Recent Blog Posts
Understanding The Difference Between Traffic Misdemeanors And Felonies
Traffic offenses, or infractions, are typically issued due to non-dangerous moving violations, and other mechanical violations. These violations are less offensive and carry lesser penalties, however, there are other traffic-related violations that can carry more offensive violations: traffic misdemeanors and traffic felonies.
Here is the difference between these two more serious traffic offenses:
Traffic Misdemeanors- This violation often involves an injury to an individual, destruction to property, or poses a threat to either an individual or property. Even though these violations are less serious crimes than felonies, the typical punishment consists of a hefty fine, or even incarceration. These violations vary by state, but usually include the following:
- Driving while under the influence of drugs or alcohol
- Failure to stop at the scene of an accident
How Social Media Effects Divorce
Those who are regular Internet users or have social media accounts including Facebook Instagram and Twitter should take caution if they are in the middle of a divorce or child custody battle. Any networking websites that you are a part of should be avoided at all costs and living in today’s society, it can be easier said than done. The reason why the lawyers at Cosley Law Office strongly encourage this to their clients is because any social media activity can hurt your case if used improperly.
If you do decide to continue the use of social media during a divorce, it is important to remember not to post or update your account as often as you normally would and to always keep your personal information private. If these social media sites are used incorrectly and inappropriate words are posted and the opposing party finds it online, it is hard evidence that they could use against you in court. As said before, this is easier said than done. We sometimes post things or update our profiles without even thinking through the consequences it could bring.
New Law Takes Aim at Domestic Violence Offenders
Domestic violence cases often are troubling situations that bring up serious issues. These charges are not limited to one group or a specific type of offender; anyone from any socioeconomic, racial, or ethnic background can be involved in such a scenario. This is further evidenced by a news story that has become popular as of late. Since the official start of the 2014-2015 National Football League (NFL) season, news and other media outlets have been consistently reporting on a notorious domestic violence incident that became public knowledge in February of 2014, but has garnered new and deserving attention since more details of the incident surfaced recently.
Illinois Domestic Violence Law Signed
Even before this news story concerning the professional football player garnered renewed attention, officials in the state of Illinois had their attention turned to the topic of domestic violence. At the end of August, Governor Pat Quinn signed legislation known as “Diane’s Law” into effect. The law is meant to provide protection to survivors of domestic violence by allowing courts to order risk assessment evaluations as a condition of bails and to require electronic surveillance via GPS monitoring of those charged with the crime in order to enforce restraining orders. Charges covered by the new law will include domestic battery, kidnapping, stalking, harassment, and attempted murder.
Illinois Prosecutors Taking Aim at Truancy
Cases involving juvenile criminal offenses deserve special consideration, especially since many of these cases present an important opportunity to get a child or adolescent back on track. Truancy cases involve a particular set of concerns, mainly because they not only implicate a juvenile and his or her actions, but could implicate the juvenile’s parents or guardians in criminal liability as well. Prosecutors in several counties in the state of Illinois are charging an increasing number of parents with the crime of truancy.
Criminal Charges for Parents
Both St. Clair County and Madison County in Illinois have been focusing on charging a juvenile’s parents with the crime of truancy if their children are offenders. This is apparently part of a larger movement across the country to address the issue of truancy. According statistics, officials in St. Clair County have charged 13 parents so far this year with truancy because their children are chronically absent from school. This number has increased from eight in 2013, and just one parent in 2012. Madison County has charged a surprising 30 parents so far this calendar year with the crime, up significantly from 10 last year and seven parents in 2012. The offense is graded as a misdemeanor and can result in imprisonment of up to 30 days, imposition of a fine, or both. According to Illinois law, a child is considered truant if he or she has nine days of unexcused absences in the previous 180-day period.
Do Risk Assessments Have a Place in the Criminal Justice System?
According to a recent article published by the Pekin Daily Times, predicting future risk within the context of the criminal justice system has gotten significant attention lately. As described in the article, the concept of predictive analytics involves taking information from a large amount of data in order to identify patterns and make future predictions. While not always 100 percent accurate, the process does reveal information about the future that is somewhat reliable. The practice of predictive analysis is typically used in the business world, in making military decisions, and in scientific study. Now, it seems to also be leaking into the criminal justice system, which may not be a good thing.
Risk Assessments at Sentencing
U.S. Attorney General Eric Holder recently gave a speech in which he stated his position on using risk assessments at the sentencing of criminal defendants: he does not think it is a good idea. Holder went so far as to caution against such use, saying his concern is that doing so has the potential of seriously undermining efforts at individualized and equal justice. Equal justice, he said, can only be achieved using an individualized approach that takes the particular defendant, along with the crime committed, into consideration.
