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Archive for the ‘criminal defense case’ tag

Who is Eligible to Have Their Name Removed From the IL Sex Offender Registry?

January 24th, 2018 at 8:34 am

registered sex offender, Rolling Meadows criminal defense attorney, sex crimes, sex offender registry, criminal defense caseWhen an individual is convicted of committing a sex crime in the United States,  he or she may be required to register as a sex offender. Each state (and the District of Columbia) maintains its own sex offender registry and has its own set of laws that specify who is required to register as a sex offender within the state. For example, the statute that specifies who is required to register as a sex offender in Illinois is spelled out in code section 730 ILCS 152/115. Furthermore, each state also separately specifies the circumstances under which a registered sex offender within the state can petition to have his or her name removed from the registry.

Consider the following information regarding the limited circumstances under which an individual can petition to have his or her name removed from Illinois’ sex offender registry. Additionally, it is important to note that each situation is unique and that anyone who is interested in filing such a petition should consult with a local Illinois criminal defense lawyer about the specifics of his or her individual case.

Who is Eligible to File a Petition?

Under current Illinois law, any registered sex offender who was convicted as an adult in Illinois is generally ineligible to petition the court asking to have his or her name removed from our state’s sex offender registry. However, a registered sex offender who was tried (i.e. adjudicated) and convicted (i.e. found to be delinquent) as a minor in juvenile court can petition to have his or her name removed if he or she is able to demonstrate that he or she no longer poses a risk to the community.

In order to determine whether or not a petitioning offender poses a risk to the community the court considers a variety of factors including:

  • The offender’s history of committing sexual crimes,
  • The steps that have been taken to rehabilitate the offender,
  • The offender’s mental competence,
  • The results of the offender’s risk assessment,
  • How old the offender was when they committed the sex crime at hand, and
  • Additional factors that the court considers to be relevant.

Pardons and Wrongful Convictions

It should also be noted that an adult who was previously ordered to register as a sex offender in Illinois and who has since been pardoned for the underlying crime at issue can also petition the court to have his or her name removed from Illinois’ sex offender registry in some cases. Additionally, an individual who is found to have been wrongfully convicted of the underlying sex crime can also petition the court to remove his or her name from the registry.

Need Legal Advice? Contact a Local Criminal Defense Lawyer

If you or your minor child is interested in petitioning the court to have his or her name removed from Illinois’ sex offender registry, contact The Law Offices of Christopher M. Cosley at your earliest convenience. Dedicated Rolling Meadows criminal defense attorney Christopher Cosley, the sole attorney at The Law Offices of Christopher M. Cosley, has extensive experience defending clients in criminal cases throughout the greater Chicago area and would be happy to put his skill to work for you.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073001520K115

What Should You Do if You Are Charged with Burglary in Rolling Meadows?

April 3rd, 2017 at 8:14 am

burglary, Rolling Meadows Criminal Defense AttorneyIf you have been arrested and charged with burglary, you are most likely feeling scared and unsure about what you should do next. A few questions might run through your head, including:

  • What is going to happen to you?
  • Are you going to go to jail?
  • What will court be like?
  • Is there anything that you can do to fight your charges?

Being charged with a crime is overwhelming, and you likely do not have a background in criminal law. That is why you need an experienced burglary criminal defense lawyer to help you fight your charges. Your lawyer understands the criminal justice system and is familiar with what happens in criminal court. You need guidance and advice as you deal with your criminal charges, and a seasoned lawyer can help you.

What Constitutes Burglary and Residential Burglary in Illinois?

Under 720 ILCS 5/19-1, burglary is defined as when a criminal defendant enters property owned by someone else knowingly and without permission, and with the intent to commit a theft or a felony once inside the property. The property can include homes, garages, guest houses, apartments, sheds, and house trailers. However, it can also include vehicles like cars, boats, airplanes, and even railroad cars.

Breaking into someone else’s property to steal something or to commit a felony crime, like a sexual assault, aggravated sexual assault, aggravated battery, aggravated assault, second domestic battery offense, or stalking, most likely constitutes burglary.

Burglary in and of itself is a Class 2 felony, which means that you will face felony level punishment for your felony level offense if you are convicted. But it is important to note that there is a distinction between burglary and residential burglary. Residential burglary involves the same elements as burglary except the property that is burglarized must be a home or dwelling and is codified under 720 ILCS 5/19-3. Residential burglary is a Class 1 felony.

Since burglary and residential burglary are felony offenses, it is critical that you have an experienced criminal defense lawyer to help you fight your charges. A conviction for burglary most likely means significant jail time and a hefty fine, and you will undoubtedly be burdened with a criminal record that can haunt you for years to come. That is why it is so important that you work with a criminal defense lawyer to fight your burglary charges.

What Can Happen if You Are Convicted?

If you are convicted for burglary, you will more than likely face jail time, although it could be possible to be placed under court supervision, which means you will not go to jail. It is critical to work with a criminal defense lawyer to present your strongest possible defense and mitigating circumstances to the court. While the goal is to get the charges dismissed, getting reduced charges or a reduced sentence could also be a good strategy for your criminal defense case.

Reach Out to Us Today for Help

A burglary charge in Illinois is a serious matter. Do not go up against your charges without the help of a lawyer. Please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney immediately for help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

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