Archive for the ‘Rolling Meadows criminal defense lawyer’ 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

Peeping in a Window is a Form of Disorderly Conduct

March 20th, 2017 at 8:42 am

peeping in a window, Rolling Meadows Criminal Defense LawyerThere are several different offenses that constitute disorderly conduct under Illinois law. However, one of the least obvious forms of disorderly conduct is voyeurism, or “peeping,” which is an invasion of privacy of someone else. The victim, or person who is spied upon, has had his or her personal space violated by the peeping act, and the Illinois courts take the invasion of privacy very seriously.

Like many of the other forms of disorderly conduct, the offense of peeping often involves a state of intoxication—but certainly not always. Being drunk is no excuse under the law for invading the privacy of another by spying on him or her in their home. However, it does lend context to how the peeping incident may have come to pass.

Many criminal defendants who are charged with disorderly conduct for peeping on someone did so as a result of exercising poor judgement, while in a state of intoxication, or were acting in response to peer pressure.

Whatever the case may be for you, if you are facing disorderly conduct charges for peeping, it is important that you work with a lawyer to fight the charges that are pending against you. You are facing a conviction on a misdemeanor offense. You could go to jail, pay a fine, get a criminal record, and you could develop a reputation if you are convicted.

What Constitutes “Peeping” Under Illinois Law?

Under 720 ILCS 5/26-1(a)(11), someone who looks into a dwelling through a window or other opening for the purpose of being lewd or for spying is considered a voyeur. The act must be done deliberately and for a lewd or unlawful purpose. There is a difference between accidentally and coincidentally looking into someone’s window and doing so with the deliberate intent of unlawfully watching someone through a window.

Deliberately peeping or spying on someone without his or her knowledge is illegal in Illinois and it is a crime that is taken very seriously. Since the offender must have a lewd or ill intent in order to commit the crime, a possible defense is that there was no lewd intent to the act. It could be that the defendant just happened to look in a window and saw someone, or that it was an accident.

While such a defense may be the truth, it can be difficult to prove intent. Still, an experienced and skilled criminal defense lawyer can help you put your strongest defense forward as you fight your disorderly conduct charges.

Are You Facing Disorderly Conduct Charges?

If you have been arrested for disorderly conduct, such as peeping on another through a window or some other opening to a dwelling, it is important that you get into touch with an experienced Rolling Meadows criminal defense lawyer as soon as possible. You could be facing a misdemeanor if you are convicted.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=73600000&SeqEnd=74600000

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

March 15th, 2017 at 7:31 am

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

Best and Worst Case Scenarios

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

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

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

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

Work With Your Criminal Defense Lawyer

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

Source:

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

Domestic Battery Requires a Certain Relationship Between the Accused and the Accuser

February 27th, 2017 at 12:16 pm

domestic battery, Rolling Meadows Criminal Defense LawyerIn Illinois, domestic battery charges are taken very seriously. Just a first time conviction can result in a number of consequences. Possible jail time, a fine, and a criminal record are a few of the more obvious consequences of a domestic battery conviction. However, a conviction can also cause you problems in a child custody battle or when you apply for certain types of employment. Anyone who is facing criminal domestic battery charges needs to seek the help of an experienced criminal defense lawyer as soon as possible.

Victim and Abuser Relations That Warrant Domestic Battery Charges

Domestic battery charges are reserved for alleged abusers and victims that are in a specific domestic relationship with one another. The abuser and the victim must be in a familial relationship or the two must be members of the same household. For instance, battery that occurs between two people in the following relationships constitutes domestic battery:

  • Husband and wife;
  • Boyfriend and girlfriend;
  • Ex spouses;
  • Ex significant others;
  • Two people who share a child;
  • Siblings;
  • A parent and a child or stepchild;
  • An adult grandchild and a grandparent;
  • Anyone related by blood or marriage;
  • Two people living together, such as roommates;
  • Two people who formerly lived together; or
  • People who have disabilities and their caretakers or personal assistance.

Knowingly causing physical harm to someone with whom you share a domestic relationship without legal justification for your actions is domestic battery under Illinois law if you cause the other person bodily harm. It is also considered domestic battery to make physical contact with someone you share a domestic relationship with in a provoking or insulting way. Unjustified pushing, shoving, hitting, or controlling behavior are all types of domestic battery.

Why it is Important to Fight Domestic Battery Charges?

