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Forms of Identity Theft that Result in Serious Criminal Charges
Like all kinds of fraud, identity theft crimes are costly for everyone involved. Some victims of identity theft may end up spending thousands of dollars and countless hours - often over the course of years - to restore their name and remove the damages that have tarnished their record. Offenders face serious criminal charges for such crimes, including prison time and significant monetary penalties, all of which have long-term consequences to the offender’s record and reputation.
Common ID Thefts
There are multiple forms of federal identity theft crimes, but the following three types of ID theft are especially common:
Medical
With the overwhelming, ever-growing costs of health care, it is not surprising that medical fraud is a common practice among identity thieves. Medical ID theft is used to obtain medical services and is committed in various ways, including stealing health insurance membership numbers, stealing medicare IDs, or issuing fraudulent billing to an individual’s health insurance provider in order to reap medical and/or financial benefits.
Order of Protection Restrictions
Behaviors that are considered by law to be acts of domestic violence can range greatly, encompassing much more than physical acts of violence. Cutting off or taking complete control over a partner’s finances, belittling them by calling them names, or diminishing their self-worth through emotional manipulation are all other forms of abuse according to the law. Any type of domestic abuse allegation is a serious matter and can severely alter the offender’s life over the long term.
One step many victims take to combat the abuse they experience is to pursue an order of protection against the offender, which significantly restricts the offender in terms of contact. In short, an order of protection serves to help keep an abusive person away from a victim. It is a formal court order that places various limits on the offender in the state of Illinois in the following ways:
1. Bars the abuser from sharing a residence with the victim.
Do You Qualify for Criminal Record Expungement?
The prospect of having a criminal record expunged is an appealing one. For new offenders who have an otherwise spotless record, having anything blemish that record can be discouraging, especially when the potential long-term effects are considered. Having a criminal record can impact everything from your reputation in your community and workplace to your ability to acquire or maintain a place of employment. If you desire to have your record expunged, you first need to see what the law says about the process and whether or not you even qualify.
The Criminal Identification Act Standards
The law determines who may be eligible for the expungement process in Section 5.2 of the Criminal Identification Act. Unless you are an honorably discharged veteran convicted of specific Class 3 or Class 4 felonies, you are only eligible to have your record expunged if you have never before been convicted of a criminal offense or municipal ordinance violation. Under Illinois law, your record cannot be expunged if it is federal or out-of-state. Other factors that disqualify your record from being eligible for expungement include:
Four Criminal Expungement Myths Exposed
For individuals in the state of Illinois who have never been convicted of a crime, having a record expunged has the power to bring an overwhelming amount of relief and to open up a world of possibilities for the future. Criminal expungement essentially “erases” your criminal record, which can help eliminate the fear of missing out on future employment opportunities or possibly experiencing negative effects on any current employment standing. The benefits of expungement extend even further when it comes to your overall reputation. A clean record can give you peace of mind, a fresh slate, and the confidence you need to move forward after your arrest.
Truths and Common Misconceptions
As beneficial as criminal expungement can be, there are many misunderstandings about the process and what it means for the offender once everything is all said and done. The following facts and misconceptions commonly cause confusion for first-time offenders approaching the topic of expungement:
Actions and Behaviors that Result in Domestic Violence Charges
The Illinois State Police report that domestic violence results in more injuries that require medical attention than a number of other violent incidents combined, including rape and muggings. Every fifteen seconds, a woman is beaten in the United States, and two out of every five women who are murdered are murdered by their husbands. With staggering statistics such as these, it is no wonder domestic violence continues to draw a heavy spotlight in our communities right here in Illinois state and throughout the nation.
Domestic Violence Charges Change Lives
Those accused of domestic violence offenses face a range of penalties, all of which yield the power to drastically alter the offender’s life. Under the Violence Against Women Act, a domestic violence act is considered a federal crime, with prison terms ranging from five years to life, depending on the nature of the bodily injury inflicted on the victim.
Along with prison time, offenders may be required to pay the victim for losses to account for any medical or psychological care, physical therapy, transportation, or temporary housing that was acquired due to the crime. They may also be held liable for child care expenses, lost income, attorney fees, and other costs that were incurred from obtaining a civil protection order. These fines, paired with jail time and damage to a reputation, can severely impact an offender’s life for the long term.
What Defines Domestic Violence?
According to the United States Department of Justice, a pattern of abusive behavior that is used by one partner to gain or maintain power and control over another intimate partner is defined as domestic violence. There are various types of abuse, ranging from sexual and physical to emotional and psychological abuse. Actions and behaviors that are illegal and can result in criminal charges include everything from hitting, slapping, and sexual assault, to undermining someone's sense of self-worth. Calling an intimate partner names, making threats against them or their family or pets, stalking, or harassing them in any way that steals their sense of safety is an act of domestic violence.
