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Archive for the ‘felony charges’ tag

What Is 410 Probation in Illinois?

January 15th, 2019 at 10:07 pm

IL defense lawyerAccording to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

  • 15 grams or more of LSD, morphine, heroin, or cocaine;
  • 30 grams of more of pentazocine, ketamine, or methaqualone; or
  • 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

410 Probation

In order to be eligible for 410 Probation, individuals must meet certain requirements. One of these is that the individual cannot have any previous drug charges, including those involving cannabis. They also could not have been placed on probation in the past.

In order to accept the probation, individuals must plead guilty to the drug charge. After the guilty plea is accepted, a judge will place the individual on probation instead of entering a judgment.

While on probation, the individual will have a number of conditions that must be met. These include:

  • No weapon possession while on probation;
  • No criminal violations;
  • Random drug testing;
  • 30 hours of community service;
  • Possible fines;
  • Possible rehabilitation; and
  • Continued court appearances throughout the probation time.

Once the probation has been completed successfully and the individual has met all the conditions, the court will then dismiss the charge.

The biggest benefit of 410 Probation is that it allows individuals to avoid prison time. Due to the charge being dismissed from their record after probation is completed, the charge will also be cleared from the individual’s public record.

If a background check is done by future employers or landlords, the record will show that the individual was charged with a felony drug charge, but that the charges were dismissed. After five years, individuals that have successfully completed 410 Probation can petition the court to have their record sealed.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

While 410 Probation has many advantages for those facing first-time felony drug charges, the program also has some drawbacks. For example, if an individual violates the conditions of their probation, they will not be able to contest the charge in court because they have already pled guilty. In addition, if the court determines the individual has a significant drug problem, they may also deny the possibility of probation.

If you have been charged with a felony drug charge, contact a skilled Rolling Meadows criminal defense lawyer that can help. We can review your case and determine whether or not 410 Probation is a possibility, and if it is in the best interest of the accused individual. Call us today at 847-394-3200 for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410

Consequences of Resisting Arrest

September 6th, 2018 at 9:10 am

felony charges, Illinois criminal charges, misdemeanor charges, resisting arrest, Rolling Meadows defense attorneyNo one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is important to not resist a police officer making an arrest. Resisting arrest in Illinois can result in additional criminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of people to whom the statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resisting an actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

  • Hitting a protected worker during the arrest;
  • Not consenting to being arrested;
  • Being hesitant to respond to the arrest or moving too slowly or reluctantly;
  • Acting in a way that results in an officer having to drag you or carry you during the arrest;
  • Running away from an officer while being arrested; and
  • Pulling away from an officer while being arrested.

The statute does not just cover situations where a person “resists” arrest in some way or another. One can also be charged if he or she obstructs the protected worker while doing his or her duties.

Examples of ways one can obstruct a protected worker who is doing his or her job include:

  • Not leaving the scene of a crime after being instructed to do so;
  • Causing an interference in a police investigation;
  • Preventing a protected worker from doing his or her job, like preventing a firefighter from being able to put out a fire;
  • Relaying false information to the police; and
  • Using fake identification when talking to the police.

The charge of resisting arrests can result in a misdemeanor charge. A conviction carries a penalty of at least spending 48 hours in jail or completing 100 hours of community service. There is also the possibility of fines. Resisting arrest can result in a felony charge if an injury is caused to the protected worker while resisting or obstructing.

Contact Us Today for Help

While resisting arrest might not seem like a big issue, it is and should be taken seriously. Criminal charges are serious and should be treated as such. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to defend you no matter how seemingly small the charge. Do not let charges accumulate on your criminal record. Contact us today to get your defense started.

Source:

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

What You Should Know About Underage Drinking in Illinois

August 17th, 2018 at 11:02 am

Rolling Meadows criminal defense attorney, underage drinking, underage drinking charges, felony charges, Class A misdemeanorIllinois is not the only state that has strict laws regarding underage drinking. In Illinois, it is illegal for a person under the age of 21 to drink or possess alcohol. Even so, there are many individuals under the age of 21 that decide to drink alcoholic beverages.

Being charged with underage drinking can be detrimental to a minor’s future. Consider the following information that you should know about underage drinking in Illinois.

