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Archive for the ‘arrest’ tag

Facing Criminal Charges? Here Is What to Expect

July 10th, 2019 at 9:59 am

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.

Bond or Release

Sometimes after an arrest, law enforcement will interview the detainee and any witnesses to piece together what happened. If they do not think you committed the crime after this, they may simply release you. If they do think you are guilty, they will set a bond amount. If this amount is paid, you are released with the expectation to appear in court. You will be assigned a court date within 60 days of your arrest. If bond is not posted, you can be held up to 30 days, or until you can appear in front of a judge for a preliminary hearing.

Arraignment

During the arraignment, you will have a chance to hear the charges against you. A judge will ask if you understand them. You will then enter a plea of either guilty or not guilty.

Pre-Trial or Trial

If you plead not guilty, you will then move into the pre-trial and trial phase. During pre-trial, your lawyer and the prosecutor will move into the discovery phase and submit evidence to the courts that will be used at trial. At trial, a judge or jury will listen to the arguments of your attorney and the prosecution and make a decision on your case.

If you plead guilty at the arraignment, you will move to a sentencing hearing. During this hearing the judge will determine the sentence you will face for the crime. After this point, you will also have a conviction permanently on your record.

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

If you have been charged with a crime, the Law Office of Christopher M. Cosley can help. Our skilled Rolling Meadows criminal defense attorneys will build a solid defense for you and advise on what to do during each step of the criminal justice system. We know charges do not have to turn into convictions, and we work hard to prevent that from happening. Call us today at 847-394-3200 or contact us online for a free consultation to learn how we can help with your case.

 

Source:

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

Retail Theft: The Difference Between Being Detained By Security and Arrested by Police

August 24th, 2016 at 2:56 pm

Retail Theft: The Difference Between Being Detained By Security and Arrested by PoliceIn Illinois, retail theft under 720 ILCS 16-25 is a crime that is taken seriously by businesses, law enforcement, and the courts. It is a crime that is committed so regularly that certain stores hire their own security guards to help combat and prevent retail theft from happening. You could be stopped and detained by store employees or store security if you are suspected of shoplifting. You could also be arrested by police. But what is the difference between being detained by store security and being arrested by law enforcement?

Store Security and Employees Have Limitations

While store employees and security have the legal ability to hold a shoplifting suspect, their ability to do so is limited under the law. You can be detained by a store’s security or employees on for a reasonable length of time and in a reasonable manner. Store security is not required to read you your rights, wait for a parent or guardian, or wait for a lawyer before questioning a suspected shoplifter. However, police are required to do these things when you are placed under arrest.

Detention can occur either on or off of the merchant’s premises. During the detention, security may:

  • Request you to identify yourself,
  • Verify your identity,
  • Inquire about whether you have in your possession merchandise that you have not purchased, and do not intend to pay for,
  • Report you to the authorities, and
  • Attempt to contact your parents or guardian if you are a minor.

Each of these is at the merchant’s discretion. In the case of a minor, the merchant is not required to contact his or her parents before handing the minor over to law enforcement.

Detention is not the same as being arrested – only the police are capable of arresting you. Stores sometimes choose to let a suspect go and not press charges. Many stores simply ban an individual accused of shoplifting from ever entering the store again. Other times stores decide that the police should be involved and detain the suspected shoplifter until police arrive and make an arrest.

When you are placed under arrest, law enforcement must read you your Miranda rights. These rights inform you that you are in custody of the police and that you have the right to remain silent and that you can get a lawyer. The exact format of Miranda rights vary from state to state, but generally the Miranda warning covers these basic points. You will next be taken to jail and booked.

When you are arrested for retail theft, it is absolutely critical that you only consult with a lawyer before telling police anything because your lawyer can advise you on how best to protect yourself, your rights, and your freedom.

Call the Law Offices of Christopher M. Cosley

There is a difference between being detained by store security and being arrested by law enforcement. If you are facing retail theft charges, you need the help of an experienced retail theft lawyer. Please contact a Rolling Meadows shoplifting attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200.

Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-26

Paul Pless’s Legal Troubles Continue

February 27th, 2014 at 12:11 pm

 prostitution, arrest, criminal law, Chicago criminal defense lawyer, criminal defense, Illinois criminal attorneyThe News-Gazette recently reported on a story involving the latest legal woes with which former University of Illinois administrator Paul Pless is dealing. Just over two years ago, investigators discovered that Pless was altering the grades and test scores of law school applicants in his then position as the assistant dean of admissions at the University of Illinois College of Law (UI). Now, he is facing criminal charges for his alleged involvement in a prostitution ring.

Criminal Charges

The article reports that the McClean County State’s Attorney’s Office charged Pless with solicitation of a sexual act, graded as a Class A misdemeanor, after he was arrested on December 30th by police. He is expected to appear before a judge on February 19th for a hearing in connection with the charge.

