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Archive for the ‘registered sex offender’ tag

Defending Against Sex Crime Charges in Illinois

September 18th, 2018 at 11:15 am

Cook County sex crime defense attorneyAll criminal charges need to be taken seriously. That being said, because of the penalties associated with sex crimes, those facing these charges are encouraged to seek professional representation immediately. Individuals who are charged with or convicted of a sexual offense, such as sexual assault or possession of child pornography, are likely to have a negative reputation that can follow them around forever. The stigma around alleged sex offenders is so powerful that it can be hard to shake this bad reputation, even if the defendant has been cleared of all charges. In the event a defendant is convicted of a sex crime, the consequences can be even worse. Sex crime convictions can carry a host of consequences, including significant jail time and being listed on the sex offender registry for the rest of your life. As such, you need an aggressive defense attorney who can protect your rights and your reputation.

Suppressing Evidence

Without evidence, there is generally no criminal case. Every crime and charge is different, but a criminal defense attorney will work tirelessly to suppress any evidence that is improperly collected against a defendant. Regardless of the crime or suspicion, everyone is entitled to their Constitutional rights. The Fourth Amendment to the Constitution gives individuals the right to be free from unreasonable searches and seizures. If the collection of evidence violated your rights, this could be a large factor in preventing criminal charges from being brought.

Improper Police Conduct

In addition to making sure that a police officer has the proper search warrants to collect evidence, the police have other conduct-related requirements that they must follow. For example, entrapment can often be a defense in sex crime cases. Entrapment is a complex area of the law, but your attorney may be able to show that if the police had not enticed you to commit a crime, you would not have committed the alleged offense.

Challenging Witness Testimony

Evidence in many cases comes from eyewitness testimony. However, not every witness is credible. Being able to poke holes in a witness’s story or credibility can discredit the witness enough to make their testimony unusable.

Another way to discredit a witness is by finding reasons that they might be lying about their memory or account of events. In some instances, people might be willing to lie to help out a family member or friend or because of a vendetta against the alleged offender. Exposing these lies is often key in defending against sex crime charges.

Contact a Cook County Sex Crime Defense Lawyer

Reputation is important. It follows you for the rest of your life, and it is hard to change other people’s perception of you. As such, criminal charges for sexual offenses can have a devastating impact on the rest of your life. You need an attorney who is willing to provide an aggressive defense and work hard to avoid the consequences of a conviction. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley is here for you. Attorney Cosley is committed to providing the best defense possible under the circumstances. Contact us today at 847-394-3200 for a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?docname=072000050hart%2E+11&actid=1876&chapterid=53&seqstart=14300000&seqend=20800000

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

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