Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Do You Know About the Drug-Free Zones in Illinois?

September 19th, 2019 at 7:25 am

IL defense lawyer, IL drug crimes attorneyIllinois has very strict laws surrounding drugs. Anyone convicted of committing an offense outlined in the Illinois Controlled Substances Act is subject to harsh penalties, no matter where they are at the time. However, location matters when charged with a drug crime. Like many other states, Illinois has drug-free zones. This means anyone caught committing a drug crime in these zones will face increased penalties, which may include several decades in jail.

Drug-free zones are highly controversial, and many states are considering removing these zones from their statutes. Unfortunately, Illinois has not yet made any such proposal to change their legislation.

How Drug-Free Zones Work

It was during the “War on Drugs” in the 1980s that drug-free zones became written into the law of every state. These laws stated there were certain zones that must be kept drug-free. The intent was to keep drugs out of the hands of children and protect them from other crimes such as theft, prostitution, and violent crimes associated with drug activity.

To ensure these zones were kept drug-free, these laws impose higher penalties for those caught committing a drug crime while in them. It does not matter if the offense involved a child or even the sale of drugs. Even those charged with a simple possession offense will face increased penalties under the law.

What Are the Drug-Free Zones in Illinois?

Drug-free zones are areas where children may be nearby. When most people think of these zones, they often only think of schools and public parks. However, the drug-free zones in Illinois keep expanding to include other areas, as well. Areas designated as drug-free zones in the state also include:

  • Public housing
  • Drug treatment facilities
  • Nursing homes
  • Highway and roadway rest areas
  • Churches
  • Truck stops
  • Correctional facilities

Some of these areas encompass much of Illinois, and that is why these laws are so controversial. Increasing penalties for offenses allegedly committed in these zones is only contributing to the state’s high incarceration rate. It also means the sentences for those convicted are disproportionate to the offense.

Enhanced Penalties for Drug-Free Zone Offenses

When a person commits a drug crime in a drug-free zone, the penalty is typically doubled if they are convicted. The prison time sentenced and fines issued will depend on the type of crime committed. The penalties for drug crimes not committed in a drug-free are below. Even though they do not reflect the enhanced sentencing, they are already very harsh.

  • Class X felonies: Six to 60 years in prison and a possible fine of $500,000 or the street value of the drug in question, whichever is greater
  • Class 1 felonies: Four to 15 years in prison and a maximum fine of $250,000
  • Class 2 felonies: Three to seven years in prison, and a maximum fine of $200,000
  • Class 3 felonies: Two to five years in prison, and fines ranging between $75,000 and $150,000
  • Class 4 felonies: One to three years in prison and a maximum fine of $25,000

When these penalties are doubled, it is easy to see how someone could spend the rest of their life in prison simply for being in the wrong place.

Charged with a Drug Crime? Contact Our Illinois Criminal Defense Attorney

If you have been charged with a drug crime, particularly if it occurred in a drug-free zone, you need a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we can provide the defense you need. We will challenge law enforcement’s investigation of the case, and refute arguments made by the prosecution. We will ensure your rights are protected every step of the way and give you the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

Illinois DUI FAQs

September 12th, 2019 at 7:20 am

IL DUI lawyer, IL defense attorney, There are many myths floating around out there about a person’s rights and obligations when they are pulled over for a DUI. This leads to many questions, and people not being aware of what they should do and what they should not if a police officer pulls them over. It is important that everyone in Illinois knows what the law requires of them, so they do not find themselves in deeper trouble after the initial traffic stop. Below are some of the most frequently asked questions about DUI charges in Illinois, and the answers to them.

What Is a DUI?

DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero.

What Happens During a DUI Traffic Stop?

In Illinois, law enforcement is only allowed to pull someone over for a suspected DUI if they have reasonable cause. This means they must have observed conduct that was not consistent with reasonable driving behavior. If they saw a driver swerving in and out of lanes, for example, that is reasonable cause.

A police officer will likely begin by asking for your driver’s license, vehicle registration, and insurance information. If they still suspect that you are under the influence, they will then ask you to perform certain sobriety tests. If, after performing the field sobriety tests, the officer still suspects you of DUI, they will arrest you and take you to the police station.

It is important to understand that there is no law in Illinois that requires you to take field sobriety tests. Submitting to them could hurt your case in the future, as they are highly unreliable.

What Happens if I Refuse a Chemical Test?