A domestic battery conviction is a serious matter. Generally speaking, you cannot get a domestic battery conviction expunged from your criminal record—government entities and prospective employers and landlords could view your criminal history and learn that you are a convicted domestic batterer. In limited circumstances can you qualify to have your domestic battery conviction expunged, and after it has been on your record for five years.

Only a skilled and experienced domestic battery criminal defense lawyer will be able to help you fight the charges that are pending against you. Even if you were acting out of self defense, or you believe that the physical contact was an accident, you need to discuss your potential defenses with a lawyer.

Contact The Law Offices of Christopher M. Cosley

False allegations of domestic battery happen all the time, and someone could be wrongly accused and prosecuted for a domestic battery that did not occur. An experienced Rolling Meadows criminal defense lawyer will work with you to establish the facts and determine what defense strategy is best for you.

Sources:

https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/ExpungementSealingOverview.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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

Reasons Why Your Driver’s License Could be Suspended or Revoked

January 9th, 2017 at 7:00 am

Driver’s License Suspended, Rolling Meadows License Revocation and Suspension LawyerIn Illinois, one of the most commonly imposed penalties for misdeeds is to suspend or revoke an individual’s driving privileges. There are countless ways in which you could lose your driver’s license in Illinois; therefore, understanding why your license could be suspended or revoked is important.

Refusal to Submit to Chemical Testing

Under Illinois’s Implied Consent Law, anyone who drives on the roadways in Illinois has given implied consent to submit to chemical testing in the event that he or she is suspected by law enforcement of driving under the influence of drugs or alcohol. However, Illinois drivers have the right to refuse chemical testing.

One consequence of refusing chemical testing is that your driver’s license will be suspended for at least six months. If you refuse to submit to chemical testing after being involved in an automobile accident where you are suspected of driving under the influence, your driving privileges will be revoked for at least one year.

Arrested for DUI or Contributing to a DUI

When a driver is arrested for driving under the influence of drugs or alcohol, where the driver’s blood alcohol content is 0.08 percent or more, then his or her driving privileges will be suspended for at least six months, or potentially longer depending on whether or not the driver refuses to submit to chemical testing (as discussed above), and whether the driver is a repeat offender.

Additionally, if you are found to have contributed to someone else driving under the influence, for example, you let a drunk person drive your car, you can then be charged with contributing to a  DUI. In addition to potential jail time and a fine, another consequence for contributing to a DUI is that your driving privileges will be suspended.

Committing Driver’s License or ID Card Fraud

Suspension or revocation of a person’s driver’s license is one of the consequences associated with committing driver’s license or ID card fraud in Illinois. Any one of the following can lead to the suspension or revocation of a person’s driver’s license for no less than 12 months:

  • Presenting false identification when trying to obtain a driver’s license or ID card in Illinois;
  • Using a driver’s license or driving permit that has been unlawfully altered or that is fake;
  • Applying your signature to a driver’s license or ID card application that you know contains false information;
  • Using someone else’s driver’s license or ID card as if it were your own; or
  • Permitting someone else to use your identification documents in order to apply for a driver’s license or ID card.

When You Need Your Driver’s License Back, Call Us

A driver’s license suspension or revocation is a punishment that is often tacked on as an additional penalty for many offenses. If your driver’s license has been suspended or revoked in Illinois, it is important that you work with a driver’s license reinstatement attorney to make sure that you do everything that you need to in order to get your driver’s license back as soon as possible. A passionate Rolling Meadows criminal defense lawyer can help.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

Driving Without a License: How Common is it in Illinois?

November 2nd, 2016 at 7:00 am

driving without a license, Rolling Meadows Criminal LawyerCountless people in Illinois get behind the wheel when they do not have a valid driver’s license.  These drivers may have never obtained a driver’s license in the first place, could have a suspended driver’s license, or could have had their driving privileges revoked. According to a recent news article posted by WREX.com, far more Illinois drivers get behind the wheel without a valid driver’s license than one might think.

What Motivates People to Drive Without a License?

According to the article, across the state of Illinois, state law enforcement have issued citations to more than 100,000 drivers who were behind the wheel while driving on a revoked or suspended driver’s license. Between the years of 2011 and 2015, there were more than 300,000 convictions for driving with a revoked or suspended driver’s license. Why are these numbers so high? Why do people choose to risk it and drive when they do not have a valid driver’s license?

