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Archive for the ‘Rolling Meadows defense attorney’ tag

Violating the Open Meeting Act

December 7th, 2018 at 11:19 pm

IL defense attorneyThe university president and board of trustees to Western Illinois University are currently under investigation for violating the Open Meeting Act, which mandates that all public entities, such as government bodies and public universities, hold meetings in the open for the public’s right of access. The University Professionals of Illinois has requested that the McDonough County State Attorney’s Office pursue a criminal investigation into the president and board’s actions after an audio recording revealed their closed meeting discussion. Among the violations alleged by the University Professionals of Illinois are:

  • Planning illegal closed meetings;
  • Discussing public business in closed meetings;
  • Scripting public meetings;
  • Failure to release closed session meetings; and
  • Circumventing the law with “2 plus 2″ meetings.

Furthermore, the University Professionals of Illinois believes that there were at least 21 closed meetings within the last three years. But what exactly is the Open Meeting Act and how does it apply to those with public positions?

The Purpose of the Open Meeting Act

The Open Meeting Act under statute 5 ILCS 120 has two main objectives. The first is to keep citizens informed about the conduct of public bodies. This is made possible by enforcing open meetings. No public entity can conduct meetings behind closed doors. The second objective is to allow citizens advance notice of public meetings and the right to attend these meetings. The Act is designed to thwart corruption and other actions that would corrode society’s best interests.

What Is a Public Body?

The Open Meeting Act of Illinois covers all “public bodies.” Public bodies include, but are not limited to, the following:

  • Legislative, executive, administrative, and advisory bodies of:
    • The State;
    • Counties;
    • Townships;
    • Cities;
    • Villages;
    • Incorporated towns;
    • School districts; and
    • Other municipal corporations, boards, bureaus, committees, and commissions of the State.

What Are the Consequences of Being Found Guilty of Violating the Open Meeting Act?

While a Class C misdemeanor is the lowest type of criminal offense, it does not come without serious consequences. A Class C misdemeanor involves a fine and a criminal record if the defendant is found guilty. Such a charge will undoubtedly follow a professional or public official throughout the rest of the lives and will surely diminish the future of their career, their social status within their community, and their personal relationships. Moreover, every violation of the Open Meetings Act can be charged as an offense by itself, meaning that if a defendant allegedly violated this law dozens of times, they could be charged with dozens of offenses. Only an experienced Cook County criminal defense attorney can help you navigate these criminal charges.

Contact a Cook County Criminal Attorney Today

Violations of the Open Meeting Act are serious and are pursued with extreme vigor by the prosecution and media. Your career, reputation, and finances are at serious risk if you have been charged with this offense. We urge you to contact dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200 to schedule a free consultation at once.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=84&ChapterID=2

https://wqad.com/2018/11/19/wiu-board-admits-to-breaking-the-law/

 

Four Ways to Avoid Incriminating Yourself After Your Arrest

December 5th, 2018 at 11:24 pm

incriminationWhen you are arrested, your primary objective should be to defend your case to reduce your chance of being convicted as much as possible. Simply being innocent of a crime does not guarantee you will not be convicted. We can estimate the number of Americans who are wrongfully convicted each year, but we cannot know for sure just how many innocent people head to jail and in some cases, die by execution. But we do know that it does happen. Your criminal defense lawyer’s job is to protect you from being convicted. But there are ways you can reduce your chance of being convicted, too. Take some time to educate yourself on ways to avoid self-incrimination.

Choose Not to Talk with Law Enforcement

The Fifth Amendment to the United States Constitution guarantees you the right to avoid self-incrimination. During interactions with law enforcement, you are under no obligation to answer officers’ questions or to even make small talk with them. After you are arrested, tell the police that you do not want to talk to them. Follow that statement by saying that you would like to speak with your attorney. Officers are required to stop questioning you when you request your lawyer.

Retain a Lawyer as Soon as Possible

The sooner you start working with a lawyer, the more effectively he or she can help you defend your case. This is because by retaining a lawyer shortly after your arrest – or if possible, retaining a lawyer before your arrest – gives your lawyer time to coach you through interactions with law enforcement and gather the evidence you will use to support your position in court.

Have Incriminating Statements you Made Thrown Out

When you are interacting with law enforcement, you are scared. You are unsure about the outcome you are facing, and in these moments, it is quite possible that you will make statements that can work against you. Your lawyer can file a motion to suppress certain statements if you were coerced into making them or if you were not read your Miranda Rights. Coercion can happen when you are physically harmed by an officer or otherwise made to feel uncomfortable, such as being denied water.

