Tag Archives: criminal charges

St. Charles identity theft attorney

The Internet has become one of the most important elements of the modern world. As Internet use becomes more and more pervasive, so do Internet-based crimes. Cybercrime can include identity theft, information theft, hacking, phishing, fraud, and more. Hacking and other types of cybercrimes are looked upon by some people as little more than a recreational activity. A number of television shows and movies have glamorized certain forms of cybercrime while downplaying the severity of these offenses. To be clear, identity theft and other types of Internet crimes are serious criminal offenses that are punishable by harsh fines and substantial jail time in Illinois.

Financial Identity Theft Versus Criminal Identity Theft

Financial identity theft occurs when an individual illegally acquires another party’s financial information and uses it to make withdrawals from the victim’s bank account, open credit card accounts in the victim’s name, apply for loans, make unauthorized purchases, and more. There are countless ways that this type of identity theft can happen. For example, financial identity theft may occur when the alleged offender finds the victim’s credit card details discarded in the trash and then uses the data to make purchases online. Data breaches may allow people’s bank account information and PIN numbers to be released online and available to the public. More recently, devices called credit card skimmers are being used to steal the information contained in a credit or debit card’s magnetic strip.

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St. Charles child pornography defense attorney

The Illinois Sex Offender Registry website is an Internet database that lists individuals who have been convicted of certain sex offenses. The database lists the names, addresses, photographs, and physical descriptions of perpetrators. It also includes information about the specific crimes for which the offender has been convicted. This information is available to anyone with access to the Internet, including friends, family members, neighbors, and potential employers. If you have been accused of a violent or sex-related crime, you should speak to a skilled criminal defense attorney as soon as possible to protect your future.

Types of Sexual Crimes

In some cases, a conviction is not needed for a criminal defendant to be required to register as a sex offender. A defendant may still be required to appear on the sex offender registry if he or she is found not guilty by reason of insanity, pleads no contest, takes a plea deal, and in other specific circumstances. Criminal offenses that require the offender to register as a sex offender include but are not limited to:

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St. Charles aggravated assault defense attorney

Under Illinois law, “assault” is defined as putting someone in reasonable fear of battery. Actions causing actual bodily harm or physical contact that is offensive, provocative, or unwanted can be considered battery. There are some circumstances that can cause an assault charge to be elevated to an aggravated assault charge. The criminal penalties associated with aggravated assault are much harsher than those for an assault charge. If you have been arrested and charged with aggravated assault, it is crucial that you speak with an experienced criminal defense attorney to learn about your defense options.

You Can Be Charged with Assault Even if You Do Not Physically Injure Someone

Most people assume that the word “assault” refers to punching, hitting, or otherwise injuring someone. However, you can be charged with assault for simply saying something threatening to someone or making a gesture that puts them in fear of being physically harmed. Assault is a Class C misdemeanor in Illinois, which is punishable by up to 30 days in jail, up to 120 hours of community service, and a fine of up to $1,500.

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St. Charles drug crimes defense attorneyYou probably already know that it is against the law to possess, sell, or distribute controlled substances in Illinois. However, you might not know that in some cases, distributing or delivering drugs can lead to homicide charges. Illinois enacted the Drug-Induced Homicide law in 1989. Under this law, if a person delivers a drug to another person, and that individual dies as a result of using the drug, the deliverer can be charged with drug-induced homicide. Someone convicted of drug-induced homicide in Illinois can face up to 60 years of incarceration.

Illinois’s Drug-Induced Homicide Law Is Hotly Debated

Illinois statutes state that a person commits drug-induced homicide if he or she unlawfully distributes, delivers, or sells an illegal drug to another person, and that person dies as a result of the drug. Drug-induced homicide is a Class X felony offense and is punishable by 15-30 years in prison and a fine of up to $25,000. In some cases, the prison sentence for drug-induced homicide can be extended to 60 years. There is a large amount of controversy surrounding this law. Some people believe that it is grossly unfair to charge a person with homicide for selling drugs to another person, and if the other person voluntarily consumed the drugs, then he or she took the risk. Others believe that the magnitude of the current opioid crisis in Illinois necessitates harsh penalties for selling fatal drugs. Since 2008, opioid overdoses have led to almost 11,000 deaths in Illinois. Drug overdoses, in general, are now considered the leading cause of death for people under age 50 in the United States.

Illinois' “Good Samaritan Law”

Drug-induced homicide is one exception to the Illinois “Good Samaritan Law.” The Emergency Medical Services Access Law of 2012 provides protection against being charged with a criminal offense for seeking help for someone who is overdosing. In some cases, if a person seeks emergency medical treatment for another individual who is overdosing, both the person seeking help and the person overdosing are protected from drug possession charges. However, the person seeking help could still be prosecuted for drug-induced homicide if he or she is the one who sold or distributed the drugs, and the overdose leads to death.

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St. Charles crimes defense attorney

Being arrested and charged with a crime can be a shocking and overwhelming experience. In some cases, a person can be falsely accused of an offense. It is important to know that individuals accused of a crime are protected by the United States Constitution as well as other statutes. It is critically important for anyone who is facing criminal charges to remember that he or she is entitled to certain rights as a criminal defendant, in addition to being innocent until proven guilty. When a defendant’s rights are violated, it can dramatically affect the outcome of any future criminal proceedings.

Your Right to Remain Silent

If you have ever watched a true crime television show or movie, you probably heard the phrase, “You have the right to remain silent.” This right is specifically stated in the Miranda Warning, a list of notifications typically given by police to a criminal suspect upon arrest. The right to remain silent is protected by the Fifth Amendment to the U.S Constitution. The Constitution states that a criminal defendant cannot be “compelled in any criminal case to be a witness against himself.” Put another way, you cannot be forced to incriminate yourself. If you are arrested and taken into police custody, calmly tell police officers that you are utilizing your right to remain silent and then say nothing. Do not consent to any police questioning or interrogations until you have a lawyer present. Choosing to remain silent will ensure that you do not say anything that can be used against you in any resulting criminal proceedings. It also helps ensure that you are not tricked into saying something you do not mean during a stressful interrogation.

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