Chemical tests can include breath, urine, or blood testing. While you can refuse field sobriety tests, you cannot refuse chemical testing. Under Illinois’ implied consent laws, all drivers have already given consent for this testing when they get behind the wheel. Anyone that fails to submit to these tests will have their license suspended for one year.

What Is a Statutory Summary Suspension/Revocation?

If you refuse to take the chemical tests or fail the tests, your license is automatically suspended. This suspension takes place 46 days after the date on the suspension notice. Anyone with an Illinois driver’s license that refuses chemical testing in any other state will also have their license suspended in Illinois.

Do I Need an Illinois DUI Lawyer?

Yes. If you have been charged with DUI, there is a lot on the line. You will likely lose your license if you have not already, and you could even face jail time. A skilled Rolling Meadows DUI lawyer will do everything they can to prevent that from happening. At the Law Offices of Christopher M. Cosley, we want to help. We will fight for your rights, ensure the traffic stop was legal, and prepare a strong defense to give you the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation so we can start discussing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

False Accusations of Domestic Violence

September 5th, 2019 at 7:14 am

IL defense lawyer, IL defense attorney, Being falsely accused of domestic violence is extremely scary. You are likely confused, emotional, and wondering what to do next. These are all very natural reactions. However, the things you do, and do not do, in the next few days and weeks are important. They can help your case, or result in the prosecution pursuing charges. Below are the three most important things to do when someone has falsely accused you of domestic violence.

Do Not Speak to the Other Party

It is very common for those falsely accused to want to reach out to the other party. This is one of the biggest mistakes made in domestic violence cases. It is crucial you do not speak to your accuser. If there has been an order of protection issued against you, this is a violation that has serious consequences. Even if an order has not been issued, speaking to your accuser can have disastrous consequences. They may use anything you say against you later on, and could even take your words out of context.

Gather Evidence

You may think the other side is busy collecting evidence to prove their case, and that is likely true. However, it is important you start collecting evidence, too. Domestic violence cases often involve little more than both parties telling their side of the story. Judges must determine who they believe, with little evidence to review.

When you have been falsely accused, you know there is no evidence, or that it has been manufactured. This can make it even more frightening, but this can sometimes work in your favor. You can gather evidence to refute any they may present. Evidence you should gather includes texts and emails to prove a history of false allegations, medical records to dispute accusations of injuries, and proof of the accuser’s history of substance abuse.

Speak to Witnesses

Again, due to the fact that there is often very little evidence in domestic violence cases, witness testimony is crucial. Speak to people that are familiar with the relationship and that can testify there has never been any violence, to their knowledge. If there are witnesses that can also testify about false accusations in the past, or the reason for the false accusation, that could also greatly help your case. Judges weigh witness testimony very heavily when making their decisions. They are also more likely to believe your side of the story if others corroborate it.

Contact an Illinois Domestic Violence Attorney Today

Those falsely accused of domestic violence potentially face a long process to clear their name. Do not do it on your own. Too many people think accusations made in the heat of the moment will go away on their own. Too often, they do not. It is crucial you speak to a skilled Rolling Meadows domestic violence attorney as soon as possible. If you have been falsely accused, call the Law Offices of Christopher M. Cosley today at 847-394-3200. We will advise on the next steps to take, ensure your rights are upheld throughout the process, and give you the best chance of success. Contact us today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

What Is Reckless Driving in Illinois?

August 28th, 2019 at 9:50 am

IL traffic violation attorney, IL defense lawyerIn early July, a Joliet man was charged with reckless driving, among other charges, and was placed in jail. Many people think reckless driving is a simple traffic violation, similar to being pulled over for speeding. However, in Illinois, reckless driving is a very serious charge. It could even lead to jail time. So, what is reckless driving in Illinois, and what are the possible penalties?

Reckless Driving in Illinois Defined

Illinois statute 625 ILCS 5/11-503 provides a few definitions for reckless driving. The first is operating a vehicle in such a way that shows a complete disregard for the safety of other people. Under this statute, reckless driving is also defined as using an incline, such as a hill, railroad crossing, or bridge approach, to cause a vehicle to become airborne.

While these are very dramatic and somewhat obvious definitions of reckless driving, there is another that many Illinois drivers are unaware of. This is when a motorist drives a vehicle 35 miles per hour over the posted speed limit.

Penalties for Reckless Driving

Most reckless driving charges are considered a Class A misdemeanor, including driving 35 mph over the speed limit. The penalty for this crime is up to one year in county jail.

