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Recent Blog Posts

Speed Cameras and Construction Zones

 Posted on June 22, 2016 in Uncategorized

Illinois defense attorney, Illinois criminal lawyer, Illinois traffic violation attorney, Illinois traffic lawsMany communities across the country utilize speed cameras to identify and fine those driving over the speed limit. The automated cameras use radar technology to catch speeding vehicles, capture the vehicle's license plate number, and a ticket is later sent to the driver. These types of cameras are also common at red lights, and are also used at rail crossings and toll stations.

Cameras like this are hot button issues in many states. While penalties for being caught by an automated camera are typically lighter compared to those from traditional police stops, opponents argue that defense against tickets from automatic cameras is difficult, and that the technology is not always reliable. Proponents, however, say the cameras encourage drivers to obey all traffic rules while freeing up police resources for other purposes. Three states, Oregon, Illinois, and Maryland, use speed cameras at highway construction zones, hoping to increase worker safety and reduce the number of construction zone crashes. Do these cameras really help?

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Illinois Bill Would Increase Sex Crimes Prosecutions

 Posted on June 15, 2016 in Sex Crimes

Illinois defense attorney, Illinois criminal lawyer, Ilinois criminal statutesIllinois lawmakers and advocates are hoping that new, recently proposed legislation will encourage more victims of sex crimes to come forward and seek justice. Historically, victims of sex crimes, such as rape, are hesitant to come forward for a number of reasons. Many fear not being believed. Others fear retaliation from their abuser. Studies show how significant the problem is. Recent studies and surveys say that only a small number of rapes, somewhere between five and 20 percent of incidents, are actually reported, meaning many perpetrators walk free and are able to commit further crimes.

Additionally, sex crime advocates say that many of the cases that are reported are mishandled by authorities or are not investigated thoroughly enough. If passed into law, Senate Bill 3096, would help victims come forward and report their crimes, and ensure that police departments across the state handled each case appropriately.

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Seniors Easy Targets of Financial Fraud and Identity Theft

 Posted on June 08, 2016 in Fraud

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerIn America, everyone is at risk of being a victim of financial fraud. For seniors, however, the risk is unfortunately higher. Seniors are easy targets for criminals pursuing financial fraud or identity theft, and nationwide there are five million financial fraud cases involving senior citizens each year. Criminals continue to target seniors because they often do not realize they are being taken advantage of, and a large majority of fraud cases involving seniors do not ever get reported. Below we explain why senior citizens are at serious risk of financial fraud, and the most common ways criminals exploit them.

Why Are Seniors at Risk?

Cases of financial fraud are often underreported, and many others are caught too late. Many instances of financial fraud are detected long after the crime has been committed, making it difficult for law enforcement officials to track down the perpetrators. In many cases involving bank fraud, banks will handle the situation internally, meaning that these types of cases do not get reported often. In other cases, experts say people do not know the proper channels to report the crime committed against them, and just accept their losses.

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Legal Consequences Not the Only Risks of Drug Use

 Posted on June 01, 2016 in Uncategorized

Illinois defense attorney, Illinois criminal lawyer, Chicago drug crimes attorneyWhile heroin and opioids have received major media attention lately, the drug problem in America is widespread and involves many illegal substances. There is no denying that the heroin and opioid problem is an epidemic, leading to thousands of overdoses each year, as well as legal problems for many more. Opioids and heroin, however, are not the only substances causing problems. Below is recent data collected by the Centers for Disease Control on the growth of drug overdoses in America.

Opioids

The category of opioids consists primarily of medications prescribed to relieve pain. This includes hydrocodone, oxycodone, morphine, and codeine. When used as prescribed these drugs help patients manage pain, but when abused, they carry major potential side effects. Respiratory problems are common, and even a single large dose can lead to death. These substances are also extremely addicting. Deaths due to overdosing on opioids have skyrocketed in America. In 2000, the rate of fatal overdoses related to opioids was well under 5,000 individuals per year. In 2014, more than 15,000 people died of opioid related overdoses.

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Illinois Concealed Carry Law

 Posted on May 27, 2016 in Weapons

Illinois defense attorney, Illinois criminal lawyer, Ilinois gun lawsThe new bill that lawmakers have introduced potentially will allow firearms on public transportation. Illinois representative, Jerry Costello, introduced the law to extend citizens Second Amendment rights to public transportation, citing that with the large percentage of the population relying on public transportation, they should be able to defend themselves. Although the bill has only been proposed and is awaiting the vote of the house, if it were to pass, those who wanted to carry would need to obtain their concealed carry license, or face firearm possession charges.

How to Obtain an Illinois Concealed Carry License

As of July 9, 2013, Illinois passed the Concealed Carry Act, requiring an Illinois Concealed Carry License in order to legally conceal carry within the state. With that being said, the process of earning one of those licenses is still relatively new to the state. In order to even begin the application process, citizens must meet a few eligibility requirements:

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How Law Enforcement Uses Social Media

 Posted on May 20, 2016 in Computer Crime

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerDid you know that law enforcement agencies across the country use social media sites like Facebook, Twitter, and Instagram for a variety of purposes? It should come as no surprise, considering data from a 2015 report from SocialTimes shows that the average internet user in America spends 1.72 hours daily on social media sites. In fact, the same survey showed that 28 percent of all online activity in the United States is social media related. In the Age of Technology, even authorities are using social media, sometimes for communication, sometimes for strategizing, and sometimes to solve crimes.

