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Archive for the ‘Rolling Meadows criminal defense attorney’ tag

Possession or Sale of Hypodermic Needles

October 12th, 2018 at 7:02 pm

Illinios defense lawyerHaving a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

  • Dozens of types of cancer;
  • Deep vein thrombosis;
  • Type I and Type II diabetes;
  • Hormone treatment including testosterone therapy;
  • Allergy treatment;
  • Fertility purposes;
  • Injection of vitamins and minerals for general health or to compensate for a deficiency; and
  • Hundreds of other types of diseases and disorders.

Sale of Hypodermic Needles

Unless you are authorized to sell hypodermic needles (such as a doctor, pharmacist, or drug manufacturer), selling any needles could result in a felony offense. The sale of hypodermic needles is a Class 4 felony in Illinois.

A Rolling Meadows Attorney Is Available to Talk Today

Possession of a hypodermic needle used for administering a controlled substance, which is a Class A misdemeanor, carries a penalty of up to one year in jail and a fine of $2,500. Each subsequent offense is a Class B misdemeanor, which is a Class 4 felony punished by one to three years in prison and a fine of up to $25,000. This means that if you were found with four hypodermic needles allegedly used for the purpose of administering controlled substances, you could face one Class A misdemeanor and four Class 4 felony charges. As such, if you are facing any hypodermic needle charges, whether for possession or sale, you need to contact the dedicated Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4496270/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1954&ChapterID=53

 

What Is Grand Larceny?

September 27th, 2018 at 9:38 am

Chicago theft and larceny defense attorneyLarceny, more commonly referred to as theft, occurs when a person knowingly obtains the property of another with the intention of permanently depriving the owner of their property, as per 720 ILCS 5/16-1. The degree of larceny or theft that an individual is charged with depends on the value of the property taken. Larceny charges do not include robbery, armed robbery, burglary, carjacking, or other crimes of violence, which are punished more severely than larceny offenses.

“Grand” larceny or “grand” theft is commonly thought of as the threshold between a misdemeanor and a felony charge, though in Illinois that language is not specifically used. Illinois law classifies various degrees of larceny on a scale described below, with the highest felony classification for theft being a Class X felony, which can result in decades behind bars.

  • Class A Misdemeanor – The property taken is valued at $500 or less. Punishment includes a jail sentence of up to one year and a fine of up to $2,500.
  • Class 4 Felony – The property taken is valued at $500 or less and was taken from a school or place of worship. Punishment includes a prison sentence of one to three years, with a maximum fine of $25,000.
  • Class 3 Felony – The property taken is valued at $500 to $10,000. Punishment includes a prison sentence between two and five years and a fine of up to $25,000.
  • Class 2 Felony – The property taken is valued at $10,000 to $100,000, or it is valued at $500 to $10,000 and was taken from a school or place of worship. Punishment includes a prison sentence between three and seven years and a fine of up to $25,000.
  • Class 1 Felony – The property taken is valued at $100,000 to $500,000, or it is valued at $10,000 to $100,000 and was taken from a school or place of worship. Punishment includes a prison sentence between four and 15 years and a fine of up to $25,000.
  • Class 1 Felony Non Probationary – The property taken is valued between $500,000 and $1 million. Punishment includes a prison sentence of up to 30 years and a fine of up to $25,000.
  • Class X Felony – The property taken is valued at over $1 million, or it is valued at more than $100,000 and was taken from a school or place of worship. Punishment includes a prison sentence between six and 30 years a fine of up to $25,000.

Restitution

In addition to the fines listed above, the victim can also seek repayment for the value of the property that was stolen and the financial losses they suffered as a result of larceny. This is referred to as restitution. For example, a victim whose pickup truck was stolen may have lost $4,000 in revenue because their small landscaping business went without a truck for a month, and they may have lost $4,000 in productivity during the time period it took to purchase a new vehicle or have theirs returned to them. Thus, they may claim restitution of $8,000.

Contact a Rolling Meadows Larceny Defense Attorney

Theft is one of the most prevalent offenses in Illinois, and here in Cook County, there are over 1,800 counts of theft per 100,000 inhabitants, according to the Illinois State Police. Those charged with any degree of theft need to protect themselves by contacting a skilled attorney. We urge you to contact dedicated Cook County criminal defense lawyer Christopher M. Cosley for assistance today. Call our office at 847-394-3200 to arrange a free consultation.

Sources:
http://www.isp.state.il.us/docs/cii/cii16/cii16_SectionI_Pg11_to_246.pdf
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

Understanding the Consequences of Prescription Forgery in Illinois

September 25th, 2018 at 1:21 pm

Cook County drug charges defense lawyerPrescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake—prescription forgery is a serious crime in Illinois.

