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Computer Hacking Warrants: DOJ Proposes Changes to Law

 Posted on April 29, 2014 in Criminal Law

Arlington Heights criminal defense attorney, computer hacking, Fourth Amendment, illegal search and seizure, Illinois criminal defense lawyer, install malware, install spyware software, Law Offices of Scott F. Anderson, probable cause, Rule 41, U.S. Department of Justice, unreasonable searches and seizuresThe U.S. Department of Justice (DOJ) has submitted proposed changes to the law which would make it easier for law enforcement to obtain warrants in order to hack into a criminal suspect’s computer. The proposed changes were presented to the Judicial Conference’s Advisory Committee on Criminal Rules. The federal search warrant rules are known as "Rule 41."

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Woman Arrested After Killing Homeless Man While Drugged Driving

 Posted on April 19, 2014 in DUI

drugged driving, DUI, driving under the influence, Arlington Heights criminal defense lawyerCherise Wardlow, 39, was charged with "aggravated driving under the influence involving a death and a count of misdemeanor DUI," after an early April incident in Aurora, reports the Chicago Tribune. Wardlow, of Montgomery, tested positive for marijuana after hitting and killing a homeless pedestrian at about 4am on a February night. "She told police she heard a loud thump and immediately stopped and discovered she had hit the pedestrian," states the Tribune. The man, Donald L. Early, 54, was pronounced dead at the scene. A warrant was issued for Wardlow’s arrest, but the next day, reports the Tribune, she turned herself in and posted the $7,500 bond.

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University of Virginia Student Files Lawsuit against ABC for Arrest

 Posted on April 11, 2014 in Criminal Law


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Woman Arrested for DUI After Wrong-Way Crash on I-94

 Posted on April 05, 2014 in DUI

wrong way, DUI, drunk driving, driving under the influence, Arlington Heights DUI defense, lawyer, attorneyA woman was arrested for DUI in north suburban Skokie after driving the wrong way on I-94 and crashing her vehicle at around 2:05am, according to Chicago CBS Local. Illinois State Police Sgt. George Jimenez told CBS Local that after the woman crashed her vehicle she must have "gotten turned around," and "began driving north in the southbound lanes." She eventually turned the vehicle around and was driving the correct direction in the southbound lanes, but was pulled over when she exited the expressway. "The female, who was the only occupant of the vehicle, suffered minor injuries and was treated at the scene," reports Chicago CBS Local.

According to a publication from the Illinois Center for Transportation, there were 217 wrong way crashes on Illinois freeways between 2004 and 2009. These resulted in 44 deaths and 248 injuries. More than 50 percent of these incidents were caused by drivers, "confirmed to be impaired by alcohol." An additional "5 percent were impaired by drugs, and more than 3 percent had been drinking," according to the report. The number of fatalities nationwide resulting from wrong-way crashes also remains disproportionately high—in 2009, there were more than 900 fatalities caused by wrong-way crashes, as opposed to 420 fatalities on average per year.

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Kerry Kennedy Found Not Guilty of DUI

 Posted on March 31, 2014 in DUI


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School Superintendent Could Lose Job Over DUI Arrest

 Posted on March 24, 2014 in DUI

DUI, traffic stop, DUI arrest, lawyer, attorney, drunk driving, driving under the influenceThe superintendent of Schaumburg schools was arrested for a DUI in February and plead guilty in early March to a reckless driving charge, according to the Chicago Tribune. Andrew DuRoss was dining at a restaurant and called the authorities to report a missing purse from his table. When the authorities arrived DuRoss was warned not to drive. When he was pulled over near the restaurant, "his blood alcohol level was 0.117, according to court documents," and as reported by the Chicago Tribune.

After his arrest, DuRoss received court supervision and "agreed to undergo alcohol counseling, wear an alcohol monitoring anklet for six months and pay $2,500 in fines and court costs." Because DuRoss took this part of the plea the DUI case against him was not pursued. "It’s been a humbling and very difficult experience for me and my family," DuRoss said after his hearing in court, according to the Tribune.

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Diet Soda Mixed with Alcohol Increases Blood Alcohol Content More than Regular Soda

 Posted on March 17, 2014 in Criminal Law


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Woman Slams into Cop Car, Charged with DUI

 Posted on March 11, 2014 in DUI

DUI charges, DUI lawyer, criminal defense, Arlington Heights, Illinois, cirminal defense attorneyA 22-year-old southwest suburban woman "was charged with drunk driving after she swerved into a Hickory Hills police car that was trying to pull her over and then fled from the scene, leaving behind two officers who were injured and trapped inside their squad car," according to the Chicago Tribune. One of the officers trapped in the car recognized Olivia D. Aguilar, and directed other officers to her home, a Cook County prosecutor told the Tribune. When they got there, "police tracked blood and shoeprints in the snow to Aguilar, who they reported was belligerent and seemed intoxicated," reports the Tribune.

The cruiser that the alleged intoxicated driver slammed into was fully marked. Police first began to pursue Aguilar when they attempted to stop her for driving without headlights, reports the Tribune. Instead of stopping, however, she accelerated and swerved toward them. "The officers had to be extricated from the cruiser and were hospitalized with bruising and swelling," reports the Tribune. Aguilar is currently facing a slew of serious charges, including "aggravated battery, failure to stop after an injury accident, driving under the influence, failure to reduce speed, no proof of insurance, failure to give aid, no headlights, and driving with a suspended license."

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Illinois Has Second Highest Number of Criminal Exonerations in 2013

 Posted on February 28, 2014 in Criminal Law


criminal exoneration, Arlington Heights criminal defense, criminal lawyer, Chicago attorneyAccording to a report from the National Registry of Exonerations, last year, Illinois was the number two state in the nation which exonerated people who were wrongfully convicted of crimes. In 2013, the state exonerated 9 people, officially vindicated of the crimes for which they were convicted. Some of those who had been convicted had been in prison for decades for crimes they had never committed. The number one state with the most exonerations in 2013 was Texas, with 13 people absolved of their criminal convictions. New York followed with 8, California with 6, Michigan and Missouri were tied with 5. According to the registry, there have been 1,304 exonerations nationally since 1989. One third of the total number of exonerated cases was for crimes that didn’t actually happen. Almost half of these were for non-violent crimes. The racial/ethical breakdown was as follows: 47 percent of those exonerated were black, 40 percent were white, 11 percent were Hispanic and 2 percent were Native American or Asian. Ninety-two percent were men and eight percent were women. Eleven percent of those exonerated had pled guilty before trial. Eighty-one percent were convicted by a jury and seven percent convicted by a judge. One percent was unknown.

The total number for 2013 was 87, which was the highest year ever. However, the percentage of those exonerations based on DNA evidence dropped. A spokesperson from the registry said this decrease is a good indicator of the increasing number of convictions that are being granted that are for crimes other than murder and sexual assault.

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Can Police Search Your Cell Phone Without a Warrant?

 Posted on February 20, 2014 in Criminal Law

cell phone search warrant IMAGEThe Supreme Court recently announced that it will be deciding whether or not law enforcement are required to get a warrant to search a cell phone that is seized during an arrest.

Police and prosecutors argue that cell phones fall into the same category as other items found on someone being taken into custody that the judicial system has agreed can be searched.

But those against allowing the searches say that information that people store in their cell phones is information that in the past would be kept in a person’s home and would otherwise require a warrant. Items such as photographs, written messages (emails and text messages), videos, voicemail, contacts, web history (including search and browsing), calendar appointments, personal records (medical and financial) and purchases, can all now be found on a person’s cell phone.

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