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Archive for the ‘Rolling Meadows criminal defense attorney’ tag

The Consequences of Driving Without Insurance in Illinois

September 18th, 2017 at 9:32 am

Rolling Meadows criminal defense attorney, driving without insurance, traffic offenses, Illinois traffic offense, suspended driver's licenseIn Illinois, drivers are required by the Illinois State Legislature Vehicle Code to carry at least a minimum amount of auto insurance. Currently, in order to meet our state’s auto insurance requirements, Illinois drivers must carry at least the following amounts of liability insurance:

  • $25,000 for bodily injury per person,
  • $50,000 for bodily injury coverage per accident,
  • $20,000 for property damage,
  • $25,000 for uninsured motorist bodily injury coverage per person, and
  • $50,000 for uninsured motorist bodily injury coverage per accident.

Some people mistakenly believe that driving without adequate auto insurance in Illinois is not a big deal; however, in reality, drivers who are caught failing to meet our state’s insurance requirements suffer a number of different consequences, the most severe of which are outlined below.

Fines for Driving Without Adequate Insurance

Under code section 625 ILCS 5/3-707 of the Illinois Compiled Statutes, fines for a first offense of driving without adequate auto insurance in Illinois range from $500 to $1,000 while repeat offenders are required to pay a $1,000 fine for an ordinary violation and a $2,500 fine if they were caught after causing an accident in which someone else was injured.

Additionally, Illinois residents who are convicted of driving without adequate insurance also have to pay an additional $100 reinstatement fee to get their driving privileges back if their driver’s license is suspended because they drove without adequate insurance.

Other Consequences

Illinois residents who are caught driving without adequate insurance can also have their driver’s licenses suspended. Generally speaking, a first time offender will have his or her driver’s license suspended for three months, at the end of which the license will be reinstated if the offender is able to show proof of insurance and pay the reinstatement fee.

However, each license suspension comes with certain provisions that must be abided by or else the suspension will be extended for an additional six months. Furthermore, it should be noted that driving on a suspended licenses in Illinois is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500.

Additionally, a driver who has been caught driving without adequate auto insurance may find that when he or she is able to obtain insurance, he or she will be required to pay higher insurance rates than drivers who do not have such a blemish on their record.

Consult With a Local Attorney

If you have been caught driving without adequate insurance in Illinois, then you are likely facing fines, having your driver’s license suspended, and perhaps other additional penalties. However, the Law Offices of Christopher M. Cosley may be able to help.

Attorney Chris Cosley is an experienced Rolling Meadows criminal defense attorney who tirelessly fights for his clients’ rights and driving privileges and helps them avoid criminal convictions whenever possible. Contact the office today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K3-707

Illinois’ Disorderly Conduct Law

July 19th, 2017 at 12:50 pm

Disorderly Conduct, felony offense, misdemeanor, Rolling Meadows criminal defense attorney, disorderly conduct defenseWhen an individual disturbs the peace in a manner that threatens public safety, it is likely that he or she has committed the crime of disorderly conduct. However, each state defines disorderly conduct a bit differently. Therefore, in order to determine whether a disruptive individual in Illinois can be rightfully convicted of disorderly conduct, one must closely examine our state’s disorderly conduct statute.

Illinois Compiled Statutes Section 26-1: Disorderly Conduct

Under 720 ILCS 5/26-1 a person commits disorderly conduct in Illinois when he or she knowingly:

  • Acts in an unreasonable manner as to alarm or disturb another person and to incite a breach of the peace;
  • Tells, or causes another to tell, the fire department that there is a fire while knowing that it is not reasonable to believe that the fire exists;
  • Reports, or causes another to report, that an explosive device or a container holding a dangerous substance is hidden somewhere where its detonation or release would pose a risk to human life while knowing that it is not reasonable to believe that such a device or container exists;
  • Reports, or causes another to report, a threat of destruction against a school, or a threat of violence, death, or bodily harm aimed at people attending school or a school function;
  • Notifies, or causes another to notify, a police officer that an offense is currently being committed, will be committed, or has been committed while knowing that it is not reasonable to believe that what they are saying is true;
  • Makes a false report, or causes another to make a false report, to a public safety agency while knowing that it is not reasonable to believe that making such a report is necessary for the public welfare and safety;
  • Calls 911 with a false alarm or complaint while knowing that it is not reasonable to make such a call;
  • Transmits, or causes another to transmit, a false report to the Department of Children and Family Services or the Department of Public Health;
  • Issues, or causes another to issue, a false request for emergency medical services or for an ambulance from the police or fire department while knowing that it is not reasonable to believe that such assistance is required;
  • Makes a false report, or causes another to make a false report, under Article II of Public Act 83-1432;
  • Enters the property of another for a lewd or unlawful purpose and deliberately looks into a dwelling through a window or other opening; or
  • While acting as the employee of a collection agency, makes a phone call to an alleged debtor with the purpose of harassing, annoying, or intimidating them.

