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Changes to Illinois Traffic Safety Laws in 2016

January 27th, 2016 at 11:07 am

Illinois defense attorney, Illinois traffic offense lawyer, Illinois DUI attorney, Many new traffic safety laws became effective on January 1, 2016, and Illinois drivers need to be aware of what changes have taken place so that they are not caught off guard by law enforcement if they happen to violate one of the new laws without knowing. Of particular importance to the typical Illinois driver are the changes to some traffic offenses and DUI laws. A synopsis of all of the changes that take effect in 2016 can be found on the Cyber Drive Illinois website.

Changes to Traffic Offenses

  • Aggravated speeding can be charged whenever a driver speeds past a school bus or through a construction site going more than 26 miles per hour over the posted speed limit, pursuant to HB 1453 PA 99-0212;
  • If a driver is involved in an accident that causes the death of another, the Secretary of State will revoke the driving privileges of the individual responsible for the death. Revocation is effective 90 days after the revocation notification is mailed, pursuant to HB 3670 PA 99-0297;
  • Pursuant to HB 4074 PA 99-0300, when an Illinois resident has had a license revocation in another state for more than 10 years, he or she may apply for an Illinois driver’s license, if all of the requirements for reinstatement are satisfied; and
  • Temporary stop signs put into place be the Illinois Department of Transportation must be treated as permanent stop signs in accordance with SB 1388 PA 99-0124.

Changes to DUI Laws

  • After serving a five year revocation of their driver’s license, individuals who have been convicted of four or more DUIs will now be eligible to request an Illinois Restricted Driving Permit for the Illinois Secretary of State’s Office, pursuant to HB 1446 PA 99-1446. As a condition of approval of the request for the Restricted Driving Permit, the driver’s vehicle must be equipped with a breath alcohol ignition interlock device for the remainder of the individual’s driving lifetime;
  • Individuals who would like to have their driver’s license reinstated after being convicted for a second or subsequent DUI charge must obtain a Restricted Driving Permit and have an breath alcohol ignition interlock device installed in their vehicle for a period of five years before seeking the reinstatement of their driver’s license, pursuant to HB 3533 PA 99-0297; and
  • Pursuant to SB 0627 PA 99-0040, those arrested for DUI are now encouraged to sign the “Warning to Motorist” document that is read to these individual’s upon arrest. Refusal to sign the warning will be noted by law enforcement on the bottom of the document.

Call the Law Offices of Christopher M. Cosley

The above identified changes to traffic and DUI laws took effect January 1, 2016. If you have been charged with a DUI or a traffic offense and you are being charged under one of the above new laws, you should contact a skilled Rolling Meadows criminal lawyer immediately. Our attorneys are prepared to provide you with a consultation and assist you with your case.

 

Source:

http://www.cyberdriveillinois.com/newlaws16.pdf

Counterfeiting as a Federal Crime and a State Crime

January 25th, 2016 at 10:58 am

Illinois defense attorney, Illinois white crimes lawyer, Illinois criminal lawyer, Counterfeiting is a serious crime that involves the illegal and unauthorized reproduction of legal tender (i.e., money), goods or documents that is made in a way that would likely fool an unsuspecting recipient of the counterfeited item. It is a form of fraud with very serious consequences. Common examples of counterfeiting include:

  • Counterfeit U.S. or foreign currency;
  • Counterfeit government issued bonds;
  • Counterfeit educational degrees;
  • Counterfeit legal documents (i.e., passports, birth certificates, immigration papers, Social Security cards, etc.);
  • Counterfeit common goods, which includes knock off products;
  • Counterfeit of a trademark;
  • Counterfeit credit cards or debit cards;
  • Counterfeit luxury goods, such as name brand watches, sunglasses or purses; and
  • Counterfeit checks.

Advances in printing technology have made it substantially easier to commit this white collar crime than in decades past. This means that more people have the ability to create counterfeit items with a high level of accuracy in terms of resembling the real thing. Counterfeiting is usually a fairly large operation, as it requires someone to make the counterfeit item, but operations also often include someone to sell the counterfeit item. Simply being caught with a counterfeit item with the intent to distribute or sell the item is illegal.

Counterfeiting Laws

Counterfeiting is a crime at both the state and federal level.

