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Archive for the ‘juvenile crimes’ tag

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

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

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

Weapons in Schools: When Children Exercise Poor Judgement

October 21st, 2015 at 7:43 am

Illinois juvenile crimes attorney, Illinois defense lawyer, Illinois criminal lawyer, Weapons in schools is an issue that teachers, professors, principals, and school districts do not take lightly, and often any student who brings a weapon into the classroom faces severe consequences for this juvenile offense. A school can be any place of learning, which includes public and private educational institutions ranging from elementary level to college or university.

Severity of Punishment Tied to the Type of Weapon

Illinois statute 720 ILCS 5/24-1(c) specifically addresses how no one may bring weapons into a school, carry weapons on a school bus, or even have a weapon within 1,000 feet of a school. The punishments associated with these crimes vary depending on the threat or potential danger associated with the weapon.

  • Guns, rifles and bombs. Under the statute, if a person brings a weapon into a school, such as a gun, rifle, or a bomb, that person will be charged with a Class 2 felony, and faces between three and seven years of jail time;
  • Pistols, revolvers, stun guns and tasers. When the weapon that is brought into a school is a pistol, revolver, stun gun or taser (and some ballistic knives), the offense results in a Class 3 felony; and
  • Hand-held type weapons. Bringing hand-held type weapons, such as bludgeons, brass knuckles, throwing stars, knives, stilettos, razors, dangerous pieces of glass, switch blades, and any spring-loaded, or cannister-powered projectile weapons, into a school results in a Class 4 felony.

What Other Items Have Been Considered to Be A “Weapon”?

While there are the more traditional things we think of to be weapons, such as knives, guns, etc. there are some less obvious things that have also been considered to be weapons according to teachers, school administrators, and the courts. For example, tools, such as pliers, wrenches, screwdrivers and box cutters were considered to be “weapons” according to the United States District Court for the Northern District of Illinois Eastern Division in Douglas Bartlett v. City of Chicago School District #299 et al., (Case No. 1:13-cv-02862 (Ill. N. D. 2014)). However, it should be noted that in the Bartlett case, the person who brought the alleged “weapons” to school was a teacher, and not a student.

While state law does specifically define certain types of weapons that are not permitted in schools, case law in the state indicates that there are many other items that, if brought to school, could be construed as a weapon.

When Children Face Weapons Charges

With all of the scary media coverage of school shootings, it is frightful to think that kids would take weapons to school. But only a relatively small number of cases where students bring weapons to school result in the student using the weapon to hurt others. More often, a student will bring a weapon to school to show their friends, or might do it on a dare, without the intention of hurting anyone. Sometimes a student will take a weapon to school because they think they need it for self-defense against a bully. Children do not necessarily understand the full impact that taking a weapon into a school has.

Call the Law Offices of Christopher M. Cosley

If your child exercised poor judgement and brought a weapon to school, or if your child brought something that he or she felt was harmless to the school and is now facing weapons accusations from the school, please do not hesitate to contact a passionate Rolling Meadows juvenile crimes lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for help today

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

https://www.rutherford.org/files_images/general/04-17-2014_Dow-Opinion.pdf

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

Hazing Is a Crime

July 27th, 2015 at 5:47 am

Illinois defense attorney, Illinois criminal lawyer, Hazing used to be a regular part of high school and college life, but now it is often considered a criminal offense. As a result of hazing going too far at multiple institutions and students being seriously hurt or even killed, a once normal right of passage is now forbidden by schools and universities. Engaging in some types of hazing can lead to a student being in serious trouble, not just with his or her school, but with the law as well.

The Law against Hazing

Illinois statute forbids certain kinds of hazing. Legally speaking, a person commits hazing when he or she requires the commitment of any act by a student or other person in a school for the purpose of induction into any group connected with the institution if two specific requirements are met. First, the act must not be sanctioned or authorized by the educational institution. Second, the act must result in bodily harm to any person. As such, harmless traditional types of hazing may not result in legal action, although they may still be against school policy and result in suspension or even expulsion under some school rules. However, any type of hazing that could result in someone getting hurt, including alcohol-related hazing, could result in criminal charges. Usually hazing is a misdemeanor, but if it results in death or great bodily harm, the charge can be a felony.

Failure to Report Hazing

Failure to report hazing is also a crime in Illinois. Schools cannot protect their students from being prosecuted under the hazing law. A school official can actually be charged with the crime of “failure to report hazing” when he or she does the following:

  1. While fulfilling his or her official responsibilities as a school official he or she observes an act that is not sanctioned by the school;
  2. The act results in physical harm to a person; and
  3. The school official fails to report the act to supervising educational authorities or, in the case of death or great bodily harm, law enforcement.

Violation of this law is a misdemeanor.

Call the Law Offices of Christopher M. Cosley

If you or your child has been charged with a crime or is being investigated you will need the assistance of an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. Call us today at (847)394-3200. Neither you nor your child should ever speak to law enforcement without having an attorney present. It does not matter whether you or your child is guilty. If it is your child who is being investigated you may have questions for him or her, but demanding answers could result in your being forced to testify against your own child, so do not push him or her to answer your questions. Contact us instead.