Keep your Case to Yourself

Whether you have been arrested or not, you should always keep your case’s details to yourself. You can never know who might be asked to provide testimony about your case. The best way to limit the amount of information that can be given in court and potentially used against you, even information that initially seems neutral or like it could work in your benefit, is to keep it between you and your lawyer.

Work with an Experienced Cook County Criminal Defense Lawyer

Start working with an experienced Rolling Meadows criminal defense lawyer as soon as possible after your arrest. To learn more about your rights and how you can avoid incriminating yourself during interactions with law enforcement and the court, schedule your initial legal consultation with our team at the Law Offices of Christopher M. Cosley today. Call us at 847-394-3200.

 

Sources:

https://www.nationalgeographic.com/science/phenomena/2014/04/28/how-many-people-are-wrongly-convicted-researchers-do-the-math/

Counterfeiting Counts as Theft

November 26th, 2018 at 1:48 pm

fraudA Chicago man allegedly scammed potentially dozens of people by selling them counterfeit concert tickets. He was recently caught after he sold a woman two $125 Imagine Dragon tickets on Craigslist, who took the tickets to the concert in June only to learn that they were “very good fakes,” according to the ticket checker. The woman later reported the defendant’s license plates to the police, who discovered that they were the plates of a rental car rented by the defendant’s friend and loaned to him. The defendant, who is under investigation for selling numerous counterfeit concert tickets, has five prior convictions for forgery, counterfeiting, and fraud in Texas and Illinois. A number of charges can be slapped onto those who sell counterfeit tickets.

Forgery Charges for Producing or Possessing a Counterfeit Ticket

Under Illinois statute 720 ILCS 5/17-3, forgery has been committed when a person knowingly commits any of the following:

  • Makes a false document or alters a document that could be used to defraud another;
  • Issues, sells, or otherwise gives such a document to another knowing that it is fake or has been altered;
  • Possess with intent to deliver said document;
  • Unlawfully uses the digital signature of another; or
  • Unlawfully uses the signature of another to create an electronic signature.

Forgery is usually a Class 3 felony, punishable by five to 10 years in prison and a maximum fine of $25,000. It is a Class A misdemeanor to forge an academic degree or coin, punishable by one to three years in prison.

Theft Charges

In addition to any forgery charges that a defendant may face, they may also be charged with theft. Theft occurs when a person unlawfully procures another’s possessions or assets without intent to return them. As such, selling a counterfeit ticket will incur a theft charge. Depending on the amount that the ticket or tickets were sold for, the theft charges may be misdemeanor or felony offenses.

Check Fraud and Counterfeiting Money

There are various forms of check fraud, including kiting checks, passing bad checks, and check floating. Another type of check fraud is using counterfeit or forging checks. This includes forging a signature, changing the amount the check was made to, changing the name of who it was made to, or altering it in any other way. Under Title 18, Section 471 of the United States Code, manufacturing counterfeit money is punishable under federal law by a fine of $5,000 and 15 years in prison. Possessing counterfeit money is punishable by $15,000 and 15 years in prison.

Contact a Cook County Criminal Attorney Today

Any type of counterfeiting or forgery is a serious crime. You may be up against half a dozen charges as well, including theft and fraud. You need to call an attorney at once. Contact the office of dedicated Rolling Meadows forgery attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

https://www.moneyfactory.gov/resources/lawsandregulations.html

https://journaltimes.com/news/local/crime-and-courts/alleged-ticket-scammer-caught-sold-fakes-in-wisconsin-illinois/article_ea5d852c-7d98-5f76-b4ff-57f54521d962.html

Robbery and Aggravated Robbery

November 21st, 2018 at 1:44 pm

robberyA man wearing a Teenage Ninja Turtles mask pulled his car up to the window of a drive-through pharmacy in Shiloh, Illinois and demanded a detailed list of prescription medications. He gave the pharmacist a note with instructions and said that if the pharmacist did not obey, force would be used and that there were other accomplices involved. However, before the man was delivered the medications, he drove off. Since he did not actually take anything, did a robbery occur? The short answer is yes. He can be charged with robbery, but not with theft.

You Do Not Have to Steal Anything in Order to Be Charged with Robbery

The offense of robbery is different than theft in that theft requires that something be unknowingly taken or attempted to be taken from the victim. The value of the property taken determines the level of the crime. Robbery, on the other hand, is a crime of violence and the value of goods taken or attempted to be taken has nothing to do with the level of the crime.

