Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Rolling Meadows defense lawyer’ tag

How Does the Illinois DMV Point System Work?

January 30th, 2020 at 2:19 pm

IL defense attorney, IL DMV point system lawyerMany people have heard of the Illinois DMV point system, but they are not entirely sure of how it works. It is important all drivers are aware of the system, and the penalties they may face for committing certain traffic offenses. While many motorists only consider the fine they may have to pay for a traffic violation, the point system can also levy some other serious consequences.

The Illinois DMV Point System

Any time a driver is convicted of a traffic violation, such as speeding, the Illinois Secretary of State will add points to that person’s license. Typically, serious violations incur a greater number of points than minor traffic offenses. Once a driver has incurred a certain number of points, their driver’s license can then be suspended or revoked. Sometimes an offense, such as a DUI, are so serious that a person may have their license suspended or revoked for that one violation alone.

Number of Points Imposed for Traffic Violations

So, how many points can a driver incur for certain violations? The most common traffic violations, and the number of points associated with them, are as follows:

  • Speeding: 5 to 50 points
  • Under the minimum speed limit: 5 points
  • Screeching tires: 10 points
  • Speeding on a bridge or on an elevated roadway: 10 points
  • Failure to follow traffic signs: 20 points
  • Failure to remain in proper lane: 20 points
  • Speeding in a school zone: 20 points
  • Under the minimum speed limit on a state tollway: 20 points
  • Driving in the ‘fast lane’ when moving slower than traffic: 20 points
  • Having an open container of alcohol in the vehicle: 25 points
  • Fleeing the scene of an accident that caused property damage: 25 points
  • Fleeing the scene of an accident that caused injury or death: 50 points
  • Reckless driving: 55 points

It is important to understand that many of these violations, such as leaving the scene of an accident, have many more penalties than just incurring points. Many of these are criminal activities that could cause someone to serve several years in jail if they are convicted.

License Suspensions for Points Imposed

The length of a driver’s suspension will depend on how many points a driver has incurred. According to the Illinois Administrative Code, the length of suspensions for points imposed are:

  • Zero to 14 points: No suspension
  • 15 to 44 points: Two months
  • 45 to 74 points: Three months
  • 75 to 89 points: Six months
  • 90 to 99 points: Nine months
  • 100 to 109 points: Twelve months
  • Over 110 points: License revocation

The length of the suspension period is extended when a person has had their license suspended within the last seven years. Typically in these cases, the suspension period is doubled.

An Illinois Criminal Defense Lawyer can Help You Avoid Points

If you have been charged with a traffic offense, there is much more on the line than just a fine. You may incur points, which can eventually lead to a license suspension or revocation. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer can help you beat the charges so you can retain your freedom, and keep your license. Call us today at 847-394-3200 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/commission/jcar/admincode/092/09201040sections.html

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

Do You Know the Different Types of DUIs in Rolling Meadows?

January 23rd, 2020 at 2:16 pm

IL DUI lawyer, Illinois drunk driving attorneyWhen most people think about DUI charges, they typically think of a person driving with a blood alcohol concentration (BAC) greater than the legal limit. In Illinois, as in most states, this limit is 0.08 percent. However, this is just one type of DUI charge in the state. In Illinois, there are six types of DUIs a person may face, and many of them do not even involve having a BAC higher than the legal limit.

DUI with BAC of 0.08 or Higher

This is the most common type of DUI in Illinois. To secure a conviction, the prosecution must prove beyond a reasonable doubt that a person was in physical control of a vehicle and that they had a BAC of 0.08 percent or higher.

The prosecution does not have to prove that the individual was driving dangerously, or that they were showing any signs of impairment. They only must prove the defendant was impaired and in control of the vehicle, which does not necessarily mean driving it. Even if the person was pulled over to the side of the road with the car keys in their pocket, they can still be arrested as they still have control over the vehicle.

