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Archive for November, 2019

How Can a Juvenile Conviction Affect College Admissions?

November 28th, 2019 at 11:02 am

Illinios juvenile defense lawyer, Illinois juvenile attorneyRegardless of how stellar a student’s high school transcript is, and no matter how well they scored on the SATs, if they have any type of juvenile conviction on their record, it will make it much more difficult for them to get into college. This is just one of the consequences of being convicted of a crime, even if that conviction came in the form of adjudication in the juvenile system.

So, if your child has been adjudicated, how will it affect their chances of getting into the school of their dreams? How can you help ensure they will not feel those consequences?

Criminal History Questions on College Applications

Approximately half of all public colleges and universities will ask about a student’s criminal history on their applications for admittance. This number increases to between 60 to 80 percent for private institutions. Approximately half of all two-year community colleges will ask students about their criminal background, while most four-year colleges will conduct a full background check.

The questions asked will typically include any offenses a student committed as a juvenile. Applicants may be asked to include information about previous arrests, if they faced charges as a result, if the charges were dropped, or if they were found guilty or innocent.

It is important students are honest when answering these questions. Schools that ask these questions will typically run a background check anyway, and any prior arrests will show up on those checks. If there are discrepancies between what a student states on their application and what shows up on a background check, it will only work against the student.

How a Criminal History Affects College Admission Decisions

Not only do college and university applications ask about a student’s criminal background, but they typically ask for more detail than even employment applications. Elite schools, particularly those that are highly competitive, will likely not accept students that have a criminal record.

Other schools may deny students with a criminal background financial aid. With most students requiring this type of help, that alone could mean they will be unable to attend school. Two types of convictions or adjudications that could really hurt a student’s chance of admission or those involving violence and sex crimes. Schools around the country are trying to severely cut down on the number of these instances happening on campus and so, these crimes will likely hamper a student’s efforts the most. However, petty crimes such as vandalism and low-level marijuana offenses will likely be overlooked.

Get the Help You Need from an Illinois Criminal Defense Attorney

Unfortunately, once a student has a conviction or adjudication on their record, it is often very difficult to get rid of it. As such, the only way to help ensure these won’t affect their college or university application is to retain the help of a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we know how to prepare defenses when minors are charged with a crime so it does not affect their chances of getting into a post-secondary school or any other part of their life. If your child has been charged with a crime, call us today at 847-394-3200 for your free consultation to learn more about how our attorney can help you and your family.

 

Source:

https://www.law.northwestern.edu/legalclinic/cfjc/documents/ParentHandbook.pdf

What Not to Do if You Are Arrested

November 21st, 2019 at 11:00 am

IL defense attorney, Illinois criminal lawyerBeing arrested is a very scary thing. Law enforcement in Rolling Meadows arrest people every day, and these individuals often do not know what to do when it happens. Just as there are certain things you should do, there are also things you should never do. Taking the wrong steps at this point could hurt your case in the future. Below are the five things you should never do if you are arrested.

Do Not Say Anything

If you are arrested, you have the right to remain silent and that is exactly what you should do. When police read you your Miranda rights, they will tell you that anything you say could be used against you, and they mean it. The chances are very good that they will take your words out of context and use it to hurt your case in court. Do not say anything to police officers except that you want to speak to an attorney.

Do Not Resist Arrest

Resisting arrest is a very dangerous thing to do in Illinois. Even trying to swat away the officer’s hands when they are trying to put handcuffs on you could result in additional charges if the officer views it as assault. Also, if law enforcement believes that you are resisting arrest, they have the right to subdue you, which can quickly become dangerous.

Do Not Run

Resisting arrest and fleeing the police are two different things. If you resist arrest, such as arguing with the officer and telling them they have the wrong person, they can subdue you but they likely will not shoot you. If you run, however, they might use weapons to prevent you from running away. Running is much more dangerous than simply resisting arrest and should never be done.

Do Not Let the Police to Search You or Your Property

There are times when the police can search you. If they arrest you, for example, they can search your person, which typically means going through your pockets. Also, if your vehicle is at the scene and police notice something that is in plain sight, such as a joint or an open container of alcohol, they can search your car as well. However, you should not let them search more than that.

Without your consent, law enforcement must obtain a warrant to search you or your property. Providing your consent can give police access to evidence that they will use against you and that will hurt your case.

Do Not Go Back Into Your House

If the police come to your home to arrest you, they may ask if you want to go back inside to say goodbye to your spouse or kids, or even to get a jacket. Do not accept this offer. If you do, the police will escort you inside and immediately start looking for evidence, even if they do not conduct a thorough search. Remember that you can call your spouse and children from the police station, and you do not need anything else that badly. Just allow the police to take you to the station and you will help protect your rights and your case.

Were You Arrested? Call an Illinois Criminal Defense Attorney

If you have been arrested, you are likely very scared and confused. However, you do not have to go through it alone. Our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley can help. Christopher Cosley knows how to ensure your rights are protected, get evidence thrown out when those rights were not upheld, and give you the best chance of success in court. If you or someone you love has been arrested, call us today at 847-394-3200 for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

Can Police Search Your Phone?

