Articles Tagged with criminal defense attorney in Chicago

markus-spiske-153537-200x300Terrorism is the current concern of the cyber security community. The key legal principles are laid out at a national level. However, there are many other forms of cybercrime which are largely downgraded yet quite capable of harming people. This is not just a problem for Chicago, but for the entire world at large. As is often the case in these instances, the argument is about establishing the right parameters for upgrading a simple cybercrime into cyberterrorism or cyberwar. For example, internet trolling is rarely capable of meeting the standards of terrorism, yet it is also a serious crime that is often prosecuted by the authorities. Others have decided to define cyberterrorism as any form of cyber crime that involves nations or entire communities.

Some of the worst offenders under this law are not pariah states but individuals who have used their expertise in order to hack into government agency databases before strategically leaking the resultant data in order to cause maximum embarrassment to the government. Although WikiLeaks and Snowden might argue that they do not meet this criteria, the reality is that the US government considers their actions to be a threat to the state. Therefore, the prosecution process and the indicative sentencing might be a lot harsher than would be the case for other types of cybercrime. We might then argue that it is the state that determines the fine line between cybercrime and cyberterrorism.  

Investigating and Classifying the Crime

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Healthcare fraud has been raised as a matter of concern not only in Chicago but in the country as a whole. It raises the costs of providing healthcare and also means that vulnerable people who need support are left behind. The cases in this category are unique because they often provide a corporate entity that is tasked with the role of distributing healthcare services. The large scale Medicare fraud occurs within the modalities of overcharging the state or alternatively charging it for services that were never delivered. In either case, the consequences for those involved can be dire. They could lose the license to practice and may be banned from government contracts for a considerable period of time.

Over time, a number of fairly consistent patterns of offending have emerged. First of all, there are three main modalities including Medicare Fraud, Medicaid Fraud, and Kickbacks. Each of these modalities are united by deceit and illegal benefits. For example, overbilling has been a persistent problem in Medicaid and Medicare programs, despite the stringent protective measures that were adopted by Congress and local legislatures. In some cases, the service provider is so overwhelmed by paperwork and bureaucracy that they end up making inadvertent mistakes. Obviously the courts will take into consideration both the act and the intention behind it before passing judgement.

Damaging the Integrity of the System

igor-ovsyannykov-208345-300x200It used to be that currency creation and distribution was the sole responsibility of state agencies, such as the central bank. However, the advent of non-official and bespoke currencies has meant that there are many people who are inadvertently breaking the law. The definitions of currency have expanded so much that the law sometimes appears to be contradictory. Some of the industries that are affected in Chicago include staffing agencies and factories. Moreover, there are some online currencies such as Bitcoin that lie outside the traditional strictures of currency controls. In the worst case scenario, there is an actual factory of illegal tender. Some of these crimes can lead to significant terms of imprisonment.

Key Ingredients of the Crime

The first criterion relates to how the currency was manufactured or distributed. As stated earlier, the expectation is that only the state can make currency. It is for this reason that the federal agencies might be involved since states do not currently have the right to make currency. The case law indicates that currency schemes are sometimes considered to be a much more serious offense than counterfeiting of even forgery. Some of the constituent aspects of the crime are legislated under the instrument number 720 ILCS 5/17-0.5, but that instrument also talks about other forms of deception and fraud which may not necessarily relate to currency schemes.

800px-Compact_bolt_cutters_215mm-300x134Crimes or accusations of inference and supposition ought to be relatively easy to defend because of the lack of clarity surrounding them. However, the reality is that the legislation has been written in such a way as to favor the prosecutor and the accusing officer. The basic tenets of the law under the provisions of statutory instrument number 720 ILCS 5/19-1 are that if you are caught with paraphernalia that could be used to commit a crime; then the authorities are well within their rights to accuse you of the intention to commit that crime.

That is not always the case in all crimes, but in the case of burglary the principle more or less operates as described above. That then leads the defense counsel to determine what exactly constitutes crime-related paraphernalia. In this, as in many other things, the law is still lacking in clarity. For example, something like a bolt cutter could be used for legitimate carpentry operations as part of a professional undertaking. At the same time, it remains one of the most common tools that home burglars use in order to gain access.

