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Archive for the ‘Rolling Meadows criminal defense attorney’ Category

Understanding the Consequences of Prescription Forgery in Illinois

September 25th, 2018 at 1:21 pm

Cook County drug charges defense lawyerPrescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake—prescription forgery is a serious crime in Illinois.

What Illinois Law States About Prescription Forgery

According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:

  • Changing the dose amount on a prescription written by a doctor.
    Stealing a prescription pad off a doctor’s desk.
    Writing a prescription for yourself.
    Using a computer to create a fraudulent prescription form.

The Consequences of Prescription Forgery

Shockingly, even a first time prescription forgery offender can be fined up to $100,000, and they may be sentenced to between one and three years in prison. If a person is charged with their second prescription forgery offense, they may be fined up to $200,000 and sentenced to between two and five years in prison.

It is common for a person who is charged with prescription forgery to be facing other drug charges at the same time, such as burglary, possession of an illegal drug, or an intent to traffic drugs. All of these offenses can add up to considerable time behind bars and fines that would be impossible to pay back in a lifetime of full-time work—something that would become extremely difficult to accomplish with a felony record.

Defending Medical Professionals

Medical professionals are not immune to prescription forgery charges. Doctors have been known to use their license as an opportunity to write friends or family members a prescription without reason, or to prescribe opioids to addicted patients who pay them cash under the table. If you are a physician or pharmacist, you will lose your professional license in a heartbeat if you are found guilty of prescription forgery.

A Cook County Drug Crimes Defense Attorney Can Help

More than 115 Americans die every day from overdosing on opioids, according to the National Institute on Drug Abuse. Instead of taking steps to combat addiction and help self-medicated individuals overcome or manage their mental or physical ailments, our criminal justice system sends its best prosecutors to lock up victims of opioid addiction. If you have been charged with prescription forgery, you need a strong defense that will help you avoid the consequences of a conviction. Contact dedicated Rolling Meadows criminal defense lawyer Christopher M. Cosley today at 847-394-3200 to schedule a free consultation.

Sources:
https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K406.2

When Can the Police Search My Vehicle?

April 26th, 2018 at 9:53 am

Illinois traffic offenses, Illinois traffic stops, police search, Rolling Meadows criminal defense attorney, searches and seizuresThe Fourth Amendment to the United States Constitution grants us the right be free from unreasonable searches and seizures. Searches are scrutinized to make sure that an individual’s constitutional rights are not infringed upon.

There are numerous cases in which a person is pulled over for a seemingly routine traffic stop, but it results in the search of the individual’s car and a potential arrest if illegal behavior or substances are found. However, a police officer does not always have the right to search your vehicle at just any traffic spot.

Ultimately, if you have been stopped by the police and placed under arrest, it is in your best interests to contact an attorney immediately. To be sure, an experienced lawyer can examine the specifics of your case and begin mounting an aggressive defense.

Valid Police Search of Your Vehicle

There are various scenarios in which a police officer has the right to search your vehicle, as described below. This is not an exhaustive list of circumstances, but these are the most common instances that arise and result in a legal search of your vehicle.

  • Consent. If you consent to a search, the police are able to search your vehicle. After you give consent, any evidence that is found during the search will be admissible in future court proceedings.
  • Probable Cause.  In order for the police to search your vehicle during a traffic stop, the police need to have probable cause that there is some sort of criminal activity happening. For example, if the police smell marijuana, they are able to search the vehicle for the substance. Police are able to bring drug sniffing dogs to smell the area around your vehicle; however, they must not excessively prolong the traffic stop.
  • Incident to an Arrest. If you are arrested, the police generally have the right to search your vehicle. Indeed, you are already being arrested for a potentially valid reason, and the police may need to conduct further investigation. The police can search for weapons and any evidence that is incident to the arrest.
  • With a Search Warrant. Since traffic stops are spur-of-the-moment events, police likely will not have a warrant to search your vehicle. However, if you are under suspicion for a crime and a judge grants a search warrant for your vehicle, a police officer will be able to search your vehicle.

