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Defending Against Charges of Fraud

Joliet fraud attorney

Regardless of how large or small the amount in dispute may be, an accusation or charge of fraud is a serious matter which can lead to severe criminal consequences. Depending on the circumstances, one can lose their job, pay a large fine or even spend time in prison.

Credit Card Fraud

If you are charged with credit card fraud, the possible penalties vary according to the state in which you are charged, the amount of the alleged theft, and your criminal history, among other factors. Minor offenses may result in a fine or jail time, but a case of credit card fraud pursued as a felony can land a person in prison.

There are definite steps a merchant or seller can take to defend against credit card fraud charges. Providing your fraud defense lawyer with any or all of the following will go a long way in helping your case:

• Submit records of AVS and CVV matches.

• Using a publicly accessible source, show proof that the billing address matches the customer’s name, and do the same for the shipping address and the name of the recipient.

• Retain records of emails, text messages, and other electronic communications with the customer.

• Obtain any records of signatures by the customer showing proof of receipt.

Typically, in a case involving a charge of fraud, it must be shown that the defendant knowingly committed the fraudulent act. One can defend themselves in such a case if, for example, they can prove that the act was not committed with fraudulent purposes in mind.

Federal Involvement

If a charge of fraud involves a bank or use of the mail, for example, this may result in the involvement of federal law enforcement officials, because these are institutions insured or operated by the United States government. Furthermore, those attempting to defraud insurance companies with bogus claims may end up facing a sentence of time in a federal penitentiary.

Retain a Knowledgeable Illinois Fraud Defense Lawyer to Protect Your Rights

Fighting a charge of fraud without the help of an experienced attorney can often end with costly and unpleasant results. Take steps to protect your rights with help from a resourceful criminal defense attorney who understands the seriousness of each case. The Law Office of Jack L. Zaremba will conduct a meticulous review of your case and present options for a strong and aggressive defense strategy. Contact our Joliet fraud defense attorney today at 815-740-4025 to schedule a free initial consultation with an experienced legal professional.

Illinois Supreme Court Shoots Down 1,000-Foot Gun Ban Near Parks

Illinois Gun Lawyer

A February 2018 ruling by the Illinois Supreme Court has declared one of the state’s gun laws unconstitutional. The law in question appears in Chapter 720, Article 24, of the Illinois Criminal Code. Under this law, carrying a firearm on a public street without a concealed carry permit is designated a Class A misdemeanor. However, Article 24-1(c) upgrades the charge to a Class 3 felony if the firearm possession is on any public way within 1,000 feet of a public park.

For perspective, 1,000 feet is roughly equivalent to the length of a city block.

The court ruled that the 1,000-foot ban violates the Second Amendment because it places a “severe burden on the recognized second amendment right of self-defense.” The court’s ruling effectively strikes out the “within 1,000 feet of a public park” provision.

This Supreme Court decision also vacated the 2013 conviction of the appellant, Julio Chairez, who had pled guilty to possession of a gun near Aurora’s Virgil Gilman Trail park. Chairez had been sentenced to two years’ probation by the Kane County Circuit Court.

In writing the court’s opinion, Chief Justice Lloyd Karmeier said the law was too broad. People living near parks could potentially be charged with committing a felony just for walking from their street-parked car to their house with a firearm. “This requirement…renders the ability to defend oneself inoperable and is in direct contradiction to this court’s (earlier) decisions…, which recognized that the right to carry firearms for self-defense may be especially important when traveling outside of the home,” the ruling said. “The most troubling aspect [of the law] is the lack of any notification where the 1,000-foot restriction zone starts and where it would end.”

The Supreme Court also decided that the State did not provide a valid “public safety” argument in support of a firearm exclusion zone around parks. “Without specific data or other meaningful evidence, we see no direct correlation between the information the State provides and its assertion that a 1,000-foot firearm ban around a public park protects children, as well as other vulnerable persons, from firearm violence,” the court’s opinion stated.

The case on appeal only dealt with the issue of public parks, so the court did not address the statute’s 1,000-foot restriction areas around schools, courthouses, public transportation facilities, and public housing sites. It remains to be seen, in some future case, whether those other 1,000-foot rules will hold up under appellate court scrutiny.

Get the Best Defense with a Will County Firearms Defense Lawyer

Illinois has some of the strictest and most confusing gun laws in the nation. If you have run afoul of Illinois firearms regulations, you need an attorney experienced in firearms law to defend you. Contact a knowledgeable Joliet criminal defense lawyer for a free and confidential consultation. Call Jack L. Zaremba at 815-740-4025; calls are responded to 24 hours a day.

Strategies for Drivers Who Get Pulled Over By Police

joliet traffic ticket lawyer

Anyone who has ever been behind the wheel has experienced the sinking feeling in the pit of their stomach when they see the flashing lights in their rear view mirror. It is a great relief when the patrol car drives past, but when it pulls up behind you, the thought of receiving a traffic citation is enough to ruin anyone’s day.

Can You Avoid Receiving a Ticket?

Even if you have been pulled over before, your mind begins racing around with ideas of what to say, how to act, and ways of working your way out of a ticket and receiving just a warning. While we do not pretend to suggest that the following tips will guarantee a pass from the officer, consider these strategies when encountering police during a traffic stop and you just might avoid a traffic ticket:

• Do not have a bad driving record. Perhaps this is a bit of a “no brainer,” but police are more likely to go easy on a driver with a clean driving history. However, if you already have one or two citations on your record from the past 12 months, you will probably get another one.

• Avoid aggressive or reckless driving habits. Drivers who change lanes or make turns without signaling in the midst of heavy traffic, or those who do so at higher speeds, tend not to catch breaks.

• Do not admit guilt. We do not recommend lying to the officer, but acknowledging the possibility of an error on your part without fully admitting guilt is not a bad strategy to use.

• Be nice. Acting like a jerk will likely earn you a ticket every time. Police are people too; civility and politeness can go a long way with someone who is just doing their job.

• It does not hurt to ask for a warning, especially if you have a clean record. It does not always work, but if the violation is minor, some officers may agree to your request.

Work With An Experienced Will County Traffic Violations Defense Attorney

You probably will not get out of a ticket every time, so when it happens that you receive a citation and feel it is worth contesting, be sure to work with a knowledgeable Illinois speeding ticket and traffic violations defense attorney. Getting the help of an experienced legal professional can make all the difference in your case. The Law Office of Jack L. Zaremba provides clients with a thoughtful review of case details to offer a realistic defense strategy. Contact us at 815-740-4025 to schedule an initial consultation.

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