There are several reasons why people choose to risk it and drive despite having a revoked, suspended, or simply no driver’s license at all. Common reasons include the following:

  • Driving is more convenient than public transportation, biking, or walking;
  • Some people living in Illinois are unaware of how to obtain a driver’s license, such as undocumented immigrants, or foreign nationals; and
  • Unlicensed drivers often have no other choice—they either drive themselves without a license, or they cannot go to work or run errands.

How Do I Avoid Losing My Driver’s License?

There are a number of criminal offenses that can result in your driver’s license being revoked or suspended. For instance, a DUI conviction will result in your driver’s license being revoked. Or, committing too many traffic violations in a short amount of time can result in too many points accumulating on your driver’s license, which can lead to your license being suspended.

Losing your driving privileges due to a driver’s license suspension or revocation can seriously disrupt your life. Driver’s license suspensions and revocations can span many years, leaving you unable to legally drive for a long time. That is why it is so important to fight any criminal charges that are pressed against you which could potentially cost you your driving privileges.

If you have been charged with any criminal offenses that could potentially cost you your driver’s license, it is critically important that you get in touch with an experienced Illinois criminal defense attorney as soon as possible. A knowledgeable and skilled criminal defense lawyer will be able to help you fight the charges against to you, potentially getting your criminal charges dropped or reduced to a lesser offense.

Contact an Illinois Driver’s License Suspension or Revocation Lawyer

Losing your driver’s license can upend your life and can make getting everyday things in your life done in an effective way a challenge. Having a passionate Rolling Meadows criminal defense lawyer to help you fight for your driving privileges, or to reinstate your driver’s license after a suspension or revocation, is always a good idea.

Source:

http://www.wrex.com/story/32775482/2016/08/Tuesday/digging-deeper-unlicensed-drivers-pose-problems-on-the-road

Three Reasons Why You Need To Fight Your Domestic Battery Charges

September 30th, 2016 at 3:05 pm

Fight Your Domestic Battery ChargesThe Illinois courts and law enforcement do not take kindly to those who are accused of committing domestic battery. Causing bodily harm to a family or household member, or insulting, provoking, or threatening them, is a serious criminal matter in Illinois. When a person is accused of domestic battery, it is critically important that they fight the charges that are lodged against them because even a first-time conviction carries severe and long-lasting consequences. An experienced criminal defense attorney can help.

Below are three reasons why you need to fight your domestic battery charges.

  1. A domestic battery conviction means you will have a criminal record. Even if your fight with a family or household member was just a minor dispute that got out of hand, the court will look at the altercation as a serious crime. Even a first-time offense for domestic battery is typically a misdemeanor level offense. But a domestic battery charge can be upgraded to a felony-level offense in certain situations, such as when a protection order was violated, when you have a record of prior domestic battery convictions, or when other aggravating factors were involved.
  2. A domestic battery conviction generally cannot be sealed or expunged from your criminal record. Once you have been convicted of a criminal battery against a family or household member, as a general rule, the conviction will go on your criminal record, and it cannot be expunged or sealed under Illinois law. This means that your domestic battery conviction will follow you for many years to come. There are very limited circumstances in which a domestic battery conviction may be expunged. An experienced criminal defense attorney can help you determine if you may be eligible.
  3. A domestic battery conviction has unintended consequences. The effect of a domestic battery conviction is far-reaching. For instance:
    • You can lose your right to own or carry a firearm;
    • You could lose out on job opportunities due to the fact an employer can view your criminal record;
    • You could be denied an apartment or a credit card;
    • You could lose your child visitation privileges, or have restrictions placed on your visitation rights.

Contact The Law Offices of Christopher M. Cosley

Being charged with a domestic battery comes with severe consequences, and you need to fight the charges. If you are facing domestic battery charges, a conviction can have a serious impact on your life and can affect you in ways that you may not foresee. You need the help of an experienced criminal defense lawyer who has helped defendants facing domestic battery charges. A dedicated Rolling Meadows criminal defense lawyer can assist you every step of the way.

Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

Burglary For Drugs Charges In Illinois

September 29th, 2016 at 12:11 pm

Burglary For Drugs Charges In IllinoisIllegal drug deals can take many forms, but nearly all drug deals have something in common: they are all transactions. At their core, all drug transactions are the same – they are an exchange where each party gets something that they want. Drug transactions involve a recipient party (i.e., the drug “buyer”) providing something to a drug dealer in exchange for the drugs. A majority of the time, drugs are traded for money.

