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Archive for the ‘Rolling Meadows criminal defense attorneys’ tag

How to Fight a Burglary Charge in Illinois

August 6th, 2018 at 4:55 pm

burglary, burglary charge, Rolling Meadows criminal defense attorneys, theft charge, burglary defenseFacing any criminal charge can be alarming and frightening. Most crimes are made up of different elements, levels, and a number of other factors that can be confusing. Burglary is no exception. In Illinois, there is more than one type of burglary. Depending on the circumstances surrounding the alleged crime, a defendant could be charged with a Class 1 felony, which is the most severe type of felony possible for a burglary charge. Since a charge can be so serious, it is imperative to have an attorney who can provide the best defense possible. There are many strategies and defenses that can be employed to fight a burglary charge, as described in detail below.  

You Have an Alibi

One of the strongest defenses to burglary available is that you simply were not around to do it. Being able to prove your whereabouts, beyond just you saying you were not there to commit the crime, is a strong device. In order to establish an alibi, any number of things can be proved to show the defendant was doing something else at the time of the crime — video tape, cell phone records, credit card receipts, or even witness testimony.

There is No Proof

A strategy that is often effective in criminal cases is attacking every piece of evidence that the prosecutor is presenting to prove a defendant’s guilt. Poking holes in the credibility of the evidence, proving that police work or searches were illegal, and otherwise proving that evidence is lacking and insufficient can result in a not guilty finding.

Often times, properties will have surveillance cameras to monitor what is going on within a building. This footage, however, is not always of the highest quality. A grainy video surveillance system could provide doubt that it is the defendant that is the one committing the crime.

You Were Authorized to Enter the Property

There is a big distinction between burglary and theft. Burglary requires that a person entered the property of another with the intent to commit a crime. They must also not have the permission to enter. Theft, on the other hand, involves the taking of property from a place or dwelling that the defendant is allowed to be in. Therefore, if a defendant can prove that they had permission to enter a property, burglary is not an appropriate charge. While a burglary charge may be avoided, there is still the possibility for a theft charge.

Contact Us Today for Help

If you have been charged with burglary, you need an attorney who has the strategy and capabilities to fight your case with fervor. The passionate Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley are here to help you. We understand that a criminal charge can have devastating effects on one’s life. Therefore, you need an attorney you can trust to obtain the best result possible. Contact us today for a consultation.

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

When Do Drug Charges Become a Federal Offense?

August 3rd, 2018 at 3:50 pm

drug charges, federal drug charge, federal offense, Rolling Meadows criminal defense attorneys, state drug chargeBoth federal and state laws and regulations govern the use, possession, distributing, and manufacturing of drugs. Illinois has a set of drug laws, but so does the federal government. There is a big difference between being charged with a state drug charge and a federal drug charge. Therefore, it is important to know when a drug charge could become a federal charge. Each case is unique and has its own circumstances and issues, but there are different factors at play that could elevate a state drug charge to a federal one.

Factors to Consider

The following describes a number of factors to consider that may affect a drug charge:

  • The arresting officer – One of the biggest clues involves who is making the arrest. Being arrested by a federal agent is a huge sign that you will be charged with a federal crime. Sometimes local law enforcement, or state police, will ask federal agents to aid in their case. Often, state and federal officers will work together to conduct a sting to catch criminals.
  • Where the crime occurred – Crimes that occur on federal land could result in a federal drug charge. One such example is a crime occurring in a national park.
  • Statements offered by informants – In some drug cases, there is someone who is already being investigated by the federal government. These individuals often become informants for the government and will trade names and information about crimes of others for a reduced sentence or immunity. An informant working on behalf of the federal government will likely result in a federal drug charge.
  • Severity of the drug charge or offense – States often prosecute the smaller drug crimes, while the federal government prosecutes drug crimes that happen on a larger scale.

Why This Matters

One of the biggest differences between federal and state drug crimes are the penalties associated with them. Federal charges that result in a conviction carry longer sentences than state crimes. There are longer federal mandatory sentencing guidelines than the sentencing guidelines at the state level. Additionally, federal drug crimes do not have a parole program and probation is rarely granted.

If there is any doubt as to what type of drug charge is at issue, state and local authorities will discuss the issue and come to a determination as to who is better suited to prosecute the case.

We Can Help You Today

If you have been charged with a drug crime, either state or federal, you need a dedicated and knowledgeable attorney. The skilled Rolling Meadows criminal defense attorneys at The Law Offices of Christopher M. Cosley are here to help you. Don’t hesitate to reach out to us today for assistance.