What Illinois Law States About Prescription Forgery

According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:

  • Changing the dose amount on a prescription written by a doctor.
    Stealing a prescription pad off a doctor’s desk.
    Writing a prescription for yourself.
    Using a computer to create a fraudulent prescription form.

The Consequences of Prescription Forgery

Shockingly, even a first time prescription forgery offender can be fined up to $100,000, and they may be sentenced to between one and three years in prison. If a person is charged with their second prescription forgery offense, they may be fined up to $200,000 and sentenced to between two and five years in prison.

It is common for a person who is charged with prescription forgery to be facing other drug charges at the same time, such as burglary, possession of an illegal drug, or an intent to traffic drugs. All of these offenses can add up to considerable time behind bars and fines that would be impossible to pay back in a lifetime of full-time work—something that would become extremely difficult to accomplish with a felony record.

Defending Medical Professionals

Medical professionals are not immune to prescription forgery charges. Doctors have been known to use their license as an opportunity to write friends or family members a prescription without reason, or to prescribe opioids to addicted patients who pay them cash under the table. If you are a physician or pharmacist, you will lose your professional license in a heartbeat if you are found guilty of prescription forgery.

A Cook County Drug Crimes Defense Attorney Can Help

More than 115 Americans die every day from overdosing on opioids, according to the National Institute on Drug Abuse. Instead of taking steps to combat addiction and help self-medicated individuals overcome or manage their mental or physical ailments, our criminal justice system sends its best prosecutors to lock up victims of opioid addiction. If you have been charged with prescription forgery, you need a strong defense that will help you avoid the consequences of a conviction. Contact dedicated Rolling Meadows criminal defense lawyer Christopher M. Cosley today at 847-394-3200 to schedule a free consultation.

Sources:
https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K406.2

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

Could Prescription Drugs Result in Drug Charges?

August 27th, 2018 at 7:00 am

criminal drug charges, prescription drugs, Rolling Meadows criminal defense attorney, prescription drug charges, prescription drug useStudies show that an estimated 54 million people have used prescription drugs for non-medical reasons. Additionally, 2.1 million people in the United States have used prescription drugs for non-medical reasons just within the last year. Because of this high abuse and potential for dependency, the state of Illinois is strict when it comes to drug laws and charges.

When most think of drug charges, they might think of illegal drugs, including cocaine, heroin, etc. While those drugs also can result in criminal charges, they are not the only type. Prescription drugs can result in criminal drug charges, as well.

Prescription Drugs and Drug Charges

There are more arrests occurring in Illinois for the use of prescription drugs without a valid prescription than there have been in the past. This is due in part to the addictive nature of some prescription drugs.

Prescription drug abusers often start off as legitimate prescription holders. They are injured, or otherwise prescribed pain medication or other narcotics. Through continuous use of the prescription, they become addicted and are unable to stop using, even when their prescription is no longer valid. As such, an individual might turn to illegal means to obtain the drug.

A person can be arrested and face drug charges for the possession of even one pill without a prescription. Common types of prescription drugs that are abused include Xanax, Ketamine, OxyContin, and Vicodin. The severity of the drug charge depends on the type of drug and the amount in possession.

Illinois classifies drugs into schedules. Prescription drugs fall into the range of Schedule II, Schedule III, and Schedule IV drugs. Schedule IV drugs are considered the lesser in severity of the charges.

The following are examples of prescription drugs in each schedule:

  • Schedule II: morphine, opium, amphetamines. These drugs are considered the most serious prescription drugs. While they have medical benefits and uses, they are highly addictive.
  • Schedule III: ketamine, anabolic steroids, codeine, and hydrocodone combinations.
  • Schedule IV: methadone, PCP, Ritalin.

Reach Out to Us Today for Help

A drug charge can be either a felony or a misdemeanor in Illinois. The amount of prescription drug at issue, and the type of prescription drug, all play a role in determining what charge will be brought. Both felonies and misdemeanors can bring about devastating results. As such, you need a dedicated defense attorney on your side.

Experienced Rolling Meadows criminal defense attorney Christopher M. Cosley is here for you. Attorney Cosley does not want your life derailed because of one prescription drug charge and he will work diligently to provide you the best defense given the circumstances of the case. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

https://www.drugabuse.gov/publications/research-reports/misuse-prescription-drugs/what-scope-prescription-drug-misuse

Can I Handle a DUI Case on My Own?

August 24th, 2018 at 5:06 pm

DUI case, DUI charge, Rolling Meadows criminal defense attorney, DUI conviction, aggravated offensesThe decision to hire an attorney may be difficult, but there are many instances where not hiring an attorney can be detrimental to your case. One type of charge that should be handled by an experienced attorney is driving under the influence (DUI). A DUI conviction can have both costly and devastating effects on your life.

