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Archive for the ‘Rolling Meadows defense attorney’ tag

Can Police Search Your Phone?

November 14th, 2019 at 10:58 am

searchImagine police pulled you over in a traffic stop. Maybe they suspect you of a DUI, or maybe they want to cite you for having a broken taillight. Whatever the reason, they approach your window and begin to question you. They may even become aggressive and demand that you hand over your phone. Perhaps they even order you to unlock it for them or provide them with your password. This is a scary situation, as everyone has personal and confidential information on their phones these days. The question is, are police allowed to search your phone?

U.S. Supreme Court Decides on Cell Phone Searches

In 2014, the U.S. Supreme Court heard the case of Riley v. California. The defendant had been stopped by police for expired registration tags on his vehicle. During the stop, the officer also learned that the defandant’s driver’s license was suspended and that he was carrying a number of firearms in his car. The officer also took his phone, which the officer claimed had further incriminating evidence on it.

The Supreme Court found in favor of the defendant and determined that police do not have the authority to search a person’s phone. The reason given for this was that modern smartphones have a wealth of information about a person. By accessing your phone, a person could determine where you live, work, what your Social Security number is, and more. The court determined this was an invasion of privacy.

However, although the Supreme Court made this ruling several years ago, there are still some instances in which police can search your phone.

When Can Police Search Your Phone?

Under the Fourth Amendment, all American citizens are protected from unlawful search and seizures. However, if law enforcement has probable cause that your phone contains evidence of a crime, they can obtain a search warrant for your phone. If a judge determines there is probable cause and issues a search warrant, you will have to relinquish your phone so law enforcement can search it.

The only time law enforcement can search your phone without a warrant is when you provide your consent. Police officers often try to get around this by demanding, instead of asking for your phone. They do so in a way that makes individuals feel as though they do not have a choice. Unfortunately, in these instances, if you give police your phone and unlock it to grant them access, even begrudgingly, you have given consent and the police can search your phone.

It is extremely important that you never give police your phone unless they have a warrant. When consent is provided, it could hurt your case if police do in fact find evidence to use against you.

Did Police Unlawfully Search Your Phone? Call Our Illinois Criminal Defense Lawyer

When police unlawfully search your phone, any evidence obtained from that search is inadmissible in court. This provides a solid defense for many offenses, including distracted driving. If you have been charged with a crime after police searched your phone, you need the help of a skilled Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, an attorney will always ensure your rights are upheld, and he will also get illegally obtained evidence thrown out of court. If you are facing charges, call us today at 847-394-3200 to schedule a free consultation.

 

Source:

https://scholar.google.ca/scholar_case?case=9647156672357738355&hl=en&as_sdt=6&as_vis=1&oi=scholarr

 

Penalties for Ecstasy Possession in Illinois

November 7th, 2019 at 10:53 am

IL drug crimes lawyer, Illinois defense attorney Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.

Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.

What Is Ecstasy?

Today MDMA, the technical name for ecstasy, is on Schedule I of the Controlled Substances Act. Drugs appearing on this schedule are thought to have a high potential for abuse and no currently accepted medical use.

However, ecstasy was not considered an illegal drug until the 1980s. Before that time, psychiatrists used the drug when treating patients, although it had not yet been tested or approved by the U.S. Food and Drug Administration. Since ecstasy has been banned throughout Illinois and the rest of the United States, it has become a very popular street drug.

Penalties for Ecstasy Possession in Illinois

Possessing any amount of ecstasy in Illinois is illegal. Like all drugs, the penalties associated with possessing the drug will depend on how much of the drug a person has in their possession.

The only ecstasy possession charge that is a Class 4 felony is possession of one to 15 tablets. The penalty for this charge for individuals convicted is one to three years in jail.

All other penalties for ecstasy possession are considered Class 1 felonies. Possessing 15 to 200 tablets carries a minimum sentence of four to 15 years in jail while possessing 200 to 600 tablets has a penalty of six to 30 years for individuals that are convicted.

Individuals found with 600 to 1,500 tablets of ecstasy face eight to 40 years in prison. Any amount of ecstasy in excess of 1,500 tables carries a minimum mandatory sentence of ten to 50 years in prison. When a person is found with more than 1,500 tablets of ecstasy in their possession, they may also face distribution charges.

