The Best Defense for Computer Sex Crime Allegations

The isolation, embarrassment, and the shame of being convicted of a computer sex crime are at the forefront of your mind. “How do I protect myself from these accusations?” you ask yourself with a rising concern for your future wellbeing.

In Chicago and Cook County, being charged for a computer sex crime includes a range of crimes relating to photography, emails, texts, or any other form of sexual communication with a minor. Also, computer sex crimes include the production and distribution of any material that is of a sexual nature that involves a minor.

The best line of defense to protect yourself from these accusations is to hire a skillful and accomplished computer sex crimes defense attorney. Although it may seem hopeless, carefully combing through your unique case will enable you and your defense attorney to develop tactics to counter the prosecution’s claims head on.

The prosecution must prove guilt beyond a reasonable doubt – this includes proving that you, and only you, held the illegal material in your possession or made contact with the minor. There are many cases that would point out the flaws of the prosecution allegations in a computer sex crime trial. When downloading different materials from the internet, the illegal material may have been accidently downloaded as you were downloading something else. A hacker could have accessed your computer to view illegal materialsthrough your computer while concealing their identity. Your computer may have been accessible to multiple users – other users that have attempted contact with minors. In addition to these lines of defense, the most important question to ask is “did the officer have the proper warrant or probable cause to look at your personal belongings?” Sometimes officers may have warrants for only certain electronics but will take all your electronics anyway for their investigation. If they did not get the specific warrant to take the electronic holding the illegal material – the evidence may be inadmissible.

With these factors in mind, having a Chicago computer sex crimes defense attorney will empower you to protect yourself when facing the heavy burden of a computer sex crimes charge.

The Key to Defending a Criminal Offense Charge in Chicago

Remember: Innocent Until Proven Guilty

If you’ve been charged with a criminal offense, you can forget that legal presumption in the midst of an investigation, your main objective is to try to keep your life together. I repeat, Innocent Until Proven Guilty, because you need to know that it is the burden of the prosecution to prove guilt beyond a reasonable doubt. Of course, how do you take a criminal charge and change in into a “not guilty”? The answer is simple: you need the best criminal defense attorney to create a resourceful and thoughtful course of action for your case.

Depending on the type of criminal charge, whether misdemeanor or felony, convictions can range from hefty penalties to spending decades in jail. In Cook County ofChicago, some convictions can include both. The key to dealing with a criminal offense charge is to think like the prosecution. What evidence does the prosecution have that would indicate your guilt? What strategies would you use to try to get a conviction in your own case?Looking through a different lens will give you and your attorney the ability to anticipate any angle the prosecution will throw at you during thetrial.

In addition, you need to have the tools available to counter the prosecution’s claim. What is your alibi? It is important to look through every detail of the case and determine the most beneficial type of defense for your unique situation. Sometimes the answer to finding documentation on your alibi or any information that would prove your innocence is in the smallest details of the case. Don’t worry if this information is hard to come by! The prosecution must still prove guilt beyond a reasonable doubt – it is your attorney’s job to bring out the flaws of their case. No matter what type of criminal offense you’re charged with, attorneys such as David M. Smith, the best criminal defense attorney in Chicago and Cook County; will have the tools and strategies available for you to navigate the most advantageous path for your trial.

Understanding the basics of a Civil Order of Protection

The Illinois Domestic Violence Act is a law that pertains to family members and governs what acceptable and unacceptable behavior is.  Domestic violence may include physical or mental abuse, harassment, intimidation, stalking or otherwise interfering with another family member’s personal liberty.

In instances where one member of a family has hurt or is threatening to hurt another family member, the courts may issue a formal legal document known as a Civil Order of Protection.  This document is a court order signed by a judge and protects the person making the request (known as the petitioner) from the person who has hurt the petitioner (known as the respondent).

A Civil Order of Protection can only be filed against someone with whom the petitioner has a special relationship.  This may include:

  • Married or formerly married couples
  • People who are closely related, such as children, siblings or parents
  • People who currently or formerly lived together
  • People who currently or formerly dated each other
  • People who are currently or formerly engaged to each other
  • People with disabilities who want protection from their caregivers

There are two types of Civil Orders of Protection.  You will need to decide if your situation involves a Criminal Order of Protection, or meets the standards for an Independent Civil Order of Protection.

If an adult makes a request, a minor can be a protected person under a Civil Order of Protection as well.

When the Civil Order of Protection is issued, the Sheriff’s Office will enter the information into a database, and you can also make arrangements to have schools, day care facilities or other pertinent organizations notified that a child is now protected under this order.

The Law Office of David M. Smith serves clients in Chicago, Cook County and surrounding Illinois communities.

Driving on a revoked license

It’s illegal to operate a motor vehicle in Illinois if your driver’s license or permit has been revoked or suspended.  The types of penalties you could face will vary depending on your unique circumstances, but they could be considerable.  That’s why it’s in your best interests to hire a criminal defense attorney who handles these types of cases on a regular basis.

For cases where your license was suspended for moving violations or other less serious charges, you could still be facing up to 364 days in jail (although it’s highly unlikely) and be required to perform several hundred hours of community service, depending on the number of prior convictions you have.

If your license has been revoked due to a DUI conviction or leaving the scene of a hit and run accident, you could be looking at a possible felony charge, with mandated minimum jail times for at least 30 days.

For suspensions due to reckless homicide or similar offenses, you could be facing mandatory jail time of at least 30 days and a lifetime revocation of driving privileges in some instances.

Needless to say, mounting an effective defense is paramount to preserving your driving privileges.  And different types of suspensions will require different kinds of defense strategies.

Some of these defenses may include:

Were you improperly stopped by the police and did they possibly mishandle your arrest, perhaps by not reading you your rights?

Were you forced to drive because of a family emergency or in some other instance that would justify driving on a revoked license (such as an acute medical condition)?

Were you aware that you were driving on a revoked license?  Never admit this during a traffic stop.  It is incumbent on the state to prove that you were served notice and were made aware of your situation.

The Law Office of David M. Smith serves clients in Chicago, Cook County and surrounding Illinois communities.