Source:

https://www.ussc.gov/research/research-reports/mandatory-minimum-penalties-drug-offenses-federal-system

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/

Types of Burglary Charges in Illinois

June 8th, 2018 at 6:13 am

burglary charges, Class 2 felony, home invasion, residential burglary, Rolling Meadows criminal defense attorneysWhen someone thinks about burglary, he or she may think of a person breaking into a building, or home, to steal something valuable. While that is burglary, there are other instances in which a person can face burglary charges and not even realize it.

If you are facing charges for burglary in Illinois, it is imperative that you contact an attorney immediately. To be sure, a skilled lawyer can help protect your rights throughout each stage of the criminal process.

Types of Burglary in Illinois

The following includes various types of burglary charges in Illinois, all of which require the assistance of a skilled attorney.

Burglary

According to Illinois statute, burglary is committed when a person “knowingly enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.” Burglary is considered a Class 2 felony in Illinois and carries a potential sentence of three to seven years.

Residential Burglary

Residential burglary is considered more serious than the burglary of a building or other structure. A residential burglary is similar to the definition of burglary, but residential burglary is entering the dwelling of another with the intent to commit a felony. For a residential burglary conviction, it must be proven beyond a reasonable doubt that a person intended to commit a felony. This is a Class 1 felony.

Home Invasion

Home invasion is very similar to a residential burglary. However, it is made more serious and is considered a Class X felony. A home invasion occurs when an individual enters the home of another and knows that the residents of the home are present. Additionally, one of the following factors must be present:

  • The defendant possesses a weapon;
  • The defendant fires a gun;
  • The defendant threatens to fire a gun;
  • The defendant assaults a resident or threatens force; or
  • The defendant sexual assaults a resident, or commits some other form of abuse.

Criminal Trespass

Criminal trespass involves an individual entering the property of another without authority, but without the intention to commit a felony. Criminal trespass can either be a Class A misdemeanor or Class 4 felony. It is a felony when the residents of the property are present at the property; it is a misdemeanor when the residents are not present.

Possession of Burglary Tools

Even possessing burglary tools in Illinois is a crime; it is a Class 4 felony. However, a person must also have the intent to commit a felony with said tools. There are several items that could be considered burglary tools; however, common ones include lock picking kits, a crow bar, explosives, or even just a screwdriver. The intent to commit the felony determines the possession of burglary tools charge.

Contact Us Today for Help

With all the potential burglary charges possible in Illinois, you need an attorney who is well versed in all of the possibilities. Our passionate Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley can assist you throughout each step of your case. Contact us today to set up a consultation to find out how we can help you.

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-3

Three Common Misconceptions About Criminal Law in Illinois

June 4th, 2018 at 9:13 am

criminal law in Illinois, Rolling Meadows criminal defense attorneys, first-time offenders, criminal sentencing guidelines, criminal case evidenceFor many people, their knowledge of the criminal justice system comes from television shows or other types of media. As such, they may get ideas in their heads of what should happen in criminal cases. In reality, many events that take place on television are not accurate depictions of actual criminal defense cases in Illinois.

Real life cases do not follow a script, and they can be unpredictable and shocking. It is important to know which facts are the truth and which are mere misconceptions. In light of this, consider the following three common misconceptions about the criminal justice system.

Any Time I Am Not Read My Miranda Rights, My Case Will Be Dismissed

A defendant must be read his or her rights anytime he or she is in custody of the police and is being interrogated. Being ‘in custody’ is a complicated issue. Merely talking to the police does not always mean that you are in custody, and neither does being placed in handcuffs.

There are several factors that go into determining when a defendant is in custody. If a defendant’s rights are not read, and he or she is in fact in custody, this does not mean the case will automatically be dismissed. Generally, any statement made during the custodial interrogation will be suppressed and unusable in trial. However, there is no requirement that a case must be dismissed.

If I Ask an Undercover Police Officer if He is a Police Officer, He Has to Tell Me

There is no requirement for a police officer, who is working undercover for whatever reason, to disclose that he or she is a police officer. Undercover operations are used in a variety of situations, and the disclosure of such would make an operation useless.

I Will Not Go to Jail for My First Offense; I Have a Family and a Job

There are sentencing guidelines for crimes committed in Illinois. The severity of the crime determines what the sentence will be. Just because someone has been charged with his or her first ever criminal act, it does not mean he or she could not go to jail. Judges have likely seen a lot of defendants go through their courtroom, including many first-time offenders and those with families. A judge will follow the sentencing guidelines and will not fall prey to emotional pleadings for no jail time in certain crimes.

