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DuPage County criminal defense attorneysYour Constitutional rights are meant to protect you from wrongful criminal persecution. The cornerstones of our society, they clearly state that you are innocent until proven guilty beyond a reasonable doubt. Yet, there are some little known laws that can leave you or your loved ones feeling like a victim of the justice system, even if you have done nothing wrong. Long overdue for an overhaul, these laws date back to the 1980s and grant police officials the authority to seize your property without ever having to push for a warrant or even bring criminal charges against you.

Civil Asset Forfeiture Laws in Illinois Asset forfeiture laws were originally implemented to give police a way to seize the illicit property of suspected drug dealers, burglars, and the like. But, over time, the laws have been used to seize the cars of people who were allegedly caught driving on suspended licenses, money from people who seemed to be carrying too much cash, and homes from those who are merely suspected of committing illicit acts from inside of them. No criminal charges have to be brought. No warrant is needed. Officers are able to seize property on little more than mere suspicion, but to get it back, the original owners have to provide compelling evidence that it was not involved with a crime. Abuse of Power and Victimized Citizens Proving that your property was not involved in a crime is not as easy as it sounds. It is a time-intensive and often expensive process. First, you have to pay a bond of $100 or 10 percent of the property value (whichever amount is greater) to even have a chance at contesting the seizure. If you lose your case, the local police department can keep up to 80 percent of your bond. Your property will also be sold and all proceeds go to Illinois law enforcement. From 2000 to 2013, law enforcement brought in more than $200 million in bond forfeitures. From 2009 to 2013, they took in more than 45,000 property seizures valued at more than $113 million. And, in 2010, a former Grant Park Chief of Police was arrested and sentenced to federal prison for allegedly accepting bribes and keeping cash from seized assets. Yet the laws remain the same. Citizens – both those charged with criminal offenses, and those that never face charges – are being taken advantage of. How Our Criminal Defense Attorneys Can Help

With more than 25 years of experience, Stephen A. Brundage, Attorney at Law, has handled a wide range of criminal matters. Knowledgeable and highly skilled, we can evaluate your situation and guide you in determining the next steps. We are committed to your best interest and are prepared to aggressively represent you, regardless of the complexities you may be facing. Contact our seasoned DuPage County criminal defense attorneys today to schedule your free initial consultation. Call us at 630-260-9647 today.

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types of cybercrime, DuPage County Criminal Defense AttorneyUse of the Internet has become a ubiquitous part of everyday life. Likewise, cybercrime has also become part of everyday criminal activity and law enforcement. And while the Internet may have once seemed like a safe haven for criminal activity, where illegal actions were supposedly shrouded in the anonymity of the online world, this is no longer the case.

Just as cybercrime itself has become more involved and advanced, so has the ability to prosecute it.

Silk Road 

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construction zone, Illinois Criminal Defense LawyerThere is a good reason that the speed limit changes and is strictly enforced in areas that are under construction. While the rate of accidents in a construction zone have steadily decreased in recent years, there were still more than 87,000 crashes in work zones in 2010, the most recent year for which data is available. While this is less than 2 percent of the total number of roadway crashes in any given year, it is still a staggering number—and 30 percent of these accidents resulted in injury.

The vast majority (70 percent) of work zone accidents occur, perhaps surprisingly, during the day between the hours of 8 a.m. and 5 p.m. One can then reasonably infer that the rate of roadside crashes in a work zone were less likely to be the fault of DUI and more likely attributed to driver error and negligence.

The types of crashes that occurred in the day versus nighttime vary wildly. At night, regardless of whether or not there were lane closures or active work, the percentage of type of crash hovered at about 30 percent each. Conversely, crashes in zones in which there was active and no lane closures amounted for more than 50 percent of work zone crashes that occurred during the daytime. Work zones with active work and lane closures, and those in which there was no active work or lane closures, amounted for roughly 47–48 percent of work zone crashes.

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Posted by on in Sex Crimes

sexual assault in Illinois, DuPage County criminal law attorneySexual assault is not defined as just rape or forced sexual activity. There are several types of sex crimes that one can be accused of. Also, some people are all too aware that accusations of sexual assault can lead to serious legal consequences and even ruin someone's life. It is important to contact an experienced criminal defense attorney if you have been falsely charged with a sex crime.

Different Types of Sexual Assault

One form of sexual assault is acquaintance or date rape. This is sexual assault perpetrated between two people who know each other. They were perhaps out together with the understanding that their relationship had the potential to move in the direction of physical intimacy.

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In a given year, there are dozens, if not hundreds, of pieces of legislation which make their way through the state government and end up being signed into law. Many bills set a future date on which they are set to take effect and in a large number of cases, a new year provides a convenient starting date for new laws. This year, more than 200 new or amended laws became effective on January 1, covering a wide range of issues from traffic and vehicle concerns to children and family interests to the criminal code and law enforcement, including record expungement.

While many of the new laws seem rather bureaucratic, there are several which may be of interest to the public at large.

Ban on Ticket Quotas (PA 98-0650)

It is not uncommon for a driver who has received what he or she perceives to be a questionable traffic ticket to assume the issuing officer was just trying to make his numbers. However, beginning in 2015, it is now illegal for a police department to mandate ticket minimums for its officers. Additionally, the number of citations issued by a police officer may no longer be used a job performance measure.

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