These penalties will increase if the person accused has a prior conviction, or if they were found in possession of ecstasy near a school or place of worship. Individuals that are in possession of ecstasy while a crime was being committed or that had a firearm on them at the time of arrest may also face increased penalties if they are arrested.

Need Help With Your Ecstasy Charges? Call Our Illinois Criminal Defense Attorney

If you have been charged with ecstasy possession, you need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, our defense attorney knows how to defend against ecstasy possession and other drug charges to give you the best chance of holding on to your freedom. Call us today at 847-394-3200 or contact us online to schedule your free consultation so we can start preparing your defense today.

 

Source:

https://www.govinfo.gov/content/pkg/CHRG-107hhrg88329/html/CHRG-107hhrg88329.htm

Challenging Breath Test Results in Illinois

October 24th, 2019 at 2:14 pm

IL defense attorney, IL DUI lawyerUnder Illinois’ implied consent laws, if you are pulled over for a DUI, you must submit to a breath test if asked by an officer. After the breath test, the officer will tell you what your blood alcohol content (BAC) is, and if you blew over 0.08, which is the legal limit. If you did, the situation may seem hopeless. However, there are ways to challenge these tests and get them thrown out of court, which can be very helpful to your case.

The Results Were Inconsistent

If you blow into a breathalyzer many times and get significantly different readings, it indicates that the machine is not reliable. Some judges have even deemed certain brands as being notoriously unreliable. Additionally, breath tests must be performed until two successive results fall within 0.020 percent of each other. If this range cannot be reached, a judge may determine that the tests are inconclusive.

The Officer Did Not Administer the Test Correctly

Officers must know how to properly administer a breath test, and there is a lot of user error with these machines. If the officer did not know how to use the machine, that shows a lack of training with them and can help prove that errors were made. Also, police officers must perform several tests to confirm that the machine is working properly. If they only performed one test, they did not do it correctly and the results are inadmissible in your DUI case.

The Machine Was Not Calibrated Properly

Breathalyzer machines are notoriously inaccurate. They must be calibrated properly and after being jostled around in a police car for some time, that calibration can easily be thrown off. Law enforcement must also keep proper records indicating when a machine was calibrated and had maintenance performed on it. When they cannot produce these records, an attorney will argue that the machine was not calibrated correctly and therefore, the results cannot be considered in the case.

The Stop Was Illegal

Police officers can only pull someone over when they have reasonable suspicion that a driver is breaking the law, or has broken the law. If an officer did not have reasonable cause to pull a driver over, any evidence obtained from that traffic stop cannot be used in court. This is sometimes the best-case scenario since the prosecution often relies mainly on evidence from gained from the traffic stop to prove that someone was driving under the influence.

Have You Been Charged with a DUI? Call an Illinois Criminal Defense Attorney

If you have been charged with a DUI, you are likely imagining the worst-case scenario. However, not all cases get that far. Our dedicated Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley has the experience necessary to craft a strong defense for your case. This includes not only getting breath tests thrown out of court, but also challenging the prosecution every step of the way. If you have been charged, call us today at 847-394-3200 for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

What Are Defenses to Reckless Driving in Illinois?

October 17th, 2019 at 10:12 am

IL defense attorney In Illinois, any extremely dangerous driving behavior that puts the safety of others at risk is considered reckless driving. Excessive speeding, tailgating, and changing lanes often and suddenly are all considered forms of reckless driving. This is a very serious offense for those charged in Illinois, and it could even result in jail time. As such, it is important that those accused speak to an Illinois criminal defense attorney that can help prepare a proper defense. Below are some of the tactics a defense attorney may use.

Lack of Intent

To be successful in a reckless driving case, the prosecution must show that the defendant intended to drive recklessly. Intent is difficult to prove in any criminal case because it is challenging to show what a person was thinking at a specific point in time.

In some cases, the original charges do not specifically state that a driver was driving recklessly. A traffic ticket, for example, may only say that the driver was negligent. This is a lack of specificity, and it opens the door for a defense attorney to ask for a Bill of Particulars.

The Bill of Particulars

When a defense attorney motions for a Bill of Particulars, they are asking the state to specify the actions that caused the defendant to be charged with reckless driving. The state must explain either in writing or orally, depending on the judge, what behavior led to the charges. This can include swerving in and out of lanes, excessive speeds, or other forms of reckless behavior.

