Recent Blog Posts
Termination of parental rights in Cook County, Illinois
The termination of a Cook County parent's rights is one of the most extreme family law measures that a court can take. Generally the termination of a parent's rights is done outside of the context of a divorce and is based on the best interests of a child.
When a petition to terminate parental rights is initiated, a court follows a two-step process outlined in the Juvenile Court Act.
Step one is for the court to consider whether there is "clear and convincing evidence" that a parent is an unfit person as defined in the Illinois Adoption Act.
The second step to terminating parental rights is for the court to consider whether such a drastic move would be in the best interests of a child.
Generally the "best interests" analysis is the most subjective and complex part of court proceedings. Illinois courts consider 10 factors in determining whether terminating a parent's parental rights is in a child's best interests:
- The child's welfare and physical safety.
What can be Included in a Domestic Violence Order of Protection?
If you have been accused of domestic violence, you have likely already experienced several challenges in attempting to clear your name. Sometimes victims of an alleged domestic violence act will follow their legal charges with a request for a protective order. Protective orders can have serious consequences for the accused abuser, and it’s important that you hire an attorney to represent you before you lose important privileges and rights as a result of a protective order.
In Illinois, protective orders are only available to family or household members connected to an alleged abuser. There are many different ways that a protective order can be specified. Depending on what the individual requesting the order articulates, several different requirements may be put into the order, including:
Illinois Age of Consent and What it Means
When teenagers begin to date, usually they meet at school and most often, they are the same age. As teens branch out however, meeting people from other schools, hanging out with people from work and meeting new people in the community, they sometimes date older men or women.
When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated.
Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17 and someone 18 or older in Illinois willingly have sex, charges can still be filed against the older person because the partner is a minor.
Although this law typically pertains to men and women that are significantly older than their underage significant other, it also technically applies even to high school students who may only be a couple months apart in age. In those few months in which one partner has reached the age of consent while the other has not, they are committing statutory rape when participating in sexual activities.
Man Kills Woman and Hides Body in Mother’s Home
A case of murder with a bizarre twist was reported by theChicago Tribune. It is alleged that Benjamin Esquivel murdered 49-year-old Burnadine Kinsey and hid her body in his mother’s home.
It is alleged that after being intimate, Esquivel and Kinsey got into an argument, which ended with himstabbing her several timesin the face, head and body. He then put her body, wrapped in sheets and a blanket, into a closet in the home that he shares with his mother. It is reported that Kinsey’s home was just three blocks away from Esquivel’s. His mother returned home and saw the body. She allegedly confronted her son about it and instead of calling law enforcement, she and her sister left the apartment.
Esquivel, who is 20 years old, called his friend Juan Ramos, 37, to ask what he should do with the body. They allegedly went to a nearby Home Depot to purchase tarps, duct tape, rubber gloves, and a soda. They returned to the apartment and wrapped the body in the tarps and tape. At that time, they returned the body to the same closet.
Two Juveniles Among Three Charged in Murder
According to a recent report by the Chicago Tribune, a man and two teenagers have been charged in the murder of an Englewood man. The man was found stuffed into a trashcan in the alley.
Cook County prosecutorsallege that a dispute started when 51-year-old Ernest Pritchett III walked into the front yard of 32-year-old Bryan Perkins. Perkins asked Pritchett for the money that he was owed. When he stated that he did not have the money, it is alleged that Perkins grabbed a piece of a fence and started hitting the older man in the head with it. At that time, two teens joined in the beating. The 16 and 17 year old began kicking and stomping Pritchett. Perkins then picked up a large rock and hit the man with it.
Perkins retrieved a rolling trash can from the alley and with the assistance of the teens; he put Pritchett’s body inside of it. He then proceeded to roll the trash can several blocks down the street, where he abandoned it.
Illinois Marijuana Laws
Marijuana, Mary Jane and pot are all names for the drug that come from the plant Cannabis Sativa. It is a very common drug in high schools and colleges across the country and has even made its way into quite a few movies in recent years, like “21 Jump Street” and “Pineapple Express”.
It is a psychoactive drug that is sometimes inhaled from a rolled cigarette, or joint, but can also be consumed when mixed into recipes such as brownies, cookies, butter or candy.