An Underage Drinking Charge is Considered a Class a Misdemeanor in Illinois

For anyone under the age of 21, it is illegal to possess or consume alcohol. Being found to have any amount of alcohol in your system as a minor can result in a Class A misdemeanor charge. It is also illegal for minors to transport open alcohol containers in their vehicles. This carries the potential of up to one year in jail and a maximum fine of $2,500.

Fake IDs Can Result in a Felony Charge

Often, what goes hand in hand with underage drinking is the underage individual using fake identification that states they are 21 or older. However, using a fake ID and being caught with it can bring about a felony charge. One can be convicted of a Class 4 felony.

The penalty for a Class 4 felony can be one to three years in jail and fines up to $25,000. The felony charge applies to “fraudulent” driver’s licenses. Fraudulent means that the ID was made by someone other than the federal government. Possessing an ID that contains incorrect information can result in a misdemeanor charge.

There is Zero Tolerance for Underage Drinking and Driving

Illinois has developed a strict zero tolerance policy for individuals under the age of 21 who have consumed alcohol and drove. If an underage individual is found to have any trace of alcohol in his or her system while driving, then he or she will be charged with a DUI. Furthermore, the driver will lose his or her driving privileges. Additionally, the first offense carries a three-month suspension of his or her driving privileges.

A second conviction for an underage DUI is a one-year suspension of driving privileges. Additional charges and convictions will result in harsher penalties. A blood alcohol concentration of .08 or more can result in a DUI charge and result in stricter penalties and longer suspension of driving privileges.

Contact Us Today for Help

Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley knows that an underage drinking conviction can be devastating to a young person’s life. Do not let one charge result in a lifetime of consequences. Attorney Cosley is committed to your defense. Years of experience has resulted in an aggressive approach to defending cases. Contact us today to get your defense started.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Famous Singer Arrested for Felony Battery

July 27th, 2018 at 12:17 pm

felony battery, Rolling Meadows criminal defense attorneys, domestic violence charges, aggravated battery, felony chargesMany people know the violent history of Chris Brown. With a prior domestic violence issue already on his record, the singer Chris Brown was arrested and charged with felony battery, according to CBS News. The domestic violence incident previously mentioned resulted in a felony conviction of assault. These are not isolated incidents, however. Several other charges over the years have been brought against Brown for varying degrees of assault and battery.

Ultimately, anyone facing charges for felony battery is encouraged to learn more about this crime. In addition, representation by a skilled attorney can also ensure that their rights are protected throughout each step of the case.

Illinois Battery Law

In Illinois, a person commits a battery when he or she “knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.” Essentially, any physical touching that causes harm to another could be considered a battery.

It is important to note that a person committing battery does not necessarily have to touch the victim himself or herself; however, the presence of some type of offensive touching (caused by the defendant) could be considered battery. Dumping a bucket of water on someone, poking someone with an item, and any other “secondary” means of touching could be considered a battery.

Batteries are usually considered a Class A misdemeanor. However, an aggravated battery results in a felony charge. A battery can be elevated to an aggravated battery based on a number of factors. A battery can become an aggravated battery based on the location of the battery, the status of the victim, or even the type of battery that is occurring.

There are common indicators that there has been an aggravated battery:

  • Using a deadly weapon in the commission of a battery;
  • Intentionally causing great bodily harm or disfigurement;
  • Concealing one’s identity;
  • Strangling someone; and
  • Injuring another who one knows is disabled or under the age of 13 years old.

The above does not list all types of battery that can occur, but some of the more common types committed in Illinois.

Contact Us Today for Help

While any type of criminal charge should be taken seriously, felony charges must be handled with the utmost care. A felony charge brings the risk of a lengthier sentence, higher fines, and longer probation or parole. As such, you need an attorney who is ready to defend you with every defense possible under the circumstances. The skilled Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley is the attorney for you. Attorney Cosley combines years of experience with the passion of defending individuals accused of crimes. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=23000000&SeqStart=21100000

https://www.cbsnews.com/news/chris-brown-arrested-on-felony-battery-charge-after-florida-concert/

Stolen Retail Items During the Holidays Could Result in Felony Charges

December 7th, 2016 at 8:57 am

holiday shoplifting, Stolen Retail Items, felony charges, Rolling Meadows Criminal Defense AttorneyDuring the holiday season there is a noticeable spike in the instances of retail theft. For whatever reason, people are more likely to shoplift in November and December than at any other time of the year. A higher rate of foot traffic in stores around the holidays makes it easier to commit retail theft. Moreover, there are a lot of pressures placed on people this time of the year, which can drive them to committing an act of shoplifting.

