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Archive for the ‘Rolling Meadows defense attorney’ tag

Is Breaking into a Car Burglary?

February 19th, 2019 at 5:37 pm

Illinois defense lawyerTwo individuals were recently arrested for multiple burglary charges in the area of 95th Street and Book Road in the Northwest Side. Naperville police say the pair first burglarized a home and then continued to steal from multiple vehicles. Both are facing felony charges, and it raises the question of whether or not vehicle burglary is a felony, or if these charges pertain only to the home they are suspected of breaking into.

Burglary and Illinois Law

According to 720 ILCS 5/19-1, burglary is defined as when a person without permission enters a “building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof with the intent to commit a felony or theft.”

The same statute also states that any violation of this law is considered a Class 3 felony. Under this law, if convicted, the two individuals mentioned above will face felony charges, possibly one for each vehicle entered.

The law does not distinguish locked vehicles from unlocked vehicles. This means even if there was no actual “breaking” into the vehicle, a person could still face vehicle burglary charges. However, the prosecution would have to prove that the defendant broke into the vehicle with the intention to steal or commit a felony.

Criminal Trespass to a Vehicle

A charge that is often associated with vehicle burglary is criminal trespass to a vehicle, outlined in 720 ILCS 5/21-2. Under this law, anyone that enters into a vehicle and operates it is also guilty of a crime. This law includes any type of vehicle including aircraft, watercraft, and snowmobiles.

This law is not part of Illinois’ burglary laws but instead, the state’s trespassing laws. Although still against the law, this crime is considered a Class A misdemeanor, which is a much lesser charge than the felony charge individuals will face with burglary charges.

Defenses to Vehicle Burglary

Many of the defenses used in burglary cases could also apply to vehicle burglary cases. For example, if an individual had permission to enter the vehicle, or even thought they had permission to enter it, they could be found innocent of vehicle burglary.

A person can very easily enter into a vehicle thinking it was theirs. This is one defense that is used often in vehicle burglary cases, but not in cases involving other types of burglary. Many people drive the same make and model of car, and if a person believes the car to be their own, they may mistakenly get in. This would not constitute vehicle burglary.

Call a Rolling Meadows Vehicle Burglary Lawyer that Can Help

Facing any type of burglary charges can be very stressful and traumatic. Felony charges are very serious and can result in high fines and several years in prison if convicted. However, a dedicated Rolling Meadows criminal defense attorney can help get charges dropped or reduced to a lesser charge. If you have been charged with burglary or vehicle burglary, contact the Law Offices of Christopher M. Cosley at 847-394-3200. We will review your case with you and discuss the many options you may have for a defense. We offer a free initial consultation so do not wait another minute. Let us start fighting for your freedom today.

 

Sources:

https://chicago.suntimes.com/crime/2-chicagoans-charged-with-naperville-residential-vehicle-burglaries/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

Understanding the Sex Offender Registry Laws in Illinois

February 5th, 2019 at 7:22 pm

sex-offenderBeing convicted of a sex offense in Illinois carries with it several consequences. A person may be sentenced to jail time, high fines, and will most certainly be required to register as a sex offender. The laws pertaining to sex offender registration in Illinois are complicated. They are also very harsh. In fact, a person may be required to register as a sex offender even when they do not have any convictions for a sexual offense. Due to the complexity of these laws, there are many misunderstandings surrounding them.

The information below will explain the most important aspects of the sex offender registration laws within the state. While this information is comprehensive, anyone accused of a sex offense should still contact an attorney that can review their case in more detail.

Crimes Requiring a Person to Register as a Sex Offender

The full list of crimes that require someone to register as a sex offender are fully outlined in the Sex Offender Registration Act. These crimes include everything from child pornography to criminal sexual abuse and more. However, other criminal convictions can also result in a person being required to register as a sex offender. For example, if a person is convicted of murder in the first degree, upon their release from prison, they are also required to register on the sex offender registry.

Other individuals that may be required to register as a sex offender include:

  • Anyone not convicted of a sex offense because they used the defense of insanity;
  • Anyone tried for a sex offense and not acquitted;
  • Any offense committed by a juvenile that would require; registration if the juvenile was an adult; and
  • Any person determined to be a sexual predator.

