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The Law Offices of Christopher M. Cosley
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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.

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Illinois defense attorney, IL criminal lawyerIt was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

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IL defense attorney, Illinois criminal lawyerThe last week of April was Distracted Driving Awareness Week in Illinois, and troopers all across the state participated. Over the seven-day span, they issued a total of 566 distracted driving tickets. The campaign could not have come at a better time, as drivers in Illinois are about to face much steeper penalties if they regularly text and drive.

Current Illinois Law on Texting and Driving

Currently in Illinois, it is illegal for any driver to use a handheld device while driving. This is covered under the statute 625 ILCS 5/12-610.2. This law, which is one of the stricter distracted driving laws in the country, states that no driver shall hold a cellphone or electronic device, including tablets, while they are behind the wheel of a car that is moving.

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IL traffic attorneyIn the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.

Scott’s Law

According to 625 ILCS 5/11-709, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”

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Posted on in Felony

IL defense lawyerRecently in Macon County, a man was found guilty of delivering heroin, which is a Class X felony. While many people understand what a Class 1 or Class 4 felony is in the state, what exactly is a Class X felony in Illinois?

Other than first-degree murder, which is not classified, a Class X felony is the worst charge a person can face. It has mandatory jail time, and sentences are typically for a long period of time. Due to this mandatory sentence, negotiating with the prosecution to reduce the Class X felony charge is very difficult. Anyone charged with this type of felony in Illinois must speak to a Rolling Meadows criminal defense attorney to give them the best possible chance of success in court.

Class X Felonies in Illinois

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10.0Christopher M. Cosley News 10 Best Superior DUI Attorney Top 100 Award ASLA Elite Lawyer 2017 Criminal Defense DuPage County Bar Association Illinois Association Of Criminal Defense Lawyers Illinois State Bar Association BBB Illinois Trial Lawyers Association National Association Of Criminal Defense Lawyers Northwestern Suburbs Bar Association
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