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Common Types of Cybercrime

 Posted on March 30, 2016 in Criminal Law

Illinois cybercrime, DuPage County Criminal Defense AttorneyThere are several different types of cybercrime that continue to plague our society, and while they may seem removed from everyday lives, because of the anonymous nature of the crime, they are in no way victimless offenses.

One of the most common types of cybercrime is identity theft. This can happen in several ways, from a stolen credit card number which is then used to make fraudulent online purchases, to someone breaking into an email or other sensitive account in which important passwords or other identifying information was kept.

Other common types of cybercrime include cyber-bullying, email spam, the dissemination of illegal content, online sexual abuse, and general online scams.

One of the scariest and most difficult aspects of cybercrime to manage is the fact that it is perpetrated against all types of people from all socioeconomic and technological backgrounds—they are often even perpetrated against large businesses. That is, if a person’s credit card is stolen and he or she reports the transactions as fraudulent, the business from which the fraudulent purchase was made will often have to compensate for the loss.

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Accidents in Roadway Work Zones

 Posted on February 29, 2016 in DuPage County criminal defense attorney

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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Consequences for Criminal Convictions Outside of Jail or Prison Time

 Posted on January 22, 2016 in DuPage County criminal defense attorney

criminal convictions, DuPage County Criminal Defense LawyerMost people believe that jail or prison time is the most common—and perhaps only—consequence for a criminal conviction. The reality is that many first time offenders will often serve little or no jail or prison time at all. However, that does not mean that a criminal conviction does not come with serious life changing consequences.

Probation

When you are convicted of a crime, but you are not sent to jail, you may be placed on probation and will have to report to a probation officer regularly. You have to allow yourself and your property to be searched at any time. Additionally, you will probably be subject to polygraph tests and drug tests. Finally, you will have to report whom you are associating with and where you have been.

If you fail to meet the conditions of your probation, your probation may be extended or you may have to go to jail. It is possible to be on probation much longer than the amount of time you would have gone to jail.

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Defining Sexual Assault in Illinois

 Posted on December 30, 2015 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.

Date rape occurs when one party decides that he or she is not ready for physical intimacy, but the other person—oftentimes because of the mutual understanding of the potential future of the relationship—does not take no for an answer.

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Speeding Through School Zones

 Posted on November 30, 2015 in Traffic Violation

speeding school zone, DuPage County traffic lawyerSchool zones pose specific dangers for drivers on the road. No matter what state, driving through a school zone will require the driver to slow down considerably when school is in session, and also require the driver to be aware of and adhere to other driving laws as well. School zones were established in an effort to make the area surrounding the school safer for children walking around the premises. In many instances, school zone laws may seem archaic, as very rarely do children walk to school anymore—though the laws regarding school zones are very much still in effect.

Illinois Laws on Speeding

In Illinois, the law requires that all drivers slow down to 20 miles per hour when driving through a school zone. This stipulation is in effect from 7am until 4pm, when school is in session, though Illinois allows that drivers do not have to slow all the way down to 20 mph if all the children are inside the building for classes.

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Online Solicitation of a Minor

 Posted on October 28, 2015 in Sex Crimes

Online Solicitation of a Minor, DuPage criminal defense lawyerThe days of luring a child into an unmarked van as a parent’s greatest fear when it comes to the sexual exploitation of children are long over. A groundbreaking study by the University of New Hampshire revealed that an astounding 13 percent of young people were sexually solicited by an adult online—and that not all these adults were necessarily classified as "online predators."

An online predator is someone who acts on the solicitation, who seeks sex, for example, with a minor or who attempts to meet with the minor in person. Online solicitation, conversely, is the act of convincing a young person to chat online about sex or to share personal or vulgar information, such as a bra size, for example.

Internet Sex Crimes

One of the strangest findings in the study is the fact that the victims of such solicitation were rarely shaken by the exchange: two-thirds of children surveyed who had been victims of online solicitation did not view the situation as threatening or serious. Additionally, almost all children who had experienced such behavior were savvy enough to end the exchange easily and effectively. In the same way that the Internet is opening up new threats for children, children themselves are learning how to anticipate and react to such threats at the same pace.