  • In Illinois, the counterfeiting laws include:
    • Counterfeiting Credit or Debit Cards. Counterfeiting is specifically defined under 720 ILCS 5/17-0.5 as the manufacture, creation or production of a credit or debit card without authorization or consent from the purported issuer of the card.
    • Counterfeiting Goods or Trademarks. 765 ILCS 1040/1 addresses what constitutes a counterfeit item, or trademark and 765 ILCS 1040/2 details the crime of using or circulating counterfeit or imitation goods.
  • At the federal level, federal counterfeit law includes:
    • 18 U.S.C. Section 471. Under this law, it is illegal to defraud, forge, counterfeit, falsely make, or alter any form of money, security or obligation of the United States.

Counterfeiting Money Is the Most Popular Form of Counterfeiting

Counterfeiting money is the most popular form of counterfeiting in the United States, with the $20 bill being the most commonly counterfeit dollar bill. If too much fake money enters into circulation, U.S. currency will lose value. The federal government has spent a lot of time and money trying to design complicated currency with a number of counterfeit prevention and detection features. The government takes counterfeiting of money very seriously and prosecutes it aggressively.

Call the Law Offices of Christopher M. Cosley

There are significant consequences to be faced if you are convicted on counterfeiting charges. If you have been notified by the authorities that you are being investigated for counterfeit operations, an experienced white collar crime lawyer can help you with your criminal defense. Contact a passionate Rolling Meadows white collar crime defense attorney to discuss the specifics of your case with a professional today. We are prepared to help you with your case.

 

Sources:

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2233&ChapterID=62

https://www.law.cornell.edu/uscode/text/18/471

Powdered Alcohol Now Illegal in Illinois

January 20th, 2016 at 12:12 pm

Illinois defense attorney, Illinois criminal attorney, Illinois criminal statutes, The newest rendition of alcohol is a freeze dried form of powdered or crystallized alcohol. The powdered alcohol is considerably lighter than traditional liquid alcohol and can easily be transported. The powdered alcohol is mixed with water or other liquids to form an alcoholic beverage.

Powdered alcohol was approved for use in the United States by the Alcohol and Tobacco Tax and Trade Bureau in 2015. However powdered alcohol is not readily available in the United States. Obtaining the approval of the Alcohol and Tobacco Tax and Trade Bureau was the last regulatory step required before powdered alcohol can be manufactured and sold in the United States. The earliest that powdered alcohol will be available for purchase in the United States is by the upcoming summer. But there are a number of states that have proactively banned powdered alcohol sales and use before the substance is even available on the market.

Illinois Bans Powdered Alcohol

Senate Bill 0067 added 235 ILCS 5/34.5 to the Liquor Control Act of 1934. Effective as of January 1, 2016, the new law prohibits the buying and selling of powdered alcohol products in Illinois. The new law makes a first offense classified as a Class A misdemeanor, while a second or subsequent offense is classified as a Class 4 felony. The new law focuses on the buying and selling, or reselling of powdered alcohol – the law does not address purchasing powdered alcohol legally out of state and then transporting it into Illinois for personal consumption.

While it may not be possible to purchase powdered alcohol in Illinois, a number of nearby states do not have laws banning the sale or use of powdered alcohol. For instance, Wisconsin, Iowa and Missouri lack any sort of ban on powdered alcohol, and it would not be difficult for those Illinois residents who want to try the product to travel across state lines, purchase the powdered alcohol legally, and then bring it back to Illinois for personal consumption.

Concerns about Under-Aged Consumption of Powdered Alcohol

Concern surrounding under-aged drinking abounds in Illinois, and there is no doubt that there is concern about the impact that a powdered form of alcohol will have on under-aged drinking once it becomes available for purchase. There is a high likelihood that the new form of alcohol will become a drinking fad among young people, and as previously mentioned, there is little to stop young people from purchasing the powdered alcohol (legally or illegally) in other states for use in Illinois.

Additionally, there are concerns about how potent the new substance will be. Like liquid alcohol, a powdered version can get a person drunk, but questions arise as to how quickly a powdered version could impact a person’s judgement. To be sure, it takes longer for the body to process the powdered form than liquid alcohol.