According to MarketWatch, the most commonly stolen items around the holidays in the United States include:

  • Electronics and electronics accessories, such as  cell phone cases, headphones, etc.;
  • Winter or leather clothing;
  • Meat, seafood, alcohol and chocolates;
  • Children’s toys; and
  • Perfume or cologne.

Ultimately, many of these items, such as electronics and electronic accessories, leather clothing, and some children’s toys, can be greatly valued. It is not uncommon for electronics to cost hundreds of dollars, which might be part of the reason why someone would steal these items from a store in the first place.

What is Felony Retail Theft in Illinois?

In regards to retail theft in Illinois, the severity of the crime depends on the value of the item, or collection of items, that is stolen. According to 720 ILCS 5/16-25, stealing an item from a store that is valued at more than $300 puts you at risk of being charged and convicted of felony retail theft. Simply stealing a cell phone, a handheld video gaming device, or an Apple product, would be valued high enough to charge you with a felony level offense.

The Consequences

Shoplifting can result in serious consequences. You will face jail time, be charged with a fine, and will have a criminal record that will follow you around for many years—a record in which future employers and landlords will likely find in a background check. Moreover, the consequences of getting caught shoplifting will also affect your family and loved ones, since they will need to help you through your arrest, trial, and possibly your jail sentence. The consequences extend even further than that as well. In order to make up for losses resulting from retail theft, retailers often markup the cost of items that they sell, which means that all customers have to pay higher prices.

Contact Us for Help with Your Case

Getting caught shoplifting can ruin your holidays. Not only will you be arrested and charged with a crime, but your family will also have to deal with the consequences of your actions, which can really dampen the holiday spirit. If you are facing shoplifting charges this holiday season, then you need to get in touch with an experienced Rolling Meadows criminal defense attorney as soon as possible.

Source:

http://www.marketwatch.com/story/10-bizarre-things-americans-steal-during-the-holidays-2016-10-31

Interference with a Penal Institution

August 12th, 2015 at 8:32 am

Illinois defense lawyer, Illinois criminal attorney, prison crimes, When a person is convicted of a crime it can be hard for his or her entire family. While one family member is in jail or prison, the other members of the family have to make their way over many hurdles to spend time with the incarcerated person. Sometimes the incarcerated person may put pressure on his or her family members to break some of the rules, and even sneak in some forbidden items. Doing this and getting caught can result in severe consequences for everyone involved.

Bringing Contraband into a Penal Institution

It is a crime to bring contraband into a penal institution. What constitutes contraband? Contraband includes items such as alcohol, drugs, syringes or needles, weapons, firearms, ammunition, explosives, tools to defeat security mechanisms, cutting tools, and electronic contraband like cell phones and recording devices. Penal institutions include prisons, jails, halfway houses, and other similar institutions. A person can be found guilty of bringing contraband into a penal institution if the prosecutor can prove that a person:

  • Brings contraband into a penal institution;
  • Causes another to bring contraband into a penal institution; or
  • Puts contraband close enough to a prison or jail so that an inmate can gain access.

Possessing Contraband in a Penal Institution

A person can be found guilty of the possession of such items in a penal institution if he or she knowingly has possession of contraband, regardless of his or her intent.

Sentences for Contraband Offenses

The sentences for contraband offenses vary depending on the nature of the contraband. If the contraband is alcohol, the offense is a class 4 felony. If the contraband is cannabis the offense is a class 3 felony. If the substance is some other controlled substance the offense will be a class 1 or class 2 felony, depending on what the substance is. If the contraband is a syringe, weapon, tool, or electronic contraband then the offense will be a class 1 felony. If the contraband is a firearm, ammunition, or explosives, then the offense will be a class X felony.

It is important to note that there are some affirmative defenses to these charges. One of the most important ones involves cases where the person who brings the contraband into the facility does so because he or she was just arrested, he or she possessed the contraband when he or she was arrested, and he or she brought the contraband into the facility as a direct result of the arrest.

Call Christopher M. Cosley

If you or someone you love has been charged with a crime in Rolling Meadows, you will need the help of an experienced Rolling Meadows criminal defense attorney. You should call the Law Offices of Christopher M. Cosley at (847)394-3200. We will tailor our representation to your goals and priorities and will fight for the best outcome possible. You do not just deserve effective representation–it is your right. Call us and we will be on your side.

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