Developing the Rules Through Experience

https://www.chicagocriminallawyerblog.com/files/2017/01/550px-Censored_rubber_stamp.svg_-300x261.pngThe law of public indecency in Chicago is complex precisely because it touches on the interaction between personal freedom and societal norms. What some consider to be harmless exhibitionism may meet the statutory minimum for the crime of public indecency (see People v Reed). Generally speaking, society has condemned indecent exposure in public as an unacceptable occurrence that must be punished. Sometimes, however, people who are engaged in perfectly harmless activities are suddenly subjected to a complex criminal investigation under these laws. However, it must be noted that the law enforcement agencies in Chicago have used an even-handed approach in these cases.

Understanding How the Crime is Committed

The intent is important in determining whether the offense is a mere misdemeanor or whether it meets the criteria for a felony. It is not the case that indecent exposure is an infraction, although this is a widely held misconception of the law. You should not expect that you can get away with merely paying a small fine. In the worst case scenarios, you can get a substantial term of custody as well as compulsory registration on the sex offenders list. The provisions of 720 ILCS 5/11-30 set out the legal premise for the law as follows:

file000340814082Home invasions have been the fodder for criminal defense attorneys in Illinois for ages. Recently there has been a growing conversation around the response of the homeowner and whether he or she is legally protected. States like Florida have a stand-your-ground provision which has sometimes led to tragic consequences. To make matters worse, some of these incidents are alleged to involve an element of racial animus. One need only look back at the circus surrounding the George Zimmerman case to realize that self-defense is never as simple as it looks on paper when the laws are first drafted.

Burglaries are going to continue and defense lawyers are going to continue to use every trick in the book to get an acquittal or generous sentence for their clients. This article highlights some of the important considerations for the law as it stands but also the implications for defendants and homeowners.

A Law that is a Series of Compromises and Interests

You’ve no doubt heard about Maroon 5 front man and The Voice star Adam Levine being sugar bombed recently, most likely in reference to the band’s current hit song Sugar. But what the assailant no doubt thought would be a hilarious prank turned out to be not so funny when he was arrested and charged with battery.7881515460_2412f9830a

Chicago Battery Charge Requires Only Slight Contact

A battery charge isn’t contingent upon the amount of physical harm caused to the victim. It doesn’t matter that it was meant as a prank, and that after the fact, when it was clear Levine suffered no real harm, people laughed. The only thing that matters is that there was contact between the defendant and the victim, and the nature of that contact. In order to be charged with battery the defendant must have:

  • Acted knowingly;
  • Without legal justification, and;
  • Caused bodily harm or;
  • Made physical contact of an insulting or provoking nature.

So how does this apply to the sugar bombing? Let’s examine each element separately.

The ‘knowingly’ requirement

Acting “knowingly” means that the defendant’s action could not have been accidental. The defendant must have either done it on purpose, or acted in a manner that he was reasonably certain would have resulted in Levine getting doused with sugar. If he had been walking down the street with a bag of sugar and dumped it only after tripping, that would not rise to the level of “knowing” required to be convicted of battery.

‘Without legal justification’

This element means that the defendant could not have acted in self-defense, or because he had other legal justification to make physical contact with the victim. It is this “without legal justification” element that protects law enforcement from being charged with battery for routine arrests. The defendant in this case would have to prove that Levine attacked him, and that the defendant threw the sugar to protect himself from the attack.

Caused bodily harm

One way to complete a battery is for the defendant to have caused bodily harm to the victim. The harm doesn’t need to be severe or require medical attention in order to qualify. A scratch or bruise is the same as a broken bone in terms of meeting the harm requirement. If the sugar was thrown with enough force to cause even a reddening, or if it got into Levine’s eyes and caused a stinging, that slightest injury would be sufficient to constitute a battery.

Physical contact of an insulting or provoking nature

The second way to complete a battery is for the contact to be insulting or provoking. A shove may not cause bodily harm, but it is an act that provokes a response. If a shove is accompanied by trash talk, that could constitute contact of an insulting nature.

Physical contact doesn’t need to be to the victim’s body; it can be to an object the victim is holding. Kicking a cane, or pushing a ball out of a person’s hands while making threatening statements could be considered contact of an insulting or provoking nature. The physical contact also does not need to be from the victim’s hand or other body part. The defendant only needs to have been in control of the item that made contact with the victim.

The sugar bombing could meet either of these requirements, depending on the circumstances. If the defendant yelled any derogatory, inflammatory or insulting words to Levine during the attack, that would make it both insulting and provoking and would qualify as a battery. Likewise, throwing anything at a person would be considered provoking, as it could give rise to a retaliatory response by the victim.

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