Mr. Pless was one of four men who were arrested the same day as the result of a prostitution sting operation that was being conducted by the Bloomington Police Department. Many details are being kept confidential by police since the case is ongoing, but the State’s Attorney did say the circumstances leading to Pless’s arrest involved a confidential source who was working with the police, posing as a prostitute.

Maximum Punishment

All of the men were transported to McLean County jail after their arrest, but they were all later released on their own recognizance. If they are convicted of the Class A misdemeanor, they can face a maximum of 364 days in jail and a fine of up to $2,500.00. The judge presiding over sentencing will have discretion to impose a lesser sentence, and may be inclined to do so, particularly if any of the defendants do not have a prior criminal record.

Pless’s Background

Pless once held a prestigious position at UI law school, well known for recruiting promising students to attend the school. He ended up resigning from his position in the fall of 2011 after it was discovered that he altered law school applicant’s credentials in order to make them appear as more attractive candidates for the school. Investigators determined that Pless engaged in improper behavior in at least six out of the ten law school classes that he was responsible in evaluating for admission.

It remains to be seen what the final result of Pless’s criminal case will be. When police work involves undercover informants, important constitutional protections apply. For example, there are strict rules regarding what information authorities need to secretly record conversations and otherwise collect information that may later be used in criminal trials.

Hiring an experienced Illinois criminal defense attorney is important in order to protect your rights and ensure that proper protocols were followed at all times. Contact us today if you or someone you know has been charged with a crime.

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.

 

Illinois Teen Accused of Terrorism Pleads Not Guilty

June 22nd, 2013 at 9:51 am

The whole country was turned upside down not too long ago when the Boston Marathon was bombed and there were many injuries and three deaths. The entire nation followed the news and awaited the results of the FBI’s search for those who caused it, then when and if the FBI could catch them and shut down any of their future plans.

LucyAlthough much of the fuss has died down following the Boston Marathon bombings, terrorism has not stopped. Recently in Illinois, a teenager was charged with and pleaded not guilty to terrorism, according to ABC World News.

The 18-year-old boy, Abdella Ahmad Tounisi, is from a Chicago suburb and has supposedly attempted “to join an al-Quaida-linked militant group fighting Bashar Assad’s regime in Syria,” reported ABC news.

The alleged terrorist stood in court recently with his attorney, who pleaded not guilty on his behalf. The criminal act that Tounisi was charged with is attempting to provide material support to a foreign terrorist group and lying about the operation when questioned by federal authorities.

He was arrested at the O’Hare International Airport when he was beginning the first leg of a trip to join Jabhat al-Nusrah.

Abdella Ahmad Tounisi faces up to 23 years in prison if he is convicted of this terrorist crime.

Often times, terrorism starts at a young age such as this in foreign terrorist groups, and Tounisi may even count himself lucky for being caught before he actually got into the life of a terrorist. American authorities do what they can to keep the streets safe from terrorists, so be careful if you get yourself mixed up in it.

If you find yourself accused of a crime such as terrorism, or perhaps some other crime, contact a criminal attorney for assistance. Attorney Chris Cosley can help you in your criminal court case in Rolling Meadows, Ill. today.

 

Reckless Driving Leads to Law Change in Illinois

October 5th, 2012 at 6:30 pm

According to the Chicago Tribune, Lukasz Marszalek, 22, was involved in a fatal crash last year that ended the life of Julie Gorczynski, 17. Marszalek was driving his car almost 80 mph in a 40-mph zone when Julie made a left turn in front of him with her Jeep. She was killed in the ensuing crash.

Marszalek was charged with aggravated speeding, which has a maximum penalty of 180 days in jail. On Tuesday, September 25, Marszalek received the maximum punishment and was sentenced to six months in jail. His original charge was aggravated reckless driving, which is a felony, but it was reduced to a misdemeanor because there was not enough evidence. Marszalek also had previous speeding violations and seven court supervisions, and soon after the crash he got a speeding ticket in Indiana.

A new legislation, called Julie’s Law, that imposes more serious penalties on excessive speeders, was signed in July. Julie Gorczynski’s parents helped in getting the legislation through the Illinois General Assembly. The law prohibits judges from giving court supervision to drivers that are caught driving over 25 mph over the limit on a non-rural road or 30 mph on a highway. Formerly supervision could be granted for drivers traveling up to 40 mph over the limit.

If Marszalek’s supervisions for traffic violations would have been convictions, he might not have had his driving privileges and, in turn, he might not have been driving when the crash took place. In the future, the penalties for traffic violations are going to be tougher. Therefore, it is important to get help from skilled lawyers who can help in these situations and know best how to protect your rights. If you have been charged with a traffic offense, you should contact a dedicated traffic violations defense lawyer in Cook County.

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