Imagine a scenario where a powder alcohol drink is mixed up and drank immediately, before the powder has time to fully dissolve into the mixer. A person could theoretically get behind the wheel while not feeling drunk, only to become gradually more affected by the alcohol as the powder fully dissolves. A DUI could easily result from this scenario.

Call the Law Offices of Christopher M. Cosley

It may be a while before powdered alcohol is available to the public, but once it is there is no doubt that some individuals who consume it will end up having a brush with the law. If you are facing alcohol-related criminal charges, please contact an experienced Rolling Meadows aggravated DUI lawyer immediately. Our skilled attorneys are prepared to assist you today

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-34.5

Sealing a Criminal Record in Illinois

January 18th, 2016 at 12:05 pm

Illinois criminal justice system, Illinois defense attorney, Illinois criminal lawyer, When you are convicted of a crime in Illinois, you may not want everyone to know that you have been convicted. Unfortunately, as a general rule, most criminal records are made available for public inspection. However, certain crimes may be eligible for expungement, which means that all records about that crime can be completely removed from the court records and indexes except for a copy that is provided to you, or sealing. Sealed records are kept confidential, and only a limited set of people may access them.

In some situations where you were charged with a crime, but not convicted, a criminal record will be generated, but it may also be eligible for expungement or sealing. Expungement of a criminal record is the best possible scenario, but sometimes it is not possible to obtain an expungement because the crime is ineligible. The next best option would be to try and have the record sealed.

What Does It Mean to Seal a Criminal Record in Illinois?

Sealing a criminal record in Illinois means that the record is physically and electronically maintained, but the sealed criminal record is not made available to the public without a court order. Additionally, the petitioner’s name (the name of the person with the criminal record) is obliterated, or removed, the from any official index or public record. But law enforcement agencies, the courts, as well as a few employers and other entities as allowed by law will retain the ability to access sealed criminal records.

Obtaining a Certificate of Sealing

Only certain crimes are eligible for sealing. Most misdemeanor crimes and some felonies are eligible. It is best to discuss whether the crime you are seeking to seal is eligible for sealing with an experienced Illinois criminal defense attorney. One way to get your criminal record sealed is to obtain a Certificate of Sealing from the State of Illinois Prisoner Review Board.

Once you know that the crime is eligible for sealing, you must wait either five years from the end of the sentence for the crime or five years from your most recent arrest in order to be eligible to file a petition, i.e., an application, for obtaining a Certification of Sealing. Additional criteria may apply to your eligibility status. For instance, if your crime involved drugs, you are required to complete and provide proof of your mandatory drug program.

If your application is accepted, you will be granted a Certificate of Sealing by the Board, which can be filed with the circuit court so that you can obtain a court order to seal your criminal record. If your application is denied, then you must wait four more years before attempting to obtain a Certificate of Sealing.

Call the Law Offices of Christopher M. Cosley

Criminal records can be a burden on those who have them, and many people with criminal records are interested in having their records sealed from public view, or expunged all together.  If you have a criminal record that you are interested in sealing or having expunged, contact an experienced Rolling Meadows criminal defense lawyer to discuss whether your criminal record is eligible. Our attorneys are prepared to assist you today.

 

Sources:

http://www.illinois.gov/prb/Pages/default.aspx

https://www.illinois.gov/prb/Documents/Certificate%20of%20Sealing%20application.pdf

Giving a False Confession

January 13th, 2016 at 9:35 am

Illinois defense lawyer, Illinois criminal attorney, criminal defense, Many people who have been taken into custody feel pressured and scared. When criminal suspects do not know their rights, there is a chance that law enforcement will take liberties with the suspect, questioning them and trying to draw out a confession, when the suspect should have asked for an attorney. Juveniles accused of a crime are particularly at risk for this to happen to them. Sometimes, law enforcement will say that the suspect admitted to something, or confessed, when in reality they did not, or sometimes law enforcement will twist something the suspect says and call it a confession. Regardless of how it happens, these are not true confessions. They are fake or coerced, and should not be taken as the truth.

Police and prosecutors will treat a false confession as if it were real, and proving that the confession was fake or coerced from the start can be challenging. A false confession can lead to a criminal conviction, a long prison sentence, and a lasting criminal record.