This is often difficult for the state to do, particularly if there are not a lot of details on the original ticket. After the state presents the Bill of Particulars, the judge must determine if there is probable cause to charge the defendant with reckless driving.

Reducing the Charge

If the state cannot prove the specific actions that led to the reckless driving charge, the court may dismiss the case, or reduce the charges. When the courts take the latter course of action, typically the accused will face charges of negligent driving or aggravated speeding.

Negligent driving is not considered a criminal offense and the penalty is a $500 fine. While jail time is a possibility with an aggravated speeding charge, it is not likely, particularly when it is a first offense. Aggravated speeding is also looked upon much differently by the courts than reckless driving.

Charged with Reckless Driving? Call Our Illinois Criminal Defense Attorney

If you have been charged with reckless driving, it is important to know there are defenses available. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense attorney can provide those defenses and hold the prosecution responsible for proving their claims. We will also ensure your rights are upheld and if they were not during the traffic stop or at any other time, we can also use this in your defense. Call us today at 847-394-3200 for your free consultation to learn more about how we can help with your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

When Is it Illegal to Possess Prescription Drugs in Rolling Meadows?

October 10th, 2019 at 10:08 am

criminal drug charges, prescription drugs, Rolling Meadows criminal defense attorney, prescription drug charges, prescription drug useWhen most people think of criminal drug charges, they often think of those relating to hard street drugs, such as cocaine, meth, and heroin. However, did you know that even if you have a prescription for a drug, you could still face criminal charges under certain circumstances?

In Illinois, there are many offenses associated with prescription drugs, and many residents are not aware of that fact. For this reason, too many people are charged by overzealous law enforcement. When they are, they often do not know what to do. The first step to take is to speak to a Rolling Meadows criminal defense attorney.

Illinois Law on Prescription Drugs

Under the Illinois Compiled Statutes, there are certain offenses related to prescription drugs that have serious consequences. The statutes stipulate that it is against the law to manufacture, distribute, or possess controlled substances, including prescription drugs. The most common of these drugs fall within Schedules 2 and 4 and include:

  • Hydrocodone
  • OxyContin
  • Ritalin
  • Adderall
  • Morphine
  • Valium
  • Vicodin
  • Xanax
  • Darvocet
  • Demerol

When a person is found guilty of any offense relating to these, or any other controlled substances, they face harsh penalties. However, many of those accused do not understand why they were charged.

Types of Illinois Prescription Drug Crimes

Even the smallest act could result in a charge for a prescription drug crime. These most often include:

  • Unauthorized possession: When a person is found in possession of any prescription drug that was not prescribed to them, they could face up to 30 years in prison. This is true even if the person in possession of the drug never used it. For example, two friends are out and one asks the other to hold their prescription drugs in a backpack or purse. The person the prescription is for goes home, forgetting to take their medication with them. Under the law, the person still holding it could be charged with a crime.
  • Sharing: While everyone wants to help their loved ones feel better, sharing even one pill, even when a person suffers from the same condition, could result in criminal charges.
  • Recreational distribution: When a person uses a prescription drug for anything other than treatment of an illness, it is a crime. It is also a crime for doctors to prescribe drugs that are not intended for medical use, or that are in greater quantities than what a person needs.
  • Misrepresentation: When a patient lies to a doctor or misrepresents facts in order to gain a prescription, they may be charged with a crime.

Regardless of the crime a person is accused of, they face serious consequences if they are convicted.

Penalties for Prescription Drug Crimes

The penalties for prescription drug crimes, no matter the alleged offense, are always severe. The prosecution will lay charges ranging from a Class 4 felony to a Class X felony. The sentences for Class 4 felonies range from one to three years in state prison. For those convicted of a Class X felony, the penalties are even worse and can include six to thirty years in state prison.

Additionally, there are also certain circumstances that may enhance these penalties. For example, if a person is found in possession of an illegal prescription drug, and a firearm, a judge may double their sentence.

To avoid these penalties, it is imperative that anyone facing charges speaks to a Rolling Meadows criminal defense attorney that can help.