Under Illinois statute 720 ILCS 5/18-1, robbery is defined as knowingly takes property from another by force or threatening to use force. Robbery is punishable in Illinois as a Class 2 felony, which carries a penalty of three to seven years in prison and a maximum fine of $25,000. However, if the victim of the robbery was 60 years or older, is physically disabled, or the robbery occurred in a day care center, part day child care facility, school, day care home, group day care home, or place of worship, it is a Class 1 felony. Class 1 felonies carry a penalty of four to 15 years in prison and a maximum fine of $25,000. Robbery does not apply to motor vehicles; the forceful taking of a motor vehicle (carjacking) is covered under a separate statute.

Aggravated Robbery

If the defendant indicates that they have a dangerous weapon, either verbally or through actions, the crime is upgraded to aggravated robbery, a Class 1 felony. Even if it was found that the defendant was not being truthful at the time and had no dangerous weapon, they have still committed aggravated robbery. A dangerous weapon includes a firearm, knife, bat, ax, bludgeon, or anything that could cause serious bodily harm or death. Additionally, robbery has been committed if the defendant drugged the victim without their consent in order to rob them.

Armed Robbery

Using any dangerous weapon during a robbery is considered armed robbery. Under statute 720 ILCS 5/18-1, armed robbery is a Class X felony, punishable by six to 30 years in prison.

Contact a Cook County Criminal Defense Attorney for Help

Whether you are facing charges of theft, robbery, aggravated robbery, or armed robbery, you need to talk to a lawyer immediately. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

https://www.ksdk.com/article/news/crime/ninja-turtle-mask-wearing-man-tries-to-rob-illinois-walgreens/63-613006809

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

Voluntary Manslaughter Charges in Illinois

November 14th, 2018 at 9:10 pm

IL defense lawyerVoluntary manslaughter is the intentional killing of an unborn child or acting in a way that would cause harm or death to an unborn child. It is not to be confused with involuntary manslaughter, which is the unintentional killing of another person, not a fetus. Voluntary manslaughter in Illinois was formerly one and the same as second-degree murder: the intentional killing of another person on-the-spot or in the heat of passion (meaning that the killing was not premeditated). However, the law currently recognizes this type of homicide simply as second-degree murder, not voluntary homicide. Today’s law is such that voluntary manslaughter is only charged when the victim is an unborn child. It is akin to second-degree murder of an unborn child, a very serious crime.

Definition of Voluntary Manslaughter

As per Illinois 720 ILCS 5/9-2.1, voluntary manslaughter is:

  • Causing the death of an unborn child by acting “under a sudden and intense passion resulting from serious provocation” by another person whom the defendant tries to kill, but in so doing the defendant “negligently or accidentally causes the death of the unborn child”; or
  • Intentionally or knowingly causing the death of an unborn child.

Example of Voluntary Manslaughter Vs. Involuntary Manslaughter

A Schaumburg, Illinois man killed a mother of four, who was 12 weeks pregnant when he crushed her between his pickup truck and her vehicle, which was stalled and was being pushed along the side of the road, as reported by the Daily Herald. A dashboard camera showed the man throwing a vodka bottle into the woods after he hit and killed the woman and refused a breath test. As such, he was charged with driving under the influence and causing the death of the woman, an offense that is punishable by up to 14 years (more if there are other aggravating factors such as the crash occurring in a construction zone). The offense he committed was involuntary manslaughter of the mother. He was not additionally charged with voluntary manslaughter for killing the fetus because he was most likely unaware that the woman was pregnant.

In another case, a Peoria, Illinois man was convicted of voluntary manslaughter when he allegedly body slammed his girlfriend during an argument, causing the death of her unborn child. He was also charged with domestic battery, aggravated battery, and aggravated domestic battery. He was charged with voluntary manslaughter because he acted in a manner that would cause a strong probability of harm or death to the fetus.

A Rolling Meadows Criminal Defense Lawyer Can Help

Any type of homicide or crime that causes harm or death to a child or unborn child is extremely serious. If you have been charged with voluntary manslaughter or another crime of violence, contact dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.pjstar.com/news/20180308/peorian-convicted-of-killing-girlfriends-unborn-child

http://www.ilga.gov/legislation/ilcs/documents/072000050K9-2.1.htm

https://www.dailyherald.com/news/20181010/schaumburg-man-charged-with-dui-in-crash-that-killed-pregnant-mother-of-four

Involuntary Manslaughter in Illinois

November 12th, 2018 at 8:33 am

Illinios defense lawyerInvoluntary manslaughter is a classification of homicide, which is the unlawful killing of another person. While first- and second-degree murder involves the intentional killing of a person, involuntary manslaughter can be thought of as an unintentional type of killing. Make no mistake; involuntary manslaughter is a serious crime, and the penalties you may be sentenced with can be harsh.