Driving Under the Influence of Alcohol When Unsafe to Drive

This type of DUI comes as a surprise to many that know they were below the legal limit, but face DUI charges anyway. With this charge, the prosecution must only show that the individual was under the influence of alcohol and that it was unsafe for them to drive, even if they were below the legal limit. Chemical testing is not even required for this DUI although, without it, the case is much harder for the prosecution to prove.

DUI with Intoxicating Compounds

It is not only alcohol that can result in a DUI charge. Any intoxicating compounds, such as inhaling cleaning agents or gasoline in order to get a person high can also result in a DUI charge.

DUI with Legally Prescribed Medications

It does not matter if a medication such as opioids or sleeping pills was legally prescribed to a person. If it affects their ability to drive and they do so anyway, they can face a DUI charge. This is why it is so important that any time a medication is taken, a person must first fully read the label and all warnings, and ask their doctor or pharmacist whether it is safe to drive while on the medication.

Driving Under the Influence of Cannabis and Other Drugs

Although Illinois has just passed legislation legalizing cannabis, it will remain illegal to drive under the influence of marijuana or any other drug. It is important to know that marijuana, in particular, can remain in the blood for up to 30 days. That means that if a person used it two weeks ago, got in a car accident, and the police took a chemical test, THC, the psychoactive component in cannabis, could show up in the results. This could make things very difficult for the driver, as they could face DUI charges even though they were not impaired.

Driving Under the Influence of Alcohol and Drugs

Lastly, a person may face charges of driving under the influence if they combine alcohol and drugs, which causes them to become impaired. This seems like common sense, but it can happen more easily and innocently than many people think. For example, if a person is taking opioids for chronic pain and has a glass of wine at a dinner party before driving home, they may not think they are impaired. A chemical test, however, will likely reveal otherwise, and they could face DUI charges even though they did not think they were doing anything illegal.

Facing DUI Charges? Call Our Illinois Criminal Defense Attorney

At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows how easy it is for people to be charged with a DUI. Often, these individuals did not even think they were doing anything wrong, and they certainly did not want to put themselves or others in danger. If you are facing DUI charges, we can help you beat them. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

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

Tips to Avoid a DUI This Holiday

December 12th, 2019 at 8:55 am

IL DUI lawyer, IL defense attorneyThe Illinois State Police (ISP) are warning drivers that, as the holidays approach, they still must remain safe on the roads. In a news story, the ISP have warned drivers that they will be looking for motorists that are under the influence, distracted while driving and drivers that do not wear their seat belts. The worst of these infractions is certainly a DUI, so below are a few tips on how to avoid getting one of these charges.

Learn of DUI Checkpoints Ahead of Time

Of course, it is going to be much harder to avoid a DUI if you have to make it through a DUI checkpoint. Of course, no one should be driving while under the influence, but law enforcement at these checkpoints also often want to simply make arrests, whether a person is guilty or not. So, to avoid them, download an app such as PhantomAlert that can tell you where the roadblocks are.

Do Not Drive Drowsy

Drowsy driving can look a lot like drunk driving to police officers that are eager to make an arrest. Even just one drink on a stomach full of turkey can make you drowsy enough to impair your driving. Another reason to avoid driving while drowsy is also to ensure your safety, and the safety of those around you.

Designate a Driver

Of course, the best way to avoid a DUI charge is to avoid driving drunk. That often means designating a driver before you go out. If there are many festivities that you and friends or family will be attending, you can all take turns being the designated driver so everyone can celebrate the holidays, while remaining safe.

Ask for a Ride

Sometimes you may find that you had the best of intentions but that you ended up having one or two more drinks than you thought. When this is the case, it is always better to ask for a ride. Ask around at the event you are at to find out if anyone is going your way, or call an Uber or Lyft.