In Illinois, a DUI charge results when an individual is found driving under the influence of alcohol, drugs, or other impairing or intoxicating compounds. A person who is found driving or in physical control of a vehicle while he or she has a blood alcohol concentration of .08 or more will be charged with a DUI.

Consider the following reasons why you should consider hire a experienced DUI attorney to provide an aggressive defense to the court. 

Provide an Aggressive Defense

Some individuals may believe that if they have been charged with a DUI, they will therefore be convicted due to the evidence from a breathalyzer test or blood test. This does not have to be the result. There are several defenses that can be applied to each case.

An DUI attorney will have the experience and capability of giving you appropriate representation given the circumstances. Courtroom knowledge and practical experience can result in good news for your DUI charge, but this can only occur if an attorney is hired to defend the case.

Multiple Offenses Result in Harsher Sentences

Much like any crime, penalties are harsher when offenses are more frequent. A second, third, or subsequent DUI offense in Illinois can bring about serious consequences. For some, the cost of an attorney is what keeps them from hiring an attorney. However, in a second or subsequent DUI case it is absolutely essential to hire an attorney. The penalties for a second offense increase significantly. An attorney can assist you in getting the best possible result for these charges.

Aggravated Offenses are Complex

A DUI charge is considered aggravated if others were injured or killed in an accident, or even if the charge is a repeat offense. Much like multiple offenses, aggravated offenses also carry harsher penalties.

We Can Help You Today

Whether you are a repeat offender or a first time offender, taking the time to speak to an experienced attorney could mean the difference between a harsh sentence or no sentence at all. Even if you are on the fence about hiring an attorney, there is no harm in scheduling a consultation to see how an attorney can help you in your legal battle. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to help you. Attorney Cosley knows that hiring an attorney is a big choice and wants to make that choice easy for you. Contact us today to set up a consultation.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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

Man Charged After Being Found With 75 Pounds of Marijuana

August 20th, 2018 at 3:31 pm

marijuana, criminal drug charges, drug charges, drug crimes, felony drug charges, Rolling Meadows criminal defense attorneyA man in Cook County is facing felony drug charges after being found with more than 75 pounds of marijuana, according to NBC Chicago. The Chicago Police department was responding to reports that there was a burglary in progress.

While investigating the premises of the alleged burglary, the police found a basement door that bore signs of forced entry. The officers proceeded inside the door and found 34,000 grams of marijuana. More than 120 grams of cannabis oil was also discovered.

The man who was renting the building where the marijuana and cannabis oil was found is now facing two felony charges. He has been charged with two felony counts of manufacturing or delivering over 5,000 grams of marijuana, or cannabis. In addition to these two felony charges, he also faces a misdemeanor charge as a result of being found to be allegedly violating the concealed carry act.

Felony Drug Charges in Illinois

The words felony and misdemeanor are often thrown around, but not everyone always knows the difference between these two types of charges. A felony charge is a more serious charge that carries harsher and stricter penalties. The classification of a drug charge in Illinois is based on the amount of drugs in possession and the specific intent of the person in possession of the drugs.

There are several different types of drug charges that an individual can be charged with, both felony and misdemeanor. The different types of drug charges in Illinois include:

  • Drug possession;
  • Possession of drugs with the intent to distribute;
  • Drug manufacturing;
  • Drug trafficking; and
  • Drug conspiracy.

The above list of drug crimes encompasses most, if not all, of the various types of crimes an individual might find themselves facing. These crimes, depending on the amount of drugs in a person’s possession or the circumstances surrounding the offense can lead to harsh punishments. Typically, there are fines, court costs, jail time, prison time, probation, or parole assigned to those who have been convicted of a drug crime.

Contact Us Today for Help

The charge and potential conviction of a crime can have a major impact on your life. You could lose your job, home, be unable to rent an apartment, or even be unable to find another job all because of a criminal conviction. Do not let one charge derail your entire life.

Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is ready to defend you in criminal drug charges. Attorney Cosley knows that a conviction can drastically alter one’s life and will work diligently to get the best outcome under the circumstances. Contact us today for a consultation.

Source:

https://www.nbcchicago.com/news/local/man-charged-after-cops-find-over-75-pounds-of-pot-488882181.html

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

Accessing Police Records in Cook County

August 10th, 2018 at 7:16 am

police records, Rolling Meadows criminal defense attorney, criminal records, Illinois criminal system, current criminal chargesThere are a number of reasons why a person might want access to his or her police records. He or she may want to make sure any criminal charges are accurately depicted, or he or she may want to make sure that a certain charge or conviction is no longer listed on his or her record. Whatever the reason, in Cook County a person has the ability to access his or her police reports.