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Refusing a BAC Test: Know the Risks

 Posted on September 08, 2015 in DuPage County criminal defense attorney

bac test refusal, statutory summary suspension, Illinois Criminal Defense AttorneyOver the last several weeks, police departments around the country set up thousands of sobriety checkpoints in an effort to reduce the number of drunk drivers on the road. As part of the National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over campaign, the effort included more than 10,000 local and state police agencies, including many in northern Illinois. If you were stopped at one of these recent checkpoints, you may have been asked to submit to breathalyzer testing to check your blood alcohol content (BAC). No matter how much you have had to drink, your refusal to submit to BAC testing can have serious consequences.

Implied Consent in Illinois

By driving a motor vehicle on Illinois roadways, the state's vehicle code presumes that you have granted implied consent to submit to requested chemical testing. Such testing may be done a preliminary basis to establish probable cause, or subsequent to an arrest on suspicion of driving under the influence, or DUI. While you cannot be criminally prosecuted specifically for refusing a BAC test, there are other applicable penalties that may be imposed.

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Governor Rejects Marijuana Bills, Sends Amendments Back to Legislature

 Posted on August 21, 2015 in DuPage County criminal defense attorney

marijuana, governor, DuPage County Criminal Defense AttorneyLate last week, legislative efforts to loosen the state's policies on marijuana were temporarily derailed as Illinois Governor Bruce Rauner used his amendatory veto power to send two bills back to the House and Senate. Both measures addressed the legality of marijuana to an extent, each taking aim at separate issues. State lawmakers must now decide whether to accept the governor’s changes or to start over with fresh legislation.

Delayed Decriminalization

Of the two bills, the one with the larger expected impact sought to decriminalize low-level possession of marijuana to a petty offense. Under current law, marijuana possession is a misdemeanor criminal offense, punishable by prison terms and large fines. The measure, originally introduced in the House by Chicago Democrat Kelly Cassidy, would have made possession of up to 15 grams of marijuana an offense similar to a traffic ticket, subject to a fine of $55 to $125.

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Sign and Drive: A Step Forward for Illinois Drivers

 Posted on July 17, 2015 in DuPage County criminal defense attorney

sign and drive, traffic violation, Illinois criminal defense attorneyWhen you have been pulled over for a traffic violation, there are probably about a dozen different thoughts going through your mind. What did I do? How much will this cost me? Will I lose my license? All of these questions are perfectly understandable in such a situation. Depending on the violation, of course, the impact to your wallet and driving record may certainly be fairly serious. However, thanks to Illinois’ new Sign and Drive law that took effect this year, your license can no longer be taken as bail during a roadside traffic stop.

Old Rules

Prior to the law taking effect, a law enforcement officer could confiscate your driver’s license on the spot if you were pulled over for most traffic violations. The old laws required drivers cited for traffic offenses to post bail ensuring they would pay their fine or appear in court to contest the ticket as necessary. This left most drivers with three options: pay $75 at a police station, present a bond card (often available from an insurance carrier), or surrender their drivers’ license. According to reports, however, some drivers were not given a choice at all, and their licenses were confiscated.

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Proposed Legislation Would Change Campus Sex Crime Jurisdiction

 Posted on June 05, 2015 in Illinois criminal defense lawyer

sex crime, campus police, Illinois Criminal Defense LawyerA new measure has been proposed in the Illinois House that would change the way in which sexual assaults are investigated on college campuses. The bill was drafted in response to a number of high-profile cases involving campus sex crimes that university police and administrators have been accused of mishandling.

In late March, Representative David Harris, R-ArlingtonHeights, introduced House Bill 3520, known as the Investigations of Sexual Assault in Higher Education Act. In drafting the bill, Rep. Harris hoped to address growing concerns that police departments on public university and community college campuses may be hamstrung in their efforts to effectively investigate sex crimes occurring in their jurisdiction. His proposal would make local law enforcement officials, such as municipal police departments and county sheriffs, responsible for the investigation of such crimes.

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