Plan Ahead

One of the best ways to avoid a DUI is to plan ahead so you do not find yourself stranded, which can make it that much more tempting to get behind the wheel of your car. Also, preparing for your ride home ahead of time will also be easier than asking as everyone is leaving the party, and could be cheaper too, as you may not have to rely on paid services, such as taxis and ride-sharing programs.

When the Worst Happens, Call Our Illinois Criminal Defense Lawyer

Whether or not you have followed all of the above tips, you may still find yourself facing charges. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows that not everyone charged is guilty, and he will work hard to prove you are not either. Attorney Cosley has the experience necessary to have your charges reduced, or dismissed altogether. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

https://www.galvanews.com/news/20191122/isp-prepare-for-increased-holiday-travel

 

What Happens if I Am Caught Driving with a Suspended License?

December 4th, 2019 at 8:50 am

IL defense attorney, IL traffic violations lawyerThere are many reasons a person may have their license suspended, or even revoked, in Illinois. A DUI conviction will certainly strip someone of their license, even for a first offense. Sometimes a lesser offense, such as failing to pay traffic tickets, is enough to have a license suspended. Whatever the reason for it, many people mistakenly believe that driving on a license that has been suspended or revoked does not come with serious consequences. They believe that if they are caught, it will be like any other minor traffic offense, and the most they will face is a fine. That is wrong.

Driving on a suspended or revoked license is a serious offense. Depending on the circumstances, you could even face jail time for it.

Penalties for Driving with a Suspended License

There are many penalties associated with driving on a suspended license. The offense is outlined in the Illinois Vehicle Code, Section 6-303. Under this statute, the offense is considered a Class A misdemeanor and could result in a maximum of 364 days in jail and a maximum fine of $2,500. Individuals convicted also have to pay mandatory court costs.

In some situations, the offense could even be considered a felony, such as when the license was suspended after a DUI conviction. In these cases, driving on a suspended license has penalties of up to ten days in jail, or 240 hours of community service, which is approximately 30 days.

If you are charged with a second violation of driving with a license that was suspended or revoked after a DUI conviction, the offense is upgraded to a Class 4 felony. The mandatory minimum penalty for this conviction is at least 30 days in jail or 300 hours of community service. However, the court has the ability to sentence you to one to three years in jail and a maximum fine of $25,000.

Driver’s License Suspensions

After being found guilty of the offense of driving with a suspended license, you will also face additional suspensions. The Secretary of State will extend your suspension for the same amount of time the original suspension dictated. If you are convicted of driving with a license that has been revoked, you will have to wait at least one year from the date of your conviction before your license is reinstated. Although there are no guarantees that you will get your license back after this time, one year is the minimum amount of time you will have to wait.

Convicted of Driving on a Suspended License? Call Our Illinois Criminal Defense Attorney

Being charged with driving with a suspended license is a serious offense. However, facing charges is not the same thing as being convicted. While the situation may seem hopeless, there are many defenses to driving on a suspended or revoked license. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows what they are. If you are facing charges, call us today at 847-394-3200 to set up a free consultation so we can start discussing your case.

Source:

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

 

How Can a Juvenile Conviction Affect College Admissions?

November 28th, 2019 at 11:02 am

Illinios juvenile defense lawyer, Illinois juvenile attorneyRegardless of how stellar a student’s high school transcript is, and no matter how well they scored on the SATs, if they have any type of juvenile conviction on their record, it will make it much more difficult for them to get into college. This is just one of the consequences of being convicted of a crime, even if that conviction came in the form of adjudication in the juvenile system.

So, if your child has been adjudicated, how will it affect their chances of getting into the school of their dreams? How can you help ensure they will not feel those consequences?

Criminal History Questions on College Applications

Approximately half of all public colleges and universities will ask about a student’s criminal history on their applications for admittance. This number increases to between 60 to 80 percent for private institutions. Approximately half of all two-year community colleges will ask students about their criminal background, while most four-year colleges will conduct a full background check.

The questions asked will typically include any offenses a student committed as a juvenile. Applicants may be asked to include information about previous arrests, if they faced charges as a result, if the charges were dropped, or if they were found guilty or innocent.

It is important students are honest when answering these questions. Schools that ask these questions will typically run a background check anyway, and any prior arrests will show up on those checks. If there are discrepancies between what a student states on their application and what shows up on a background check, it will only work against the student.

How a Criminal History Affects College Admission Decisions

Not only do college and university applications ask about a student’s criminal background, but they typically ask for more detail than even employment applications. Elite schools, particularly those that are highly competitive, will likely not accept students that have a criminal record.

Other schools may deny students with a criminal background financial aid. With most students requiring this type of help, that alone could mean they will be unable to attend school. Two types of convictions or adjudications that could really hurt a student’s chance of admission or those involving violence and sex crimes. Schools around the country are trying to severely cut down on the number of these instances happening on campus and so, these crimes will likely hamper a student’s efforts the most. However, petty crimes such as vandalism and low-level marijuana offenses will likely be overlooked.

Get the Help You Need from an Illinois Criminal Defense Attorney

Unfortunately, once a student has a conviction or adjudication on their record, it is often very difficult to get rid of it. As such, the only way to help ensure these won’t affect their college or university application is to retain the help of a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we know how to prepare defenses when minors are charged with a crime so it does not affect their chances of getting into a post-secondary school or any other part of their life. If your child has been charged with a crime, call us today at 847-394-3200 for your free consultation to learn more about how our attorney can help you and your family.

 

Source:

https://www.law.northwestern.edu/legalclinic/cfjc/documents/ParentHandbook.pdf

Four Common Defenses to DUIs

July 17th, 2019 at 10:05 am

IL DUI lawyer, Illinois drunk driving attorney, If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.

Illegal Traffic Stop

In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.

Illegal Search and Seizure

Under the Fourth Amendment, the police cannot generally search your vehicle without first obtaining a search warrant. However, this works a bit differently in DUI cases. If you give consent to have your vehicle searched, the search is lawful. The search is also lawful if the police feel it is necessary for their own protection, such as if they are searching for a weapon they feel you may use against them. Lastly, if you are arrested for a DUI during a traffic stop, the police can search your car for evidence pertaining to the arrest, such as beer cans or bottles.

If none of those circumstances apply, the police cannot search your car. For example, they cannot pull you over for a suspected DUI and search your car when you have been cooperative and have not been arrested. If they do, any evidence collected can also be suppressed.

Inaccurate Field Sobriety Test

Field sobriety tests are notoriously inaccurate. They are largely subjective and can be affected by a person’s health condition, or even their mental state after being pulled over. Uneven pavement, flashing lights, and impractical footwear can all also give inaccurate results after a field sobriety test. These can be challenged in court and if successful, that evidence can be thrown out, and a judge may determine the officer did not have reasonable cause to arrest you.

Violation of Fifth Amendment Rights

Under the Fifth Amendment, anyone charged with a crime has certain rights. Law enforcement must inform individuals of these rights, and uphold them. You do not have to answer their questions and as soon as you decline, the police must stop questioning you. If they continue to press you for answers, deny you the right to an attorney, or fail to uphold any of your other rights, evidence obtained can be deemed inadmissible at trial.

Speak to a Rolling Meadows Criminal Defense Lawyer Today

If you have been charged with a DUI, a dedicated Rolling Meadows criminal defense attorney will know the defenses available, and the best one to use for your case. If you are facing charges, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A charged does not have to turn into a conviction, and we will work hard to prevent it from happening.

 

Source:

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

 

Why Resisting Arrest Is a Bad Idea

June 19th, 2019 at 5:19 pm

IL defense lawyer, Illinois criminal attorneyWhether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.

Resisting Arrest in Illinois

In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.

The statute includes peace officers, firefighters, and correctional institution employees as those that can make an arrest. Many people think that resisting arrest requires a person to flee the scene or engage in a physical fight with the arresting officer. However, due to the vague language in the statute, an officer may charge a person with resisting arrest for simply refusing to put their hands behind their back, on a squad car, or refusing to lay on the ground.

Penalties for Resisting Arrest

When resisting arrest is charged as a Class A misdemeanor, the penalty is a maximum of 48 hours in jail, and between 48 to 100 hours of community service. If convicted, individuals are not eligible for probation in order to reduce the sentence of either jail time or community service. This makes resisting arrest charges difficult to escape.

The charges become much more serious when the officer is injured during the rest. This Class 4 felony charge can result in up to three years in prison and a maximum fine of $25,000.

Even though a misdemeanor charge may not even result in any jail time, it is important to consider the consequences of such a charge. Those convicted will have a prior offense on their criminal record. If they are charged with another crime in the future, the judge may even extend the sentence for that subsequent crime upon conviction.

Resisting arrest is usually one charge of many. Even if the original charge is dropped or the individual is found not guilty, the resisting arrest charge will likely still stand. If a person is convicted, they will face the same penalties even if they beat all other charges. It is for this reason that it is so important to never resist arrest. Although there are defenses available, it is much easier to defend against only one charge instead of two.

Call the Experienced Rolling Meadows Criminal Defense Attorney

When facing arrest, the best thing a person can do is cooperate with the police and let a skilled Rolling Meadows criminal defense lawyer sort out the facts of the case afterwards. If you have been charged with resisting arrest, or any other crime, call the Law Offices of Christopher M. Cosley at 847-394-3200. We will hold officers accountable if they have made an unlawful arrest, or if they used excessive force during the arrest that was later used against you. We know how to defend innocent individuals against many charges, and we want to help you, too. Call us today for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

Understanding Your Rights and Responsibilities During a Traffic Stop

March 28th, 2019 at 3:56 pm

Illinois traffic offenses, Illinois traffic stops, police search, Rolling Meadows criminal defense attorney, searches and seizuresMany people do not have much interaction with the police. If they do, the chances are good that it is going to happen during a traffic stop. Even then, many people will only get pulled over two or three times while they are behind the wheel. When it happens, it is often very stressful. People imagine the worst as they sit in their car and watch the officer approaching.

In these cases, people are sometimes prepared to cooperate with the officer and do whatever they ask. These individuals do not understand that they have rights, and are not required to comply with everything an officer may request. Still, others may think they do not have to follow anything an officer instructs them to do at a traffic stop. These individuals may become belligerent or aggressive at a traffic stop.

So, what rights and responsibilities do people have when they are pulled over for a traffic stop?

Drivers Are Required to Pull Over

Any time a driver sees the flashing lights of a law enforcement vehicle, they must pull over as soon as it is safe to do so. In a few cases, a police officer may ask a driver to pull over, such as if the two vehicles are at a stop light, or if an officer walks up to the driver’s window while the vehicle is stopped. In either case, it is important that the driver complies with the officer’s request.

Under Section 11-204 of the Illinois Vehicle Code, failing to pull over for a police officer is considered fleeing the police, and it is illegal. Even if a driver simply takes too long to pull over, the officer may believe they are trying to evade the police. When this is the case, the driver will face penalties that are likely much more serious than the penalties they would face for the initial traffic violation.

Drivers Must Remain Calm

This is not written into Illinois law, but it can prevent the situation from escalating. When a driver can remain calm and speak politely to a police officer, it is less likely that the situation will develop into anything more. When drivers are aggressive and rude to police officers though, it could lead to further charges than they would have faced from the traffic stop alone. Police can misinterpret even small gestures such as the driver reaching for something in the vehicle. Due to this, it is always best if the driver keeps their hands visible and only gets out of the vehicle if the officer asks them to.

Drivers Are Not Required to Answer Questions

Drivers are required to provide a police officer with their driver’s license and registration if they are asked. However, they do not have to answer any questions the officer asks. The Fifth Amendment to the United States Constitution allows individuals to refrain from answering questions that may incriminate them in a crime. This includes traffic stops.

Officers often ask a lot of questions during a traffic stop. They may ask a driver if they knew how fast they were going, or if the driver knows why they were pulled over. It is often advised that even when a driver feels as though they have done nothing wrong that they refrain from answering these questions. Anything a driver says can be held against them later on.

Drivers Do Not Have to Consent to a Search

Just because a driver has been pulled over does not give police officers the right to search the vehicle. Drivers can refuse this search, although officers are also given quite a bit of leniency during traffic stops. If they have reason to believe there is evidence of a crime in the vehicle, they can perform their search without the driver’s consent. For example, if an officer noticed drug paraphernalia in the vehicle, they might search the vehicle.

In order to search a vehicle, police officers must have probable cause. Due to this, drivers can ask police what they are searching for, or what probable cause they have.

Did You Get Into Trouble at a Traffic Stop? Contact a Rolling Meadows Criminal Defense Lawyer that can Help

Traffic stops may seem minor, but they can quickly become a much more serious situation. When this is the case, drivers should contact a dedicated Rolling Meadows criminal defense lawyer for help. If you were pulled over and it led to serious charges or you feel as though you were treated unfairly, contact the Law Offices of Christopher M. Cosley at 847-394-3200 today. We understand you have rights that may have been violated, and we will help make to correct that situation, ensuring those rights are upheld. Do not try to handle your case on your own. Call now for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204

Expunging a DUI Record

January 31st, 2019 at 7:12 pm

IL DUI lawyer, IL expungment attorneyOne of the worst penalties for mistakes made or wrongful convictions is that a person has a criminal record for the rest of their life. That criminal record can prevent them from obtaining employment, housing, and other opportunities such as post-secondary scholarships. Due to this, those with past convictions often wonder if there is any way to get their record cleared, and the mark on it erased. This is often the case with those convicted of a DUI. So, is there any way to get a DUI expunged or sealed in Rolling Meadows?

Expunging a DUI

According to the Criminal Identification Act, expunging a record is the act of physically destroying it. Instead of the records being destroyed, the records may simply be given to the person named within them. Their name may also be removed from official and public record with regard to a certain crime.

Under the law, expungement may be possible for certain arrests, court-ordered supervision, probation, and even some felonies. A DUI however, cannot be expunged from a person’s record, no matter what they were charged with or what the sentencing entailed.

Sealing a DUI

While expunging a record is essentially making it as though the record never existed in the first place, there is another option for anyone with marks on their criminal record. This is sealing their record, which is also outlined in the Criminal Identification Act.

When a record is sealed, any convictions or arrests remain on an individual’s record. However, that record is only available when it has been ordered by a judge. For example, while a landlord may not be able to view the record, a judge may be able to when the court would like to know if a person has any prior convictions.

When expunging a record is not an option, individuals often try to have their record sealed. Unfortunately, this is not an option for those with a DUI on their criminal record, either. DUI convictions in Illinois can also not be sealed.

How to Clear a Record of a DUI in Rolling Meadows

Unfortunately, there are only two ways to have a DUI cleared from a criminal record in Rolling Meadows. The first is if there were no charges filed. If the case is dismissed, or a person was arrested but the charges were dropped and the individual was never sentenced, the arrest and case can be cleared from a criminal record.

In the instance that an individual was convicted of a DUI, they only have one option. That is to ask the governor of Illinois for a pardon. This is rarely done, and pardons are even more rarely given. For this reason, it is critical that anyone facing a DUI charge speak to an attorney that can help. The best way to ensure a criminal record does not contain any DUI charges is to not get them in the first place.