November 14th, 2019 at 10:58 am

searchImagine police pulled you over in a traffic stop. Maybe they suspect you of a DUI, or maybe they want to cite you for having a broken taillight. Whatever the reason, they approach your window and begin to question you. They may even become aggressive and demand that you hand over your phone. Perhaps they even order you to unlock it for them or provide them with your password. This is a scary situation, as everyone has personal and confidential information on their phones these days. The question is, are police allowed to search your phone?

U.S. Supreme Court Decides on Cell Phone Searches

In 2014, the U.S. Supreme Court heard the case of Riley v. California. The defendant had been stopped by police for expired registration tags on his vehicle. During the stop, the officer also learned that the defandant’s driver’s license was suspended and that he was carrying a number of firearms in his car. The officer also took his phone, which the officer claimed had further incriminating evidence on it.

The Supreme Court found in favor of the defendant and determined that police do not have the authority to search a person’s phone. The reason given for this was that modern smartphones have a wealth of information about a person. By accessing your phone, a person could determine where you live, work, what your Social Security number is, and more. The court determined this was an invasion of privacy.

However, although the Supreme Court made this ruling several years ago, there are still some instances in which police can search your phone.

When Can Police Search Your Phone?

Under the Fourth Amendment, all American citizens are protected from unlawful search and seizures. However, if law enforcement has probable cause that your phone contains evidence of a crime, they can obtain a search warrant for your phone. If a judge determines there is probable cause and issues a search warrant, you will have to relinquish your phone so law enforcement can search it.

The only time law enforcement can search your phone without a warrant is when you provide your consent. Police officers often try to get around this by demanding, instead of asking for your phone. They do so in a way that makes individuals feel as though they do not have a choice. Unfortunately, in these instances, if you give police your phone and unlock it to grant them access, even begrudgingly, you have given consent and the police can search your phone.

It is extremely important that you never give police your phone unless they have a warrant. When consent is provided, it could hurt your case if police do in fact find evidence to use against you.

Did Police Unlawfully Search Your Phone? Call Our Illinois Criminal Defense Lawyer

When police unlawfully search your phone, any evidence obtained from that search is inadmissible in court. This provides a solid defense for many offenses, including distracted driving. If you have been charged with a crime after police searched your phone, you need the help of a skilled Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, an attorney will always ensure your rights are upheld, and he will also get illegally obtained evidence thrown out of court. If you are facing charges, call us today at 847-394-3200 to schedule a free consultation.

 

Source:

https://scholar.google.ca/scholar_case?case=9647156672357738355&hl=en&as_sdt=6&as_vis=1&oi=scholarr

 

Penalties for Ecstasy Possession in Illinois

November 7th, 2019 at 10:53 am

IL drug crimes lawyer, Illinois defense attorney Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.

Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.

What Is Ecstasy?

Today MDMA, the technical name for ecstasy, is on Schedule I of the Controlled Substances Act. Drugs appearing on this schedule are thought to have a high potential for abuse and no currently accepted medical use.

However, ecstasy was not considered an illegal drug until the 1980s. Before that time, psychiatrists used the drug when treating patients, although it had not yet been tested or approved by the U.S. Food and Drug Administration. Since ecstasy has been banned throughout Illinois and the rest of the United States, it has become a very popular street drug.

Penalties for Ecstasy Possession in Illinois

Possessing any amount of ecstasy in Illinois is illegal. Like all drugs, the penalties associated with possessing the drug will depend on how much of the drug a person has in their possession.

The only ecstasy possession charge that is a Class 4 felony is possession of one to 15 tablets. The penalty for this charge for individuals convicted is one to three years in jail.

All other penalties for ecstasy possession are considered Class 1 felonies. Possessing 15 to 200 tablets carries a minimum sentence of four to 15 years in jail while possessing 200 to 600 tablets has a penalty of six to 30 years for individuals that are convicted.

Individuals found with 600 to 1,500 tablets of ecstasy face eight to 40 years in prison. Any amount of ecstasy in excess of 1,500 tables carries a minimum mandatory sentence of ten to 50 years in prison. When a person is found with more than 1,500 tablets of ecstasy in their possession, they may also face distribution charges.

These penalties will increase if the person accused has a prior conviction, or if they were found in possession of ecstasy near a school or place of worship. Individuals that are in possession of ecstasy while a crime was being committed or that had a firearm on them at the time of arrest may also face increased penalties if they are arrested.

Need Help With Your Ecstasy Charges? Call Our Illinois Criminal Defense Attorney

If you have been charged with ecstasy possession, you need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, our defense attorney knows how to defend against ecstasy possession and other drug charges to give you the best chance of holding on to your freedom. Call us today at 847-394-3200 or contact us online to schedule your free consultation so we can start preparing your defense today.

 

Source:

https://www.govinfo.gov/content/pkg/CHRG-107hhrg88329/html/CHRG-107hhrg88329.htm

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