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Recent Blog Posts
Fraudulent Credit Card Charges: Who Is Responsible?
Crimes that affect our wallets, bank accounts, and credit scores do more than interfere with our personal finances. They affect businesses and everyone depending on funds and income derived from those businesses. Advertising scams, internet fraud, and identity theft are not new crimes—they have been hurting consumers and business owners alike for years—but they do continue to evolve and increase in severity over time. One of the most prevalent and troublesome financial crimes today is credit card fraud, and the first thing that most consumers want to know when they discover they are victims of this theft is who will be held responsible.
Who Must Pay for Fraudulent Charges?
There are various Illinois state and federal consumer laws that address this issue in order to protect consumers victimized by credit card theft. For example, you are legally required to pay $50 per card, at most, in the event that someone steals and uses your credit cards. The moment you notify the bank or issuer of the card(s) that the card has been stolen, you are not legally required to pay for any unauthorized charges that incur after that notification.
Chicago Police Denying Arrestees’ Right to an Attorney?
According to the Chicago Police Department’s own statistics, obtained by CNN under the Freedom of Information Act, in the past three years, less than one percent of the suspects who are arrested by Chicago police actually see an attorney during the time they are in police custody.
Mayor’s Task Force
In response to the disturbing numbers, Chicago Mayor Rahm Emanuel assigned a task force to look into the practices of the Chicago Police Department. The Police Accountability Task Force (PATF) recently issued a report that contained alarming and potentially damning information. According to the report, the Chicago Police Department "generally provides phone access (to arrestees) only at the end of processing, after interrogation and charging." The task force blasted the police department for this practice, citing evidence of arrestees who attempted to invoke their right to legal counsel, then face hostility from the police. The practice may be a violation of the individuals’ constitutional rights.
Understanding the Zero Tolerance Law
Underage drunk driving accidents comprise a disturbingly large portion of Illinois auto accidents. Despite the dangers, they continue to be a longstanding problem on the roadways as many underage drivers seem to remain unaffected by the facts. According to the Illinois State Police, about two out of every five Americans will be involved in an alcohol-related crash at some point in their lives, making the need for a proactive approach to underage drunk driving an ongoing, urgent matter.
Legal Consequences: The Basics
Illinois maintains a so-called "Zero Tolerance" law in regard to drivers under the age of 21. As the name implies, a driver not of legal drinking age who is found to have any trace of alcohol in his or her system can be charged with driving under the influence, or DUI. One could argue that not every driver in such a situation is necessarily impaired, but the Zero Tolerance law means that proving impairment is not necessary.
Posting Bail in Illinois: What You Need to Know
When someone is arrested on criminal charges, it can take months (or longer) before their case goes to trial. This does not necessarily mean that the individual has to wait in jail. Some situations may permit for a bail – a monetary payment – to be posted, giving the accused a chance to wait for their trial outside of police custody. If you or someone you love has been arrested and is facing charges, learn how bail bonds work in Illinois, and what it means for the accused, and the payer of the bond.
How Bail Works
At its core, bail is a pledge to return to court for all scheduled hearings. It might be a pledge of personal property, or even a personal promise from the accused. However, bail is generally a monetary sum of money. As long as the accused follows through, the bail is returned upon the defendant’s exoneration. Alternatively, if the accused is convicted, the funds are put toward their court fines. When a defendant fails to attend their scheduled hearings, the bail is forfeited and a warrant is issued for their arrest.
Domestic Battery Charges in Illinois
Domestic battery is considered a serious offense in the state of Illinois, and those who are convicted can face heavy penalties. Even first-time offenders with no previous criminal record can experience permanent effects that impact their daily lives. If you are facing domestic battery charges, understand these potential consequences, and how you can most effectively protect your future.
What Is Domestic Battery?
Illinois state law defines domestic battery as intentionally or knowingly causing bodily harm to another family member, or intentionally provoking or threatening a family member in a way that makes them believe you may cause them bodily harm. This can extend beyond those that live with you and may include:
- Spouses or former spouses;
- Parents;
- Children or stepchildren;
- Current or former roommates;
How Effective Are Credit Card Theft Monitoring Programs?
Thanks to a steady increase in credit card fraud and identity theft in recent years, an intense need for additional protection has spawned for consumers of all kinds. Such security is particularly important for those who make purchases via the internet and through various mobile apps. Nowadays, it seems everyone shops on-line for purchases both small and large.