Penalties for Involuntary Manslaughter

Under Illinois 720 ILCS 5/9-3, involuntary manslaughter is the unintentional and unjustified killing of an individual when the defendant’s acts, either lawful or unlawful, are likely to cause death or serious bodily injury to another. As such, when a person performs dangerous reckless actions that result in the death of another, that person will be charged with involuntary manslaughter, unless they were operating a vehicle. As a Class 3 felony, involuntary manslaughter is punishable by up to five years in prison. Examples of actions that could lead to involuntary manslaughter include:

  • Fist fights. A Toledo, Illinois man was recently charged with involuntary manslaughter after kicking his neighbor in the head;
  • Letting a toddler play outside on the street unsupervised;
  • Shooting a firearm or storing a firearm in a reckless manner; and
  • Throwing or dropping rocks from a bridge or overpass.

Reckless Homicide or Vehicular Manslaughter

When the driver of a motor vehicle, all-terrain vehicle, watercraft, or snowmobile causes the death of another due to reckless driving or operation of their vehicle, they will be charged with reckless homicide, more commonly referred to as vehicular manslaughter. Reckless homicide is also a Class 3 felony, and may also involve having your license suspended or revoked. If the defendant was driving under the influence of alcohol, even with a blood alcohol content under 0.08, they may still be charged with reckless homicide if they cause the death of another because it is presumed that alcohol played a factor in their impaired driving and decision making.

In fact, if the driver was intoxicated, it is more likely that they will be charged with a Class 2 felony instead of a Class 3 felony. A Class 2 felony carries a penalty of up to seven years in prison, although, for a DUI reckless homicide, defendants often face penalties of up to 14 years, and even up to 28 years behind bars. Drivers who are charged with vehicular manslaughter without any DUI implications can also face increased prison sentences if there were aggravating factors, such as causing the death in a school zone or construction zone.

An Involuntary Manslaughter Defense Attorney Is Here For Your Assistance Today

Whether you have been charged with reckless homicide, involuntary manslaughter, second-degree murder, or first-degree murder, attorney Christopher M. Cosley is here to help. Call a dedicated Rolling Meadows criminal defense attorney at our office today at 847-394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://jg-tc.com/news/local/manslaughter-charged-filed-in-case-of-toledo-man-s-death/article_a1aa90f9-c042-57a7-9340-a5f4019e5256.html

 

Traffic Fatalities on the Rise in Illinois

November 7th, 2018 at 8:29 am

Illinois defense attorneyTraffic fatalities and collisions involving serious bodily injury are on the rise in Illinois and have been for the past few years, according to WTTW Public News. To be sure, 2016 was deadlier than 2015; 2017 was deadlier than 2016; and, it looks like 2018 will be deadlier than 2017, as preliminary data from the Illinois Department of Transportation shows with still over two months to go until the final numbers are in. What does this mean for drivers who have been cited with moving violations and those who have been charged with causing bodily injury or death? Because Illinois, like most states, is seeing a rise in traffic collisions, prosecutors are more likely to bring the heaviest penalties possible on those who have allegedly violated the law. Some of the most serious Illinois traffic violations include the following:

Reckless Homicide—Drivers who cause the death of another while driving in a reckless manner or in a way that is likely to cause bodily injury or death will be charged with reckless homicide. Depending on the circumstances of the collision, defendants charged with reckless homicide can be sentenced to a maximum of 28 years in prison.

Leaving the Scene of a Crash—Under Illinois 625 ILCS 5/11-401, it is a Class 4 felony (punishable by up to three years in prison and a fine of $25,000) to leave the scene of a crash that you are involved in if the other driver was injured or killed. If the driver was killed, the defendant will also likely be charged with reckless homicide.

DUI—Driving under the influence of alcohol or controlled substances is a serious crime. Depending on how many DUIs a driver has on their record, their level of intoxication, aggravating factors, and other characteristics of the incident, a DUI can be charged as a misdemeanor with up to a year in jail, or as a felony with many years in state prison.

