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IL defense attorney, Illinois defense lawyerWhether you are facing DUI charges, drug possession charges, or any other criminal charge, chances are you are pretty scared. However, the case is not as hopeless as it may seem. Often, those accused are fearful because they simply do not know what is coming next. They do not know what to expect, and they fear the worst. While a Rolling Meadows criminal defense attorney can fully explain the process, below are the basic steps you will go through after being charged.

The Arrest

An arrest does not occur until an officer has detained or restrained you, and taken you to a holding facility. If this occurs, you should say as little as possible. Anything you say can be used against you later in the case. You should speak to an attorney as soon as possible, and a lawyer can speak on your behalf. You should always be advised of these rights. If you are not, the arrest is unlawful and your case could be thrown out.

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IL defense lawyer, Illinois criminal attorneyWhether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.

Resisting Arrest in Illinois

In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.

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Illinois criminal lawyerIllinois lawmakers want to change the laws on mandatory minimum sentences for some crimes. In mid-April, the Illinois House of Representatives voted on legislation that would give judge’s more discretion during sentencing. If recent House Bill 1587 becomes law, judges could consider further reducing minimum mandatory sentences for individuals convicted of drug possession, retail theft, and driving on a revoked license because of unpaid fines, child support, and other financial obligations.

The Court System and the Proposed Law

Currently, when a defendant is convicted of a crime, a judge has a range of sentences to choose from during sentencing. Each crime has a minimum mandatory sentence, as well as a maximum mandatory sentence. Judges are granted some discretion, but they cannot move outside of that range. A judge will consider a defendant’s past criminal history, and the nature surrounding the crime and determine what sentencing within that range is fair.

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IL defense lawyerBeing a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?

Illinois Statute 720 ILCS 5/21-3

The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.

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Posted on in Criminal Defense

IL defense attorneyThe university president and board of trustees to Western Illinois University are currently under investigation for violating the Open Meeting Act, which mandates that all public entities, such as government bodies and public universities, hold meetings in the open for the public’s right of access. The University Professionals of Illinois has requested that the McDonough County State Attorney’s Office pursue a criminal investigation into the president and board’s actions after an audio recording revealed their closed meeting discussion. Among the violations alleged by the University Professionals of Illinois are:

  • Planning illegal closed meetings;
  • Discussing public business in closed meetings;
  • Scripting public meetings;
  • Failure to release closed session meetings; and
  • Circumventing the law with “2 plus 2″ meetings.

Furthermore, the University Professionals of Illinois believes that there were at least 21 closed meetings within the last three years. But what exactly is the Open Meeting Act and how does it apply to those with public positions?

The Purpose of the Open Meeting Act

The Open Meeting Act under statute 5 ILCS 120 has two main objectives. The first is to keep citizens informed about the conduct of public bodies. This is made possible by enforcing open meetings. No public entity can conduct meetings behind closed doors. The second objective is to allow citizens advance notice of public meetings and the right to attend these meetings. The Act is designed to thwart corruption and other actions that would corrode society’s best interests.

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10.0Christopher M. Cosley News 10 Best Superior DUI Attorney Top 100 Award ASLA Elite Lawyer 2017 Criminal Defense DuPage County Bar Association Illinois Association Of Criminal Defense Lawyers Illinois State Bar Association BBB Illinois Trial Lawyers Association National Association Of Criminal Defense Lawyers Northwestern Suburbs Bar Association
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