Why Do Suspects Give False Confessions in the First Place?

There are a number of reasons why a suspect might give a false confession. They might be overwhelmed by the whole situation, they might be pressured into the false confession, or police might have threatened the suspect into confessing or tricked the suspect by using psychological manipulation. The police might suggest that they have more evidence than they really do against the suspect, or that the charges that the suspect faces are less serious than they really are. These techniques can all be used to elicit a false confession from a criminal suspect.

Some suspects are vulnerable from the outset, and are more likely than the average person to give a false confession. Criminal suspects who have developmental disabilities, cognitive impairments, or emotional issues are more likely to crack under pressure, or are more likely to not understand what it is that they are doing. These individuals can be susceptible to influence, high-pressure tactics, and the power of suggestion.

Additionally, young individuals who are facing criminal charges may not fully understand the impact of what giving a false confession means for them. A young person might give a false confession because they are scared, or because they are trying to cover for their friends who perpetrated the crime. Juveniles often have an imperfect understanding about what the consequences are to admitting criminal guilt.

Anyone who is facing criminal charges should ask for an experienced criminal lawyer and should not tell the police anything until discussing their situation with a lawyer first.

Call the Law Offices of Christopher M. Cosley

Giving a false confession is a serious matter, because it can lead to a conviction which can put you in jail for a crime you did not commit. Let an experienced Rolling Meadows criminal defense attorney help you develop your criminal defense if you are facing charges. Please contact the Law Offices of Christopher M. Cosley. We can also be reached by calling (847) 394-3200.

 

Sources:

http://www.innocenceproject.org/causes-wrongful-conviction/false-confessions-or-admissions

Forgery: White Collar Crime

January 11th, 2016 at 9:24 am

Illinois criminal lawyer, Illinois defense attorney, Illinois criminal laws, When an act of forgery involves money in someway, the crime is generally characterized as a white collar crime. According to 720 ILCS 5/17-3, forgery occurs when a person knowingly, with the intent to defraud someone else, makes a false document, object or statistic, or alters any of these to make them false. The forgery must be capable of defrauding another individual. Simply supplying a document that you know to be false can be considered forgery, as can merely having a forged document in your possession, with the intent to defraud another.

Forgeries can take many forms. Some of the most common examples of forgery include:

Identity Theft

Forged documents are commonly used in identity theft cases. One person poses as another by misrepresenting their identity, which can be as simple as filling out a form as if you were someone else, or manufacturing a fake passport or driver’s license with your photo, but someone else’s personal identification information. These crimes often arise when a person tries to take out a line of credit or obtain a credit card with personal identification information that has been misappropriated or stolen.

Counterfeiting

Counterfeiting is related to forgery, but is a more serious offense. Counterfeiting, for the most part, falls to the purview of federal jurisdiction (meaning it is a federal crime), but Illinois law also tackles the crime under the deception and frauds statutes, 720 ILCS 5/17-0.5. Counterfeiting occurs where a person manufactures something that is fake, but acts or uses the manufactured item as if it were legitimate, authorized or real. A person can counterfeit, or manufacture, any number of items, including but not limited to fake money, passports, IDs, credit cards, legal papers, and goods.

Bad Checks

When it comes to writing bad checks, there are two main types: issuing a check when you know that there are insufficient funds to cover the check’s value, and fraudulently issuing a check (either posing as someone else, or using a fraudulently obtained or stolen check). Issuing bad checks can fall under the umbrella of forgery if some aspect of the bad check is deceptive, and the person who “issues” the check does so with the intent of defrauding the recipient of the check.

What Defenses Can Be Used for Forgery Charges?

When you are charged with forgery, there are a number of defenses that could be raised on your behalf. For instance, if someone posed as you – i.e. stole your identity – and then committed forgery, you are not the person who had the intent to defraud, and you were not the person involved in the forgery.  You were merely a victim of identity theft.

It is also possible that your forgery charges could be defended against if you lacked knowledge that you were committing a forgery, which is commonly tied to lacking the intent to defraud someone. Simply making a mistake on important paperwork, or failing to notice a mistake, is not fraud or forgery, unless you had the intent to defraud another. An experienced criminal lawyer can go over the details of your alleged crime, and can help you develop the best legal defense you have available in light of the specific facts of your case.

