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Defenses to Disorderly Conduct
Disorderly conduct
can seem like a minor crime, and the circumstances leading up to it can seem quite innocent as well. If convicted though, an individual can face harsh penalties, including jail time. It is for this reason that anyone charged with disorderly conduct needs to speak to a criminal defense lawyer in Rolling Meadows as soon as possible. There are defenses available, and an attorney will use them to give defendants the best chance of having the charges dropped or reduced.
Disorderly Conduct in Illinois
The Illinois Statute pertaining to disorderly conduct is found at 720 ILCS 5/26-1. It outlines a number of behaviors that are considered disorderly conduct. These include:
- Breaching the peace;
- False fire alarms;
- Reporting a false bomb threat;
- Threats of violence or destruction in a school or on school property;
- Falsely reporting a crime;
Understanding Domestic Battery in Rolling Meadows
People that live in the same house and are in close relationships sometimes fight and argue. Most often these arguments are vocal, with those involved saying things they did not mean before quickly forgiving each other. Sometimes though, these arguments turn into much more. When that happens, and an argument turns violent, it could result in a domestic battery charge.
It is natural for those charged with domestic battery to be confused about the charges. What exactly does a domestic battery charge involve? What penalties could a person be facing? Here domestic battery in Rolling Meadows is broken down, so anyone charged can understand what they are facing, and get the legal help they need.
The Legal Definition of Domestic Battery
Under Illinois statute 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a person in the same household. Making physical contact with another person in the household can also be considered domestic battery if that contact can be considered provoking or insulting in nature.
What Is 410 Probation in Illinois?
According to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.
Felony Possession Charges in Illinois
Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:
- 15 grams or more of LSD, morphine, heroin, or cocaine;
- 30 grams of more of pentazocine, ketamine, or methaqualone; or
- 200 grams or more of amphetamines, peyote, or barbituric acid.
The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.
Are Tenants that Refuse to Leave Criminally Trespassing?
Being a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?
Illinois Statute 720 ILCS 5/21-3
The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.
This sounds like it would cover a situation in which a tenant will not leave after being evicted, or asked to leave, by their landlord. However, it does not. The statute has some exceptions.
One of these is when the person being asked to leave is living on the land. Furthermore, anyone invited onto the land by the tenant that will not leave is also not considered to be criminally trespassing, even if the owner has asked them to vacate the premises. For these reasons, a person is most often charged with criminal trespassing when they have unlawfully entered, or refused to leave, a business or public area, not when they are in their home.
What Is Aggravated Speeding in Rolling Meadows?
For most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.
What Is Aggravated Speeding?
According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.
Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.
Should I Pursue a Legal Separation Before Divorcing My Spouse in Illinois?
If you and your spouse are considering ending your marriage, you may have questions about legal separation. Although divorce is the most common way a married couple splits, it is not the only option Illinois couples have. A legal separation is a special court order that dictates the rights and responsibilities of a couple. A legal separation does not technically end a marriage, but it functions very similarly to a divorce. Although legal separations are less common than divorce, they can be a beneficial legal tool for spouses who have personal or financial issues upsetting the marriage. There are advantages and disadvantages to both divorce and legal separation. A qualified Illinois family law attorney can help you further understand which option is best for your unique family and financial situation.
Differences Between Divorce and Legal Separation
The most important difference between legal separation and divorce is that a legally separated couple remains legally married whereas a divorced couple is no longer legally married. Some couples choose a legal separation instead of a divorce specifically because this option allows them to stay legally married. Remaining legally married is important to some for cultural or religious reasons. A separation also preserves most healthcare and social security benefits that are generally terminated through a divorce. Divorce ends spouses’ rights to property benefits upon the death of the other, but couples with a legal separation still have property rights.
Understanding the Basics of Parenting Plans in Illinois
Among all of the decisions made during a divorce, issues pertaining to children are some of the most important elements that must be settled. These issues can include parenting time, decision-making responsibilities, and other child-centered concerns. All of these things will be covered in a parenting plan, which Illinois requires as a part of your divorce settlement if you have children. Parenting plans are written agreements that outline all legal issues, from which parent has a child and when to how decision-making responsibilities will be shared or divided. Parenting plans can be difficult to negotiate, but they can save a lot of headache in the future.
Elements of a Parenting Plan
Before you go before a judge to determine a parenting plan, Illinois courts allow you and your spouse to come up with your own agreement. If you cannot come up with your own parenting plan, you will be ordered to attend mediation to help you formulate a plan. If you still cannot come to an agreement, you will have to attend a court hearing so a judge can make decisions pertaining to your parenting plan.
Aggravated Battery of a Child
The death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.
Aggravated Battery of a Child Is a Felony
Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:
- Knowingly causing serious bodily injury, disfigurement, or disability; or
- Knowingly causing bodily harm, disfigurement, or disability;
Crimes Against Undocumented Immigrants
With all of the political talk about illegal immigrants coming into the country who may be criminals, it brings another question to mind: what rights do illegal immigrants have when it comes to being protected by the law? Are crimes against illegal immigrants punishable, and if so, are perpetrators penalized to the same extent that they would be had the victim been a U.S. citizen?
Undocumented Immigrants and Workers Fear Retaliation
The National Immigration Project reports that immigrant victims are in fear of “reporting violent crimes and labor violations to law enforcement and working with the criminal justice system will expose them to deportation.” These victims also fear that they will be separated from their children and banished from the U.S. permanently if they do seek traditional victim support systems through law enforcement.
Senate Bill 34 VOICES Act Now Law
Senate Bill 34, the Voices of Immigrant Communities Empowering Survivors (the VOICES Act), is now law after the Illinois Senate and House both passed over Governor Bruce Rauner’s veto. The law states that police must investigate complaints of abuse and assault in a timely manner when the victim or alleged victim is an undocumented immigrant. By filing a report, immigrants can use them to work towards citizenship and visas. Opponents of the law argue that some undocumented immigrants will report crimes simply to further their chances of receiving citizenship. On the other side, proponents argue that undocumented immigrants and workers suffer fear of retaliation from their employers and fear of being deported if they speak up about a crime that was committed against them or a crime that they witnessed happen to another person and that this law will help remedy those fears.
How to Survive the Holidays After Your Illinois Divorce
For many people, December means delicious food, spending time with family, exchanging presents, and enjoying the season. Unfortunately, for many families, the holiday season also means a time of stress and emotional tug-of-war. When parents are divorced, the holiday season can be difficult, because not only must they decide when they each will have the children, but they will also need to juggle all of the events that take place during the holidays, such as plays, concerts, recitals, holiday parties, and gift exchanges.
Here are a few ways that divorced parents can have a joyful and happy holiday season:
Plan Well in Advance
Like most things in your co-parenting relationship, a successful holiday season will largely depend on how you plan for it. Ideally, both you and your ex will be able to attend all of your children’s events. If you cannot stand to be in the same room as each other, make a plan to pick and choose which events you will be attending and which events you will sit out.
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At Cosley Law Office, we represent clients throughout Illinois, including Arlington Heights, Barrington, Buffalo Grove, Des Plaines, Elk Grove Village, Glenview, Hoffman Estates, Inverness, Long Grove, Mount Prospect, Mundelein, Northbrook, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Schiller Park, Wheeling, and Wood Dale, as well as Cook County, Lake County, DuPage County, and throughout the Chicago, IL metropolitan area.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100