Call Our Illinois Criminal Defense Lawyer Today

After being charged with a prescription drug offense, those accused are often confused and feel hopeless. The situation may not be as dire as it seems, though. At the Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows criminal defense attorney can help. We will scour the law and apply it to the facts of your case to create a solid defense that will give you the best chance of a positive outcome. Call us today at 847-394-3200 for your free consultation to learn more about how we can help with your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-25

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

Differences Between a License Suspension and Revocation in Illinois

September 26th, 2019 at 7:39 am

IL defense lawyer, IL criminal defense attorneyMany people use the terms ‘license suspension’ and ‘license revocation’ interchangeably. While it is true that each will take away your driving privileges for some time, there are differences between a license suspension and revocation. If you are facing charges for a DUI, underage drinking, or any other offense that could result in you losing your license, it is important you understand what those differences are.

A Driver’s License Suspension in Illinois

A driver’s license suspension in Illinois means that you still have your driver’s license, but it is invalid for a period of time. During this time, you are unable to drive.

In Illinois, a license may be suspended under definite terms, or it could be suspended indefinitely. Definite suspensions have an end date associated with them. This is the date you are able to drive again if you pay the proper fees and complete any requirements, such as attending a substance abuse treatment program.

Indefinite suspensions do not have an end date. In order for your license to be reinstated, you must complete certain tasks, such as paying speeding tickets in full. As long as you do not take this action, your license remains suspended indefinitely.

A Driver’s License Revocation in Illinois

If you have your driver’s license revoked in Illinois, you no longer have a driver’s license. You are not able to reinstate it. Instead, you must go through the entire process of applying for your driver’s license again. That means taken written tests and road tests, and possibly even attending a driver’s education training course.

If you have had your driver’s license revoked, you will also need to obtain permission from the Illinois DMV to apply for your license. You must also meet all the terms required of you and make payments for any outstanding fines or penalties.

Causes for a License to be Revoked or Suspended

Often when people think about a driver’s license being suspended or revoked, they think it was due to driving under the influence charges. However, there are many reasons your driver’s license may be revoked or suspended in Illinois. These include:

  • Driving without proper auto insurance
  • Serious traffic offenses, such as leaving the scene of an accident
  • Underage drinking
  • Driving under the influence
  • Outstanding fines
  • Multiple traffic violations

Each case involving a suspended or revoked license is unique. Sometimes you may get your license back simply by paying a fine, while other times there may be other strict requirements. Anyone that has had their license suspended or revoked in Illinois should speak to a criminal defense attorney that can help them get their driving privileges back.

Need Help Getting Your License Back? Call Our Illinois Criminal Defense Attorney

If you have had your driver’s license suspended or revoked, you need the help of our talented Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we can advise on your legal options, and the actions you must take to regain your license. Call us today at 847-394-3200 or fill out our online form to schedule your free consultation.

 

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-16

Do You Know About the Drug-Free Zones in Illinois?

September 19th, 2019 at 7:25 am

IL defense lawyer, IL drug crimes attorneyIllinois has very strict laws surrounding drugs. Anyone convicted of committing an offense outlined in the Illinois Controlled Substances Act is subject to harsh penalties, no matter where they are at the time. However, location matters when charged with a drug crime. Like many other states, Illinois has drug-free zones. This means anyone caught committing a drug crime in these zones will face increased penalties, which may include several decades in jail.

Drug-free zones are highly controversial, and many states are considering removing these zones from their statutes. Unfortunately, Illinois has not yet made any such proposal to change their legislation.

How Drug-Free Zones Work

It was during the “War on Drugs” in the 1980s that drug-free zones became written into the law of every state. These laws stated there were certain zones that must be kept drug-free. The intent was to keep drugs out of the hands of children and protect them from other crimes such as theft, prostitution, and violent crimes associated with drug activity.

To ensure these zones were kept drug-free, these laws impose higher penalties for those caught committing a drug crime while in them. It does not matter if the offense involved a child or even the sale of drugs. Even those charged with a simple possession offense will face increased penalties under the law.

What Are the Drug-Free Zones in Illinois?

Drug-free zones are areas where children may be nearby. When most people think of these zones, they often only think of schools and public parks. However, the drug-free zones in Illinois keep expanding to include other areas, as well. Areas designated as drug-free zones in the state also include:

  • Public housing
  • Drug treatment facilities
  • Nursing homes
  • Highway and roadway rest areas
  • Churches
  • Truck stops
  • Correctional facilities

Some of these areas encompass much of Illinois, and that is why these laws are so controversial. Increasing penalties for offenses allegedly committed in these zones is only contributing to the state’s high incarceration rate. It also means the sentences for those convicted are disproportionate to the offense.