Penalties

In Illinois, disorderly conduct can be charged as either a misdemeanor or a felony offense. Those convicted of misdemeanor disorderly conduct can face up to 30 days, six months, or one year in jail (depending on whether the offense was charged as a Class C, Class B, or Class A misdemeanor) and a fine of up to $2,500. However, those convicted of felony disorderly conduct can be sentenced to serve up to three or five years in prison (depending on whether the offense was charged as a Class 4 or Class 3 felony) and ordered to pay a fine of up to $10,000. Additionally, violators may also be ordered to perform community service.

Contact a Rolling Meadows Disorderly Conduct Defense Lawyer Today

A disorderly conduct conviction can carry serious consequences in Illinois and should not be taken lightly. If you have been charged with disorderly conduct and would like to discuss your legal options with an experienced Rolling Meadows criminal defense attorney, contact the Law Offices of Christopher M. Cosley today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K26-1

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

Illinois Mayor Opposes Consent Decree

June 14th, 2017 at 7:00 am

consent decree, police reform, Rahm Emanuel, Rolling Meadows criminal defense attorney, criminal allegationsWhen recently asked about an independent federal monitor, Chicago Mayor Rahm Emanuel explained that “it is exactly the right way,” in regards to proposed oversight for the Chicago Police Department.

Negotiations between the Mayor and the Justice Department are focused on a memorandum of agreement. This would incorporate the structure for approving reforms that federal authorities have advocated for in the wake of several controversies which have rocked the Chicago Police Department in recent years.

Justice Department approval would still be required for the oversight measures to go into effect. The measures would include explicit oversight by an appointed independent monitor to oversee the proposed reforms. The Mayor’s administration believes that this is an important step further. However, some reform advocates are not satisfied.

Why Reform Advocates Want a Consent Decree

Police reform advocates had counted on a federal consent decree that authorizes the court to enforce the new policies instead of just monitoring them. The mayor defended his administration’s argument alleging that the road to reform is not as important as the reform itself.

Critics say that in the wake of the searing report released by the Justice Department roughly four months ago, more needs to be done than simply monitoring a problem that the community already knows exists. The Chicago Police Department has been saddled with controversies over their use of force policies.

The former head of the Civil Rights Division has argued that Chicago has seen a pattern of recommendations without teeth and that a consent decree would be a more potent tool to hold the police accountable to the suggested reforms.

The Justice Department and Consent Decrees

For a consent decree to take effect, the Justice Department must sign off on it. Initially, in the wake of the Justice Department report, Mayor Emanuel supported a consent decree. However, after the appointment of the current Attorney General, Jeff Sessions, it is unlikely that an agreement for a consent decree would be worked out with the city.

Police Investigations

Being investigated for a crime is a harrowing experience. One that is fraught with legal peril and can have serious detrimental consequences on your life. It is unwise to face these allegations on your own. Our experienced and dauntless Rolling Meadows criminal defense attorney will defend your rights at every stage of your investigation or subsequent case. Contact our Cook County office at 847-394-3200 to schedule your initial consultation.

Sources:

http://chicago.suntimes.com/news/independent-monitor-included-in-cpd-reform-agreement-sent-to-doj/amp/

https://www.wbez.org/shows/wbez-news/mayor-defends-cpd-monitor-over-consent-decree/2b92530c-0bb0-4c95-acb7-4cade9cc9d3a

The Difference Between an Assault Charge and a Battery Charge

June 12th, 2017 at 12:33 pm

assault and battery, assault charge, battery charges, Rolling Meadows criminal defense attorney, Illinois crimeAssault and battery is a common criminal charge. We often see the charges linked together as if they are the same offense. However, in the state of Illinois, these are two distinct charges that many times go hand in hand with each other but do not have to.

Criminal assault in Illinois is defined as an act or conduct that places another individual in reasonable apprehension of bodily harm. Whereas, a battery is the actual unwanted, unsolicited physical conduct which usually immediately follows an assault. Still, there can be a battery without the accompanying assault charge—the same way one can be charged with assault without being charged with a battery.

Why Does the Difference Matter?

The difference between the two matters because the available defenses differ based on the crime or crimes with which you are being charged. For example, self-defense is a common defense to a battery allegation; however, self-defense is not a traditional defense to a pure assault charge. General defenses to assault and battery charges include:

  • Defense of property;
  • Self-defense or defense of another;
  • Consent of the victim to the contact (battery charge specific); and
  • Lack of a legally reasonable apprehension about an impending battery (assault charge specific).