Length of Time Required to be Registered

After being convicted of a sex offense, a person must register every year for ten years. Any time a person moves into a new municipality, they must register again within three days of the move, or within one year of their last registration. This timeframe begins either after a person is released from prison, or immediately after receiving a sentence of probation.

Failing to register with the registry is also a crime. When a person commits this crime, that annual timeframe changes to once every three months. This timeframe will remain for the rest of the registration period. In addition, once a person fails to register, another ten years may be added to the time they are required to be registered.

The annual timeframe is also reduced in the case of someone that has been convicted of murder in the first degree, or that has been deemed a sexual predator by the courts. In these cases, a person must re-register every three months for the rest of their life.

Process of Registering on the Sex Offender Registry

Anyone required to register on the sex offender registry can do so with the Rolling Meadows Police Department, or the police department in the municipality in which they live. In order to properly register, they must bring:

  • A current picture of themselves;
  • Current address, place of employment, and all phone numbers, including the phone number of any employers;
  • License plate numbers of any vehicles they drive;
  • Names of any school they have attended;
  • Any and all identities used online, including Twitter handles and profiles on social media networks;
  • Any URLs they use;
  • The address of any website or blogs they own;
  • Previous extensions given to the accused to register as a sex offender, including the date and circumstances surrounding that extension;
  • Copy of their parole or prison release, including the terms and conditions associated with it;
  • All information pertaining to the offense for which registration is required; and
  • Any permanent and unique marks, such as tattoos or birthmarks, on their body.

Restrictions for Those on the Sex Offender Registry

Once a person is registered on the sex offender registry, they will have several restrictions placed on them. They cannot be within 500 feet of school property, they cannot be in a public park, and anyone convicted of a sex offense after 2010 cannot use any social media sites while on probation, parole, or mandatory supervised release.

When certain conditions are met, those with children in a school may be on school property. Those on the sex offender registry also have no restrictions placed on them in regards to living with children. They must, however, report to the police if they are living with a child that is under 18 years of age and that is not their own child.

Rolling Meadows Sex Crime Lawyer Can Help Individuals Avoid the Registry

Appearing on the state’s sex offender registry can have severe consequences. Not only are there many requirements and restrictions, it can also greatly damage a person’s reputation and their ability to gain employment, housing, or an education. The best way to avoid being placed on the sex offender registry is to not be convicted of a sex offense, or any other offense that may require registration. A skilled Rolling Meadows criminal defense attorney can help those accused beat these charges, so they do not suffer the consequences of the sex offender registry and more. If you have been convicted of a sex offense or any other crime, contact the Law Offices of Christopher M. Cosley at 847-394-3200. We will help build a solid defense for anyone charged with a crime in order to get the charges dropped or reduced. Call us today for your free consultation.

 

Source:

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

 

Can You Refuse Field Sobriety Tests in Rolling Meadows?

January 25th, 2019 at 10:28 pm

IL defense lawyerLike every other state, in Illinois, it is illegal to drive with a blood alcohol content higher than 0.08 percent. Those found guilty of doing so will be charged with driving under the influence, or DUI. There are a few steps law enforcement take before making an arrest, though. One of those is to administer field sobriety tests. Many individuals, whether they have been charged with a DUI, or they think they are about to be, wonder if these tests are mandatory. So, can you refuse field sobriety tests in Rolling Meadows?

What Are Field Sobriety Tests?

Field sobriety tests are one tool used by law enforcement when they suspect someone is driving under the influence. While there are many field sobriety tests a police officer may ask the driver to undergo, there are generally three main ones.

The Horizontal Nystagmus Test (HGN) will involve the officer holding up an object. They will then ask the driver to follow that object with their eyes as the officer moves it from left to right. The officer will then look for when the pupil begins to exhibit ‘nystagmus’, or an involuntary jerking of the eye.

Another field sobriety test is the walk and turn test. During this test, the driver will be asked to take a number of steps, turn around using just one foot, and walk back in the direction from which they came. This test is mainly done so that the officer can observe the balance and coordination of the driver.

Lastly, the third main field sobriety test is the one leg stand test. In this test, the officer will ask the driver to stand with one foot approximately six inches off the ground. The driver will also be asked to count aloud by thousands. This test is also administered to determine the coordination and balance of the driver.