Enhanced Penalties for Drug-Free Zone Offenses

When a person commits a drug crime in a drug-free zone, the penalty is typically doubled if they are convicted. The prison time sentenced and fines issued will depend on the type of crime committed. The penalties for drug crimes not committed in a drug-free are below. Even though they do not reflect the enhanced sentencing, they are already very harsh.

  • Class X felonies: Six to 60 years in prison and a possible fine of $500,000 or the street value of the drug in question, whichever is greater
  • Class 1 felonies: Four to 15 years in prison and a maximum fine of $250,000
  • Class 2 felonies: Three to seven years in prison, and a maximum fine of $200,000
  • Class 3 felonies: Two to five years in prison, and fines ranging between $75,000 and $150,000
  • Class 4 felonies: One to three years in prison and a maximum fine of $25,000

When these penalties are doubled, it is easy to see how someone could spend the rest of their life in prison simply for being in the wrong place.

Charged with a Drug Crime? Contact Our Illinois Criminal Defense Attorney

If you have been charged with a drug crime, particularly if it occurred in a drug-free zone, you need a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we can provide the defense you need. We will challenge law enforcement’s investigation of the case, and refute arguments made by the prosecution. We will ensure your rights are protected every step of the way and give you the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

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

False Accusations of Domestic Violence

September 5th, 2019 at 7:14 am

IL defense lawyer, IL defense attorney, Being falsely accused of domestic violence is extremely scary. You are likely confused, emotional, and wondering what to do next. These are all very natural reactions. However, the things you do, and do not do, in the next few days and weeks are important. They can help your case, or result in the prosecution pursuing charges. Below are the three most important things to do when someone has falsely accused you of domestic violence.

Do Not Speak to the Other Party

It is very common for those falsely accused to want to reach out to the other party. This is one of the biggest mistakes made in domestic violence cases. It is crucial you do not speak to your accuser. If there has been an order of protection issued against you, this is a violation that has serious consequences. Even if an order has not been issued, speaking to your accuser can have disastrous consequences. They may use anything you say against you later on, and could even take your words out of context.

Gather Evidence

You may think the other side is busy collecting evidence to prove their case, and that is likely true. However, it is important you start collecting evidence, too. Domestic violence cases often involve little more than both parties telling their side of the story. Judges must determine who they believe, with little evidence to review.

When you have been falsely accused, you know there is no evidence, or that it has been manufactured. This can make it even more frightening, but this can sometimes work in your favor. You can gather evidence to refute any they may present. Evidence you should gather includes texts and emails to prove a history of false allegations, medical records to dispute accusations of injuries, and proof of the accuser’s history of substance abuse.

Speak to Witnesses

Again, due to the fact that there is often very little evidence in domestic violence cases, witness testimony is crucial. Speak to people that are familiar with the relationship and that can testify there has never been any violence, to their knowledge. If there are witnesses that can also testify about false accusations in the past, or the reason for the false accusation, that could also greatly help your case. Judges weigh witness testimony very heavily when making their decisions. They are also more likely to believe your side of the story if others corroborate it.

Contact an Illinois Domestic Violence Attorney Today

Those falsely accused of domestic violence potentially face a long process to clear their name. Do not do it on your own. Too many people think accusations made in the heat of the moment will go away on their own. Too often, they do not. It is crucial you speak to a skilled Rolling Meadows domestic violence attorney as soon as possible. If you have been falsely accused, call the Law Offices of Christopher M. Cosley today at 847-394-3200. We will advise on the next steps to take, ensure your rights are upheld throughout the process, and give you the best chance of success. Contact us today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

What Is Reckless Driving in Illinois?

August 28th, 2019 at 9:50 am

IL traffic violation attorney, IL defense lawyerIn early July, a Joliet man was charged with reckless driving, among other charges, and was placed in jail. Many people think reckless driving is a simple traffic violation, similar to being pulled over for speeding. However, in Illinois, reckless driving is a very serious charge. It could even lead to jail time. So, what is reckless driving in Illinois, and what are the possible penalties?