Are the Penalties for an Assault the Same for a Battery?

This is a question for your Chicago criminal defense attorney. There are many variables that can affect the sentence of either an assault or a battery. Those variables include:

  • Whether the assault had a sexual component;
  • Whether the battery included a deadly weapon; and
  • The types of injuries the victim sustained.

A “simple” assault is a class C misdemeanor under Illinois law. This can carry a fine of up to $1,500 and up to 30 days in jail. However, if one of the above-mentioned aggravating circumstances is present, then the fines can become significantly harsher. For example, if you are convicted of felony aggravated assault and battery, you may be facing a class 4 felony that carries a potential punishment of up to three years. Other aggravating factors can affect your sentencing, like having a prior record.

I Have been Charged with Assault and Battery, How Do I know if it is a Felony?

The first step you need to take is to consult your experienced Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley. Our dedicated legal team defends misdemeanors as well as felony criminal charges of assault and battery. A Criminal conviction may alter the course of your life for good.  Therefore, do not try and defend yourself alone. Contact us at 847-394-3200, 24 hours a day, so that we can get to work defending you and your rights.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+12%2C+Subdiv.+5&ActID=1876&ChapterID=53&SeqStart=20887500&SeqEnd=22225000

When Police Confiscate Property

June 5th, 2017 at 7:15 am

police confiscate property, Rolling Meadows, criminal law, seize property, civil forfeiture, private propertyIllinois lawmakers unanimously passed a measure making it more arduous for law enforcement to confiscate property from innocent owners. The bill passed in the Senate and will now head to the house.

The plan would shift the burden of proof to authorities in circumstances where they seize an individual’s property under a criminal investigation. As it stands, Illinois law allows for the confiscation of an individual’s property even in cases where no formal charges are levied against the owner.

There is a strong financial incentive for law enforcement agencies to seize property. Once the property has been taken, then the agency who took possession of the property, in many cases, reaps the rewards of the proceeds from the civil asset forfeiture. In addition to not having a constitutionally guaranteed right to counsel once a person has had his or her property seized, it can be costly to challenge and often leaves people with no mechanism to get their property back.

What is Civil Forfeiture?

Civil forfeiture refers to the legal process in which law enforcement seizes assets from a person suspected of involvement with criminal activity. The controversial nature of this policy has its genesis in the fact that formal criminal charges do not have to be filed to seize property. Every year in Illinois, authorities snatch tens of millions of dollars in cash, cars, and land from Illinois state citizens. As of 2005, Illinois law enforcement has seized over $319 million from Illinois residents in concert with federal authorities who have seized over $404 million over the same period.

Forfeiture laws can be traced back to admiralty law. Historically, authorities were allowed to seize contraband from ships engaging in criminal activity. The Crime Control Act of 1984 broadened civil forfeiture at the federal level.  

Proposed Changes

The new bill passed by the Illinois Senate would place a stricter burden on law enforcement officials attempting to seize private citizens property. The bill would require that officials prove that the individual consented to his or her assets being used for criminal activity, reversing the current law requiring the citizen to prove that he or she was not involved. The new law would also create a streamlined process for innocent parties who have had their property seized to take possession of their property.

Rolling Meadows Criminal Defense

Being charged with a crime is a serious ordeal, even in cases where no civil forfeiture has occurred. It is essential to enlist the help of a dedicated and knowledgeable Rolling Meadows criminal defense attorney. The Law Offices of Christopher M. Cosley provides clients with thorough and detailed criminal defense for matters including traffic offenses, DUI defense, and a litany of other criminal cases. Contact our Rolling Meadows office at 847-394-3200 to schedule your initial consultation.

Source:

https://www.illinoispolicy.org/reports/asset-forfeiture-in-illinois/

New Traffic Laws 2017

May 8th, 2017 at 10:09 am

traffic laws 2017, Rolling Meadows Criminal Defense LawyerThere are a number of changes to the traffic laws in Illinois—changes of which to be aware because, unfortunately, ignorance of the law is not a defense. The laws encompass areas including:

  • When you are required to switch lanes or reduce your speed;
  • The distance you have to come to a complete stop in front of a railroad crossing;
  • The kind of lights a motorcycle can display for their rear stop lamps; and
  • Penalties resulting from a conviction for driving without insurance.

The laws take effect this year in 2017, and some have already been implemented and applied. Traffic violations may seem minor; however, violations can carry hefty consequences for an unsuspecting motorist. Moreover, traffic violations can result in the loss or suspension of a license and increased insurance rates. Additionally, depending on the severity, traffic violations can even result in jail time.

