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Archive for the ‘Rolling Meadows criminal law attorney’ tag

Understanding State and Federal Racketeering Laws

October 27th, 2017 at 1:29 pm

criminal charges, federal racketeering laws, racketeering, Rolling Meadows criminal law attorney, RICO offenseIf you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney. Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.

If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will be ordered to provide financial restitution to any victims.

Overview of Racketeering

Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.

Examples include:

  • Producing counterfeit consumer goods;
  • Bank fraud;
  • Laundering money;
  • Bribing an athlete or other individual participating in a sporting event; and
  • Tampering with a witness in a criminal case.

In Illinois, if convicted of a crime where the RICO Act was implicated, you could face between one and 20 years in prison, along with being ordered to pay up to $250,000 in fines. The extent of the penalties is typically influenced by your previous convictions, if any, the scope of the racket and amount of money stolen or laundered, the amount of attention the case received from the press, and any other circumstances that may have a bearing on the case.

Defenses That Can Be Used to Combat a Racketeering Charge

If you are charged with a RICO offense, do not assume that the government will obtain a conviction. The standard the prosecution must meet in order to convict you is “beyond a reasonable doubt.” Basically, beyond a reasonable means that the prosecutor must present such compelling evidence that there is no other reasonable explanation that can be derived from the specific facts of your case other than you are guilty of the crime. The threshold is this high because there is a presumption of innocence when someone is charged with a crime.

Your Rolling Meadows racketeering defense attorney needs to work diligently to build your case and raise some, or call, of the following defenses:

  • Having evidence excluded if it was illegally obtained by police (also known as fruit of the poisonous tree doctrine);
  • Introducing evidence that you had no knowledge of the illegal racket
  • Raising reasonable doubt of your guilt

Speak to a Rolling Meadows Racketeering Defense Lawyer Today

As you can see, racketeering charges are quite serious and necessitate having top-notch legal representation. That is why you need to contact a passionate Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley. Let us help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+33G&ActID=1876&ChapterID=53&SeqStart=90000000&SeqEnd=91000000

Juvenile Crime Law: Give Our Kids a Chance in 2017

May 22nd, 2017 at 8:50 am

juvenile crime law, juvenile criminal offenses-Rolling Meadows Criminal Law AttorneyWith the signing of State Bill 2777, it is now prohibited for a juvenile to be committed to a juvenile detention center for a crime that is not a felony, and even for some nonviolent felonies. This change in the law comes as a sweeping initiative is taking hold in the Illinois legislature, moving away from the tough on crime policies that have caused an exploding prison population in Illinois.

“There has been a recognition that our system of justice needs to be more just and less retribution-focused,” said Rep. Ron Sandack, R-Downers Grove.” This is coming as bi-partisan efforts to keep our children out of the prison system have begun to take hold in our criminal justice system.

Which Juvenile Crimes Does This New Law Effect?

The new law effects juveniles who have been convicted of misdemeanor crimes. Misdemeanor crimes include misdemeanor theft, misdemeanor possession of marijuana, simple battery, and trespassing.   

Why Now?

Illinois lawmakers have been grappling with the rising population of juveniles who go from juvenile detention centers directly into adult detention centers. Juveniles who are sentenced for misdemeanor crimes, and find themselves becoming adult offenders without having a meaningful opportunity to rejoin society, have a high societal cost and an extremely heavy financial burden on the state of Illinois.

Lawmakers have anticipated that the new change in the law will save approximately $4.5 million dollars that the state of Illinois must pay to house the 110 kids that are admitted to juvenile detention centers, on average, every year.

Is That the Only Juvenile Criminal Law That Has Changed?

House Bill 6291 is another law that changed in 2017. This change in the law prohibits a juvenile from being committed to the Department of Juvenile Justice for certain controlled substance violations unless it is his or her third or subsequent judicial finding of a probation violation.

Another goal of this bill is to change the minimum probation period for youths who have been adjudicated delinquent. “We need to approach our criminal justice system with more compassion,” said Illinois Governor Rauner.” It is time the state starts treating our youth who struggle with addiction with various treatment programs instead of sending them to jail.

Do I Still Need a Lawyer?

Even with the changes in the law, it is still important to have dedicated and experienced legal counsel on your side when you have been arrested and charged with a crime. Contact your experienced Rolling Meadows criminal law attorney at the Law Offices of Christopher M. Cosley at 847-394-3200.

Sources:

https://www.riverbender.com/articles/details/rauner-signs-bills-to-further-reforms-to-illinois-criminal-justice-system-14779.cfm#.WP_EqtLytqM

http://www.chicagotribune.com/news/local/politics/ct-illinois-juvenile-justice-new-laws-met-20151230-story.html

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