We Can Help You Today

At the Law Offices of Christopher M. Cosley, we make sure to provide you with accurate legal information so you are aware of what is happening in your case. Our talented Rolling Meadows criminal defense attorney has the skill and knowledge to defend you in an array of criminal matters. Contact us today to get the best defense available.

Sources:

https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1028&context=book_chapters

http://www.ilga.gov/commission/lru/2005pfc.pdf

What is an Aggravated DUI?

March 12th, 2018 at 3:39 pm

aggravated DUI, DUI charge, felony DUI, Illinois automobile insurance, Rolling Meadows criminal defense attorneysIn Illinois, the more a person is charged with driving under the influence (DUI), the harsher the penalties get. The different types of DUI charges that are possible in Illinois are outlined in 625 ILCS 5/11-501.

A DUI can be classified as both a felony and misdemeanor. An aggravated DUI is a felony DUI. You can be charged with a felony DUI, even if it is your first DUI arrest or charge.

Proving an aggravated DUI is the same as proving a misdemeanor. The prosecutor must show that the defendant broke a law in some way, most often driving with a blood alcohol content of more than 0.08 percent.

In addition to proving a violation of law, there are 11 circumstances that can elevate a misdemeanor DUI to an aggravated DUI. The following are the circumstances that make a DUI a felony:

  • The charge is the 3rd or subsequent DUI charge. A DUI arrest will always be a felony if you have two or more prior DUI convictions;
  • Driving a school bus with children under the age of 18 on board;
  • Driving under the influence that results in a car accident with a victim who suffers permanent disability to great bodily harm. This injury must be caused because you were driving under the influence;
  • Having a reckless homicide conviction on your record because of intoxication or impairment;
  • Having an accident in a school zone where another person suffered bodily harm;
  • The DUI being the proximate cause of death of another;
  • Being arrested for a DUI while having a suspended or revoked license. The suspended or revoked license must be the result of a prior DUI, statutory suspension, or reckless homicide.
  • Not having a valid license at the time of the DUI offense;
  • Driving a car that you know is not insured;
  • Being the proximate cause of bodily harm to a child; and
  • Committing a DUI with a passenger that is under the age of 16 and you already have another DUI.

How Serious is an Aggravated DUI?

Any kind of DUI conviction can be detrimental to you and your family, but an aggravated DUI can create many more problems. A misdemeanor DUI has a maximum sentence of less than one year. A felony offense can carry a much higher jail or prison sentence. A felony DUI carries a prison sentence of one year or more. In addition, there is a maximum fine of $25,000.

Reach Out to an Attorney for Help

If you are facing criminal charges, you should contact an attorney immediately. Choose an attorney with the experience and skill to represent you. The Law Offices of Christopher M. Cosley can defend you zealously in an aggravated DUI case. Our Rolling Meadows criminal defense attorney can provide an effective defense. Contact us today for a free consultation.

Source:

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

FAQs About the Juvenile Justice System

September 4th, 2017 at 10:01 am

juvenile charges, juvenile crimes, juvenile justice system, Rolling Meadows criminal defense attorneys, Rolling Meadows criminal defense lawyerRoughly 100 years ago a juvenile justice system was established in the United States in order to divert young offenders away from the standard criminal justice system and into an alternative system focused on rehabilitation. Today the juvenile justice system still places great importance on rehabilitation. Yet nowadays the system also focuses on punishment, accountability, and promoting public safety as well.

It is also important to note that today each state has it has own juvenile justice system and that each of these 51 systems embraces slightly different objective and operates slightly differently. Therefore, any case specific questions relating to the juvenile justice system in Illinois should be directed to a local juvenile charges defense lawyer. Still, some frequently asked questions about the juvenile justice system at large have been answered below.

Q: How does the juvenile justice system differ from adult courts?

A: The Illinois juvenile justice system differs from adult courts in a number of different ways but some notable difference include the following:

  • In the juvenile system, offenders are not prosecuted for committing “crimes” but are charged with “delinquent acts” instead;
  • Juveniles do not have a public trial but instead have a private adjudication hearing;
  • When a judge in the juvenile system is determining what steps should be taken after a minor is deemed to be delinquent the minor’s best interests are taken into account;
  • Juvenile adjudication hearings are much more informal than trials conducted in the adult system; and
  • The juvenile system embraces alternative sentences (such as parole, probation, diversionary programs, etc.) in cases where the adult system likely would not.

Q: Who can be tried as a juvenile in Illinois?

A: Generally speaking, a juvenile who commits a crime in Illinois before his or her 18th birthday will be tried in the juvenile system. However, under Illinois’ Juvenile Court Act minors who are 15, 16, or 17 years old may be tried as an adult if they are charged with certain serious crimes such as first degree murder, aggravated vehicular hijacking, aggravated sexual assault, etc.