Tickets Issued as Result of Red Light Cameras in Chicago
Almost every driver will tell you that receiving a ticket for a driving infraction is a hassle. According to a recent article published online though, many Illinois motorists may have more to complain about than the average driver. The article reported that potentially thousands of Chicago drivers may have been issued undeserved tickets in connection with red light cameras used within the city. Apparently there has been a series of sudden spikes in such traffic citations that city officials have been unable to explain.
The Investigation
The Tribune conducted an investigation into the over four million tickets issued to drivers since 2007. They found that deviations in the city’s network of 380 red light cameras were caused by both faulty equipment and human adjustment. Many of the spikes in ticketing reportedly lasted weeks, despite the fact that ticketing patterns were supposed to be monitored every day. Transportation officials in Chicago claimed they had no knowledge of such significant deviations associated with ticketing and the equipment. Now, questions are being raised about the traffic enforcement program in Chicago. A federal corruption probe is allegedly underway. To be clear, the true cause of the influx in tickets has not yet been determined. Potential sources being suggested include everything from corruption and bribery, to technological issues and malfunctions, to something that was purely an oversight and accidental.
What You Should Know About Texting While Driving
Starting this year, Illinois banned the use of all hand-held devices while driving, only permitting the use of hands-free devices such as speakerphones, Bluetooth, and headsets. In addition to this ban, the state of Illinois implemented other rules pertaining to cell phone use, including the prohibition of using a cell phone while driving in a school zone, in a construction zone, as well as prohibiting cell phone use if you are a novice driver.
In addition to Illinois’ ban on cell phone use, they have also placed a ban on texting while driving. According to Illinois’ anti-texting law 625 ILCS 5/12-610.2, it states that, “a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.”
While this law includes electronic devices such as cell phones, personal digital assistant, or a portable computer, there is a list of electronic devices that are permitted, such as GPS and navigation devices, as well as electronic devices that are integrated into the vehicle.
Retail Theft: First-Time Offender Information
Being charged with the crime of retail theft in the state of Illinois is a serious matter. Not only can such charges have criminal penalties, but they can have consequences that can affect other areas of the offender’s life, as well. These consequences often include the ability to obtain employment, qualify for housing, and be approved for a loan, among other things. Taking all of this into account, it is clearly important to consult with a knowledgeable criminal defense attorney for those who are charged with the crime of retail theft.
Grading of Charges
The severity of the charges an offender will face depends on both the value of the item or items stolen, as well as any prior criminal history of the defendant. The crime of retail theft can be graded as a misdemeanor or a felony, and the potential jail time and fines an offender may face varies with the severity of the charges. First-time offenders for retail theft, whose case does not exceed a value of $300, will be charged with a Class A misdemeanor, which carries a maximum jail term of one year and up to a $2,500 fine. If the value exceeds $300, the offense will be considered a Class 4 felony, even if it is just a first offense. Such a graded offense is punishable by a maximum jail term of three years and a fine of up to $25,000.
Understanding The Consequences Of A Revocation
Being charged with a DUI can have a number of repercussions. Depending on the number of times you have received a DUI, as well as the severity and the nature under which you received the DUI, can all play a key factor in the suspension or revocation of your driver’s license.
Understanding A Revocation
Revocation of a driver’s license is a much more serious offense than a suspension. When one has been convicted of a DUI, this often times results in the revocation of your license. However, in the state of Illinois, many first time offenders may receive supervision. Since supervision is not a conviction, this will not be a cause for revocation, but only if your first offense did not involve injury or other aggravating circumstances.
Unlike the suspension of a license, revocation can be forever. In order to get your license back, The Secretary of State requires that your record be clean, you must obtain a drug and alcohol evaluation, as well as treatment, and you must appear at your hearing.
Chicago Suburbs Lead in DUI Arrests
Although it may seem like more people recently are being arrested for driving under the influence (DUI), it should still be considered a serious offense that deserves the proper attention. Depending on the circumstances, an individual convicted of a DUI can face a substantial prison term, in addition to subsequent supervision and related costs and fines. Considering these potentially harsh penalties, it is advisable to consult with an attorney who is experienced in handling various types of DUI matters for those who are charged with the offense.
DUI Penalties
The sentencing guidelines for DUI offenses increase in severity depending on the circumstances surrounding the offense. The penalties are more severe for those convicted of multiple DUIs in the past than they are for a defendant who has been charged for the first time. Still, even those convicted of DUI for the first time can face a maximum of one year of incarceration and an additional six months if a child was in the car while the offender was operating it. Other factors, such as an accident, or the injury or death of another as the result of the DUI, would enhance sentencing structures, as well as lead to additional criminal charges.


