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The Law Offices of Christopher M. Cosley
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Archive for September, 2013

Kristin Cavallari Ticketed For Speeding

September 30th, 2013 at 6:48 pm

LauraThe wife of Chicago Bears quarterback Jay Cutler picked up a speeding ticket on a recent trip from Evanston to Chicago. Since she was driving without an Illinois driver’s license, she was required to visit the Evanston police headquarters to post a $150 bond. Cavallari was surprised that she was required to visit the police station to post a bond, but it brings to light a common procedure for individuals with certain out of state licenses who are pulled over traffic violations.

According to the Evanston police, this is normal for individuals with certain state drivers licenses. Unfortunately, California and several other states do not participate in a cooperative agreement between states about licensing. Although many people are not aware of this, it does indeed come with a $120 fine, which can be deducted from posted bond. This amount could also be increased as a result of court costs.

Any individuals moving from another state to Illinois are required to update their driver’s license within 30 days. Failure to recognize the importance of this rule could lead to an unpleasant surprise for someone being pulled over by police.

The Illinois DMV sets the guidelines for driving with an out of state license at a maximum of 90 days after the move, but the 30-day rule relates to the date on which you establish residency in the state. Some examples of establishing residency in the state include renting a place to live, obtaining a job, initiating school in the state, or by purchasing a home with the intent to live there. If you have accidents on your record or you are over the age of 75, you will need to take the driving test in the state of Illinois. If you have been pulled over for speeding or another citation and you require legal assistance, reach out to an experienced Illinois criminal attorney today.

What can be Included in a Domestic Violence Order of Protection?

September 27th, 2013 at 12:10 pm

If you have been accused of domestic violence, you have likely already experienced several challenges in attempting to clear your name. Sometimes victims of an alleged domestic violence act will follow their legal charges with a request for a protective order. Protective orders can have serious consequences for the accused abuser, and it’s important that you hire an attorney to represent you before you lose important privileges and rights as a result of a protective order.

LauraIn Illinois, protective orders are only available to family or household members connected to an alleged abuser. There are many different ways that a protective order can be specified. Depending on what the individual requesting the order articulates, several different requirements may be put into the order, including:

  • A prohibition from any further abuse (harassment or interference with personal liberty also come under this umbrella).
  • A requirement for the alleged abuser to attend counseling courses
  • Stipulations ordering the accused to stay away from the alleged victim
  • Orders to give temporary custody to the alleged victim
  • Orders to block the alleged abuser from accessing children’s records
  • Orders to turn over any weapons in your possession to the police

As you can see, the consequences of an approved order of protection with these kinds of stipulations can have a serious- and immediate- impact on your life, particularly if you share children with the alleged victim. You might lose time spent with those children and temporary custody can even be awarded to the individual making these charges and claims.

If you have been accused of or charged with domestic violence and you believe the alleged victim will seek an order of protection against you, you need the services of a talented Illinois domestic violence criminal attorney. Do not let someone else decide your future for you; hire legal representation today.


Illinois Age of Consent and What it Means

September 23rd, 2013 at 9:09 am

When teenagers begin to date, usually they meet at school and most often, they are the same age. As teens branch out however, meeting people from other schools, hanging out with people from work and meeting new people in the community, they sometimes date older men or women.

When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated.

Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17 and someone 18 or older in Illinois willingly have sex, charges can still be filed against the older person because the partner is a minor.

Although this law typically pertains to men and women that are significantly older than their underage significant other, it also technically applies even to high school students who may only be a couple months apart in age. In those few months in which one partner has reached the age of consent while the other has not, they are committing statutory rape when participating in sexual activities.

LucyMore often now than ever, high school students are having sex. It may be from peer pressure and it may also be attributed to the fact that kids are simply growing up faster than they used to, physically and mentally. If you are a teen or if you have a teen that may be considering having sex, be sure that he or she understands the seriousness of the activity.