Can a Driver Refuse Field Sobriety Tests?

Any field sobriety test can be refused. However, that does not mean the driver will simply be sent on their way. Instead, they will likely be arrested. If an officer asks a driver to perform a field sobriety test, they already have the intent to arrest the driver for a DUI. They are simply trying to collect more evidence against the driver for when the case goes to court.

Still, drivers are always recommended to refuse to take field sobriety tests. While it will still likely end with an arrest, by refusing they are not providing additional evidence for the police and prosecution in the case.

Contact a Rolling Meadows Criminal Defense Lawyer for Help

Even if you have submitted to field sobriety tests and been arrested for a DUI, it is crucial that you contact a skilled Rolling Meadows criminal defense lawyer that can help. An experienced attorney can refute the accuracy of the tests, as well as discredit the officer’s testimony in court. If you have been arrested for a DUI, you need the best defense possible. Call us today at 847-394-3200 to get a free consultation. We will start reviewing your case right away, and prepare a defense to give you the best possible chance at a successful outcome.

 

Source:

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

Defenses to Disorderly Conduct

January 22nd, 2019 at 10:23 pm

Disorderly conductIL defense lawyer can seem like a minor crime, and the circumstances leading up to it can seem quite innocent as well. If convicted though, an individual can face harsh penalties, including jail time. It is for this reason that anyone charged with disorderly conduct needs to speak to a criminal defense lawyer in Rolling Meadows as soon as possible. There are defenses available, and an attorney will use them to give defendants the best chance of having the charges dropped or reduced.

Disorderly Conduct in Illinois

The Illinois Statute pertaining to disorderly conduct is found at 720 ILCS 5/26-1. It outlines a number of behaviors that are considered disorderly conduct. These include:

  • Breaching the peace;
  • False fire alarms;
  • Reporting a false bomb threat;
  • Threats of violence or destruction in a school or on school property;
  • Falsely reporting a crime;
  • Phoning 911 without reason;
  • Falsely reporting to the Department of Children and Family Services;
  • Falsely reporting a nursing home, mental home, or other facility for abuse or neglect;
  • Requesting an ambulance when one was not needed;
  • Falsely reporting violence;
  • Invasions of privacy/‘Peeping Tom’; and
  • Harassment by a collection agency.

The penalties sentenced for disorderly conduct will vary, depending on the specific crime that was committed. However, all those convicted will be required to perform between 30 and 120 hours of community service.

Defenses to Disorderly Conduct

For those charged with disorderly conduct, having a solid defense is critical. Even when there is no jail time sentenced, students can lose scholarships and those convicted will have a permanent criminal record. Fortunately, there are several defenses available.

The First Amendment guarantees a person’s right to speak freely. As long as the speech was not obscene, defamation, perjury, fighting words, or any other type of illegal speech, speech is generally protected. This is often used as a defense to disorderly conduct.

If there was no disruption of peace, there is often no disorderly conduct. When someone acts peacefully and legally, they cannot be charged or convicted of disorderly conduct. Even boisterous actions may not be considered disorderly conduct as long as the person charged was not disrupting or interfering with anyone else.

Private property is also often protected by the law. Legally speaking, disorderly conduct generally requires for the actions to be taken in a public place. When a person is on private property and acting in a legal manner, even if that manner is boisterous, they cannot be charged with disorderly conduct.

Contact a Criminal Defense Attorney in Rolling Meadows

Disorderly conduct may not sound like a serious crime, but the penalties can be harsh. Those convicted may even face up to one year in jail. If you have been charged with disorderly conduct, it is important that you speak to a skilled Rolling Meadows disorderly conduct lawyer as soon as possible. An attorney can help you build a defense that can get the charges dropped so you can move on with your life. Do not wait another minute. Contact the Law Offices of Christopher M. Cosley today at (847) 394-3200 for a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=73600000&SeqEnd=74600000

 

What Is 410 Probation in Illinois?

January 15th, 2019 at 10:07 pm

IL defense lawyerAccording to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

  • 15 grams or more of LSD, morphine, heroin, or cocaine;
  • 30 grams of more of pentazocine, ketamine, or methaqualone; or
  • 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

410 Probation

In order to be eligible for 410 Probation, individuals must meet certain requirements. One of these is that the individual cannot have any previous drug charges, including those involving cannabis. They also could not have been placed on probation in the past.