Sharing Information

Many people consume news through social media platforms, and law enforcement agencies nationwide have found sites like Facebook to be a great method for disseminating information. Officials can share any relevant information quickly and ask followers to help spread the news as well. Citizens expect news to be shared in an accessible way, and many agencies report that community members expect police forces to have strong social media presences. Sharing news quickly is especially important in dangerous situations, where authorities can use social media to inform followers of things like areas to avoid.

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Survey Shows Teen Alcohol Use In Illinois Higher Than US Average

 Posted on May 12, 2016 in Juvenile Crime

Illinois defense attorney, Illinois criminal lawyer, Illinois juvenile crimes lawyerSpring is a popular time for teen drinking. Prom, spring break, and graduation celebrations all provide opportunities for underage drinking, and advocates are encouraging parents to discuss the consequences of underage drinking with their children. Aside from physical and emotional harm, underage drinking can bring with it a slew of legal consequences if caught. In Illinois, consequences can include misdemeanor charges, and the penalties increase if the drinker was behind the wheel or used a fake form of identification to acquire the alcohol. These consequences, however, do not seem to be slowing Illinois teens. Higher Than National Rates

According to a new report conducted by the Illinois Youth Survey, alcohol abuse by Illinois teens is higher than the national average. The survey results show that 26 percent of Illinois 8th graders report drinking alcohol in the past year. By senior year, the number increases significantly. 62 percent of Illinois high school seniors report consuming alcohol within a year from the survey date. While the survey shows that overall underage drinking in Illinois is down compared to past years, Illinois teens are more likely to consume alcohol compared to their national counterparts. In Illinois, 14.9 percent of 8th graders reported consuming alcohol in the past 30 days, compared to 10.2 percent of 8th graders nationwide. Similarly, 44.4 percent of Illinois 12th graders report consuming alcohol in the past 30 days, compared to a national 39.2 percent. Underage drinking advocates are optimistic, however, as the results show underage drinking in Illinois is declining, and binge drinking among teens is down as well.

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An Update on Marijuana Laws in Illinois

 Posted on May 06, 2016 in Uncategorized

Illinois defense attorney, Illinois criminal lawyer, drug crimes, Illinios drug lawsMarijuana is a controversial substance in America. States like Oregon, Washington and Colorado have recently legalized recreational use of marijuana, and the stigma surrounding the substance seems to be slowly fading across the country. In Illinois, opinions are mixed. Despite multiple setbacks, the state’s pilot program for legalized medical marijuana is going strong, with 29 dispensaries currently in business across the state. A bill to decriminalize marijuana in Illinois was vetoed last year, but a similar measure has recently been revived. Will Illinois follow suit with more relaxed marijuana legislation, or possibly legalize the substance for recreational use?

New Decriminalization Measure Submitted to Illinois Senate

A new measure was recently introduced into the Illinois Senate that would decriminalize marijuana in the state. A similar bill died last year after Illinois Governor Bruce Rauner vetoed the bill, calling for tighter restrictions. This new measure, which would decriminalize the possession of small amounts of marijuana, does include many of the changes the Governor suggested. Per the new measure, possession of any amount of marijuana under 10 grams would result in a ticket rather than arrest. Fines would range from $100 to $200, and the new bill also lowers the limit at which a driver can be charged with drugged driving due to marijuana.

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Chicago Authorities Trained to Recognize Shoplifting Techniques