If there is not a legitimate reason to pull a vehicle over, then the results of that traffic stop are not valid.  Any evidence seized or found during an illegal search is inadmissible in court.

Let Us Help You Today

If you have been charged with any criminal offense, contact The Law Offices of Christopher M. Cosley today. An experienced Rolling Meadows criminal defense attorney at our office is equipped and ready to tackle your case and make sure you receive the justice you deserve.

Source:

http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

What Happens When a Foreigner is Convicted of a Criminal Offense in the U.S.?

December 26th, 2017 at 3:46 pm

aggravated felony, crimes of moral turpitude, criminal offense, deportation, Rolling Meadows criminal defense lawyerWhen a foreign national is convicted of a criminal offense in the United States, he or she runs the risk of being deported, regardless of whether or not the individual was legally present in the U.S. when the crime was committed. In other words, if you are not an American citizen and you have been accused of committing a crime in the United States, be aware that if you are ultimately convicted you may be deported. However, not all criminal convictions can render a foreign national eligible for deportation.

Crimes for Which Non-U.S. Citizens May be Deported

The U.S. Citizenship and Immigration Services’ website notes that aliens who are convicted of one of the following criminal offenses in the United States are eligible for deportation:

  • Crimes of Moral Turpitude: Any foreign national who is convicted of a crime involving “moral turpitude” (i.e. most crimes involving dishonesty or theft), for which a sentence of at least one year may be imposed, within five years of being admitted into the United States (or within 10 years in some cases) is deportable.
  • Multiple Criminal Convictions: Any foreign national who is convicted of two or more crimes (arising out of separate schemes) that involve moral turpitude after being admitted into the United States is deportable.  
  • Aggravated Felony: Any foreign national who is convicted of an aggravated felony after being admitted into the United States is deportable.
  • High Speed Flight: Any foreign national who is convicted of engaging in high speed flight from an immigration checkpoint is deportable.
  • Failure to Register as a Sex Offender: Any foreign national who is required by law to register as a sex offender and fails to do so is deportable.
  • Controlled Substances: Any foreign national who, after having been admitted into the United States, is convicted of committing or attempting to commit a controlled substance crime (other than a single offense involving possession of 30 grams or less of marijuana) is deportable.
  • Certain Firearm Offenses: Any foreign national convicted of certain firearm offenses after being admitted into the United States is deportable.
  • Crimes of Domestic Violence: Any foreign national who is convicted of domestic violence, child abuse, or stalking after being admitted into the United States is deportable.
  • Trafficking: Any foreign national who commits (or conspires to commit) human trafficking, or benefits from human trafficking, after being admitted into the United States is deportable.

*** Please note that the list of crimes outlined above is NOT exhaustive and that there are additional crimes for which a foreign national can be deported. ***

Consult With a Local Criminal Defense Attorney Today!

If you are a foreign national who has been accused of committing a crime in the United States, it is critical that you consult with a dedicated Rolling Meadows criminal defense lawyer straight away. Be sure to immediately tell the attorney of your immigration status so that he or she can properly advise you about your legal options and suggest an appropriate course of action. If the crime that you are accused of committing allegedly took place in Illinois, feel free to contact the Law Offices of Christopher M. Cosley for help.

Source:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

Juveniles Caught With Fake IDs in Illinois: The Consequences

November 17th, 2017 at 4:10 pm

criminal defense cases, fake ID laws, juvenile crime, Rolling Meadows juvenile charges defense lawyers, unlawful possessionAs the legal drinking age in Illinois is 21, it is not all that uncommon for underage juveniles to be caught with fake IDs. While such an offense may not seem like more than a youthful indiscretion, it is important to note that unlawful possession of fictitious identification in Illinois can be charged as a felony offense under some circumstances.