Charges of reckless driving are upgraded to aggravated reckless driving under certain circumstances. If the reckless driving occurred in a school zone and a crossing guard or minor child became hurt, a person will likely face upgraded charges. This is a Class 4 felony that carries a possible sentence of up to three years in state prison.

When reckless driving causes any person great bodily harm or permanent disfigurement, the accused will also face charges of aggravated reckless driving. This is considered a Class 3 felony with a possible penalty of up to five years in state prison.

Defenses to Reckless Driving

After being charged with reckless driving, many people are surprised to learn of the severe consequences they face. However, it is not the hopeless situation it seems and there are defenses available.

In order to obtain a conviction, the prosecution must prove a person willfully, or intended to, drive recklessly. Intent is very difficult to prove, including in reckless driving cases. This is a very common defense used in reckless driving cases.

In reckless driving cases specifically, the prosecution must also present a Bill of Particulars. This document specifically outlines the actions of the driver that resulted in a reckless driving charge. These actions include swerving in between lanes, excessively speeding, or otherwise acting recklessly. If, after reviewing the Bill of Particulars, a judge determines there is no case, they will dismiss it and the prosecution must drop the charges. This is another very common defense used when facing reckless driving charges.

Charged with Reckless Driving? Contact an Illinois Criminal Defense Lawyer

Many people do not think reckless driving is a serious offense. Unfortunately, to law enforcement and the courts it is, and can have real consequences for those convicted. If you have been charged with reckless driving, do not treat it like a minor traffic violation. There is too much at stake. Contact our skilled Rolling Meadows criminal defense lawyers at the Law Offices of Christopher M. Cosley. We will create a solid defense for you and give you the best chance of a successful outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/073500050K2-607.htm

https://www.theherald-news.com/2019/07/09/joliet-man-charged-with-dui-reckless-driving-charges/a9ky8l3/

What Are Defenses to Domestic Violence in Illinois?

August 21st, 2019 at 9:53 am

IL defense attorney, IL domestic violense attorney Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.

For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.

Self-Defense

Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.

Being Falsely Accused

Arguments in a household can become very heated. Sometimes, they become so heated that one party becomes revengeful and wants to hurt the other person, not physically, but with other consequences. They may call the police and allege domestic violence is taking place. Or, one party may have thought the other was becoming violent when they were not. Again, if the police are called, they may lay domestic violence charges even if the situation had not become violent.

Domestic violence cases are often a case of one person’s word against another’s. These situations tend to happen behind closed doors and with no witnesses. Due to this, it becomes very difficult to determine who is telling the truth. Law enforcement, juries, and judges may automatically favor the victim. For this reason, it is important to raise arguments that contradict the accuser’s story. Perhaps the accused was not even present in the home, or maybe the victim’s story is inconsistent. These arguments raise a good defense in domestic violence cases.

Lack of Proof

In order for the prosecution’s case to be successful, they must present sufficient proof that domestic violence took place. In criminal cases, the prosecution has a very strict burden to prove the defendant guilty beyond a reasonable doubt. Again, because domestic violence often takes place behind closed doors, this is difficult. The victim’s word is not enough to garner a conviction.

Charged with Domestic Violence? Call a Rolling Meadows Criminal Defense Attorney for Help

If you are facing charges of domestic violence, you likely feel as though the situation is hopeless. It is not. There are many defenses available to these charges, and a skilled Rolling Meadows criminal defense attorney can help you determine which one is right for your case. At the Law Offices of Christopher M. Cosley, we know that not every argument is a case of domestic violence, and we are committed to helping those that are innocent retain their freedom. Call us today at 847-394-3200 for your free consultation so we can start reviewing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

Defenses to Retail Theft

August 16th, 2019 at 9:51 am

IL shoplifting lawyer, IL defense attorneyIn May, a woman was sentenced to four years in prison after being convicted of stealing pillowcases from the Mattoon Walmart on July 4 of last year. Her charge was upgraded from a misdemeanor to a felony due to past convictions. No agreement between the defense and prosecution could be reached regarding her sentencing after she pleaded guilty.

The penalty was a harsh one, and one many people face when they are accused of retail theft. Some people face worse. It is because of this that when a person is facing charges of retail theft, they often imagine the worst. However, if you have been charged, it is important to understand there are defenses available.

Lawful Ownership

It is not uncommon for people to shop at the same store time and time again. When they have visited a store in the past and purchased something, they often return to the same store with the same product. The store owner or staff may see the item and accuse a person of retail theft, even though they had purchased it in the past.

