Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Illinois criminal laws’ tag

Traffic Fatalities on the Rise in Illinois

November 7th, 2018 at 8:29 am

Illinois defense attorneyTraffic fatalities and collisions involving serious bodily injury are on the rise in Illinois and have been for the past few years, according to WTTW Public News. To be sure, 2016 was deadlier than 2015; 2017 was deadlier than 2016; and, it looks like 2018 will be deadlier than 2017, as preliminary data from the Illinois Department of Transportation shows with still over two months to go until the final numbers are in. What does this mean for drivers who have been cited with moving violations and those who have been charged with causing bodily injury or death? Because Illinois, like most states, is seeing a rise in traffic collisions, prosecutors are more likely to bring the heaviest penalties possible on those who have allegedly violated the law. Some of the most serious Illinois traffic violations include the following:

Reckless Homicide—Drivers who cause the death of another while driving in a reckless manner or in a way that is likely to cause bodily injury or death will be charged with reckless homicide. Depending on the circumstances of the collision, defendants charged with reckless homicide can be sentenced to a maximum of 28 years in prison.

Leaving the Scene of a Crash—Under Illinois 625 ILCS 5/11-401, it is a Class 4 felony (punishable by up to three years in prison and a fine of $25,000) to leave the scene of a crash that you are involved in if the other driver was injured or killed. If the driver was killed, the defendant will also likely be charged with reckless homicide.

DUI—Driving under the influence of alcohol or controlled substances is a serious crime. Depending on how many DUIs a driver has on their record, their level of intoxication, aggravating factors, and other characteristics of the incident, a DUI can be charged as a misdemeanor with up to a year in jail, or as a felony with many years in state prison.

Reckless Driving—Reckless driving, such as going 35 miles per hour over the speed limit or getting airborne, is usually charged as a Class A misdemeanor crime, which involves a potential jail sentence, serious fine, and revoked driver’s license. However, if serious bodily injury occurs or a child or crossing guard is injured, the offense is increased to aggravated reckless driving, a Class 4 felony. Careless driving causing serious bodily injury is also a serious traffic offense in Illinois, punishable as a misdemeanor.

Contact a Rolling Meadows Attorney To Keep Out of Jail

Many people charged with moving violations believe that they will be suffer nothing more than a slap on the wrist. If you do not work with an attorney, this could not be farther from the truth. You are likely facing serious fines, points on your driver’s license, and potentially jail or prison time. We urge you to call skilled Rolling Meadows criminal defense attorney Christopher M. Cosley at 847-394-3200 for legal representation today.

 

Sources:

https://news.wttw.com/2017/08/24/traffic-fatalities-illinois-rise-2017

http://apps.dot.illinois.gov/fatalcrash/snapshot.html

Illinois Lawmakers take Aim at Revenge Porn

February 22nd, 2014 at 12:03 pm

social media & Revenge PornThe increased and widespread use of technology and social media has brought up a whole new host of issues regarding conduct online. While we still struggle to define appropriate online behavior in some aspects, it can be argued that perhaps the law is struggling to keep up with actions that occur on the web. When discussing the damaging effects of online behavior, we often hear key words such as “cyber bullying” and “sexting,” but what it really comes down to may be described as harassment in the legal arena.

What is Revenge Porn?

Lawmakers in Illinois are taking notice and taking action to address these problems. According to an article recently published by the Chicago Tribune, the state is taking steps to give victims of revenge porn an outlet in court. For those who are unfamiliar with the term, revenge porn refers to the act of an individual posting an inappropriate photo or video of their ex-boyfriend or girlfriend online as a way to get back at them after the failure of the relationship.

Proposed Law

Lawmakers in Illinois are trying to prevent such an embarrassing event by proposing a new measure that would make it illegal to post such content on the internet without the consent of the subject of the photo or video. Senator Michael Hastings, who is sponsoring the proposal, compared the publishing of such explicit material to harassment, and said it was the worst kind of cyber bullying.

Proponents say the law is necessary because current Illinois statutory law fails to provide criminal sanctions as a consequence for such behavior. The state’s statutes do not protect the victims of such crime, who most likely consented to the photo or video initially, as the image was recorded in the context of a private, trusting relationship.

The proposed law would make it a felony to post nude and sexually explicit images of another party without their permission to do so. In addition, under the law, it would be a crime to request a fee in order to remove such images from a website. The penalties associated with the law would include a maximum of three years in prison and a $25,000.00 fine. However, judges would maintain discretion to order a lesser sentence if they thought doing so was appropriate.

Opposition

Those who are opposed to the law argue that making such action a criminal offense would infringe on the constitutional right to free speech. Specifically, the American Civil Liberties Union of Illinois takes the position that the state’s civil laws may be more appropriate to address such behavior, and should be considered as a solution to the issue before the activity is made a crime under state criminal law.

Criminal law and procedure may change more than the average public person is aware. That is why engaging the services of a knowledgeable criminal defense attorney in Illinois is so important. Contact us today if you have been charged with a crime, and let us protect your rights.

Back to Top Back to Top Back to Top