Reckless Driving in Illinois Defined

Illinois statute 625 ILCS 5/11-503 provides a few definitions for reckless driving. The first is operating a vehicle in such a way that shows a complete disregard for the safety of other people. Under this statute, reckless driving is also defined as using an incline, such as a hill, railroad crossing, or bridge approach, to cause a vehicle to become airborne.

While these are very dramatic and somewhat obvious definitions of reckless driving, there is another that many Illinois drivers are unaware of. This is when a motorist drives a vehicle 35 miles per hour over the posted speed limit.

Penalties for Reckless Driving

Most reckless driving charges are considered a Class A misdemeanor, including driving 35 mph over the speed limit. The penalty for this crime is up to one year in county jail.

Charges of reckless driving are upgraded to aggravated reckless driving under certain circumstances. If the reckless driving occurred in a school zone and a crossing guard or minor child became hurt, a person will likely face upgraded charges. This is a Class 4 felony that carries a possible sentence of up to three years in state prison.

When reckless driving causes any person great bodily harm or permanent disfigurement, the accused will also face charges of aggravated reckless driving. This is considered a Class 3 felony with a possible penalty of up to five years in state prison.

Defenses to Reckless Driving

After being charged with reckless driving, many people are surprised to learn of the severe consequences they face. However, it is not the hopeless situation it seems and there are defenses available.

In order to obtain a conviction, the prosecution must prove a person willfully, or intended to, drive recklessly. Intent is very difficult to prove, including in reckless driving cases. This is a very common defense used in reckless driving cases.

In reckless driving cases specifically, the prosecution must also present a Bill of Particulars. This document specifically outlines the actions of the driver that resulted in a reckless driving charge. These actions include swerving in between lanes, excessively speeding, or otherwise acting recklessly. If, after reviewing the Bill of Particulars, a judge determines there is no case, they will dismiss it and the prosecution must drop the charges. This is another very common defense used when facing reckless driving charges.

Charged with Reckless Driving? Contact an Illinois Criminal Defense Lawyer

Many people do not think reckless driving is a serious offense. Unfortunately, to law enforcement and the courts it is, and can have real consequences for those convicted. If you have been charged with reckless driving, do not treat it like a minor traffic violation. There is too much at stake. Contact our skilled Rolling Meadows criminal defense lawyers at the Law Offices of Christopher M. Cosley. We will create a solid defense for you and give you the best chance of a successful outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/073500050K2-607.htm

https://www.theherald-news.com/2019/07/09/joliet-man-charged-with-dui-reckless-driving-charges/a9ky8l3/

What Are Defenses to Domestic Violence in Illinois?

August 21st, 2019 at 9:53 am

IL defense attorney, IL domestic violense attorney Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.

For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.

Self-Defense

Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.

Being Falsely Accused

Arguments in a household can become very heated. Sometimes, they become so heated that one party becomes revengeful and wants to hurt the other person, not physically, but with other consequences. They may call the police and allege domestic violence is taking place. Or, one party may have thought the other was becoming violent when they were not. Again, if the police are called, they may lay domestic violence charges even if the situation had not become violent.

Domestic violence cases are often a case of one person’s word against another’s. These situations tend to happen behind closed doors and with no witnesses. Due to this, it becomes very difficult to determine who is telling the truth. Law enforcement, juries, and judges may automatically favor the victim. For this reason, it is important to raise arguments that contradict the accuser’s story. Perhaps the accused was not even present in the home, or maybe the victim’s story is inconsistent. These arguments raise a good defense in domestic violence cases.

Lack of Proof

In order for the prosecution’s case to be successful, they must present sufficient proof that domestic violence took place. In criminal cases, the prosecution has a very strict burden to prove the defendant guilty beyond a reasonable doubt. Again, because domestic violence often takes place behind closed doors, this is difficult. The victim’s word is not enough to garner a conviction.

Charged with Domestic Violence? Call a Rolling Meadows Criminal Defense Attorney for Help

If you are facing charges of domestic violence, you likely feel as though the situation is hopeless. It is not. There are many defenses available to these charges, and a skilled Rolling Meadows criminal defense attorney can help you determine which one is right for your case. At the Law Offices of Christopher M. Cosley, we know that not every argument is a case of domestic violence, and we are committed to helping those that are innocent retain their freedom. Call us today at 847-394-3200 for your free consultation so we can start reviewing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

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