Lack of Intent

Sometimes, people shop for many things at one time. Things become cluttered and a person may not realize they still have an unpaid item in the bottom of their cart, or elsewhere that is not readily visible. Upon leaving the store, the store owner or staff may accuse them of trying to steal the item, even though the individual had no intent to do so.

Impaired Mental State

If a person is under the influence of alcohol or drugs at the time they are accused, it could provide the defense that they did not understand they were committing a crime. This sometimes goes hand in hand with lack of intent. For example, someone that is drunk is much likelier to forget they are holding something in their hand when they leave a store than a sober person is.

Additionally, if someone suffers from a mental disability, the defendant can argue they were not aware they were committing a crime.

Mistaken Identity

Like any other crime, sometimes store owners, staff, and law enforcement simply get it wrong and charge the wrong person. This often happens in retail theft cases. Store owners or staff see someone steal an item and follow them into a shopping center or parking lot where there are many people nearby. Sometimes they simply mistake the identity of an innocent person for someone that stole something from them. When the only evidence in these cases is the store owner’s word against the accused, law enforcement may lay charges.

Call a Rolling Meadows Criminal Defense Attorney for Help with Your Case

Retail theft is taken very seriously in Illinois, and can carry very harsh sentences for those convicted. If you have been charged, you need the help of an experienced Rolling Meadows theft attorney. At the Law Offices of Christopher M. Cosley, we know not everyone accused of a crime is guilty. After reviewing your case, we will prepare a solid defense for you to give you the best chance of a positive outcome. Call us today at 847-394-3200 or fill out our online form for your free consultation.

 

Sources:

https://jg-tc.com/news/local/crime-and-courts/woman-gets-years-in-prison-for-stealing-pillow-cases-from/article_f561050f-2cf9-5e35-b8e7-1505bb441453.html

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+16,+Subdiv.+10&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40100000

 

Traffic Ticket FAQs

August 7th, 2019 at 9:48 am

IL traffic ticket attorneyAny time someone is pulled over for a traffic ticket, they have many questions. Will they have to go to court? Will they lose their license? Is traffic safety school an option? These are just a few of the most common questions criminal defense attorneys in Rolling Meadows are asked every day. The answers to them, and to other frequently asked questions about traffic tickets, are below.

What Should I Do if I Am Pulled Over?

If you are pulled over, it is best to cooperate with police. Turn off your engine and radio, and keep your hands visible. Do not reach for your driver’s license or insurance information until the officer asks to see them. Remain calm and friendly, and do not argue with the officer.

Do not admit guilt, even if the officer asks if you know why they pulled you over. The officer could be recording your response so they can use it against you later in court. Cooperate fully and, if the officer issues a traffic ticket, contact an attorney.

Do I Need an Attorney for a Traffic Ticket?

For certain offenses, such as driving over 26 miles per hour the posted speed limit, you will absolutely need an attorney to represent you in court. Sometimes though, even minor traffic offenses will require an attorney, depending on the facts of your case, such as if you have several points on your license already. After receiving any traffic ticket, you should call an attorney that can advise you of your legal options.

Will I Have to Go to Court?

Your traffic ticket will state whether you have to attend court for the offense. In most cases, drivers only have to appear if a conviction will result in jail time or an automatic license suspension. However, mailing in payment for the offense is considered a guilty plea. This is entered onto your public driving record, which can place you at risk for suspension in the future. As such, you may choose to go to court to fight the ticket, even if you are not required to.

Will I Lose My License?

In Illinois, drivers over the age of 21 that receive convictions for three moving violations in the span of one year will likely have their license suspended. Drivers under the age of 21 must only have two convictions for moving violations over the course of two years to have their license suspended. Certain offenses include penalties of automatic license suspension. These offenses include passing a stopped school bus or failing to yield to an emergency vehicle.

Will My Auto Insurance Rates Increase?

If you are convicted of a traffic violation, your auto insurance rates will likely increase. The amount they increase will depend on the nature of the situation and the offense you received the ticket for. If the ticket is dismissed, you are placed on court supervision, or are found not guilty, the offense is not made part of your public driving record. As such, your auto insurance rates will not increase.

Is Traffic Safety School an Option?