Call the Law Offices of Christopher M. Cosley

Forgery charges are serious charges. When you need a white collar crime lawyer, contact a skilled Rolling Meadows criminal defense attorney as soon as possible. An attorney can help you protect your rights in your criminal case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+24&ActID=1876&ChapAct=720%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=53&ChapterName=CRIMINAL+OFFENSES&SectionID=60752&SeqStart=50300000&SeqEnd=53000000&ActName=Criminal+Code+of+1961.

Field Sobriety Testing in Illinois

December 23rd, 2015 at 4:54 pm

Illinois defense attorney, Illinois dui lawyer, Illinois criminal lawyer, Law enforcement in Illinois takes driving under the influence of alcohol very seriously. Police regularly conduct DUI checkpoints, and pull over drivers who are suspected of operating a vehicle while under the influence. Before making an arrest, officers generally will ask a suspected drunk driver to participate in field sobriety testing, in accordance with 625 ILCS 5/11-501.2(a-5).

What Are the Standard Field Sobriety Tests in Illinois?

Many people have heard of field sobriety tests, but are not clear on what these tests are or what they entail until they are faced with them while pulled over on the side of the road. The standard field sobriety tests (FST) were developed by the National Highway Traffic Safety Administration (NHTSA) and consist of three tests designed to present indicators of intoxication of an individual. The tests include:

  • The One Leg Stand. Under this test, a suspect is required to stand on one leg, raising one foot off the ground six inches and must maintain his or her balance for a full 30 seconds;
  • The Walk-and-Turn. A suspect is instructed to execute the test according to the officer’s instructions exactly. The instructions require the suspect to walk nine steps forward in a heel-to-toe fashion in a straight line, turn around on one leg, and walk nine steps backwards; and
  • The Horizontal Gaze Nystagmus. When a person is under the influence of alcohol, they may exhibit involuntary jerky eye movements, or the inability to smoothly visually track an object.

These tests assess physiological responses to alcohol, such as slow movement, poor sense of balance and poor memory function, to determine whether a driver might be intoxicated.

How Accurate Are These Tests?

One might wonder how accurate FSTs can be when people have medical conditions, are panicked by being pulled over by law enforcement, or have other legitimate reasons for not being able to perform the FSTs perfectly. Research conducted for the NHTSA on just how accurate these tests are at determining whether a suspect is under the influence reveals that:

  • The one leg stand test is accurate about 83 percent of the time;
  • The walk-and-turn test is only accurate 79 percent of the time; and
  • The horizontal gaze nystagmus test is accurate 88 percent of the time.

Field sobriety tests are voluntary, and you can refuse to participate in them. While there are consequences of not submitting to FSTs, it can be helpful if you are later charged since you will not have those tests as evidence against you. Failing one of these tests often gives the officer probable cause to make an arrest.

Let Our Attorneys Help You

Being arrested for a DUI is serious business. If you are facing DUI charges, you refused to submit to field sobriety testing, or you refused to submit to a breathalyzer or some other chemical testing to determine your blood alcohol concentration, you will need to consult with an experienced DUI criminal defense attorney. Your lawyer can discuss what options are available to you. Please contact a dedicated Rolling Meadows DUI attorney immediately at the Law Offices of Christopher M. Cosley. You can reach us at (847) 394-3200 today.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.2

http://dwitrialprep.com/sfst_anacopa_1998.pdf

Criminal Defenses: Having an Alibi for Criminal Accusations

December 21st, 2015 at 4:51 pm

Illinois defense lawyer, Illinois criminal attorney, Illinois criminal justice system, Criminal charges are based on some sort of evidence that was found at the scene of the crime, that tends to point to a particular person. The evidence might not necessarily confirm that a suspect committed the crime, but the evidence suggests that the suspect has some relationship to the crime, such as having been present at the scene of the crime at some point in time or that the suspect had ties to the victim, etc. Alibis are a powerful tool for criminal defense as they can refute criminal accusations.

What Are Alibis?