Q: Are juvenile delinquency hearings confidential?

A: Here in Illinois, juvenile delinquency hearings are presumptively closed.

Q: Can juvenile records be expunged in Illinois?

A: Juvenile records in Illinois are sealed when the offender becomes an adult. This means that certain entities (such as most potential employers) will not have access to the record, however, other entities (such as law enforcement organizations and the military) will be able to view it. However, the Illinois Juvenile Justice Commission notes that an Illinois juvenile record can be expunged if the offender is at least 17 years old (or 18 if the record contains a misdemeanor offense) and the youth:

  • Was arrested but not charged;
  • Was charged but not found to be delinquent;
  • Completed court supervision; or
  • Was found delinquent for a business offense, a petty offense, or a misdemeanor offense.

Additionally, some juvenile felony records can also be expunged, however some can not. Whether or not a felony juvenile record can be expunged is highly case specific, so be sure to direct questions about expunging a juvenile felony record to a local juvenile charges defense attorney.

Contact a Rolling Meadows Juvenile Charges Defense Attorney

If your child has had a run in with the law in Illinois you likely have a lot of questions. At The Law Offices of Christopher M. Cosley our experienced Rolling Meadows criminal defense attorneys would be happy to answer your questions and advise you of your child’s legal options during an initial consultation at our office.

Source:

http://www.icjia.state.il.us/assets/pdf/ResearchReports/IL_Juvenile_Justice_System_Walkthrough_0810.pdf

Understanding the Penalties of an Illinois Drug Possession Charge

August 10th, 2016 at 3:33 pm

Understanding the Penalties of an Illinois Drug Possession Charge, Being arrested on drug charges can have a lasting impact on your life. Besides the cost of the charge itself, your job or livelihood could be placed at risk, and you may even lose government funding if you are attending or planning on going to college. Understand how the state of Illinois processes these charges, and what you can best do to protect yourself from the adverse consequences.

Drug Scheduling in Illinois

In Illinois, the penalties of a drug charge depend on several factors, including the assigned “schedule” of the drug you allegedly had in your possession. Based on the drug’s potential for abuse and whether or not they are considered approved for medical use, this schedule is as follows:

  • Schedule I drugs: opiates and opium derivatives that have a high potential for abuse and no accepted medical use (heroin, LSD, ecstasy, etc.);
  • Schedule II drugs: some accepted medical use, a high potential for abuse, and the propensity to cause severe psychological or physical dependence (Demerol, OxyContin, Percocet, etc.);
  • Schedule III drugs: a lower potential for abuse and a moderate to low risk of physical or psychological dependence (Vicodin, Tylenol with Codeine, Suboxone, etc.);
  • Schedule IV drugs: a low potential for abuse compared to other higher schedule drugs (Xanax, Klonopin, Valium, Ativan, etc.);
  • Schedule V drugs: a low potential for abuse compared to other higher schedule drugs and primarily preparations that contain limited quantities of higher level narcotics (Robitussin AC, Codeine, Phenergan, etc.).

Other Factors Considered in Your Drug Possession Case

While the scheduling of the alleged drug is a major factor in determining the potential consequences of a drug charge, there are many other factors considered as well. Examples include the number of previous convictions and/or possession charges, the amount of the drug you were allegedly carrying, and your proximity to a school at the time of an arrest.

Possible Penalties of Drug Possession

Schedule I drugs often result in felony charges, which could lead to incarceration of anywhere from four to 50 years, depending on the amount you were allegedly carrying. However, there are exceptions. In contrast, lower schedule drugs are often considered misdemeanors, which typically results in a shorter sentence. Still, there are factors that could aggravate a lower schedule drug charge and increase your penalties.

Contact Our Illinois Criminal Law Attorneys

If you are facing a drug charge in Illinois, it is critical that you contact an attorney that understands how to defend your rights and mitigate your charges. Our Rolling Meadows criminal defense attorneys possess this knowledge, and we will take swift, aggressive action in your case. Get the representation you deserve. Contact us to schedule your confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=600000&SeqEnd=2600000

Diversion of Controlled Substances Is Two Crimes: Theft and A Drug Charge

August 1st, 2016 at 10:56 am

Diversion of Controlled Substances Is Two Crimes, Rolling Meadows criminal defense attorneysAll too frequently in the news the media reports on a nurse, pharmacist, or other hospital employee who steals controlled substances that are meant for patients. When this happens it is often referred to as diversion, or theft, of controlled substances, and it is a drug crime as well as a theft crime. Not only did the defendant steal the drugs, but if they are caught with the stolen drugs in their possession, they can be charged with possession of a controlled substance under the Illinois Controlled Substances Act.