Individuals with a clean driving record are sometimes placed on court supervision and given the opportunity to attend traffic safety school. This is a good option, as you will not be convicted of the offense, and the ticket will not appear on your public driving record. As such, you will be less likely to lose your license in the future, and your insurance rates will not increase. While you may be able to request traffic safety school by mail, these cases are most successful when you appear in court to make the request.

Contact an Illinois Criminal Defense Lawyer for Help with Your Ticket

Getting a traffic ticket does not sound like a major event to many. However, under certain circumstances, traffic tickets can have a very detrimental impact on those that receive them. If you have received a ticket and are worried about losing your license or have to appear in court, you must speak with our skilled Rolling Meadows criminal defense lawyers today. Call the Law Offices of Christopher M. Cosley at 847-394-3200 or contact us online for your free consultation. We will help prepare you for court and give you the best chance of keeping your license.

 

Sources:

https://www.einsurance.com/insurance-guide/illinois/auto-insurance/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+6+Art.+II&ActID=1815&ChapterID=49&SeqStart=85500000&SeqEnd=87500000

Should Illinois Raise the Age for Juvenile Offenders?

July 31st, 2019 at 10:19 am

IL defense attorney, Illinois juvenile law attorney, The law on juvenile delinquents in Illinois is garnering international attention. Together, the Justice Lab and Juvenile Justice Initiative are meeting with individuals from Germany and Croatia that are involved in the juvenile justice system in their own countries. Among them are prosecutors, judges, and probation leaders. Their hope is to create better strategies to deal with juvenile delinquents in Illinois so the state can see reduced recidivism rates and help enable the state’s youth for a better tomorrow. One of the main factors they are considering is raising the age of juvenile delinquents in the state.

The Current Law

Currently, anyone that is 18 or younger and charged with a crime is considered a juvenile delinquent. Historically, anyone charged with a felony was charged in adult court, regardless of their age. That law was changed in 2014 so that those under the age of 18 and charged with a felony were also considered juvenile delinquents.

However, there are some exceptions. At the court’s discretion, if the crime is considered especially heinous, a juvenile could be tried in adult court. These crimes typically include particularly violent offenses such as rape and murder.

The Proposed Law

At the meeting that involved foreign individuals in the criminal justice system, recommendations were made to raise the age of juvenile delinquents from 18 to 21. State Senator Laura Fine from Glenview has also suggested raising the age from 18 to 21 in Senate Bill 239.

Fine has seen for herself what raising the age does. After visiting Germany, a country that deems anyone under the age of 21 a delinquent, she says she has seen real progress. When introducing the bill, she stated the many benefits the new law would have, and why it is so important in today’s world.

Benefits of the Proposed Law

One argument Fine gave for increasing the age was that those between the ages of 18 to 25 had the highest rate of recidivism. That is, they are the individuals most likely to commit another crime upon their release. This is due to the fact that this younger age group is not as fully developed as older adults and as so, they should not be treated as such.

Fine also pointed to the fact that youths are dealing with so much more today than they were when the law was originally created. They are on social media all the time, are open to new, and much more damaging, forms of bullying, and regularly participate in active-shooter drills at school, leaving them in fear much of the time.

This pressure is too much for many youths to handle. That is the reason so many minors are simply circulated through the justice system time and time again. This is not only extremely damaging to the youth that is going through it, but also to future victims. By placing older youths in the juvenile system rather than trying them as adults, the hope is that they will get the rehabilitation they need instead of strictly punishment.

Was Your Child Charged with a Crime? Contact a Rolling Meadows Criminal Defense Attorney

There is no doubt that if Fine’s bill passes, it will do a tremendous amount of good for juveniles in Illinois, and the state as a whole. However, we are not there yet. Today, if your child is charged with a crime, they could still be tried as an adult, which will have an incredibly negative impact on the rest of their lives. That does not have to happen.

If your child has been charged with a crime, contact a skilled Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, we will work hard to keep your child in the juvenile justice system and get them the rehabilitation they need so they can live the rest of their life without a criminal record. Call us at 847-394-3200 or fill out our online for your free consultation and learn more about how we can help your family.

 

Source:

https://www.publicnewsservice.org/2019-06-05/juvenile-justice/an-international-view-of-justice-for-illinois-young-adults/a66696-1

 

The Differences Between Theft, Robbery, and Burglary in Illinois

July 24th, 2019 at 10:10 am

IL defense lawyer, Illinois criminal defense attorney, Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.

Theft

The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:

  • Unlawfully taking property that belongs to another person;
  • Taking property from another person through deception or threats; and
  • Gaining control of property you know is stolen,

Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.

