handling these types of cases would be to your benefit.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

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

The Impact a Few Traffic Violations Can Have on Your Visa Status

October 13th, 2016 at 7:00 am

traffic violations, visa-status, Rolling Meadows criminal defense lawyerForeign nationals who wish to come to the United States, either for work, school, or another purpose, gain entry through a visa. A number of different types of visas are awarded based on the reason for the foreign national’s stay in the United States. However, there are also many restrictions on visas. If these restrictions are violated, one’s visa can be revoked by the U.S. government. For instance, a visa can be revoked if the visa holder is convicted of committing a crime in the United States.

Barred From Re-entry Into the U.S.

Being convicted of a criminal offense in the United States is often a violation of the terms of your visa. Therefore, if you leave the country and try and return to the United States, you will most likely be barred from re-entry into the United States by immigration officers at the airport, or via your port of entry. Moreover, you could be denied entry into the United States for years.

Even Too Many Traffic Offenses Can Result in Visa Revocation

Traffic violations are common minor offenses. However, each time you pay a traffic ticket without fighting it, you are effectively admitting your guilt to the alleged traffic violation. This is the same as if you were convicted for your traffic violation. Convictions for traffic violations result in points being added to your driver’s license. When you accumulate too many points on your driver’s license, your driving privileges are suspended and you are no longer permitted to operate a motor vehicle. Operating a motor vehicle while on a suspended driver’s license is a serious criminal offense and can result in the revocation of your visa.

Foreign nationals who obtain a visa for entry into the United States generally do so with a purpose, such as for the purpose of attending school or to get a U.S. job. Hence, it is critically important for these individuals to maintain their visa status. Anyone who is a visa holder and has been charged with a traffic violation needs to consult with an experienced criminal defense attorney as soon as possible. Fighting your traffic citation is the best chance that you will have to get the charges against you reduced or even dropped completely so that you can remain in the United States on your visa.  

Receive a Traffic Ticket While on a Visa? Get a Lawyer

If you have received a traffic citation, it is essential to consider if it is in your best interests to fight the ticket. Please contact a skilled Rolling Meadows criminal defense attorney at our firm and let us assist you throughout each step of your case. Call 847-394-3200 today.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf