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Archive for the ‘violent crimes’ tag

What to Expect When Charged with Domestic Violence

April 25th, 2019 at 8:37 pm

Illinois defense attorney, Illinois domestic violence lawyer, Being accused of domestic violence can be terrifying. It is likely that your accuser is someone you love, and there is a possibility you could end up with a criminal record. Not knowing what is going to come next is one of the most frightening aspects of the entire process.

While each domestic violence case is different, there are a few similarities they all share. They all typically begin with a phone call to the police, reporting the domestic violence. It is important for anyone to understand that once this happens, the decision to lay charges does not rest with the alleged victim. When police respond to a 911 call to report domestic violence, they must make an arrest. After the arrest is made, the accused will face a number of hearings and possibly a trial.

The Bond Hearing

When people are accused of committing a crime, they are often able to post bond or bail. This releases them from the police station until they have their first hearing in front of a judge. According to the Illinois Code of Criminal Procedure, however, bond is not possible for those accused of domestic violence. At least, not right away.

Instead, defendants must wait for a bond hearing when they will appear in front of a judge. There is no law that states this must happen right away. Often defendants must wait until the following day, or even until the following Monday if there were arrested during the weekend.

At the hearing, a judge will only determine if the defendant is eligible to post bond, how much it should be, and whether or not to issue a protective order. The judge will consider the defendant’s criminal history and the seriousness of the alleged crime.

When a judge allows the defendant to post bond, they still cannot have any contact with the alleged victim for 48 hours. This remains true even if the alleged victim wishes to see the defendant.

The Status Hearing

The status hearing is held to determine if the case is going to trial. The court will call upon the victim to make an appearance. When the victim fails to appear, this is often enough for the courts to dismiss the case. If the court still wishes to speak to the victim, they will sometimes schedule another status hearing.

There are some cases a judge may decide to take a case to trial even if the victim was not present at the status hearing. These include when the defendant has confessed, or there is substantial evidence against the defendant.

The Trial

If an alleged victim comes forward and wishes to testify, the case will most likely move to trial. A judge will set a trial date, but this does not necessarily mean that the case will go before a jury. At this time, the defendant can ask their attorney to negotiate a plea bargain deal with the prosecution. For those that do not want to take their chances at trial, this option allows the defendant to enter a guilty plea in exchange for a reduced sentence.

Charged with Domestic Violence? Call the Rolling Meadows Criminal Defense Lawyer that Can Help

The process after being charged with domestic violence is a lengthy one, and no one should handle their case alone. An experienced Rolling Meadows criminal defense attorney can help anyone charged build a strong defense and possibly even get all charges dismissed. If you were charged with domestic violence, contact the Law Offices of Christopher M. Cosley at 847-394-3200. Cases involving domestic violence charges move quickly, and there is no time to waste. Call today for your free consultation so we can start reviewing your case.

 

Source:

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

Weapons in Schools: When Children Exercise Poor Judgement

October 21st, 2015 at 7:43 am

Illinois juvenile crimes attorney, Illinois defense lawyer, Illinois criminal lawyer, Weapons in schools is an issue that teachers, professors, principals, and school districts do not take lightly, and often any student who brings a weapon into the classroom faces severe consequences for this juvenile offense. A school can be any place of learning, which includes public and private educational institutions ranging from elementary level to college or university.

Severity of Punishment Tied to the Type of Weapon

Illinois statute 720 ILCS 5/24-1(c) specifically addresses how no one may bring weapons into a school, carry weapons on a school bus, or even have a weapon within 1,000 feet of a school. The punishments associated with these crimes vary depending on the threat or potential danger associated with the weapon.

  • Guns, rifles and bombs. Under the statute, if a person brings a weapon into a school, such as a gun, rifle, or a bomb, that person will be charged with a Class 2 felony, and faces between three and seven years of jail time;
  • Pistols, revolvers, stun guns and tasers. When the weapon that is brought into a school is a pistol, revolver, stun gun or taser (and some ballistic knives), the offense results in a Class 3 felony; and
  • Hand-held type weapons. Bringing hand-held type weapons, such as bludgeons, brass knuckles, throwing stars, knives, stilettos, razors, dangerous pieces of glass, switch blades, and any spring-loaded, or cannister-powered projectile weapons, into a school results in a Class 4 felony.

What Other Items Have Been Considered to Be A “Weapon”?

While there are the more traditional things we think of to be weapons, such as knives, guns, etc. there are some less obvious things that have also been considered to be weapons according to teachers, school administrators, and the courts. For example, tools, such as pliers, wrenches, screwdrivers and box cutters were considered to be “weapons” according to the United States District Court for the Northern District of Illinois Eastern Division in Douglas Bartlett v. City of Chicago School District #299 et al., (Case No. 1:13-cv-02862 (Ill. N. D. 2014)). However, it should be noted that in the Bartlett case, the person who brought the alleged “weapons” to school was a teacher, and not a student.

While state law does specifically define certain types of weapons that are not permitted in schools, case law in the state indicates that there are many other items that, if brought to school, could be construed as a weapon.

When Children Face Weapons Charges

With all of the scary media coverage of school shootings, it is frightful to think that kids would take weapons to school. But only a relatively small number of cases where students bring weapons to school result in the student using the weapon to hurt others. More often, a student will bring a weapon to school to show their friends, or might do it on a dare, without the intention of hurting anyone. Sometimes a student will take a weapon to school because they think they need it for self-defense against a bully. Children do not necessarily understand the full impact that taking a weapon into a school has.

Call the Law Offices of Christopher M. Cosley

If your child exercised poor judgement and brought a weapon to school, or if your child brought something that he or she felt was harmless to the school and is now facing weapons accusations from the school, please do not hesitate to contact a passionate Rolling Meadows juvenile crimes lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for help today

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1

https://www.rutherford.org/files_images/general/04-17-2014_Dow-Opinion.pdf

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