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Understanding Computer Fraud in Illinois
In an age where almost everything can be done via computer, computer fraud is treated as a very serious criminal offense in Illinois and across the country. Computer fraud can be committed in a number of ways and carries various penalties based on the severity of the crime. According to Illinois computer crime law, there are three ways to commit computer fraud, each carrying its own penalty:-
Accessing a computer, program, or data intending to devise or execute a scheme or artifice to defraud, or in order to deceive is considered to be a Class 4 felony;
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Obtaining the use of, damaging, or destroying a computer (or any part of the computer), or altering, deleting, or removing any program or data as part of a deception, or in connection with a scheme to defraud is a Class 3 felony offense;
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Accessing or giving means of access to a computer (or any of its parts), or programs or data, and obtaining or gaining control of property, money or services in a scheme or artifice to defraud or as part of a deception. This is a Class 4 felony if the money property, or services are worth $1,000 or less, a Class 3 felony is the money, property, or services are worth more than $1,000 but less than $50,000, or a Class 2 felony if the value of the money, property, or services is worth $50,000 or more.
Distracted Driving Penalties Increase
A number of new criminal and traffic laws in Illinois took effect on January 1, including several that relate to distracted driving. The use of a handheld device while driving was banned statewide, and the penalties for distracted driving have been increased.
According to ABC News, under the new law, drivers may dial a cell phone or other handheld device only while the vehicle is stopped, and only if the vehicle is placed in neutral or park. This includes using the device while stopped at a red light. The law also prohibits motorists from having a video device application that is visible to the driver running on their phone while they are driving.
Drivers who cause accidents which result in injuries and who are found to be using a cell phone while driving can be charged with a Class A misdemeanor. This can carry penalties of up to $2,500 and may include jail time. Those drivers whose cell phone habits cause involvement in a fatal accident could be charged with a Class 4 felony, which may carry a fine of up to $25,000 and a sentence of up to three years in jail.
What Is the Difference Between First and Second Degree Murder?
You’re sitting at home watching the news, and you see a story covering an individual who has been convicted of first degree murder. Later, while watching Law & Order, you see another individual charged with second degree murder. What’s the difference? Although the two legal terms seem remarkably similar, the differences between first and second degree murder are critical in the legal world.
Let’s start with the more serious of the two offenses: first degree murder. Typically, first degree murders are planned and committed in a cruel way against one or more persons, under special circumstances. These circumstances may be accompanied by other offenses, such as kidnapping, hijacking, robbery, assault, or torture. If these types of crimes have been committed before, the charge will be much more serious.
To prove that a defendant committed first-degree murder, the prosecutor must show “beyond a reasonable doubt” that the individual killed another person without lawful justification, and either:
Obtaining an Order of Protection
As uncomfortable as the subject is, domestic violence is a very common crime in our society today. According to Illinois State Police, a woman is beaten in the United States every 15 seconds and domestic violence results in more injuries that require medical attention than rape, accidents, and muggings combined. Abuse can include physical abuse, harassment, making a child or another person watch abuse, forcing an individual to something they don’t want to, or denying a disabled person access to needed to care. These acts are considered domestic when committed by a family or household member, who can be any of the following:
- Spouses and former spouses;
- Parents, children, and stepchildren;
- Persons who formerly shared the same home;
- Persons who dated or were engaged.
There are in fact ways to end the cycle of domestic violence. The biggest and most effective way to do this is to obtain an Order of Protection. An Order of Protection is a legal order from a judge that is used to protect victims of domestic abuse. These Orders contain “remedies” that order an abuser to take certain actions or prohibit them from taking certain actions. The abuser, or respondent, may be arrested for violating remedies listed in the Order of Protection.
Domestic Violence Going Around and Around
"He was utterly charming – and all about control. Everyone else could see what he was doing but I couldn't." Kacey Jai Smith recently shared her story of abuse with The Guardian, explaining how she stayed with her abuser for five years. She said that what started out as criticism soon led to abuse and threats on her family, which is how many abuse stories go. Kacey Smith’s story ended happily when she got out and got a criminal attorney who helped convict her ex-boyfriend.
Domestic violence often goes around in a cycle similar to Kacey’s, starting with one type of abuse and going full circle to many other types of abuse. The steps within the domestic violence cycle, according to DomesticViolence.org are as follows:
An incident occurs where the abuser feels in control. Perhaps he or she gets angry and hits someone, an incident that has never happened before. This incident can be any type of abuse: physical, sexual, or emotional.
Tension builds between the abuser and the abused. The abuser may get angry more easily or more frequently and the abuse may begin to become a normal routine. When the tension and abuse increase:
What To Do If You Have Been Charged With A Work Zone Violation
Each year in Illinois, there are more than 7,000 work zone violations, many of which lead to injuries and fatalities. Don’t assume that a work zone violation is a minor offense, since there are serious consequences if you are convicted. If you have been charged with violating the laws in a work zone, you need an attorney right away as your first step.