When the property stolen is worth less than $300, but it was stolen directly from someone’s person, the crime is upgraded to a Class 3 felony. Theft is also charged as a Class 3 felony when the property stolen is worth between $300 and $10,000. This charge carries sentences of up to five years in state prison and a maximum fine of $25,000.

Theft of property valued between $10,000 and $100,000 is a Class 2 felony. The maximum sentence, if convicted, is a maximum of seven years in prison and a fine of $25,000. When the property stolen is worth more than $100,000, the crime is a Class 1 felony. A conviction can result in a maximum of 15 years in prison and a fine of $25,000.

Robbery

Robbery is a very similar crime to theft. It also involves taking property from a person. The difference with a robbery charge is that this crime also involves the use of force or the threat of force.

A robbery charge is upgraded to aggravated robbery when a person indicates to the victim, either verbally or non verbally, that they have a firearm. For example, if someone stole another person’s wallet while showing them a gun in their jacket, that is aggravated robbery.

Most robberies are charged as a Class 2 felony. If convicted, this charge carries a penalty of up to seven years in prison and a maximum fine of $25,000.

If the victim is older than 60 years old or has a disability, the crime is considered a Class 1 felony. Aggravated robbery is also charged as a Class 1 felony. Possible penalties include up to 15 years in prison and a maximum fine of $25,000.

Burglary

When people think of the term burglary, they typically think of a crime that involves some type of theft. That is not always necessarily the case, however.

According to 720 ILCS 5/19-1, burglary occurs when a person unlawfully enters a building with the intent to commit a felony or theft. If a person entered a building without permission with the intent to commit sexual assault, that would be considered burglary.

Burglary is always considered a felony and can be charged as a Class 3 to a Class 1 felony. If convicted, a person faces a possible five to 15 years in prison.

Call a Rolling Meadows Criminal Defense Lawyer that Can Help

Although theft, robbery, and burglary are all different crimes, they share one similarity. If convicted of any one of them, you could face serious jail time. If you have been charged with any of these crimes, call our skilled Rolling Meadows criminal defense attorneys for help. At the Law Offices of Christopher M. Cosley, we will help you understand the charges you are facing, and try to get them reduced or dropped altogether. Call us today at 847-394-3200 or contact us online for your free consultation.

 

Sources:

https://www2.illinois.gov/osad/Publications/DigestbyChapter/CH%2049%20Theft.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

 

Four Common Defenses to DUIs

July 17th, 2019 at 10:05 am

IL DUI lawyer, Illinois drunk driving attorney, If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.

Illegal Traffic Stop

In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.

Illegal Search and Seizure

Under the Fourth Amendment, the police cannot generally search your vehicle without first obtaining a search warrant. However, this works a bit differently in DUI cases. If you give consent to have your vehicle searched, the search is lawful. The search is also lawful if the police feel it is necessary for their own protection, such as if they are searching for a weapon they feel you may use against them. Lastly, if you are arrested for a DUI during a traffic stop, the police can search your car for evidence pertaining to the arrest, such as beer cans or bottles.

If none of those circumstances apply, the police cannot search your car. For example, they cannot pull you over for a suspected DUI and search your car when you have been cooperative and have not been arrested. If they do, any evidence collected can also be suppressed.

Inaccurate Field Sobriety Test

Field sobriety tests are notoriously inaccurate. They are largely subjective and can be affected by a person’s health condition, or even their mental state after being pulled over. Uneven pavement, flashing lights, and impractical footwear can all also give inaccurate results after a field sobriety test. These can be challenged in court and if successful, that evidence can be thrown out, and a judge may determine the officer did not have reasonable cause to arrest you.

Violation of Fifth Amendment Rights

Under the Fifth Amendment, anyone charged with a crime has certain rights. Law enforcement must inform individuals of these rights, and uphold them. You do not have to answer their questions and as soon as you decline, the police must stop questioning you. If they continue to press you for answers, deny you the right to an attorney, or fail to uphold any of your other rights, evidence obtained can be deemed inadmissible at trial.

Speak to a Rolling Meadows Criminal Defense Lawyer Today

If you have been charged with a DUI, a dedicated Rolling Meadows criminal defense attorney will know the defenses available, and the best one to use for your case. If you are facing charges, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A charged does not have to turn into a conviction, and we will work hard to prevent it from happening.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

 

Back to Top Back to Top Back to Top