Other Types of Domestic Abuse
While we hear much about extreme acts of physical abuse when it comes to the topic of domestic violence, economic abuse is another form of domestic violence that has very damaging psychological effects on victims. Offenders who make or attempt to make their intimate partner financially dependent on them by taking complete control over financial resources are guilty of this crime. This includes withholding access to money, or even forbidding or preventing their partner from attending work. This is typically done through threats, fear, and intimidation.
The range of acts that are considered by the law to be domestic violence crimes is vast. If you have been accused of any of these crimes or feel the claim against you is unjust, it is important to speak with a qualified Chicago criminal defense lawyer right away to ensure your rights are not at stake. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669 for a consultation.
What Warrants an Armed Robbery Charge?
Property crimes such as robbery and burglary have the power to drastically alter an offender’s life the moment they lead to criminal charges. Penalties for such crimes can range from serious fines and community service to lengthy prison time, all of which can easily blemish a previously clean record. Once these charges exist on a record, the ramifications extend much further, affecting everything from the offender’s current and future job prospects to their reputation throughout the community.
Criteria Required to Justify Armed Robbery
Whether you were in the wrong place at the wrong time, in the presence of unfortunate company, or simply made the decision to place yourself in a poor situation, whatever led you to face potential armed robbery charges, it is important to know how the law may sustain the charge against you. According to the law in the state of Illinois, at least three separate propositions must be proven in order to properly justify an armed robbery charge against someone. All of the following criteria must be proven beyond reasonable doubt to validate the charge:
- The defendant knowingly took property from someone: Considered a Class X felony, armed robbery must be justified with the conscious act of taking something that belongs to someone else.
Key Differences Between Probation and Parole
Whatever criminal charges you may be facing, there are a number of potential penalties and sentences that may be served as you move forward with the court process. Whether you have been accused of various property crimes, such as retail theft, burglary, or robbery, or you have been involved with a serious violent crime, such as domestic abuse or sexual assault, the sentence you are served in response to your criminal offense can vary in scope, length, and detail. In some cases, you may be eligible for parole or probation, two avenues often used by the justice system in combination with standard prison sentences.
The Prison Alternative
Depending on the nature surrounding the circumstances of your offense, chances are you will be incarcerated on some level if you are guilty of serious criminal activity. Alternatives to prison time do exist, but your eligibility for such options will depend greatly on the severity of your offense and the nature of your charges. Probation and parole are two common alternatives to incarceration, but they are often mistakenly confused as the same thing.
Adult Versus Juvenile Expungement
For first-time criminal offenders, having a record expunged following a criminal arrest can make a huge difference in the overall outcome of the arrest experience. Expungement is essentially the erasing of criminal arrests or charges from one’s record. A cleared record offers a multitude of benefits for the offender, the first being the lifted burden of having a fresh start in terms of present and future employment opportunities.
While erasing arrest details from a criminal record cannot undo the hassle or unfortunate stigma you incur from being accused of a crime, it can at least offer a ray of hope for first-time offenders who wish to possess a clean record for current and potential employers. Both juveniles and adults may have their criminal records expunged, although the proceedings differ. Here are three factors that separate adult expungement from juvenile expungement:
Differing Justice Systems
DUI Aftermath: What Happens after You Fail a Breathalyzer Test?
Being pulled over for suspicion of driving under the influence is an unnerving experience regardless of the circumstances. When collision damage or injury is involved, the driver faces even greater challenges in a court of law, as penalties for DUI are often both strict and severe. Merely being pulled over for the suspicion of operating a vehicle under the influence is enough to cause a stir, but the moment you decide to comply with an officer’s request to submit to a breathalyzer test and fail, the situation automatically goes from bad to much worse.
Consequences Following a Failed Test
Any failed breathalyzer test indicates the driver’s BAC was .08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver’s system.The consequences following a failed breathalyzer can vary depending on the convictions surrounding your arrest, but the initial damage for a first offense includes an immediate statutory suspension of driving privileges for a minimum of six months. For a second or subsequent offense within a five-year period, a failed breathalyzer test will earn you a suspension of driving privileges for one year.
Burglary or Robbery Charges? How the Two Crimes Differ
When discussing the subject of the various forms of theft, it is very common to hear the terms robbery and burglary used interchangeably. Many times, someone will say they were “robbed” when a thief broke into their home or vehicle and stole their personal belongings. While burglary and robbery are related in the sense that both acts typically revolve around specific theft acts, they are in fact different charges and can mean different things, depending on the intentions surrounding such acts.
Burglary vs. Robbery
There are a number of differentiating factors that separate burglary charges from robbery charges, but one of the most distinct differences between the two is the issue of theft. On its own, theft is the act of taking someone’s property without their consent, while robbery is taking such property with threatening force. Whereas robbery is officially defined as the intentional, conscious, and reckless seizing of property from another individual by use of threatening force, burglary refers to the unauthorized entry of a premise of some sort, with the intent to commit a number of offenses - not just robbery.
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