A new driving law for 2014 creates separate offenses for an individual who is speeding in a construction zone when workers are present and when workers are not present. Currently, this new law removes the license suspension penalty when workers are not present. When regular driving conditions have been altered as a result of construction, the lower speed limits are intended to give drivers more time to negotiate the changes. When the reduced speeds have been clearly posted at the work site and there are workers, a charged individual can face the higher work zone fines. Paying attention to posted signage is the best way to prevent speeding.
Post-Holiday Shopping And Shoplifting Allegations
Post-holiday season, you’re probably headed back to one or two stores to return items. In the hubbub of shopping and busy crowds, you need to be on high alert for increased shoplifting watches. Make sure you carry your item in within a bag and carry the receipt with you in case anyone asks where you got the item. As soon as you enter the store, ask for assistance with returning items. Going with a friend tends to make the process easier. Unfortunately, sometimes retailers can take things a step too far. Being on high alert for theft means that shoppers need to beware retailer allegations of shoplifting. If you have been accused, know your rights and contact a Chicago criminal defense lawyer. Do not let a story bully you into confessing.
Since stores are watching out for shoplifting behavior, the chances of being accused are greater this time of year than any other. Stores are required to have seen you make an attempt to steal something (probable cause) before accusing you of this, but recently stores have been in the national spotlight for detaining customers after racially profiling them. Stores cannot keep you in a small space without allowing you to leave that room, but some stores and their employees attempt to use threats or intimidation to get to confess to a crime. In the short term, the best thing you can do is cooperate but you also want to watch out for any efforts that are used to try to force you into confessing.
Illinois Debit Card and Credit Card Fraud Laws
Illinois has strict laws regarding the criminal offenses of credit card or debit card fraud. If you have been accused of a crime in this area, you need to get legal advice immediately. A conviction for credit card fraud can harm your reputation and build a record for you, and you need a criminal defense attorney who will take your case seriously.
There are several different components of this form of computer crime and credit card fraud. This includes making a false statement to procure or secure a debit card/credit card. This statement has to be in writing. Another allegation that might be made against you is the sale or purchase of a credit card or debit card. Authorities might claim that you are responsible for selling or purchasing private financial information like this on the Internet, leading to consequences for you.
Depending on what happened with the credit card or debit card information once it was stolen, the punishments can vary. This is why it’s so critical that you have an attorney advocating for you from the outset, because these details matter a great deal in the outcome of your case. Your case might be classified as a misdemeanor, but if significant amounts of property were obtained in a six-month period, your case might be categorized as a Class 3 or Class 4 felony. These consequences can include fines and prison time and can serve as unpleasant memories for years to come.
Man Arrested for Aggravated DUI After Crashing into Pontiac Police Officer
Earlier this month, a man was placed under arrest for Aggravated Driving Under the Influence (DUI) when the vehicle he was driving left the highway, crossing into the center median, and struck a stationary police car. According to a report by The Chicago-Sun Times, the man was driving a pick-up truck on I-55 North at around 9:30 p.m. when the truck left the road and collided with the officer’s squad car.
The officer, as well as a police dog who was also in the car, were both killed in the crash. The driver of the pick-up truck was taken to the hospital and was then arrested once he was released.Driving Under the Influence in Illinois
Any driver who has a blood alcohol content of .08% or greater is driving in violation of Illinois law (keep in mind that minors and commercial drivers are subject to lower limits).
Remember that, by driving with a valid Illinois license (or using another state’s license while driving on Illinois roads) you are consenting to a blood alcohol test at any time. Failure to submit to a requested test may result in additional charges or a license suspension.
Driver in Fatal Crash Did Not have a License
Right before midnight on October 13th, there was a car crash on the east side of Aurora. The crash left three people dead and another five injured, when a Dodge Charger drifted into the other lane into a full minivan. The result of the head-on collision was devastating. Especially since the driver of the Charger was driving without a license.The family in the minivan lost two loved members, one was 57 year old Rose Cuanetl and the other was 77 year old Andrea Moyotl. Two children were critically injured in the accident including the 17 year old driver of the vehicle. Three males aged nine, twelve and 40 were injured in the wreck as well. All of the injured passengers are expected to make a full recovery.
The driver of the Charger unfortunately did not recover from his injuries. Oscar Rodriguez, 28, died from the crash on Broadway Avenue near Hazel Street. Oscar shouldn’t have been driving at all, but decided to take his girlfriend’s car out for a drive. There was no news about whether drugs or alcohol were a possible cause of the accident.
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