According to the University of Illinois marijuana laws, the marijuana that is used today is as much as ten times stronger than it was in the early 1970s.
Effects of marijuana include an increased heart rate, dry mouth and throat, bloodshot eyes, sleepiness and increased appetite.
Not only is marijuana illegal in most states, including Illinois, possession and sale of marijuana is also against the policies of many colleges and universities, including the University of Illinois. If a student has been found with marijuana, he or she may find herself in serious legal trouble, as well as suffering consequences related to school and financial aid.
Chicago man may get help after row with police
A homeless Chicago man may find some mental health help after causing a scene with Chicago Police Officers in Uptown last week. Huffington Post reports that the 41-year-old man was arrested on the North Side last Wednesday.
The Chicago Tribune reports that the homeless man was attempting to sleep when someone reported him as trespassing. When police officers attempted to move him, he allegedly threw items at the officers.
Several media outlets report that in addition to allegedly pepper spraying the officers, the homeless man also tossed bottles of bodily waste at the officers.
The man faces several charges including aggravated battery, resisting a peace officer and criminal trespass.
James Cappleman, the 46 Ward Alderman, expressed relief on his Facebook page that the homeless man may finally get some mental health help.
Suspended Illinois Licenses
Usually, if someone has a relatively clean driving record and they get a ticket, they have the opportunity to have the points removed from their license. When those points cannot be removed, however, they can add up quickly because they are on your record for at least two years. Once you get too many points, you may lose your license for an extended period.
If you are unsure whether your license has been suspended, it is important to find out; driving with a suspended license can have stiff penalties. To view your driving record, which will inform you of the state of your license, you can contact your Secretary of State’s office.
The Secretary of State can give you a copy of your driving record online, in person or by mail. If you request one in person or by mail, you must provide your full name, driver’s license number, your date of birth and a $12 processing fee.
The Steps of A DUI Arrest
Knowing what to expect in a DUI arrest can be helpful if you are involved in an incident. Knowing what’s required of the officer and what steps should be taken to protect your rightscan also make a difference in the success or failure of your DUI case. If you have been charged with a DUI in Illinois, you need the help of an experienced criminal attorney.
At the outset of the arrest, the officer will stop a vehicle at a roadside safety check or for probable cause, reasonable suspicion, or unusual operation. The officer should then observe the driver and request proof of a driver’s license, insurance card, and vehicle registration information. In the event the officer does not suspect operation of the vehicle under the influence, he or she will release the driver without any further charges.
If the officer suspects that the driver is under the influence of alcohol, he or she will ask the driver to submit to field sobriety tests. If the field sobriety tests give the officer probable cause, the driver can be arrested for DUI and taken to the local police station. The driver should be asked to submit to chemical testing for the breath, blood, or urine.
Sufficiency of evidence in appellate cases
Last week we extensively covered a case involving a Chicago man named Gary who was challenging his conviction of aggravated battery against his neighbor's girlfriend. Ultimately the problem is that sufficiency of evidence appeals are notoriously hard to win in cases that hinge on the testimony of witnesses rather than hard physical evidence.
In reviewing a case based on sufficiency of evidence, a Cook County appeals court asks whether any rational trier of fact could have found the essential elements of a criminal offense beyond a reasonable doubt. The court views the evidence in a light most favorable to the prosecution and makes all reasonable inference in the prosecution's favor.
This means that that even if the appeals court judge would have decided the case differently, the court will uphold a verdict if it is possible that any reasonable trial court or jury could have decided in favor of the prosecution.
This makes it easy to see why the court could not overturn the Gary's aggravated battery conviction. Although it's highly likely that his neighbors were more intoxicated and hostile than they admitted to, it is also likely that Gary had ill-will toward his neighbor and hit Tara in the heat of the argument.
Schedule Your Free Consultation
Arlington Heights Office 3030 Salt Creek Lane, Suite 120 Arlington Heights, IL 60005 Phone: 847-253-3100
At Cosley Law Office, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area.
Results listed are not a guarantee or indication of future case results.
© 2026 Cosley Law Office
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100