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Recent Blog Posts
What You Should Know About Credit Card Skimmers
In the past, thieves used to have to steal physical property or cash in order to get their payout. Today, much of the money floating around the United States is stored electronically as data, and is transferred via digital transactions. Thus, most people own a debit card and a credit card or two. Virtually anyone who has one or more such cards may have unknowingly been exposed to one of the most complex credit card fraud schemes yet.
If you have ever used an ATM, you are familiar with the plastic slot in which you place your debit or credit card in order to withdraw money from your account. Similar slots are also present on gas pumps and other self-payment machines. According to the Chicago Police Department, some of these innocuous looking plastic slots are actually intricately-designed devices called encoders or skimmers which are capable of stealing a person’s debit or credit card information. Many people whose information is stolen by a encoder are scammed and do not even realize it. Often, it is only when mysterious purchases show up on a credit card statement or there are insufficient funds in an account does the victim realize they have been deceived.
What You Need to Know About Credit Card Fraud
Not all crimes are violent in nature, but they can still have serious consequences for those found guilty of committing them. Financial crimes such as advertising scams, internet fraud, and fraudulent credit card charges can damage a person’s credit score and negatively affect businesses. Many people who open their bank account or wallet only to realize they have been stolen from ask the same question, "Who must pay for fraudulent charges?"
Credit Card Fraud in Illinois
There are several Illinois state and federal consumer laws that address credit card theft. Credit card payments processed by Visa, MasterCard, American Express and Discover are subject to a "zero liability" policy. This means that the owner of a credit card which is compromised is not held responsible for any fraudulent charges. Fortunately, consumers do not have to pay for charges which they did not make, but they do have a responsibility to tell their credit card company about the fraudulent charges as soon as they find them.
The Basics of White Collar Crime
Nearly everyone has at least heard the term "white collar crime" before, but not everyone understands what it means. There are a wide variety of criminal activities that fall into the category of white collar crime, and they generally involve the theft of data and financial assets to be used for personal gain by the perpetrator. In many cases, the criminal does not even come into contact with their victim, and many victims of white collar crime are unaware of the crime until much later. White collar crime is very serious, and anyone facing charges related to a white collar crime should seek the help of a qualified criminal defense attorney.
Common White Collar Crimes
There are a variety of different offenses that fall under the umbrella of white collar crime. These types of crimes often occur in business or professional settings; hence the term "white collar" as a reference to dress shirts common in such environments. Crimes that are commonly considered white collar include:
The Basics of Illinois Firearm Laws
Weapons and firearms laws in Illinois have long been among the most restrictive in the country. It is, however, possible for private citizens to own and carry a firearm under certain conditions. Failure to comply with the appropriate laws regarding firearms can have extremely serious criminal consequences, so it is important to understand how to remain legal at all times.
Firearm Owner&s Identification
The state of Illinois currently requires that anyone who owns a firearm must have a valid Firearm Owner’s Identification (FOID) card issued in his or her name. One must have a valid FOID in order to buy or possess firearm ammunition as well. Plain and simple, if you do not have one of these identification cards, you could face criminal charges if you are found to be in possession of either a firearm or ammunition. In order to qualify for such identification, you must provide a complete an extensive application and pay required fees.
Illinois Gun Ownership Laws
The tragic events that took place at Marjory Stoneman Douglas High School last month shocked the public. It is one of many school shootings which have rocked the public’s sense of safety in recent years. The shooting, which left 17 victims dead, has ignited the controversy regarding gun laws arguably more than any previous event. It is important now more than ever that all citizens understand the rights and responsibilities of those who choose to purchase a gun.
What is Required to Purchase a Gun in Illinois?
If an Illinois resident wishes to possess a firearm, he or she must obtain a Firearm Owner’s Identification (FOID) card. These cards are issued by the Illinois State Police to applicants who meet certain requirements. There are some instances in which a person will not be allowed to get a FOID card. Specifically, an applicant will not be eligible for a FOID card if he or she:
Illinois Governor Signs "Red Flag" Gun Law
Over the last several years, there has been no shortage of tragedies involving gun violence. Mass shootings in Connecticut, Colorado, Florida, and Nevada have raised the public consciousness regarding the availability of firearms and the associated rights promised by the Second Amendment to the U.S. Constitution.
In the wake of these terrible events, many states have passed so-called "red flag" laws that allow authorities to temporarily seize guns from individuals whom the courts have determined pose a threat to themselves or others. Earlier this month, Illinois became the 13th state to pass such a measure as Governor Bruce Rauner signed House Bill 2353 into law.
Firearms Restraining Order Act
The new law is called the Firearms Restraining Order Act, and it created a new type of specific restraining order for preventing a person from possessing, purchasing, or handling a firearm. The law also established a process for those who fear that a loved one may present a danger to themselves or others to take action.