In order to accept the probation, individuals must plead guilty to the drug charge. After the guilty plea is accepted, a judge will place the individual on probation instead of entering a judgment.

While on probation, the individual will have a number of conditions that must be met. These include:

  • No weapon possession while on probation;
  • No criminal violations;
  • Random drug testing;
  • 30 hours of community service;
  • Possible fines;
  • Possible rehabilitation; and
  • Continued court appearances throughout the probation time.

Once the probation has been completed successfully and the individual has met all the conditions, the court will then dismiss the charge.

The biggest benefit of 410 Probation is that it allows individuals to avoid prison time. Due to the charge being dismissed from their record after probation is completed, the charge will also be cleared from the individual’s public record.

If a background check is done by future employers or landlords, the record will show that the individual was charged with a felony drug charge, but that the charges were dismissed. After five years, individuals that have successfully completed 410 Probation can petition the court to have their record sealed.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

While 410 Probation has many advantages for those facing first-time felony drug charges, the program also has some drawbacks. For example, if an individual violates the conditions of their probation, they will not be able to contest the charge in court because they have already pled guilty. In addition, if the court determines the individual has a significant drug problem, they may also deny the possibility of probation.

If you have been charged with a felony drug charge, contact a skilled Rolling Meadows criminal defense lawyer that can help. We can review your case and determine whether or not 410 Probation is a possibility, and if it is in the best interest of the accused individual. Call us today at 847-394-3200 for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K410

Are Tenants that Refuse to Leave Criminally Trespassing?

January 11th, 2019 at 9:58 pm

IL defense lawyerBeing a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?

Illinois Statute 720 ILCS 5/21-3

The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.

This sounds like it would cover a situation in which a tenant will not leave after being evicted, or asked to leave, by their landlord. However, it does not. The statute has some exceptions.

One of these is when the person being asked to leave is living on the land. Furthermore, anyone invited onto the land by the tenant that will not leave is also not considered to be criminally trespassing, even if the owner has asked them to vacate the premises. For these reasons, a person is most often charged with criminal trespassing when they have unlawfully entered, or refused to leave, a business or public area, not when they are in their home.

In the case of a person criminally trespassing, the property owner has to phone the police and have the person arrested. Police cannot simply show up and arrest tenants that refuse to leave. If they did so, they could be held liable for unlawfully evicting a person from their home.

Illinois Code of Civil Procedure

This does not mean that landlords do not have any options when it comes to removing unwanted tenants. It simply means that they must follow the civil, not criminal, procedures outlined in the Eviction Act. According to Illinois statute 735 ILCS 5/9-209, a landlord can notify a tenant of eviction if the tenant has not paid rent five days after it was due.

Of course, it is more time-consuming to follow the requirements set out in the Act. It is though, the only legal recourse a landlord has. The process of eviction in Rolling Meadows also is not one that takes as long as many people think. From the time notice is provided by the landlord to the time the eviction is final takes approximately one month.

Contact a Rolling Meadows Criminal Defense Lawyer that Can Help

The idea of criminal trespassing, and all it encompasses, can become confusing. This charge is not always appropriate simply because someone is on someone else’s property, even if they have been asked to leave. For this reason, people are sometimes charged with criminal trespassing when they are not guilty of the crime.

If you have been charged with criminal trespassing, do not try to fight the charges on your own. Contact a skilled Rolling Meadows criminal defense attorney that can help. The penalties for criminal trespassing if convicted can include up to one year in jail, in addition to the permanent mark on your criminal record. Our office offers a free consultation so call us today at 847-394-3200 so we can start reviewing your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K9-209

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-3

 

What Is Aggravated Speeding in Rolling Meadows?

January 8th, 2019 at 9:54 pm

IL defense lawyerFor most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.

What Is Aggravated Speeding?

According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.

Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.

Penalties for Aggravated Speeding

When a driver is charged with aggravated speeding, the penalties are much more severe than simply being charged with lesser speeding offenses. In most cases, the driver will have their driver’s license suspended temporarily. In the worst case scenarios, a driver can actually have their license revoked, which means they are permanently prohibited from driving in the state.