Unlawful Possession of Fictitious Identification

Under code section 15 ILCS 335/14A, it is a felony offense for any person in Illinois to:

  • Knowingly possess or display a fake or illegally altered ID card;
  • Knowingly possess or display a fake or illegally altered ID card in order to obtain a bank account, credit, a debit card, or a credit card;
  • Knowingly possess a fake or illegally altered ID card in order to commit credit card fraud, theft, or any other illegal action;
  • Knowingly possess a fake or illegally altered ID card in order to commit a violation which can be punished by imprisonment for one year or more;
  • Knowingly possess a fake or illegally altered ID card while also in unauthorized possession of a document or device that is capable of defrauding another; 
  • Knowingly possess a fake or illegally altered ID card while intending to use said card in order to acquire another source of identification;
  • Knowingly issue (or assist another in issuing) a fake ID card;
  • Knowingly change, or attempt to change, an ID card;
  • Knowingly possess, manufacture, provide, or transfer an identification document (either real or fake) in order to obtain a fake ID card;
  • Apply for a fake ID card for another person; or
  • Retain someone to apply for a fake ID card.

Offenders convicted of unlawfully possessing fictitious identification in Illinois can be found guilty of a:

  • Class 4 felony – If the offender knowingly possessed or displayed a fake or illegally altered ID card, applied for a fake ID card for another, or had someone apply for a fake ID card for him or her. However, if the offender is convicted of a second or subsequent violation then he or she is guilty of a Class 3 felony.
  • Class 4 felony – If the offender had two or more fake or illegally altered ID cards in his or her possession at the time he or she was arrested.

Additional Potential Consequences

In addition to the consequences outlined above, individuals who violate our state’s fake ID laws can find themselves in a heap of trouble. For example, the State of Illinois has the power to revoke or suspend an individual’s driving privileges if he or she is caught violating our state’s fake ID laws even if the individual is never convicted. Furthermore, anyone caught engaging in one or more of the following acts can be convicted of a Class A misdemeanor (punishable by a fine or up to $2,500 and up to a year in jail):

  • Knowingly allowing someone else to use his or her ID,
  • Using someone else’s ID, or
  • Altering a state ID or driver’s license.

Let Us Help You Today

If you or your child has been charged with unlawful possession of fictitious identification or a related offense in Illinois, contact the experienced Rolling Meadows juvenile charges defense lawyers of The Law Offices of Christopher M. Cosley without delay. Our firm handles a wide array of criminal defense cases throughout Illinois and has stellar references. Do not hesitate to contact us today for help.

Source:

https://www.illinois.gov/ilcc/All%20documents%20site%20wide/Education/Under%2021/Materials/MinorFakeIdEnglish.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=001503350K14A

Can Acts of Disorderly Conduct be Committed Online?

November 13th, 2017 at 9:59 am

disorderly conduct, Internet crime, juvenile crime, online disorderly conduct, Rolling Meadows disorderly conduct defense attorneysU.S. News recently reported that a Chicago middle schooler was charged with disorderly conduct and a hate crime after posting a video on social media. Allegedly, the video in question was threatening in nature and was removed from the Internet after a parent reported it to the Marlowe Middle School and the police got involved.

When we think of acts of disorderly conduct we often think of someone inciting a riot, peeping through a window, or fighting in public. Rarely do we think of disorderly conduct as a crime that can be committed online. Nevertheless, some states, including Illinois, recognize disorderly conduct as a crime that can be committed either in person or remotely.

Illinois’ Disorderly Conduct Statute

Under code section 720 ILCS 5/26-1, an individual can commit the crime of disorderly conduct in a number of different ways including, including the following:

  • Acting in an unreasonable manner that incites a breach of the peace,
  • Making a false report to the fire department,
  • Entering the property of another and peeping through a window or other opening for a lewd or unlawful purpose,
  • Falsely reporting that an explosive or dangerous device is concealed somewhere that threatens human life, or
  • Falsely reporting that a crime is being committed.

Disorderly Conduct Committed Online

Now that social medical has become so pervasive in today’s society, the law has been forced to recognize that acts of disorderly conduct are no longer solely committed in person. For example, years ago when an individual wanted to incite a riot they did so by standing on a soap box in a public square. Now, it is often much more efficient to rile up the masses by posting online.