 Posted on April 12, 2016 in Shoplifting

Illinois defense attorney, Illinois criminal lawyer, Cook County defense lawyerAccording to the National Association For Shoplifting Prevention (NASP), only 3 percent of those who shoplift are professionals. This three percent is made up of drug addicts, shoplifting gangs, and others who intend on making profits or feeding their drug addiction through theft. Essentially, they feel the need to shoplift to further their lives in some way. The other 97 percent of shoplifters in America are amateurs, or “non-professionals” who shoplift due to thrill-seeking or peer pressure. In fact, 73 percent of adult shoplifters, and 72 percent of juvenile shoplifters do not plan to steal in advance of their theft. There is no typical shoplifter. Men and women of all ages and races shoplift, and the amount of Americans who shoplift at some point throughout their lifetime is significant. One in 11 people, according to the NASP, are shoplifters in some capacity. In Chicago, businesses small and large are struggling to deal with the rising number of shoplifters in the city. As shoplifters are difficult to identify ahead of time, authorities, store employees, and retail loss prevention personnel are being trained to identify many of the  typical ways people shoplift. Here are a few common shoplifting techniques authorities look for: The Walk Out: This shoplifting technique is just what it sounds like. The shoplifter simply grabs the item they would like to steal, and walks out of the store. This quick theft may seem less than subtle, as many who use this technique make little effort at all to hide the merchandise they are stealing. In reality, many thieves are able to “grab and go” before they are ever spotted by store employees or authorities. Hiding the Merchandise: Thieves often attempt to conceal the items they wish to steal. Merchandise can be hidden in clothing, strollers, and personal items like purses and backpacks. Another common tactic is to store one item inside another item. Many thieves will then pay for the one item, and not be charged for the other. Store employees are often trained to identify when a potential thief is attempting to conceal merchandise. Metal Lining: Chicago authorities report many shoplifters who use metal lined bags to steal merchandise. These are typically the “professional” shoplifters, who plan their theft in advance, as most people do not regularly carry metal lined bags. These bags do not set off store’s alarm systems, allowing the shoplifter to walk free. Many stores do not allow individuals to bring bags with them, and those that do have trained their employees to monitor customers who enter with large bags in hand. Returning Stolen Goods: Retailers report shoplifters stealing items to later attempt to return them for cash or store credit. For this reason, most major retailers enforce return policies. Swapping Tags: This clever theft method involves switching tags on two items. Shoplifters will place a tag for a cheaper item on a more expensive item, and hope the store employee at checkout will not notice. Have You Been Caught Shoplifting? Many shoplifters report feeling a “high” after stealing. For many, this rush is the true reward of shoplifting, rather than the stolen goods. Shoplifting can be addicting, and those who commit retail theft of any kind are encouraged to seek help. As Chicago authorities and businesses step up their shoplifting prevention, the likelihood of getting caught increases as well.

If you have been arrested for shoplifting, you need the help of a qualified Chicago area criminal defense attorney. Depending on the value of the items you stole, and your criminal background, you could be charged with a Class A Misdemeanor or a Class 3 felony offense, both serious charges. In addition to possible jail time, fines, and other legal consequences, those charged with shoplifting could be affected for the rest of their lives, as criminal retail theft charges often make it difficult to land a job or rent an apartment. For these reasons, the attorneys at the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney are here to help. Call 312-629-0669 to schedule a free consultation with us today.

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Illinois County Offers Drug Court and Treatment for Addicts

 Posted on April 07, 2016 in Drug Crimes

Illinois defense attorney, Illinois criminal lawyer, Chicago drug crimes attorneyAs officials across the state of Illinois look for ways to reduce the staggering state prison population, one Illinois county may have found a solution. In Will County, offenders arrested on substance abuse charges are provided help and rehabilitation instead of incarceration. Keeping individuals in prison is expensive, with overall costs reaching nearly $40,000 per Illinois inmate, and many offenders are likely to return to prison after being released. In Will County, however, drug offenders are given the chance to access the help they need to fight their addictions through drug court, allowing them to move forward with their lives. Should other Illinois counties follow suit? A Solution to Costly Incarceration According to a report from the Illinois Criminal Justice Information Authority, 13,000 of the state’s inmates were in need of substance abuse treatment during fiscal year 2014. Only half of those inmates received help, however, meaning many were released and continued to struggle with drug addiction, often leading to a second arrest and further prison time. In fact, 45 percent of Illinois offenders return to prison within three years of their initial release. Constant incarceration destroys lives, and is expensive for the state and tax payers. Less than 10 percent of drug offenders in Will County return to prison, thanks to the county’s drug court program that helps offenders recover from their addiction, and at a fraction of the cost. Women and men convicted of a drug related crime in Will County are eligible for the drug court program, where over the course of 18 months they receive the help, support, and treatment they need instead of a felony and prison time. Will County State’s Attorney James Glasgow says it is important to provide help to individuals arrested due to charges related to their addiction. “We found a tool that works and we are using it aggressively. Because of the heroin problem the way it is, it is critical that these individuals get into drug court not just to avoid prison, not just to avoid a felony conviction, but to stay alive.” Compared to the nearly $40,000 cost per inmate incarcerated in Illinois, Will County’s drug court only costs $3,000 per participant. Without a felony on their record, and with help to recover from addiction, offenders are given the chance to start a new job, and get their life back on track. A Kinder Future for Drug Offenders Will County officials say drug court is a viable option to help reduce the state’s prison population, and also provide some compassion for substance abuse offenders who often need help. Glasgow says continuing down the same path of incarcerating drug offenders is no longer viable, and that the traditional method of handling drug offenders is “going to bankrupt us.” In Illinois, there are 60 drug courts, and advocates of rehabilitation programs for drug offenders are calling for state officials to invest in these programs statewide. Through drug courts, Illinois citizens struggling are able to combat their addiction and move forward, saving thousands of taxpayer dollars. An Experienced Criminal Defense Attorney Can Help While drug courts may not be an option for every offender statewide, there is help available to those facing drug related charged. Do not let a drug charge put your future in jeopardy. Contact an experienced Chicago defense attorney. Attorney Hal M. Garfinkel and his team have years of experience successfully defending clients from drug charges, and are available to assist you today. Call 312-629-0669 to schedule a free consultation to learn more about your options.

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