Fines and jail time are also real possibilities when a person has been charged with aggravated speeding. Fines can be up to $2,500, in addition to court costs, and a person may be sentenced to spend up to one year in jail.

Court Supervision for Aggravated Speeding Charges

Court supervision is a more desirable penalty for aggravated speeding. Whether or not court supervision is sentenced will be left to the judge’s discretion.

Court supervision requires a person charged with a crime to comply with certain conditions that the judge will specify. These can include community service, attending traffic school, reporting to the court or other person designated by the court, or more. Illinois statute 730 ILCS 5/5-6-3.1 outlines the full definition and requirements of court supervision within the state.

Court supervision will typically last up to two years. When determining whether or not court supervision is an option, a judge will likely determine whether or not someone is likely to re-offend, if the accused is a threat to the public, and will deem whether or not court supervision is a preferred penalty over other possibilities.

Court supervision can be considered a deferred dismissal of the charge. Upon adequate completion, all of the charges will be dismissed and it will not result in a conviction.

Get the Help You Need from a Rolling Meadows Criminal Defense Lawyer

Aggravated speeding is considered to be a very serious crime in Rolling Meadows. If convicted, one could face serious penalties such as spending up to one year in jail. While a judge may offer court supervision as a penalty, it is not a guarantee.

If you have been charged with aggravated speeding, contact a dedicated Rolling Meadows criminal defense lawyer as soon as possible at 847-394-3200 for a free consultation. An attorney will fight for your rights in court and is your best chance at having the charges dismissed, or being sentenced to court supervision. Aggravated speeding is a serious charge and one you certainly do not want to fight on your own.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/062500050K11-601.5.htm

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

Aggravated Battery of a Child

December 28th, 2018 at 2:22 pm

IL defense attorneyThe death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.

Aggravated Battery of a Child Is a Felony

Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:

  • Knowingly causing serious bodily injury, disfigurement, or disability; or
  • Knowingly causing bodily harm, disfigurement, or disability;

And:

  • The act of injury the child was unjustified;
  • The defendant is 18 years of age or older; and
  • The victim is under 13 years old.

Aggravated battery of a child is a Class X felony in Illinois, which carries a prison sentence of six to 30 years. However, additional years may be applied in the following circumstances:

  • If the defendant was armed with a firearm while committing the crime, 15 additional years can be added to the sentence for a total of 45 maximum years;
  • If the defendant fired a gun while committing the crime, 20 additional years can be added to the sentence for a total of 50 maximum years behind bars; and
  • If the defendant fired a gun and caused great bodily harm, disability, death, or permanent disfigurement to anyone, 25 additional years can be added to the sentence for a total maximum of 55 years in prison.

Aggravated Battery of an Unborn Child

Aggravated battery of an unborn child is a Class 2 felony under Illinois 720 ILCS 5/12-3.1(a-5). If a fetus is injured, disabled, or disfigured due to the battery of the mother, this offense can be added to the offense against the mother. Often it is a more serious crime to cause injury to an unborn fetus than it is to cause harm to another person. However, committing aggravated battery to a pregnant woman is also a Class 2 felony, punishable by three to seven years. As such, it is not uncommon for a defendant who has caused injuries to an unborn child to be charged with two Class 2 felonies, totaling 14 years, and more for an extended term.

Contact a Cook County Attorney for Help Today

Whether you are charged with battery, aggravated domestic battery, battery to a child, or any other crime of violence, you need to contact a Cook County attorney. Call the dedicated Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley at 847-394-3200 to schedule a free consultation.

 

Source:

https://www.bnd.com/news/local/crime/article222258500.html

Crimes Against Undocumented Immigrants

December 26th, 2018 at 2:20 pm

IL defense lawyerWith all of the political talk about illegal immigrants coming into the country who may be criminals, it brings another question to mind: what rights do illegal immigrants have when it comes to being protected by the law? Are crimes against illegal immigrants punishable, and if so, are perpetrators penalized to the same extent that they would be had the victim been a U.S. citizen?

Undocumented Immigrants and Workers Fear Retaliation

The National Immigration Project reports that immigrant victims are in fear of “reporting violent crimes and labor violations to law enforcement and working with the criminal justice system will expose them to deportation.” These victims also fear that they will be separated from their children and banished from the U.S. permanently if they do seek traditional victim support systems through law enforcement.