When a suspect has an alibi, it means that the suspect was somewhere else, doing something else, or was with someone else at the time the alleged crime was committed. A valid and confirmable alibi provides evidence that the suspect/defendant is not the person who committed the crime because he or she was somewhere else or doing something else. An alibi is not an affirmative defense in Illinois, meaning even if the criminal defendant can prove the alibi, the jury is still tasked with making the decision as to whether to convict or not. However, a strong alibi is difficult for the prosecution to refute and the jury to ignore.

Evidence to Support an Alibi

Evidence of an alibi can vary depending on what the alibi is and who or what can be used to prove it. A few types of evidence that are helpful in supporting an alibi include:

  • Video footage or photographs of the defendant somewhere else at the time of the crime. Time stamped security tape or surveillance footage from businesses or other establishments is often used to support an alibi. Video and photographic evidence is good for an alibi because it is objective evidence – short of a forgery, video footage and photographs do not lie;
  • Documentary evidence of the defendant being somewhere else. When a defendant can provide documentary evidence that he or she was somewhere else it helps to support the alibi. Receipts, intake records (if defendant was admitted to a hospital, or other institution), telephone and GPS location records, and credit card swipe records can show that the defendant was somewhere else at the time the crime was committed. Documentary evidence is good for alibis since it is usually impartial and objective evidence; and
  • Witness testimony supporting the alibi. Many criminal defendants offer an alibi through witness testimony. This evidence is most powerful when the witness is a person who was with the criminal defendant at the time of the crime. The more witnesses who can vouch for the defendant’s whereabouts, the better. Witnesses are subjected to examination and cross-examination while on the stand, so a witness that does not know the defendant, i.e., doesn’t have a personal relationship with the defendant, is going to be a stronger witness than someone who has a relationship with the defendant. An unbiased witness is good for an alibi. A witness that is close to the defendant might be biased and there are more opportunities to discredit a witness that is close to the defendant.

When a criminal defendant plans to use an alibi as a defense, the prosecution must be notified of the defense’s intentions. Asserting an alibi as a defense to an alleged crime shifts the burden of disproving your alibi to the prosecution. The prosecution must do so beyond a reasonable doubt.

Call the Law Offices of Christopher M. Cosley

If you are facing criminal charges and you have an alibi, you will need to consult with an experienced criminal defense attorney. Your lawyer can discuss what options are available to you. Please contact a passionate Rolling Meadows defense attorney immediately at the Law Offices of Christopher M. Cosley. Our phone number is 847-394-3200.

 

Source:

http://www.illinoiscourts.gov/supremecourt/rules/art_iv/artiv.htm

Statute of Limitations for Criminal Charges

December 15th, 2015 at 9:49 am

Illinois criminal statutes, Illinois defense lawyer, Illinois criminal attorney, Criminal charges need to be brought as soon as possible in order to expedite justice and to ensure that critical components of the crime, such as evidence and witnesses’ recollections of the events that took place, are fresh and viable. But that is not to say that some charges cannot be brought against an accused many months or years after the actual crime took place. As such, one question remains: is there any limit on how long after a crime that charges can be brought?

Most criminal charges are subject to a statute of limitations, which is a window of opportunity in which charges for a crime must be brought against the accused or else they will be time barred, at which point a court will no longer hear the case against the accused. A statute of limitations begins either after the crime is committed or a victim learns that a crime has been committed against him or her. The statute of limitations forces the state’s prosecutors to move forward on a criminal case in a timely manner.

Statute of Limitations for Common Crimes in Illinois

A number of crimes in Illinois carry a statute of limitations, but not all do. The length or duration of a statute of limitations for a particular crime generally correspond to how serious the crime is, with less serious offenses having short statutes of limitations, while serious crimes may carry no statute of limitations at all. Illinois statute 720 ILCS 5/3-5 lays out the statute of limitations for criminal offenses.

  • Depending on whether the facts of the case warrant a misdemeanor charge, charges for the crimes of assault, disorderly conduct, receiving stolen property, and theft can all carry an 18-month statute of limitations;
  • Depending on whether the facts of the case warrant a felony charge, charges for the crimes of assault, burglary, disorderly conduct, kidnapping, rape (depending on the facts of the case), receiving stolen property, robbery, and theft all carry a three-year statute of limitations; and
  • Arson, rape (depending on the facts of the case), involuntary manslaughter, reckless homicide, forgery and  and murder and attempted murder carry no statute of limitations, and charges for these crimes can be brought at any time after the crime occurred.