Changing Lanes and Decreasing Speed

For a long time it has been a law that when an emergency vehicle approaches drivers with its lights on, drivers are required to changed lanes and pull over to allow the vehicle to pass. HB 6006 now demands that, whenever possible, drivers change lanes when approaching any disabled vehicle on the road with hazard lights flashing. Also, when it is not possible to change lanes, drivers must decrease their speed.

Distance You Have to Stop Before a Railroad Crossing

SB 2806 is a new law that changes the distance you have to stop before approaching a railroad crossing where there is a posted stop sign. As of January 2017, any motorist who fails to stop within 50 feet from the nearest rail will be guilty of a petty offense with a $500 fine, up from the $250 fine it used to be for a first offense. For a second offense the fine is $1000.

Changes to Traffic Laws Involving Motorcycles

HB 4105 now allows for motorcycles to be equipped with blue lights on the rear of the motorcycle in conjunction with the motorcycle’s rear stop lamp. The blue lights increase visibility from longer distances and thus increases motorcycle safety during night time operation.

Penalties for Driving Without Proof of Insurance

Any vehicle that you operate must be insured—being pulled over without proof of insurance can prove costly. However, HB 5723 aims to ease the burden for those unlucky enough to not have proof of insurance at the time they are stopped. It is now a petty offense for first time offenders who are pulled over and do not have proof of insurance. Again, this only applies to first time offenders.

How to Avoid a Traffic Violation

If you find yourself a defendant in a traffic violation matter, speak with the skilled Rolling Meadows criminal defense attorney at The Law Office of Christopher M. Cosley. Call 847-394-3200 to schedule your consultation today.

Sources:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=6006&GAID=13&SessionID=88&LegID=95513

http://www.ilga.gov/legislation/billstatus.asp?DocNum=2806&GAID=13&GA=99&DocTypeID=SB&LegID=96116&SessionID=88

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=4105&GAID=13&SessionID=88&LegID=90325

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=5723&GAID=13&SessionID=88&LegID=95177

 

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

What Should You Do if You Are Charged with Burglary in Rolling Meadows?

April 3rd, 2017 at 8:14 am

burglary, Rolling Meadows Criminal Defense AttorneyIf 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.

Source:

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

What Happens if You Are Charged with the Wrong Crime?

March 13th, 2017 at 9:40 am

charged with the wrong crime-Rolling Meadows criminal defense lawyerEvery so often, a criminal defendant will be charged with the wrong crime after being arrested. For instance, the police may arrest an individual for having what they believe to be cocaine in his or her possession. However, after a sample of the drug is sent to a drug lab for testing, the substance might be identified as something else.

Cocaine, heroin, powdered methamphetamine, powdered ecstasy and ketamine all can have the same appearance as a white powder and it is possible for police to make a mistake and charge someone with a crime that is different than the crime that was committed.

Do Not Incriminate Yourself

It is very unlikely for a criminal defendant to speak up and correct law enforcement about the inaccuracy of the charges. Doing so would be incriminating to oneself. Therefore, since you are not talking, the police will charge you with the crime that they think you committed, and the state prosecutor will be given the charges once your criminal drug case makes it to court.  

Prosecutors Can Amend Your Drug Charges

Just because law enforcement charged you with the incorrect crime does not mean that you will not be prosecuted.You might think that the state will never be able to prove beyond a reasonable doubt that you committed the drug crime that you are accused of because the drug was something other than what law enforcement believed it to be. However, this is incorrect.

Once law enforcement and state prosecutors are clear on what drug you had in your possession—there is scientific analysis of the drug compound and the drug has been chemically identified—the prosecution will be able to update the charges that are being levied against you.

Illinois takes drug offenses and all other crimes very seriously. Therefore it is possible for state prosecutors to amend the charges that are pending against you when evidence comes to light that the crime that has been charged is inappropriate for the circumstances.

Does it Make a Difference?

The consequences for possession of many types of controlled substances are often very similar. Hence, you might be wondering: does being charged with the correct crime matter? There are some variations in the law concerning the punishment associated with possession of certain quantities of drugs.

Penalties for drug possession are usually based on the amount of drug that is found by law enforcement and the drug type. As such, it could be possible that you are charged with a drug offense that carries a more serious penalty than if you were charged with the correct crime.  

Drug Charges Require the Help of a Criminal Defense Attorney

Being charged with possession of a controlled substance is a big deal and it is important that you hire an experienced Rolling Meadows criminal defense attorney to help you with your defense strategy. The consequences for a drug conviction can be hefty and can mean years of jail time. Your freedom is in jeopardy, so do not delay in getting a lawyer.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1966&ChapterID=54&SeqStart=19800000&SeqEnd=20700000

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