Fraud and Identity Theft in Illinois

Identity theft is knowingly using another person's identifying information or documents to fraudulently get credit, money, goods, services or property, or obtaining, possessing, selling or using such information to commit a felony or knowing it was stolen. It is always a felony: using someone's identity to obtain property not exceeding $300 is a Class 4 felony, over $300 up to $2,000 a Class 3 felony, over $2,000 up to $10,000 a Class 2 felony, over $10,000 up to $100,000 a Class 1 felony, and over $100,000 a Class X felony; most other forms are Class 3 felonies, with higher grades for repeat offenses, active-duty military victims, and three or more victims within 12 months. Aggravated identity theft applies when the victim is 60 or older or has a disability. Using a stolen, forged, expired or revoked credit or debit card with intent to defraud is a Class 4 felony if the value obtained or sought does not exceed $300 in any 6-month period, and a Class 3 felony above that.

Illinois's rule on court-appointed lawyers: Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants. Ill. S. Ct. R. 401(a); People v. Campbell, 224 Ill. 2d 80 (2007); Burnette v. Terrell, 232 Ill. 2d 522 (2009); People v. Ellis, 309 Ill. App. 3d 443 (1999); People ex rel. Baker v. Power, 60 Ill. 2d 151 (1975)

Lawyers set their own fees, and Illinois has rules on how they may charge. See hiring a criminal defense lawyer in Illinois for fee rules, how to check a lawyer's license and free help.

How release before trial works in Illinois: Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings. 725 ILCS 5/110-6.1 (P.A. 101-652, 102-1104); Rowe v. Raoul, 2023 IL 129248 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Illinois expungement and record sealing rules.