In an effort to keep up with changing times, lawmakers in Illinois have even made attempts to amend our state’s disorderly conduct statute so that the act of uploading certain videos onto the Internet explicitly constitutes disorderly conduct. For instance, House Bill 4419 attempted to expand Illinois’ definition of disorderly conduct to include the act of uploading videos depicting a crime being committed, batteries, gang-related fights, or other acts of violence with the intent to condone or promote such violence.

Contact a Local Disorderly Conduct Defense Attorney

If you or your child has been charged with disorderly conduct in Illinois, be aware that such an offense is serious and can be charged as either a misdemeanor or a felony and that, if convicted, you may face time in jail. Therefore, if you have been accused of engaging in disorderly conduct in Illinois, whether online or in person, be sure to contact The Law Offices of Christopher M. Cosley today. One of our experienced Rolling Meadows disorderly conduct defense attorneys would be happy to review your case during a free confidential consultation at our office.

Source:

https://www.usnews.com/news/best-states/illinois/articles/2017-10-30/student-charged-with-hate-crime-after-social-media-post

Understanding State and Federal Racketeering Laws

October 27th, 2017 at 1:29 pm

criminal charges, federal racketeering laws, racketeering, Rolling Meadows criminal law attorney, RICO offenseIf you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney. Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.

If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will be ordered to provide financial restitution to any victims.

Overview of Racketeering

Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.

Examples include:

  • Producing counterfeit consumer goods;
  • Bank fraud;
  • Laundering money;
  • Bribing an athlete or other individual participating in a sporting event; and
  • Tampering with a witness in a criminal case.

In Illinois, if convicted of a crime where the RICO Act was implicated, you could face between one and 20 years in prison, along with being ordered to pay up to $250,000 in fines. The extent of the penalties is typically influenced by your previous convictions, if any, the scope of the racket and amount of money stolen or laundered, the amount of attention the case received from the press, and any other circumstances that may have a bearing on the case.

Defenses That Can Be Used to Combat a Racketeering Charge

If you are charged with a RICO offense, do not assume that the government will obtain a conviction. The standard the prosecution must meet in order to convict you is “beyond a reasonable doubt.” Basically, beyond a reasonable means that the prosecutor must present such compelling evidence that there is no other reasonable explanation that can be derived from the specific facts of your case other than you are guilty of the crime. The threshold is this high because there is a presumption of innocence when someone is charged with a crime.

Your Rolling Meadows racketeering defense attorney needs to work diligently to build your case and raise some, or call, of the following defenses:

  • Having evidence excluded if it was illegally obtained by police (also known as fruit of the poisonous tree doctrine);
  • Introducing evidence that you had no knowledge of the illegal racket
  • Raising reasonable doubt of your guilt

Speak to a Rolling Meadows Racketeering Defense Lawyer Today

As you can see, racketeering charges are quite serious and necessitate having top-notch legal representation. That is why you need to contact a passionate Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley. Let us help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+33G&ActID=1876&ChapterID=53&SeqStart=90000000&SeqEnd=91000000

Revoked vs. Suspended Driver’s License: The Difference in Illinois

July 5th, 2017 at 9:09 am

driver’s license reinstatement, driving privileges, suspended driver's license, suspended or revoked license, revoked driver’s licenseSection 6-303 of the Illinois Code makes it illegal to drive a motor vehicle if your driver’s license is revoked or suspended. But what is the difference between a revoked license and a suspended license?

An article from The Balance summarizes the key difference well by noting that “a suspended license is bad and a revoked license is very bad—a suspended license is a temporary hardship, but a revoked license is permanent.” Consider the following additional differences that differentiate a revoked driver’s license from a suspended driver’s license in Illinois.

Key Differences

The main difference between a revoked driver’s license and a suspended license is that suspensions have an end date while revocations mean an indefinite loss of your driving privileges. This is because a suspended driver’s license can be reinstated after you have attended a reinstatement hearing with a Secretary of State hearing officer and have complied with all post-hearing requirements.