What Happens If the Statute of Limitations for a Crime Has Expired?

When a statute of limitations for a criminal charge has expired, the criminal action is time-barred and if charges for the crime are brought against the defendant, the charges will be dismissed. Defendants must raise this defense under 735 ILCS 5/2-619(a)(5) by filing a motion for dismissal of the action with the court so that the court is aware that the case is defective and has gone stale.

Let Us Help You Today

Accusations that you committed a crime a long time ago can be troubling, but criminal charges that are too old and are beyond the statute of limitations cannot be tolerated or allowed to move forward. Please contact a Rolling Meadows criminal defense attorney at once for assistance with your case. Our law firm is prepared to help you throughout each step of the legal process.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K3-5

http://www.ilga.gov/legislation/ilcs/documents/073500050K2-619.htm

Treatment, Not Jail: A New Approach to Handling Heroin Addiction in Illinois

December 8th, 2015 at 9:13 am

Illinois drug crimes attorney, Illinois defense lawyer, Illinios criminal attorney, Heroin addiction in the United States is running rampant, with some areas of the country so affected by the prevalence of heroin addiction that the media often refers to it as a “heroin epidemic.” Heroin is very addictive and in recent years it has become popular to mix heroin with other high-enhancing drugs, which has led to an unfortunate and sobering number of deaths.

A New Approach: Treatment Programs, Instead of Jail Time

Police in small towns across Illinois are taking steps to try and help heroin addicts beat their addiction by providing assistance rather than punishment when addicts come forward seeking help. By working with addicts who want to get off heroin, police officers are getting these addicted individuals into detox facilities and into rehabilitation programs rather than putting them in jail. Addicts can even bring their drugs and paraphernalia to the police station for disposal, and the police will not press charges for heroin possession or possession of drug paraphernalia.

By targeting the demand for heroin, rather than trying to control the supply, law enforcement could be nipping the heroin problem in the bud. The model employed by Illinois police is modeled after a similar technique recently undertaken by police in Gloucester, Massachusetts.

Areas in Illinois That Are Trying This Approach

After the police officers in Gloucester, Massachusetts were met with so much success when they rolled out their treatment instead of drug charges plan, other law enforcement took notice and began implementing their own version of this program. Some of the towns in Illinois that have adopted some form of this new approach to curbing heroin activity on the streets include:

  • Rolling Meadows. Rolling Meadows police offer the Second Chance-Heroin Amnesty Program, where heroin addicts can go to the Rolling Meadows police station for intervention assistance with opiate addiction.
  • Dixon. According to the Chicago Tribune, law enforcement in Dixon, Illinois has already successfully helped 20 individuals who have come forward seeking treatment for their heroin addiction. Dixon law enforcement was moved to make a change in how they were handling heroin cases when three people died of heroin overdose in February of 2015.

How Do These Programs Work?

The programs all share an overarching approach where an addict can come to a police station and request help with getting off heroin. The addict can bring any heroin, needles or other paraphernalia and turn it over to police, without risking having criminal drug charges raised. The program is explained to the heroin addict, and he or she is escorted to a rehab facility where he or she can get clean.

The system is not perfect. People seeking help must voluntarily show up to the police station and request help; a person cannot get arrested for heroin and then claim to want to participate in the rehabilitation program. Additionally, there are individuals who will voluntarily enter the rehab program who will ultimately relapse. But at least steps are being taken to try and address the core issue of addiction.

Call the Law Offices of Christopher M. Cosley

To take advantage of these amnesty programs offered by local law enforcement, an individual must approach the police voluntarily. Being caught with drugs will not qualify you for the amnesty under these programs. If you are facing heroin charges, or any other criminal drug charges, please contact a passionate Rolling Meadows defense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for an initial consultation on your case.

 

Sources:

http://www.boston.com/news/local/massachusetts/2015/05/05/gloucester-cops-addicts-ask-for-help-and-won-arrest-you/9nrZEse0deDpPqt1t1VozI/story.html

http://www.ci.rolling-meadows.il.us/612/Second-Chance-Heroin-Amnesty-Program

http://www.chicagotribune.com/news/ct-heroin-addiction-police-help-met-20151108-story.html

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