The Uniform Conviction Information Act passed in 1991 requires that a person’s criminal record and conviction information must be made public. This act was passed in an attempt at full transparency and to give those that needed this information the avenue and opportunity to seek the information that they required. An individual’s criminal record will contain arrests, convictions, and other data about contact that the person has had with the Illinois criminal system.

Reasons to Access a Criminal Record

As mentioned above, there are several reasons why a person would want or need to access his or her criminal record. The following are the more common reasons:

  • Expungement – If a person is trying to have something on his or her criminal record expunged, then he or she will likely need to look at the record to see exactly what crime should be expunged and the way in which is it presented on record. Not every crime can be expunged, so a person must examine his or her record thoroughly to determine how to go about receiving an expungement.
  • Pending Litigation – For a defendant who is facing charges, obtaining a copy of his or her criminal record could be helpful in building a defense to the current charges.
  • Checking for Accuracies – A person might want to check his or her record just to make sure that his or her criminal history is correct. Potential employers or landlords often run criminal background checks on prospective employees or renters. Therefore, it is important to know what exactly it is he or she will be seeing upon request of the record.

Who Can Receive the Record?

It is not just an individual who has permission to obtain his or her own record. There are many parties who might have an interest and include the following:

  • Victim – The victim of a crime has the right to view and obtain a copy of a person’s criminal record. Usually, a victim is presented with copies of the report after the charge is filed.
  • Defendant – The person of whom the record is for can request a copy of his or her own record.
  • Third Parties – Employers, landlords, or members of the community are able to obtain a copy of public record. The Freedom of Information Act gives anyone the right to view or obtain copies of documents that are a matter of public record.

We Can Help You Today

If you have questions about your criminal record, contact a dedicated Rolling Meadows defense attorney at The Law Offices of Christopher M. Cosley. We can answer any questions you might have and inform you of any options you have regarding you record.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=351&ChapterID=5

Violating Probation Can Land You in Jail

July 20th, 2018 at 6:29 pm

Rolling Meadows criminal defense attorney, violating probation, Illinois criminal cases, probation violation, Class A misdemeanorIn criminal cases involving jail or prison time, there is often a high probability that upon release from incarceration, an individual will be placed on probation. Probation requires a person to follow strict rules and guidelines on how he or she should conduct himself or herself as he or she transitions back to the real world.

As of this writing, an Illinois man is on his way to jail after violating probation. The man pled guilty to committing a string of burglaries and burning a vehicle. He pled guilty to two counts of burglary and one count of arson, according to the Daily News. As a result of this guilty plea, the man was placed on probation. One of the conditions of his probation was that he was not to get arrested for any additional crimes or offenses. He did not meet this condition. The man was arrested for two charges: possession of a knife and unlawful display of a title with a prior conviction. Both of these charges are considered Class A misdemeanors.

As a result of the arrest after being placed on probation, it was no surprise that the court revoked his probation. There was debate from the prosecutor and the defense on how much jail time was actually warranted or needed. Ultimately, the judge sentenced the man to 28 days in jail and another 48 months, or two years, of probation following his release. He is also to undergo additional testing and counseling.

Probation in Illinois

If a person is guilty of a crime, it is always the hope that he or she will not have to serve jail or prison time. Probation can be an excellent alternative to lengthy jail sentences. It allows the defendant to live his or her live and move forward, but still be under supervision to be sure he or she is abiding by the rules and staying out of trouble. A violation of probation puts that ‘freedom’ at risk.

After violating probation, a judge is likely to revoke probation and send the defendant to jail for the first time or back to jail.

However, there are a few defenses that could potentially be employed after a probation violation. These include:

  • Inaccurate testing (if probation was for drug or alcohol use);
  • Exigent circumstances preventing a defendant from meeting with the probation officer, such as a hospital visit; and
  • The defendant made every attempt possible to follow the rules of the probation and a violation was not his or her fault. For example, if a no contact order is placed against the defendant and he or she is avoiding the victim, but a chance meeting occurs, this could be a defense.

The above is by no means an exhaustive list of defenses. Probation violation defenses are specific to the terms of the probation.

Let Us Help You Today

If you have violated probation and are worried about the consequences, contact a dedicated Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley. We work diligently to present every possible defense to get the best result possible. Contact us today.

Sources:

http://www.effinghamdailynews.com/news/local_news/burglar-returned-to-jail-after-probation-violation/article_78019d3c-721b-5677-b574-75738f69b104.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-4

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