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Innocent Until Proven Guilty? Illinois Property Seizure Laws Suggest Otherwise
Your Constitutional rights are meant to protect you from wrongful criminal persecution. The cornerstones of our society, they clearly state that you are innocent until proven guilty beyond a reasonable doubt. Yet, there are some little known laws that can leave you or your loved ones feeling like a victim of the justice system, even if you have done nothing wrong. Long overdue for an overhaul, these laws date back to the 1980s and grant police officials the authority to seize your property without ever having to push for a warrant or even bring criminal charges against you.
With more than 30 years of experience, Stephen A. Brundage, Attorney at Law, has handled a wide range of criminal matters. Knowledgeable and highly skilled, we can evaluate your situation and guide you in determining the next steps. We are committed to your best interest and are prepared to aggressively represent you, regardless of the complexities you may be facing. Contact our seasoned DuPage County criminal defense attorneys today to schedule your free initial consultation. Call us at 630-260-9647 today.
Common Types of Cybercrime
Use of the Internet has become a ubiquitous part of everyday life. Likewise, cybercrime has also become part of everyday criminal activity and law enforcement. And while the Internet may have once seemed like a safe haven for criminal activity, where illegal actions were supposedly shrouded in the anonymity of the online world, this is no longer the case.
Just as cybercrime itself has become more involved and advanced, so has the ability to prosecute it.
Silk Road
One of the most widely publicized incidents of cybercrime in recent years was the take down of the infamous Silk Road—a website that served as a marketplace for black market illegal goods. The website ran from 2011 to 2013 and made more than $1 billion in sales.
When the mastermind behind Silk Road, Ross Ulbricht, was finally apprehended, worldwide conversation about the regulation of the Internet in order to stop illegal activity was sparked. Yet while Ulbricht’s imprisonment may has served as a warning to other cyber criminals that illegal activity will not be permitted online, regardless of the complexity of firewalls and international servers, cybercrime continues to be a common crime in the United States.
False Restraining Order Statistics and Reasons
Restraining orders are a protective measure intended to help prevent domestic violence and protect victims of it. However, false allegations of domestic violence or criminal activity can result in restraining orders as well as actual allegations of criminal activity, resulting in unfair punishment and long-lasting effects for those accused.
If you have been accused of domestic violence, the most important step is to seek legal counsel. Only by working with a qualified professional at the onset of the case is it certain that you will be able to present the best possible defense, especially in cases that involve allegations of domestic violence—some of the most notoriously difficult to absolve.
Perhaps one of the most surprising statistics about restraining orders is in that roughly half of all cases involving a court-ordered restraining order, there is no allegation whatsoever of physical violence. Restraining orders can be filed against a person who is accused of harassment that allegedly causes any time of emotional distress. This can include repeatedly calling someone on the telephone or creating a disturbance or a scene in a public place. It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order.
Prescription Drug Abuse in Illinois
The rates of heroin use in Illinois may frequently be front-page news; however, there is another serious drug epidemic coursing through Illinois—the abuse of prescription drugs.
While it may seem a far less serious offense than the use, sale, or distribution of harder drugs with headline-making statistics and deaths such as heroin, the penalties for illegal prescription drug use can be just as serious and devastating for a person in the long-term.
In 2008, there were 14,800 prescription painkiller deaths alone nationwide. For every one of these deaths, there were 10 admissions for treatment of abuse, and 32 emergency room visits for misuse or abuse of prescription drugs.
Prescription opioids, such as Vicodin, Percocet, and Oxycontin are some of the most commonly abused drugs, and many of these drug names are household words known to children as young as middle schoolers.
Common Types of Cybercrime
There 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.
Accidents in Roadway Work Zones
There 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.
Consequences for Criminal Convictions Outside of Jail or Prison Time
Most 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.
Defining Sexual Assault in Illinois
Sexual 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.
Speeding Through School Zones
School 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.
Online Solicitation of a Minor
The 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.
630-260-9647
From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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