Controlled substances are often stolen by healthcare workers who have an addiction. Their addiction drives them to take the drugs and to cover their tracks. Less frequently, a healthcare worker will be motivated to steal controlled substances from their place of employment by the potential of financial gains – by selling the controlled substances for a profit.

Controlled Substances that Are Often Involved in Diversion

When a person has access to an entire pharmacy, it is like having uninhibited access. Every type of drug is readily available; even the most highly regulated and controlled medications and drugs are there. The worker might report that the drugs were properly administered to a patient, or are included in a drug count, when, in fact, some of the drugs are missing.

Some controlled substances that are typically the subject of diversion, or theft by hospital or pharmacy employees, include, but are not limited to:

  • Painkillers, which include Vicodin, Percocet, Percodan, and Oxycontin;
  • Narcotics, which includes opioids, such as morphine, codeine, fentanyl, hydrocodone, and methadone;
  • Barbiturates, which include drugs like Valium and Librium; and
  • High-value or very costly drugs, such as expensive antiretroviral drugs, and performance enhancing drugs.

How Does The Theft Occur?

Diversion of drugs from healthcare facilities and pharmacies can take many forms. Sometimes workers will steal whole vials or pill packs. Some theft involves the removal of solution from a vial storage container and replacing the stolen solution with water. Other types of theft may involve swiping pills out of a patient’s pill vial, but reporting that all the pills were counted and are present. The theft could occur at a pharmacy, hospital, nursing home, senior care center, or any other healthcare facility that has access to controlled substances.

Do You Need Legal Representation?

Being addicted to controlled substances can be tough to live with. If you have been charged with theft or possession of controlled substance charges, you need to speak to a criminal defense lawyer as soon as possible. Let our skilled Rolling Meadows criminal defense attorneys assist you. Reach out to us for more information on how we can be of help.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941

What is a Plea Agreement in an Illinois Criminal Case?

June 20th, 2016 at 6:22 pm

Illinois plea agreement, Rolling Meadows Criminal Defense LawyerCriminal defendants have a choice when facing criminal charges: they can either fight the charges in court, or they can enter into a plea agreement. In many cases, it is in a criminal defendant’s best interest to fight the charges that they are facing. By fighting the charges, it is possible to have the charges reduced or dropped entirely.

However, there may be a situation where it is in the best interest of the criminal defendant to enter into a plea bargain with the prosecution, with the help of a skilled and seasoned criminal defense lawyer, to reach an agreement that results in lesser charges or lesser sentencing for the criminal defendant.

Nearly all criminal charges can be settled with a plea deal. In fact, a majority of criminal cases are resolved through a plea agreement. Plea bargaining is an effective means for resolving a case, which saves on time, court costs, and attorney fees. A plea agreement can provide certainty in the situation, and can be a great tool for reducing sentencing or avoiding jail time, especially when the criminal defendant was undeniably guilty of the crime.

Plea bargaining can be available in all types of criminal cases, including:

  • Drug offenses;
  • Assault and battery charges;
  • Theft crimes;
  • Fraud charges; and
  • Drunk driving crimes.

Why Would a Criminal Defendant Ever Choose a Plea Agreement?

It is imperative that you consult with a criminal defense lawyer before you choose to go down the path of a plea bargain. A plea bargain generally involves admitting some amount of guilt, and thus generating a conviction and creating a criminal record based on that crime. There are a number of good reasons that criminal defendants choose to enter into a plea agreement. These reasons include:

  • Reduction of sentencing;
  • Reduction of the charges;
  • Quick resolution of the criminal proceeding;
  • Avoidance of jail time;
  • A plea agreement provides certainty, whereas a trial is up to a jury; and
  • Avoidance of unwanted publicity of the case (the news media can report on criminal cases before the court, and a criminal defendant might want to avoid the media spotlight).

If you think that a plea agreement is a good idea for you, you should ask a lawyer just to make sure that you are making a good decision. Your lawyer can go over the benefits and consequences of entering into a plea agreement and can offer you legal advice on how you should proceed in your case. Even if you do not like what your criminal lawyer has to say, the choice is still up to you. If you do choose to enter into a plea agreement, your criminal lawyer can negotiate on your behalf.

Is a Plea Agreement Right for You? Ask a Lawyer

If you have the opportunity to enter into a plea bargain, you should consult with an attorney first. You need to understand the benefits of a plea agreement, but also the potential consequences you might face in your particular situation. Our skilled Rolling Meadows criminal defense attorneys can help you. Reach out to us today for a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-5-6

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