Reckless Driving—Reckless driving, such as going 35 miles per hour over the speed limit or getting airborne, is usually charged as a Class A misdemeanor crime, which involves a potential jail sentence, serious fine, and revoked driver’s license. However, if serious bodily injury occurs or a child or crossing guard is injured, the offense is increased to aggravated reckless driving, a Class 4 felony. Careless driving causing serious bodily injury is also a serious traffic offense in Illinois, punishable as a misdemeanor.

Contact a Rolling Meadows Attorney To Keep Out of Jail

Many people charged with moving violations believe that they will be suffer nothing more than a slap on the wrist. If you do not work with an attorney, this could not be farther from the truth. You are likely facing serious fines, points on your driver’s license, and potentially jail or prison time. We urge you to call skilled Rolling Meadows criminal defense attorney Christopher M. Cosley at 847-394-3200 for legal representation today.

 

Sources:

https://news.wttw.com/2017/08/24/traffic-fatalities-illinois-rise-2017

http://apps.dot.illinois.gov/fatalcrash/snapshot.html

Inaccuracies of Surveillance Cameras

November 5th, 2018 at 1:16 pm

cameraA suspect thought to be targeting and shooting random people in Loyola Park near Chicago is believed to live in the area after a surveillance camera spotted him walking down the street masked in black. Police believe that the man who has killed two people in the past two days has a distinctive way of walking and running, as the video surveillance points out. Police say that he walks with his feet pointing outwards, or duck-footed. While video does show the distinctive characteristic, the problem with relying heavily on this type of information is that it could lead to the arrest of the wrong person. Many people walk with their feet pointed outwards, and because the suspect’s face is fully covered, no other characteristics are visible other than his gait. Surveillance footage is typically grainy, the suspect in the footage may be in the background or partially out of the frame, and the angle of the camera may cause distortions or irregularities. On top of this, surveillance footage is often overly relied upon by jurors and is sometimes considered foolproof evidence that the defendant committed the crime.

Surveillance Cameras and Retail Theft Charges

Surveillance cameras are everywhere in stores. From department stores, grocery stores, and restaurants, chances are that every customer is being watched by a camera at any one time. Cameras are often placed even in dressing rooms, with one purpose being to monitor customers’ buying habits so to better advertise to them, in addition to keeping tabs on potential theft. However, camera quality varies widely. Some cameras are hidden and use high definition and software to recognize faces, while others are simply the standard grainy cameras typically spotted mounted on the ceiling. While retail and convenience stores are known to use cameras, virtually all establishments from restaurants and health clubs to bowling allies and bars do too.

Parking Lots, Public Streets, Parks, and Other Places

Chicago is the third most watched city in the world when it comes to surveillance cameras.  Chicago is only behind Beijing and London in terms of the number of surveillance cameras. A Georgetown University law professor who studies surveillance technology suggested that the general mindset of the public regarding surveillance cameras set up throughout cities on virtually every block is that individuals who are not willing to submit to this type of surveillance must be doing something illegal. Unless the defendant has a highly experienced criminal defense attorney, a jury can easily be convinced that a defendant is guilty of a crime:

  • Simply because they were caught on camera in proximity to the crime location; or
  • Because the defendant looks vaguely like the person committing the crime on camera.

Contact  Rolling Meadows Attorney

If you have been arrested for retail theft or for any other crime, contact dedicated Rolling Meadows criminal defense attorneys Christopher M. Cosley today at 847-394-3200. The presence of surveillance camera footage is not a dead end for your case.

 

Sources:

https://abc7chicago.com/video-released-of-masked-suspect-in-rogers-park-shootings/4401888/

https://vintechnology.com/2011/05/04/top-5-cities-with-the-largest-surveillance-camera-networks/

https://www.npr.org/sections/alltechconsidered/2013/06/20/191603369/The-Business-Of-Surveillance-Cameras

The Wrongs to Children Act

October 31st, 2018 at 10:10 am

abuseChild labor laws have come a long way since the beginning of the 20th century, when millions of children throughout the U.S. worked in factories, in plants, and on the street. According to the Bureau of Labor Statistics, one out of eight children was employed in 1870. By 1900, one out of five children was employed. Nowadays, it is rare that a child under 15 years of age is employed, aside from farm work or normal chores.

Why Do We Need Child Labor Laws?

In the past, U.S. children were taken advantage of as “employees.” They were abused physically and emotionally, they were not given fair wages, their working conditions were atrocious, and most importantly of all, they were not allowed to be children. A child with a 10 or 12 hour work day, which was not uncommon in the early 1900s, would, of course, have no time or energy to devote to education, play, rest, or happiness. Child labor is still a large problem in third world countries, with one in four children between the ages of five and 17 working in sub-Saharan Africa, according to UNICEF.