Drivers' Rights during Traffic Stops
For many people, traffic stops are their most common interaction with law enforcement. This is understandable since an independent study commissioned by the Illinois Department of Transportation reports that there are almost 2.5 million traffic stops in Illinois every year. Yet, despite the common nature of these stops most people do not understand the rights they have in these interactions.
For instance, many people do not realize that they are protected from being pulled over for no reason. Police officers need to have probable cause in order to stop a car without a warrant. However, given the number of potential traffic violations that officers have available, this is usually not a high barrier to being pulled over. The more important protections come into play after the traffic stop starts, such as the right to remain silent, and the right to refuse searches. The Right to Remain Silent The first right drivers have is the right to not answer an officer's questions. People may refuse to answer almost any question an officer has for them. The exceptions to this are requests for drivers' licenses, registration, and proof of insurance, which people must provide. Yet, other questions, such as "Where are you coming from?" do not need to be answered. However, this right exists in the real world. Being needlessly uncooperative with police or being rude to them has the potential to make the traffic stop harder than it has to be. If a driver is coming home from a bar at 3 a.m., they should probably not volunteer the information. If the driver is coming home from church at 11 in the morning, it may be better to just say that. The Right to Refuse Searches The law also provides people with the right to refuse to consent to a search of their vehicle. The limits of this right are important to understand. The right to refuse to consent to a search is not the same as the right to not be searched. Police officers are allowed to search people's cars if they have probable cause to believe that they will find evidence of a crime, regardless of whether the person consents. However, consent eliminates the need for probable cause. If a person does not consent to the search, and the officer finds something, then a lawyer may be able to get that evidence thrown out of the case because it came from an improper search. A driver's consenting to a search eliminates that potential strategy. This can be important because in many instances the evidence that the police found in the car will be key to proving the prosecution's case. The law provides a variety of rights to citizens in order to limit the power of the police. If you are being charged with a crime and think your rights were violated, contact a Kane County criminal defense attorney today.
Illinois Senate Looks to Restrict License Plate Reader Use
A new piece of law enforcement technology is raising serious privacy concerns as more and more states, including Illinois, begin to employ it. The technology in question is an automatic license plate reader (ALPR). The reader takes photographs of license plates and stores them in a database along with the associated location, creating a file of where specific vehicles were at specific times. Although these ALPR systems have legitimate benefits and have helped solve crimes, they present significant privacy issues. At present the police have the authority to store this information about millions of motorists without due cause for a considerable amount of time. A new bill introduced in the Illinois senate is designed to place limits on the use and retention of ALPR data in order to preserve the privacy of citizens.
Automatic License Plate Readers
ALPRs are new law enforcement tools that can track the movement of a variety of vehicles. The system consists of a set of up to four cameras facing various directions installed on road and highway locations, or mounted on police vehicles. The cameras are programmed to automatically capture the license plates of passing cars or, in the case of police car-mounted cameras, the plates of vehicles nearby. The ALPR then sends the image to a police database, time-stamped and tagged with a GPS location. Additionally, if the camera is mounted on a squad car, it can also inform the officer of any outstanding warrants or traffic issues associated with that license plate.
ACLU Reports Stop-and-Frisk Overuse in Chicago
According to a new report, the rate of the controversial practice known as "stop-and-frisk" in Chicago puts the Second City among the highest in the nation. The American Civil Liberties Union of Illinois released the report last month which examined the use and potential abuse of such procedures and offered recommendations for maintaining public trust.
History of Stop-and-Frisk
A United States Supreme Court decision dating back to 1968 confirmed that police officers are permitted to stop an individual under the reasonable suspicion that he or she has committed or is about to commit criminal activity. Once the individual has been stopped, the officer is permitted to physically frisk the person, but only if the officer has reasonable suspicion that the individual is dangerous or is in possession of a weapon. There is no requirement for an arrest to be made and documentation to be filed after a stop-and-frisk is minimal, which critics maintain creates the opportunity for abuse of the practice.
Construction Zone Violations and Road Safety
As Illinois emerges from yet another winter that felt like it would never end, road improvement projects are beginning in earnest throughout the state. Resurfacing, road repairs, and in some cases, full roadway or bridge replacement mean that the orange barrels, cones, and signs will once again be common sights for drivers. While traffic slowdowns and congestion may be a source of annoyance for many, safe driving through construction zones is not only required by law, but necessary for the safety of those working on the roads.
Road construction zones can be extremely confusing, with numerous signs and instructions, large vehicles and construction equipment, and large numbers of workers all in the immediate area of cars and trucks often driving at highway speeds. According to Illinois highway authorities, more than 4,300 accidents occur in construction zones on state roads every year, killing dozens and injuring hundreds. A number of those killed or hurt were roadway workers going about their daily jobs.
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