A revoked driver’s license, on the other hand, can never be reinstated. However, this does not mean necessarily mean that you will never be allowed to drive again. If your Illinois driver’s license has been revoked, then you are allowed to apply for a new driver’s license after the specified period of revocation has passed (unless a lifetime revocation has been placed on your driving privileges).

Other important differences between a revoked and a suspended driver’s license include:

  • Why the DMV Limited Your Driving Privileges: The Illinois Department of Motor Vehicles (DMV) suspends driver’s licenses for a wide variety of reasons (for example, traffic violations, failure to appear in court, parking violations, driving under the influence (DUI), failure to pay child support, etc.). However, the DMV only revokes a driver’s license for serious violations (for example, committing a criminal DUI, stealing a vehicle, leaving the scene of an accident, being convicted of drag racing, etc.).
  • Applicable Fees: The fee charged to reinstate a suspended Illinois driver’s license is usually substantially lower than the fee charged in connection with revoked licenses. How much the reinstatement fee for a suspended license is varies depending on the reason for the suspension but is often $70 (although it can be as much as $500), while the fee for a revoked license is usually $500.

Unsure if Your Driver’s License is Revoked or Suspended?

If you are unsure if your Illinois driver’s license is revoked or suspended, feel free to check the status of your license by visiting the DMV’s website. Even if your driver’s license is valid it is a good idea to periodically check your driving record just to make sure that everything is in order.

Reach Out to Us Today for Help

Losing your driving privileges can greatly impact your life. Day-to-day tasks like getting to work, picking your kids up from school, and even going to the grocery store are suddenly much more challenging. However, do not lose hope. There may be a way to get you back on the road sooner than expected. For example, you may be able to obtain a restricted driving permit if you agree to use a breath-alcohol ignition interlock device.

At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows driver’s license reinstatement lawyers have a high success rate when fighting to obtain restricted driving permits and full reinstatement of driver’s licenses on behalf of our clients. Let us fight for you.

Sources:

http://www.ilgagov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.thebalance.com/suspended-vs-revoked-license-527274

Getting a DUI Can Lead to Mandatory Drug or Alcohol Treatment Program

March 29th, 2017 at 8:00 am

alcohol treatment program, Rolling Meadows DUI lawyerEveryone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, people  are often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

The program must be completed with a licensed treatment center and the cost of the program must be borne by the criminal defendant. There are several qualifying treatment centers from which to choose. Therefore, if you would be more comfortable attending a treatment program that is, for example, strictly for women, works exclusively with adolescents, or that has a religious affiliation, then this may be possible.

In less serious DUI cases, the court may require only that the convicted criminal defendant participate in a drug and alcohol remedial education program, instead of a treatment program. The purpose of these programs is to educate and help those individuals who have committed criminal acts, such as driving under the influence, as a result of their drug or alcohol use.

Fight the DUI Charges

Fighting your DUI charges is your best shot at avoiding a conviction for driving under the influence. If your DUI charges are dismissed, then you will not have to face jail time, fines, or be required to participate in a drug and alcohol education or rehabilitation program. For many people, a DUI is often the result of exercising temporary poor judgement. Someone who does not have a substance or alcohol abuse may not need a drug and alcohol educational program or rehabilitation program.

Contact Us for Help Today

There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI lawyer for assistance with your case.

Source:

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

Changes to Illinois Traffic Laws For 2017

February 22nd, 2017 at 7:00 am

Illinois traffic laws, Rolling Meadows Criminal Defense Attorney,Every so often traffic laws are changed, and new laws are enacted by the state legislature to better address problems that are being experienced on the roads across Illinois. The year, 2017, is no exception.

A handful of traffic laws have been changed and Illinois drivers need to be aware of these alterations. A violation of these new laws can lead to a traffic citation, even if you did not know that you were breaking the law. Ignorance of the law is no excuse or defense to making a violation of the law. The laws have been changed to help improve driver safety in Illinois.