Not only is sex a big deal mentally and physically, but also emotionally, and it could be legally too.  Most parents will not press charges against their son’s or daughter’s boyfriend or girlfriend if they are just a year older, but older people may get into more trouble. An underage person having sex, even with a significant other, who is much older, is putting that significant other at risk of getting in trouble with the law.

If you have been charged with statutory rape or any other form of rape, or perhaps you are considering charging someone else with rape, contact a criminal attorney in Rolling Meadows, Ill. for help. Attorney Chris Cosley will help you through the court process to get the outcome that you want today.

Man Kills Woman and Hides Body in Mother’s Home

September 18th, 2013 at 9:07 am

A case of murder with a bizarre twist was reported by the Chicago Tribune. It is alleged that Benjamin Esquivel murdered 49-year-old Burnadine Kinsey and hid her body in his mother’s home.

TheresaIt is alleged that after being intimate, Esquivel and Kinsey got into an argument, which ended with him stabbing her several times in the face, head and body. He then put her body, wrapped in sheets and a blanket, into a closet in the home that he shares with his mother. It is reported that Kinsey’s home was just three blocks away from Esquivel’s. His mother returned home and saw the body. She allegedly confronted her son about it and instead of calling law enforcement, she and her sister left the apartment.

Esquivel, who is 20 years old, called his friend Juan Ramos, 37, to ask what he should do with the body. They allegedly went to a nearby Home Depot to purchase tarps, duct tape, rubber gloves, and a soda. They returned to the apartment and wrapped the body in the tarps and tape. At that time, they returned the body to the same closet.

The two discussed places where they could hide the body and whether burning the body would be an option. Esquivel’s mother and her sister returned to the home several days later to discover that the body was still there. They called law enforcement to report the murder at that time.

Esquivel is being held on $1 million bond for murder and Ramos is being held on a bond of $250,000.00 for the concealment of a homicide. The family of the victim has expressed their outrage that Esquivel’s mother was not charged as well.

If you have been charged with a violent crime, you have the right to have your Illinois criminal defense attorney there with you from the time that you are taken to the police station for questioning.

Two Juveniles Among Three Charged in Murder

September 15th, 2013 at 12:51 pm

According to a recent report by the Chicago Tribune, a man and two teenagers have been charged in the murder of an Englewood man. The man was found stuffed into a trashcan in the alley.

TheresaCook County prosecutors allege that a dispute started when 51-year-old Ernest Pritchett III walked into the front yard of 32-year-old Bryan Perkins. Perkins asked Pritchett for the money that he was owed. When he stated that he did not have the money, it is alleged that Perkins grabbed a piece of a fence and started hitting the older man in the head with it. At that time, two teens joined in the beating. The 16 and 17 year old began kicking and stomping Pritchett. Perkins then picked up a large rock and hit the man with it.

Perkins retrieved a rolling trash can from the alley and with the assistance of the teens; he put Pritchett’s body inside of it. He then proceeded to roll the trash can several blocks down the street, where he abandoned it.

Upon return to his residence, Perkins attacked a witness in his home, stating that he was a coward for not helping when he saw what was going on. Then he ordered another witness to dispose of the clothing that he and his accomplices were wearing at the time of the murder. The names of the teen accomplices have not been released.

What is particularly disturbing about this case is that the body of the victim was found near the Safe Passage route for the children who attend the Nicholson Technical Academy. All three of the suspects have been charged with first-degree murder and the concealment of a homicide. The teens are being held on bonds of $1 million. Perkins has not had a bond hearing as of yet.

Whether the offender is an adult or juvenile, they have the right to have an Illinois criminal defense attorney to represent their interests.

Illinois Marijuana Laws

September 11th, 2013 at 12:00 pm

LucyMarijuana, Mary Jane and pot are all names for the drug that come from the plant Cannabis Sativa. It is a very common drug in high schools and colleges across the country and has even made its way into quite a few movies in recent years, like “21 Jump Street” and “Pineapple Express”.

It is a psychoactive drug that is sometimes inhaled from a rolled cigarette, or joint, but can also be consumed when mixed into recipes such as brownies, cookies, butter or candy.