Child Labor Laws in Illinois

The Fair Labor Standards Act of 1938 was the first groundbreaking piece of legislation that took aim at child labor. In the years since, other federal and state laws have been enacted. The Illinois Wrongs to Children Act, statute 720 ILCS 150, was created in 1961 to continue strengthening child labor laws. The Act makes it illegal to take, receive, hire, employ, use, exhibit, or have in custody any child under 14 years old for the purpose of:

  • Begging;
  • Dancing;
  • Peddling;
  • Doing acrobatics, gymnastics; or contortionism;
  • Walking on a rope or wire;
  • Performing an obscene, immoral, or indecent act;
  • Playing on a musical instrument;
  • Singing; or
  • Tightrope walking.

A violation of the Act is a Class A misdemeanor, punishable by up to one year in jail and a fine of $2,500. A second or subsequent violation is a Class 4 felony, punishable by one to three years in prison and a maximum fine of $25,000.

What Is Allowed Under the Act

The purpose of the Wrongs to Children Act was to get children off the street as street performers and to stop people from employing or using them in unsanctioned, unlicensed events where children are more likely to be injured, harmed, abused, or taken advantage of. As such, it is perfectly legal for a child to sing or play an instrument in their school’s band or for a paying orchestra. Performing acrobatics as a gymnast in competition is, likewise, legal. Singing and dancing are allowed for TV, plays, movies, commercials, and other events as well. If you have questions about the legality of an act, you should contact an attorney.

A Rolling Meadows Child Crimes Attorney Can Help

Whether you have been charged with assault or battery of a child, child abuse or child neglect, or charged under the Wrongs to Children Act, you need to call a criminal defense lawyer today. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.bls.gov/opub/mlr/2017/article/history-of-child-labor-in-the-united-states-part-1.htm

https://data.unicef.org/topic/child-protection/child-labour/

Disorderly Conduct Offenses

October 29th, 2018 at 1:05 pm

Illinois defense attorneyDisorderly conduct, 720 ILCS 5/26-1, may sound like a harmless offense—one that will result in nothing more than a few days of community service at the worst, but in reality, it can be a life-altering moment in a person’s life. Depending on the circumstances, disorderly conduct is a felony. Being found guilty could mean the end of your career, your social status within your community, your child custody or visitation rights, and more: your freedom. Disorderly conduct can result in one to three years in prison and a $25,000 fine.

What Were You Charged For?

The most common scenarios of a defendant being charged with disorderly conduct include the following:

  • Being drunk in public—While it is not a crime in and of itself to walk down the street or sit in a bar while being intoxicated, acting in an overtly drunk, loud, obnoxious, or harassing manner is a crime. All it takes is a few too many drinks and a lapse in judgment to end up behind bars for the night, with a disorderly conduct charge looming in your future.
  • Yelling loudly late at night or early in the morning—Disturbing the peace by yelling or making unnecessary loud noises late at night or early in the morning is a serious crime, believe it or not. While you may have had a perfectly good reason to yell, either out of self-defense or surprise, or your loud yelling was largely exaggerated by the accuser, you still need an attorney to ensure that you are not given a criminal record.
  • Being at a protest—Sadly, all it takes these days to be arrested at a protest is simply being there at the protest. You do not have to be inciting a riot, blocking machinery or traffic, damaging property, yelling, or even refusing to disperse in order to be charged with various crimes at a protest or demonstration. To be sure, 575 people were recently arrested at a Women’s March, as reported by The New York Times. Unnecessary or unlawful arrests at protests happen every day, and disorderly conduct is a common charge. Furthermore, police do not have to have your permission to search you by patting you down and do not have to have very much, if any, evidence to make an arrest. While such an arrest is not legal, it is commonplace.

Other Forms of Disorderly Conduct

  • Entering a dwelling for lewd purposes as a “peeping Tom;”
  • Calling 911 unnecessarily;
  • Public misconduct;
  • Falsely reporting a bomb, crime, or child abuse; and
  • Inciting a riot.

Our Disorderly Conduct Defense Attorneys Can Help

If you have been arrested for disorderly conduct, you need to reach out to a Rolling Meadows criminal defense attorney immediately. Contact the Law Offices of Christopher M. Cosley today at 847-394-3200.

 

 

Source:

https://www.nytimes.com/2018/06/29/us/politics/womens-march-arrests-dc.html

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