Scott’s Law Has Been Expanded

Illinois retains a law known as Scott’s law, which requires drivers to move over to the opposite side of the road when they are passing emergency vehicles and law enforcement vehicles that are on the side of the road. The purpose of law is to give law enforcement and emergency personnel the space that they need to safely render aid or do their job while on the side of the road.

In 2017, Scott’s law has been expanded. Now, in addition to moving over for emergency vehicles and law enforcement on the side of the road, Illinois drivers are also required to slow down and move over to the opposite side of the road when there is a vehicle parked on the side of the road with its hazard lights flashing.

Have You Been Caught a Second Time Driving Without Insurance? Now Your Car Will Be Towed

Driving without valid and up-to-date automobile insurance is a problem in Illinois. Another change to Illinois traffic laws in 2017 authorizes law enforcement to tow the vehicle of anyone who is stopped on the side of the road and is found to be driving without automobile insurance after already having a conviction on the books for driving without insurance. This new law only applies to drivers who are caught driving without insurance for the second time in a 12-month period after their earlier conviction.

While 2017 is not a significant year for changes in traffic law, the few changes that have been made will be strictly enforced by the police in Illinois. Therefore, it is important for drivers to be aware of these new changes. If you are issued a traffic citation for a violation of these laws or any other traffic law violation, you need to get in touch with an experienced traffic citation lawyer as soon as possible. Traffic citations need to be dealt with, and you can fight the charges that are being pressed against you by challenging them in traffic court.

Let Us Help You Today

When it comes to handling your traffic violation, you need a strong defense and a tenacious lawyer to fight the charges against you. Please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney for help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

Types of Criminal Trespass and Attempted Criminal Trespass in Illinois

January 16th, 2017 at 7:00 am

criminal trespass, Rolling Meadows Criminal Defense AttorneyTrespassing is a serious offense, and many people in Illinois are charged with criminal trespass every year. If you are facing criminal trespassing charges, you should not delay in speaking with an experienced criminal defense attorney. A skilled lawyer can help you assess your legal options and can assist you with building a defense strategy.

Criminal trespassing under Illinois law occurs when a person unlawfully and without authority knowingly enters the property of another or remains on the property of another without permission. Criminal trespass exists in several forms including:

  • Criminal trespass to a residence. Under 720 ILCS 5/19-4, the crime occurs whenever you knowingly and without permission enter the residence of another. Alternatively, it can be criminal trespass to a residence if you enter someone’s residence with permission, but then stay longer than you were authorized to stay. Criminal trespass to a residence might occur if you may have been invited to someone’s home for a party, but then you did not leave when you were asked to leave and you stayed in the home after your permission to be there had expired or been revoked.
  • Criminal trespass to a vehicle. Under 720 ILCS 5/21-2, the crime of criminal trespass to a vehicle occurs when you access a vehicle belonging to someone else. The vehicle could be an automobile, a snowmobile, or a watercraft. It is also criminal trespass to a vehicle to operate someone else’s vehicle without permission. Carjacking or car theft is sometimes reduced to criminal trespass to a vehicle.
  • Criminal trespass to real property. Under 720 ILCS 5/21-3, the crime of criminal trespass to real property happens when you enter property belonging to someone else without permission. It is also criminal trespass to property if you were permitted to be on the property, but are then asked to leave but you do not. This offense is common in situations where bar or restaurant patrons are asked to leave a bar or restaurant for being disruptive or fighting, but they do not leave the premises. It is also common for people to be charged with criminal trespass to real property when there are posted signs prohibiting entry onto someone’s property but the signs are ignored.

When the prosecution is unable to establish every element required to convict you of criminal trespass, of either a residence, vehicle, or real property, it might be possible to reduce the charges against you to attempted criminal trespass. This means that there was evidence to suggest you were trying to commit a criminal trespass but did not successfully complete the trespass.

Criminal Trespassing Charges Need A Defense Lawyer

Criminal trespassing charges can truly affect your future in a negative manner. You need the help of an experienced professional who will be able to help you through the legal system. Do not hesitate and reach out to an experienced Rolling Meadows criminal defense attorney as soon as possible.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-4

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