Senate Bill 34 VOICES Act Now Law

Senate Bill 34, the Voices of Immigrant Communities Empowering Survivors (the VOICES Act), is now law after the Illinois Senate and House both passed over Governor Bruce Rauner’s veto. The law states that police must investigate complaints of abuse and assault in a timely manner when the victim or alleged victim is an undocumented immigrant. By filing a report, immigrants can use them to work towards citizenship and visas. Opponents of the law argue that some undocumented immigrants will report crimes simply to further their chances of receiving citizenship. On the other side, proponents argue that undocumented immigrants and workers suffer fear of retaliation from their employers and fear of being deported if they speak up about a crime that was committed against them or a crime that they witnessed happen to another person and that this law will help remedy those fears.

What if I Have Been Charged with a Crime Against an Immigrant?

The most common crimes committed against undocumented workers include the following:

  • Human trafficking;
  • Robbery and theft;
  • Assault;
  • Sexual assault;
  • Battery;
  • Domestic violence; and
  • Workplace crimes.

If you have been accused of committing any of these offenses, you need to speak with an attorney. In some rare cases, alleged offenders are charged with hate crimes if there is evidence that the offense was committed because of the victim’s race or national origin. A hate crime can add potential serious jail or prison time to any offense that you are charged with.

Call a Cook County Criminal Defense Lawyer Today

Crimes against undocumented immigrants are treated just as severely as crimes committed against U.S. citizens. As such, it is dangerous to enter the mindset that the allegations made against you are not serious. Make no mistake, you need to contact an experienced Rolling Meadows criminal defense attorney immediately. Call 847-394-3200 to reach the Law Offices of Christopher M. Cosley today to schedule a free consultation.

 

Sources:

http://rockrivertimes.com/2018/11/28/illinois-house-overrides-voices-act-veto/

https://www.nationalimmigrationproject.org/victims.html

 

Police Brutality

December 21st, 2018 at 2:21 pm

IL defense attorneyMost law enforcement officers conduct themselves professionally and treat those who they are arresting with as much respect as possible. Unfortunately, this is not always the case. Police brutality affects people of all demographics, though minorities are disproportionately the victims of unnecessary police violence. Dr. Martin Luther King Jr. was hit more than 50 times by police batons, and the police who administered the beating were acquitted. A black undercover police officer himself fell victim to police violence when he was disguised as a protester — his duty being to monitor illegal acts within the crowd to make arrests later — during a St. Louis demonstration in 2017.

Residents had taken to the streets in a planned protest over the acquittal of a police officer who shot and killed an unarmed black man, then planted a weapon on him after he was dead. The undercover officer, who was wearing a shirt that revealed his waistband — indicating that he was not armed — was beaten with batons for no reason by three police officers. Earlier text messages between the officers revealed that they had planned on carrying out such beatings. When they discovered that the man they had chosen to beat with riot batons was an undercover cop, they destroyed his phone, tried to contact witnesses to influence their testimony, and lied to a federal grand jury. The officers are facing four offenses, one of which carries a maximum 10-year prison sentence, while the other three crimes carry sentences of 20 years each.

Were You the Victim of Police Brutality?

In situations where you were arrested without probable cause or police used unnecessary violence to subdue and handcuff you, your civil rights were violated. In such scenarios, you stand a good chance to have the charges placed against you dropped, depending on what those were for. It all depends on what you were arrested for. In many cases of police brutality, law enforcement was simply carrying out a routine traffic stop, was performing a stop and frisk, or was trying to disperse a crowd during a protest. In such instances in which you, both the defendant and the victim, were not arrested for a crime of violence, charges may be dropped if there is enough evidence to support your claims of police brutality. A Cook County criminal defense lawyer can help you compile evidence to submit a compelling case that police brutality did occur. Cell phone footage, police body cameras, surveillance cameras, and witnesses can all be used to prove the truth.

Contact a Cook County Criminal Defense Attorney Today

Illinois has a long history of police brutality, just like every other state in the country. For justice and to clear your name of wrongdoing, you need to work with an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

https://www.cnn.com/2018/11/30/us/st-louis-officers-undercover-assault/index.html

https://www.smithsonianmag.com/smithsonian-institution/long-painful-history-police-brutality-in-the-us-180964098/

 

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