Juvenile Drug Court: An Option for Some Teens

May 4th, 2015 at 5:42 am

Illinois defense attorney, Illinois criminal lawyer, Illinios juvenile crime attorney,Part of being a teenager is testing boundaries and experimenting with new experiences. Unfortunately, some teenagers choose to push the boundaries of the law and experiment with illegal substances. For some of these young people the only real consequences are the consequences of getting caught, but others find themselves with serious drug problems. There are legal steps that can be taken in order to help these juveniles get the drug treatment they need.

The Juvenile Drug Court Treatment Act

The legislature found that a substantial portion of the resources of Illinois’ juvenile justice system went to young people who were using and abusing drugs. In response, it passed the Juvenile Drug Court Treatment Act. Drug courts in the adult system are special court programs designed to get drug offenders the treatment and life skills they need instead of using taxpayer funds just to lock them up for a short period of time and then release them with their drug addiction still in full force. In the adult system these programs are typically run on the local level. They involve drug treatment, programs to help adult drug offenders find employment, and often involve community service aspects. They are usually much more intensive than many other outpatient treatment options. Drug courts can also, when appropriate, order offenders to do inpatient treatment. Often when offenders successfully complete these programs they receive some benefit when it comes to their criminal charges such as a lessened punishment or even in some cases a complete dismissal. The idea of the Juvenile Drug Court Treatment Act was to create a similar sort of program for young people who are having their cases heard in juvenile court and thus normally would not be eligible for adult drug court programs.

What Minors Can Get into Drug Courts?

The important thing about drug court is that neither side can be forced into it. Both the minor charged with a crime and the prosecutor involved must agree to drug court, and the court must approve it as well. Certain juvenile offenders automatically cannot be considered for drug court under Illinois law. These include:

  • Juveniles who are charged with crimes of violence, which include but are not limited to: first or second degree murder, predatory criminal sexual assault of a child, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, stalking, aggravated stalking, or any offense involving the discharged of a firearm;
  • Juveniles who deny their use or addiction to drugs;
  • Juveniles who do not demonstrate a willingness to participate in treatment; and
  • Juveniles who have been found delinquent at any point in the last 10 years because of one of the crimes of violence listed above.

What Happens if a Minor Successfully Completes Drug Court

If a minor is admitted into a drug court program and then he or she successfully completes the program, this can benefit his or her juvenile charges. One possible result can be a dismissal of charges. If the juvenile enters the drug court after admitting to the charges and being sentenced, finishing drug court can count as a successful completion of the sentence and the juvenile can be discharged from any further proceedings in the court.

Call the Law Offices of Christopher M. Cosley Today

When your child is facing drug charges, you need the help of an experienced Rolling Meadows juvenile criminal defense attorney. There are programs for juveniles that can be used to get them the help that they need rather than focusing on punishment alone. Call the Law Offices of Christopher M. Cosley today at (847)394-3200.

Drug Possession: Using Legal Substances to Get High May Not Be Legal

March 11th, 2015 at 6:24 pm

Illinois criminal defense attorney, Illinois defense lawyer, Illinios drug crimes attorney,The so-called War on Drugs has been dragging on in the United States for decades. Despite law enforcement’s seemingly unending obsession with prosecuting drug laws, the use of illegal substances continues on. While many drug users are undeterred by the illegality of drug possession, others do fear the possibility of facing criminal charges or losing their jobs if they get caught with an illegal substance. So some of them, particularly younger people, result to using otherwise legal substances to get high. The theory is that if the substance is legal then they can not be prosecuted for using it. While this may make sense, in at least some cases it is not true.

Huffing or Inhaling a Perfectly Legal Substance to Get High is a Crime in Illinois

Many people, especially young people, “huff” or inhale regular household products or other legally possessed chemicals in order to experience a high. Doing this is a crime in Illinois. The law that makes it a crime is called the “Use of Intoxicating Compounds Act.” Under this law it is a crime to ingest, breath, inhale, or drink any compound, liquid, or chemical for the purpose of getting high. Additionally, it is a crime to sell any compound, liquid, or chemical that will induce an intoxicated condition to a minor under the age of 17 without the written permission of the minor’s parent or guardian. Its illegal to make a such a sale to a person of any age if you have a reason to know that the purchaser’s intent is to use the substance to get high. Depending on how many times a person is found guilty of a crime under this law and the type of substance involved, the crime can be a misdemeanor or a felony.

What About Kratom?

It may seem that kratom is still legal since it is a plant rather than a chemical, compound, or liquid. Kratom is made from a plant called mitragyna speciosa. It is usually consumed as a tea and in some people it can produce intoxicating effects. In Illinois, however, there is a law called the Kratom Control Act. While it does not address kratom use by adults, it does make it illegal for anyone under the age of 18 to purchase or possess kratom. It also makes it a crime to use a false identification card to obtain kratom. Committing either of these offenses is a Class B misdemeanor. It is also a Class B misdemeanor to sell or give kratom to a minor.

Call the Law Offices of Christopher M. Cosley

When you are charged with a drug-related offense, or any crime, you need an experienced and dedicated Rolling Meadows criminal defense attorney on your side. You should call the Law Offices of Christopher M. Cosley. We will listen to your side of the story and fight to get you the best possible outcome. Reach out to us today at (847)394-3200.

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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