According to the University of Illinois marijuana laws, the marijuana that is used today is as much as ten times stronger than it was in the early 1970s.

Effects of marijuana include an increased heart rate, dry mouth and throat, bloodshot eyes, sleepiness and increased appetite.

Not only is marijuana illegal in most states, including Illinois, possession and sale of marijuana is also against the policies of many colleges and universities, including the University of Illinois. If a student has been found with marijuana, he or she may find herself in serious legal trouble, as well as suffering consequences related to school and financial aid.

In 1988, the Federal Anti-Drug Abuse Act allowed the denial of Federal benefits to anyone who is in possession or involved with the trafficking of marijuana, whether it was students with financial aid or other citizens with federal assistance.

If a student is convicted with a first offense of possession of marijuana, he or she could lose financial aid for up to an entire year. This includes grants, loans, or professional licensing provided by the government.

Along with loss of financial aid, students at the University of Illinois may be put on probation or dismissed from the University. Although every college has its own rules, many school penalties are similar to these.

If you are a student who has been caught with illegal drugs and you are afraid of losing your financial aid or worse, contact a criminal attorney for help. Criminal attorney Chris Cosley is located in Rolling Meadows, Ill. and can help to keep you in school today.



Suspended Illinois Licenses

September 8th, 2013 at 10:59 am

Usually, if someone has a relatively clean driving record and they get a ticket, they have the opportunity to have the points removed from their license. When those points cannot be removed, however, they can add up quickly because they are on your record for at least two years. Once you get too many points, you may lose your license for an extended period.

Lucy If you are unsure whether your license has been suspended, it is important to find out; driving with a suspended license can have stiff penalties. To view your driving record, which will inform you of the state of your license, you can contact your Secretary of State’s office.

The Secretary of State can give you a copy of your driving record online, in person or by mail. If you request one in person or by mail, you must provide your full name, driver’s license number, your date of birth and a $12 processing fee.

A question that many people have when their license is suspended is whether or not it is suspended in all states. The National Driver Register keeps records of suspended and revoked drivers’ licenses so that those drivers cannot get licenses in another state. The Driver’s License Compact also keeps tabs on drivers nationally. The Driver License Compact keeps track of all driving penalties while drivers are in states other than their home state.

Of course, the best way to avoid all of this is to keep your driving record clean whether you are in your home state or somewhere else, even if you have never had any infractions on your record thus far.

If you are ticketed or pulled over for something more than a traffic violation, like drinking and driving, contact a criminal attorney to help you out of those very dangerous points. Attorney Chris Cosley in Rolling Meadows, Ill. can help you keep your driving record clean today.

The Steps of A DUI Arrest

September 4th, 2013 at 9:49 am

Knowing what to expect in a DUI arrest can be helpful if you are involved in an incident. Knowing what’s required of the officer and what steps should be taken to protect your rights can also make a difference in the success or failure of your DUI case. If you have been charged with a DUI in Illinois, you need the help of an experienced criminal attorney.

LauraAt the outset of the arrest, the officer will stop a vehicle at a roadside safety check or for probable cause, reasonable suspicion, or unusual operation. The officer should then observe the driver and request proof of a driver’s license, insurance card, and vehicle registration information. In the event the officer does not suspect operation of the vehicle under the influence, he or she will release the driver without any further charges.

If the officer suspects that the driver is under the influence of alcohol, he or she will ask the driver to submit to field sobriety tests. If the field sobriety tests give the officer probable cause, the driver can be arrested for DUI and taken to the local police station. The driver should be asked to submit to chemical testing for the breath, blood, or urine.

Following this test, if the driver’s BAC is more than .05 but less than .08 and no drugs are found in the driver’s system, statutory summary suspensions will not apply, but the DUI charge can stay intact until other action is taken in court. If a driver refuses to submit to the testing, the statutory summary suspension can apply. Refusing to take the test can cause problems for your case down the road.

Fighting a DUI charge can be difficult, on your own, but an experienced DUI defense lawyer will fight on your behalf. For more information about your Illinois DUI arrest, contact a qualified criminal law attorney today.


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