Articles Posted in Theft

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As a criminal defense attorney in Chicago, I’ve seen the devastating impact that an aggravated identity theft charge can have on an individual’s life. These charges are not only severe but can also be complex to navigate. Understanding the intricacies of the statute under 720 ILCS 5/16-30(b) is crucial for anyone facing such allegations. This article aims to provide comprehensive information about what constitutes aggravated identity theft, the relevant statutes, potential penalties, common defenses, and the importance of having an experienced attorney by your side.

The Statute and Relevant Laws

Aggravated identity theft is outlined under 720 ILCS 5/16-30(b) in the Illinois Compiled Statutes. This law elevates the crime of identity theft to aggravated identity theft under certain conditions. Generally, identity theft involves using someone else’s personal information, such as social security numbers, bank account details, or credit card numbers, without their permission for fraudulent purposes. When specific aggravating factors are present, the charge becomes more serious, carrying heavier penalties.

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Facing federal identity theft charges is a serious matter that can lead to significant legal consequences, including substantial prison time and heavy fines. As a seasoned criminal defense attorney in Chicago, I understand the complexity of these charges and the profound impact they can have on your life. Federal identity theft charges are primarily prosecuted under 18 U.S.C. § 1028, which encompasses a wide range of activities related to the unlawful use of identification documents and personal information. This article will provide a thorough overview of the statute, relevant laws, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

Federal identity theft is governed by 18 U.S.C. § 1028, which criminalizes a variety of activities involving fraudulent identification documents and personal information. The statute covers the production, transfer, possession, and use of identification documents and authentication features that are fraudulent or obtained through illicit means. Here is an in-depth look at some of the key provisions of 18 U.S.C. § 1028:

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As a seasoned Chicago criminal defense attorney, I have witnessed the myriad ways in which financial misconduct can manifest, especially during times of economic upheaval. The Paycheck Protection Program (PPP), established to provide relief to businesses affected by the COVID-19 pandemic, unfortunately, has also become a fertile ground for fraud. Understanding the most common types of PPP loan fraud is crucial not only for those facing allegations but also for the broader community to comprehend the legal landscape surrounding these offenses.

Understanding the Statute and Relevant Laws

The Paycheck Protection Program was enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020. The program aimed to provide small businesses with funds to keep their workforce employed during the pandemic. Administered by the Small Business Administration (SBA), the PPP offered forgivable loans to businesses under specific conditions, primarily related to the maintenance of payroll.

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Shoplifting is a common criminal charge in Chicago, encompassing a range of actions from stealing merchandise to altering price tags. The consequences of a shoplifting conviction can be significant, affecting not only legal records but also future employment opportunities and social reputation. Understanding the nuances of Illinois law regarding shoplifting, including how to defend against such charges, is essential for anyone involved in such a case.

Understanding Shoplifting Under Illinois Law

In Illinois, shoplifting is legally referred to as retail theft and is governed by the Illinois Compiled Statutes 720 ILCS 5/16-25. This law defines retail theft as knowingly taking possession of, carrying away, transferring, or causing to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail establishment with the intention of retaining such merchandise or depriving the merchant permanently of the possession, use, or benefit of such merchandise without paying the full retail value.

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Identity theft is an increasingly prevalent issue that affects countless individuals, leading to significant financial and personal repercussions. In Illinois, the legal statutes surrounding this offense are detailed in 720 ILCS 5/16-30, which provides a comprehensive framework for prosecuting identity theft crimes. This article will explore the specifics of the law, including the relevant legal definitions, potential penalties, and effective defense strategies.

Legal Definitions and Scope of Identity Theft in Illinois

720 ILCS 5/16-30 – Identity Theft Law:

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Possession of Lost or Stolen Credit or Debit Cards Under 720 ILCS 5

In Illinois, possessing lost or stolen credit or debit cards is a criminal offense that can lead to severe penalties, including hefty fines and incarceration. Under the Illinois Compiled Statutes, specifically 720 ILCS 5/16-1.5, this offense is treated with stringent legal measures to combat financial fraud and protect personal financial information. This article delves into the intricate details of this statute, exploring legal definitions, potential penalties, and effective defense strategies for those accused of such offenses.

Legal Framework Under 720 ILCS 5/16-1.5

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In retail settings, incidents of suspected shoplifting are not uncommon, and how they are handled can significantly vary from one store to another. Customers often wonder about their rights and whether a store employee can legally prevent them from leaving the premises on suspicion of shoplifting. Let’s now explore the legal boundaries and responsibilities of both store employees and customers under such legal circumstances.

Legal Framework Surrounding Detainment for Shoplifting

Store owners and their employees have a certain amount of legal protection under what is generally known as the “shopkeeper’s privilege.” This privilege allows them to detain suspected shoplifters on the store premises for a reasonable amount of time, provided they have probable cause to believe that shoplifting has occurred. The key elements here are “probable cause” and “reasonable amount of time,” both of which must be clearly justified to avoid potential legal consequences such as claims of false imprisonment or harassment.

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A Chicago man has been charged with carjacking from an incident that occurred last March, according to a recent press release. The incident occurred in Mount Prospect, and Mount Prospect police initiated the arrest. According to the report, the incident occurred at 11 p.m. on March 19, 2022. A white Hyundai Santa Fe was stolen in the 1800 block of North Burning Bush Lane. The vehicle was recovered in Chicago three days later and was towed to Mount Prospect police headquarters. A stolen license plate was found affixed to the vehicle. The suspect was apprehended after fingerprint analysis on the license plate matched the suspect’s. The suspect’s bail was set at $200,000.

Vehicular Hijacking Charges

With the rise in carjackings all across the nation, authorities have been cracking down and filing charges against suspected carjackers. The State of Illinois takes carjacking very seriously. It is punishable by a sentence of either 4 to 15 years or when conditions can be considered aggravated, a term of 6 to 30 years. In some cases, carjacking charges can have enhancements that include the possibility of life in prison. 

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A 31-year-old Chicago woman pleaded guilty to weapons charges in connection with an arrest related to looting during the George Floyd protests. She was charged with the possession of a firearm by a felon after officers spotted her in the doorway of a bar. The woman was found in possession of about $5,000 in stolen jewelry as well as an illicit handgun. The tags were still attached to the jewelry, which had been looted from a nearby store. 

The defendant had been sentenced previously for aggravated robbery, which is a felony. The felony on her record would bar her from owning a gun. The charge could lead to a maximum sentence of 10 years in prison. However, her attorney announced they would be looking for a sentence in the three-to-five years range. 

Being a Felon in Possession of a Weapon

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After social media videos disseminated online showed how certain models of vehicles can be hotwired, reports of car thefts have skyrocketed in the Chicago area. Criminal experts say that the boom in car thefts is only partly related to the videos, and carjackings and similar crimes are also accounting for a spurt in car thefts. While data released relates to Chicago, the same can be said of major cities all across the U.S., with some putting the uptick as high as 20%. 

Security cameras caught the theft of high-end vehicles from a repair shop, a novel approach to stealing cars. The owner of the repair shop said they had six or seven guys jimmying the locks, which allowed them to overpower the locking devices and break into the repair shop.

Car Theft Statistics by State

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