But in some situations, a drug dealer might accept something other than money as payment for drugs. Sometimes a dealer will want certain services (e.g., the dealer may want the drug “buyer” to commit a crime, or perform some act in exchange for the drugs) in exchange for drugs, or the dealer might want property or valuables instead of cash. Sometimes the dealer may want the drugs to be paid for in stolen goods, like a stolen car or stolen jewelry, watches or electronics. The dealer might even encourage a buyer to commit burglary in order to get the drugs.

Burglary Is Serious Business

There are a number of reasons why people commit burglary; one common reason is to sell the stolen goods for money in order to pay for drugs or to trade the stolen goods directly with the dealer for drugs. Entering someone else’s home or other property without permission and taking things that do not belong to you is a form of theft known as burglary. The Illinois burglary statute covers unauthorized access into a building, dwelling, house trailer, boat, motor vehicle, or airplane. Stealing anything from one of these locations, or intending to commit a felony in one of these locations, is considered to be burglary under Illinois law.

Getting Charged With Multiple Offenses

Getting caught paying for drugs with stolen goods can land you in trouble with the law. Committing a burglary is a serious enough crime on its own, but then using stolen goods to finance a drug transaction makes your situation significantly worse when you are caught by law enforcement. Not only can you, as the drug purchaser, be charged with theft and the burglary, but you can also be charged with the drug transaction and drug possession charges as well. If the drug dealer is caught along with you, he or she could be charged with receipt or possession of stolen property, as well as criminal charges for selling or trafficking the drugs.

Caught Trading Stolen Goods For Drugs? Call A Lawyer

Burglary charges and drug offenses are not matters that should be taken lightly. You can face serious penalties, such as jail time and harsh fines. If you are in trouble with the law, you should contact an experienced Rolling Meadows criminal defense lawyer as soon as possible to obtain guidance on what to do in your particular situation.

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

What Crimes Are Most Commonly Committed In Illinois?

August 23rd, 2016 at 7:00 am

What Crimes Are Most Commonly Committed In Illinois?Crime is a big issue in Illinois, especially in Chicago and the surrounding geographical areas. Hundreds of arrests are made every day, and convictions are made all the time. Across the state, the Illinois Department of Corrections is home to more than 45,000 inmates, who have been convicted of a number of different crimes. According to an article in the Huffington Post, the top 10 crimes that inmates have committed in Illinois include:

  1. Homicide. The number one crime committed by inmates in the Illinois prison system is homicide. The killing of another person accounts for more than 18 percent of the inmate population in Illinois.
  2. Offenses involving controlled substances. Possession, manufacturing, distribution, and trafficking of controlled substances and other drug violations of the Illinois Controlled Substances Act account for 17.5 percent of the Illinois state inmate population.
  3. Sexual assault. Just under 10 percent of the total Illinois inmate population is in jail for sexual assault offenses.
  4. Assault. Assault is the next most frequently committed offense by Illinois inmates, with approximately eight percent of inmates being in jail for assault offenses.
  5. Weapon offenses. Nearly six and a half percent of Illinois inmates are in jail for weapons-related offenses. This could include using weapons in conjunction with committing other crimes.
  6. Burglary. Breaking into a building and stealing something or committing a felony is a crime that many individuals get in trouble for. Just under six percent of inmates are doing time for a burglary conviction.
  7. Armed robbery. When robbery is committed with the threat or use of a weapon, it constitutes armed robbery. Over five and a half percent of Illinois state inmates are in jail for armed robbery.
  8. Residential burglary. Breaking into a house or dwelling of another without permission is a serious crime. Of the Illinois prison population, just under four and a half percent of inmates are in prison for committing residential burglary.
  9. Driving while under the influence of drugs or alcohol. A DUI is serious business, especially when someone is seriously injured or killed as a result of the DUI. Just under three and a half percent of inmates are in jail for a DUI offense.
  10. Robbery. Just over three percent of Illinois inmates are in jail for committing robbery.

These 10 crimes account for over 82 percent of the reason why inmates are in the state prison system. If you have been charged with drug crimes, burglary, shoplifting, theft, or other offenses, and are facing criminal charges, you need to speak with an experienced Illinois criminal defense lawyer immediately.

Facing Jail Time? Let Us Help

If you are facing criminal charges and jail time, it is important to speak with an experienced Illinois criminal defense lawyer as soon as you possibly can. Please contact a Rolling Meadows criminal defense lawyer to discuss your specific circumstances and the charges that you face. We can help fight the charges against you.

Source:

http://www.huffingtonpost.com/reboot-illinois/top-10-most-common-crimes_b_9202092.html