A DUI Attorney in Rolling Meadows Can Help

It is important for anyone charged with a DUI to seek the help of a passionate Rolling Meadows criminal defense lawyer. An attorney can help individuals beat DUI charges, or get the charges reduced so that one day, they may be eligible to have the charge on their criminal record sealed or expunged. If you have been charged with a DUI in Rolling Meadows, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A DUI conviction likely means that a person will not be given a second chance to have their criminal record cleared. Our attorneys can help individuals fight the charges in court and retain their freedom, both now and in the future. Contact us for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=350&ChapterID=5

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

Common Defenses to Drug Charges in Rolling Meadows

January 29th, 2019 at 7:02 pm

IL defense lawyerBeing charged with a drug crime, whether it is a simple possession charge or the more serious charge of drug trafficking, can have serious consequences. If convicted, a person may face high fines, jail time, loss of child custody, and loss of immigration rights. After a conviction, individuals also have a permanent criminal record that will follow them for the rest of their life.

While the situation may seem hopeless, it is not. There are several common defenses to drug charges, and a qualified attorney will use them to help anyone accused of committing a drug crime.

Entrapment

Due to numerous television shows and movies that have focused on entrapment, people are often unsure whether or not this can actually be used as a defense. In Illinois, it can. Entrapment occurs whenever a law enforcement officer, or other authority, incites or induces a person to commit a crime. However, if it can be proven that the person was going to commit the crime without any interference from the officer, this defense cannot be used.

For example, if a person sells drugs to an undercover police officer, that would not be considered entrapment. The person was likely to sell the drugs anyway and just happened to sell them to a police officer. That same person, however, may have prescription drugs in their possession that were prescribed to them. If an undercover officer repeatedly asked to buy the drugs and the person declined numerous times before finally giving them the drugs, that may be considered entrapment.

Informant Credibility

Police officers often rely on the public to solve crimes. They rely on eyewitness testimony and informants to provide them with the information they would to otherwise have. In some instances though, these informants are not always credible. An informant may have reason to turn over an innocent person to the authorities, such as in divorce proceedings or if the informant is simply acting out of revenge. When an informant is not credible, the information they are giving to the authorities is not considered credible either, and this can help build a solid defense.

Violation of Legal Rights

When someone is arrested for committing a crime, they have several legal rights. One of these is the right to a lawful search and seizure, as protected by the Fourth Amendment. When officers or other authorities violate this right, any evidence obtained through that search and seizure can be thrown out of court. The same is true for Miranda warnings, and many other rights those accused of committing a crime are entitled to.

Presence of Drugs

When an individual is arrested and charged with a drug crime, law enforcement officials must seize the drugs in question. If the prosecution cannot produce these drugs as evidence during trial, the charge will likely be dropped. In a case involving drug crimes, the presence of the actual drugs in question is one of the main pieces of evidence the prosecution has. Without it, there is often no case.

Addiction and Mental Health Issues

Substance abuse addictions and mental health issues are serious problems and are also often a part of many drug crimes case. When these issues are present, often those accused may be eligible for treatment rather than harsher penalties, such as being sentenced to jail. Some of these programs, such as court supervision, allow the accused to complete a program. Upon successful completion, the case is dismissed and a criminal conviction is avoided. That allows individuals to move on with their life without a criminal record following them throughout it.

A Rolling Meadows Criminal Defense Lawyer Can Provide a Proper Defense

It is one thing to know the possible defenses available in drug crime cases. It is another thing altogether though, to argue those defenses in court in order to get charges dropped or reduced. A passionate Rolling Meadows drug crimes lawyer though, can help those accused build and argue a strong defense. If you have been charged with a drug crime, call the Law Offices of Christopher M. Cosley at 847-394-3200. Many people have addictions, were in the wrong place at the wrong time, or are completely innocent of a crime and have still been charged. A proper defense will show this, so you can move on with your life. Contact us today for your free consultation and we will start reviewing your case.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K7-12.htm

https://www.law.cornell.edu/wex/fourth_amendment

Back to Top Back to Top Back to Top