No one is immune to identity theft, especially when we live in a world where technology rules and our bank account information is more accessible than ever before. In some cases, individuals sometimes even find themselves accused of credit card theft crimes due to the fact that their name was tied to certain information, when in reality, they actually had nothing to do with the crime whatsoever.
How Do Monitoring Programs Protect You?
To combat the ongoing problem, most credit card companies offer complimentary credit card monitoring services when you open an account with them. Some companies charge a small fee, but all of the programs exist to alert you to any suspicious or fraudulent activity that may adversely affect your financial standing. While credit card theft monitoring programs cannot actually prevent theft altogether, they can offer a level of protection by bringing any suspicious activity to your attention right away so the theft can be addressed as quickly as possible.
Criminal Charges for Driving With a Suspended License
Every day, countless Illinois residents face the loss of their driving privileges due to driving with a suspended or revoked license. This is a serious consequence and inconvenience for nearly everyone. If you drive and own a vehicle, you likely depend on that vehicle to be a reliable mode of transportation to get you to and from work so that you are able to provide for yourself and your family.
Unless you are fortunate enough to work within walking distance to your place of employment or have access to an efficient public transportation system, your driving privileges allow you to maintain your livelihood. Even minor oversights or infractions can actually lead to the loss of your license, putting that livelihood at risk. To make matters worse, if you make the decision to drive once your license has been taken away and you are caught, criminal charges can ensue.
No More Hard Time DUI License Suspension in Illinois
Prior to 2016, if you failed or refused a roadside test for blood-alcohol content (BAC) in Illinois, your driving privileges would be automatically suspended for a period of time. The exact length of the suspension was based on your past history and whether you failed the test or refused to take—refusals resulted in longer suspensions. Such suspensions were—and still are—handed down by the Secretary of State’s office and are separate from the process of filing and prosecuting a driver for driving under the influence (DUI).
In recent years, modern technology has led to the introduction of driving relief programs that incorporate the use ignition interlock devices to ensure that a driver is sober when getting behind the wheel. These programs also allowed more drivers to get back on the road legally, despite their ongoing suspension of full driving privileges. The law, however, required a suspended driver to serve at least 30 days of "hard time" for a first offense with no ability to drive whatsoever. Repeat offenders were subject to even longer periods of full suspension.
Four-Time DUI Offenders May Be Eligible to Drive Again
Being convicted of driving under the influence (DUI) is always very serious, even if it is your first offense. In addition to expensive fines and possible imprisonment, you will almost certainly be subject to the suspension or revocation of your driver’s license. With multiple convictions, the penalties get much more severe on all fronts. Fines increase, potential prison sentences are longer, and revoked driver’s licenses become harder to reinstate. In fact, according to Illinois law, up until this year, drivers who were convicted of DUI on four separate occasions were automatically subject to a permanent license revocation, meaning they could never legally drive again.
The Old Way of Thinking
The ban on driving for those convicted of DUI four times was based on two premises. First, a person with four DUI convictions had all but proven by his or her actions that he or she could not be trusted to only drive when sober. This, in effect, meant that the person was a threat to public safety. The second idea was that of punishment. Not being able to drive created a serious inconvenience to the individual forcing them to find other modes of transportation.
Three Mistakes You Should Never Make When Faced with an Arrest
Whether you are confronted with suspicion of driving under the influence, accused of committing battery, or have been seen on surveillance video shoplifting, there are certain actions you should avoid when placed under arrest. How you decide to carry yourself from the moment an officer confronts you can work for or against you later on in a court of law.
Actions That Can Add Fuel to the Fire
While it is true that every Illinois state resident may exercise their basic constitutional rights upon arrest, conducting yourself civilly and politely when dealing with law enforcement is a crucial part in protecting your case as you move forward.
Conversely, here are three mistakes that have the power to potentially damage your case:
1. Resisting: If you are being arrested by an officer of the law, do not resist. You can be charged with resisting a lawful arrest, s. This is considered a Class A misdemeanor and can result in a prison sentence of up to one year, as well as a hefty fine. Even if the arrest is illegal and you are in fact innocent, failing to cooperate in any way does not help your case. If the arrest turns out to be a false one, you have the option to bring an action against the law enforcement officer later on, but during the actual arrest, it is important to cooperate.
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