Posted on April 11,2022 in Criminal Law

Even though we now have a looser cannabis possession law in our state, Illinois drug laws in general are still very wide-ranging and severe. Just possessing over 30 grams of marijuana can still expose an adult to up to a year in jail and a $2,500 fine for a first offense (or more, depending on the amount possessed). For other controlled substances, like heroin, cocaine, or PCP, you may be looking at a Class 1 felony carrying several to many years in prison, and many thousands of dollars in fines.

One Big Question: What is “Possession”?

“Possession” is a broad and nebulous concept. On one hand, you do not have to literally, physically have the drugs on your person. Just having them in a car with yourself and other people can expose all of you to a charge of possession, as long as you knew or should have known that the drugs were there, and you had control over them. On the other hand, there are many factors to examine, and further questions to answer, to determine your possible culpability. First, did you know that the substance was in your friend’s car? Did you own or co-own the car? Did you have control over that space? Even if so, were you the only one who did? Was anyone else’s property found near the drugs? (And we are just getting started on the “possession” question. The State has a big burden of proof.)

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 Posted on March 04,2022 in Criminal Law

It sometimes happens that innocent people are arrested on suspicion of committing a violent crime when in reality, they were merely defending themselves. This is disturbingly common in domestic violence cases, where the victim is mistaken for the primary aggressor and arrested. It can also happen after a fight in which one person initiated an attack and the victim capably defended himself. This has even been known to happen in murder cases. If you had to defend yourself against someone who became a physical threat to you and were arrested, it is important to contact an attorney as soon as possible. You may have a valid self-defense case that could get your case dismissed or get you acquitted at trial.

When Can a Person Use Force in Self-Defense?

There are a few conditions that must be met before you are entitled to use force in self-defense. In Illinois, they are:

• Danger - There was an imminent danger to you or another person. In some cases, a threat to your property will suffice.

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 Posted on February 18,2022 in Criminal Law

Assaulting a family or household member, or a current or past romantic partner is obviously a crime. This type of assault is considered domestic violence, and it can lead to jail time - which you hopefully already knew. What you may not know is that sometimes, simply stopping a person from reporting or seeking help for domestic violence can also be a crime under the right circumstances. This law is somewhat unique to Illinois - not many states have a statute like this on the books. If you are facing charges for domestic violence or interfering with its reporting, you will need to speak to an attorney as soon as possible. The consequences of these crimes can be serious.

When is it Illegal to Stop a Report of Domestic Violence?

The first, and perhaps most important, thing you should know about this crime is that it is only illegal to stop this type of report if you are the one who committed an act of domestic violence. If you are not the perpetrator of domestic violence, then you cannot be charged with this specific crime. However, you could face other charges for preventing a victim of domestic violence from seeking help depending on how you go about it.

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 Posted on January 31,2022 in Criminal Law

When you have been convicted of or pled guilty to a crime, getting probation instead of jail time can feel like a dream come true. Reporting to a probation officer and following a set of rules is highly preferable to incarceration for most people. However, the rules of probation can be difficult to abide by. There are nearly endless ways for a probationer to end up violating these terms without necessarily meaning to. Those who are in addiction recovery are often at a higher risk for probation violations should they happen to relapse.

Probation can be a very strict and unforgiving program, and the consequences of a violation can be serious. Jail time is often back on the table. If you learn that you are being accused of a probation violation, you have the right to be represented by your attorney at the hearing. It is important that you exercise this right to give you the best chance of avoiding further, deeper legal troubles.

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 Posted on January 18,2022 in Criminal Law

When you hear the term “kidnapping,” you may picture the stereotypical scenario of someone driving up in a windowless van and snatching a child from the side of the road. However, the actual legal definition of kidnapping is much broader. The victim need not be a child, and you need not move them from the location where you found them. Kidnapping can also be carried out through nonviolent means. Many people who find themselves being charged with this felony are taken by surprise at the charge due to a series of common misconceptions about what kidnapping actually means.

If you are facing this charge, you are in great legal jeopardy. Kidnapping, without aggravating circumstances, is a second-degree felony in Illinois, punishable by three to seven years in prison.

What is the Legal Meaning of Kidnapping?

Legally, kidnapping refers primarily to confining a person against their will. It is the confinement itself that results in the kidnapping charge. It is a misconception that kidnapping necessarily involves transporting the victim from one place to another by force. The offense of kidnapping can involve:

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 Posted on December 01,2021 in Personal Injury

When car accidents or truck accidents are caused by ordinary carelessness, it is usually seen as enough for the at-fault party to compensate the victim for any harm done. This usually includes paying for medical expenses, lost wages, and other costs directly related to the accident. However, sometimes an at-fault party’s conduct goes above and beyond mere negligence. In specific cases where a driver’s behavior was more egregious, punitive damages may be awarded for the purpose of punishing the defendant. This area of the law can be complicated, so you will need an attorney to assess the facts and circumstances of your accident to determine whether punitive damages may be appropriate.

What is the Difference Between Punitive and Compensatory Damages?

Compensatory damages are meant to compensate injured plaintiffs for the damage done to them in the accident. Even if it was simply a careless mistake, compensatory damages are awarded so that the defendant, rather than the plaintiff, will cover the costs associated with the crash. Punitive damages are used to punish the defendant for hurting someone through a complete disregard for others’ safety.

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 Posted on November 10,2021 in Wrongful Death

Losing a loved one because of another person’s negligence is devastating. A fatal accident can bring both emotional and financial stress to an entire family that can be long-lasting. If your family member was killed due to negligence, you may be rightfully seeking to recover damages. The first step to put your family on the path to receiving compensation is determining who has standing to file the claim. If you are interested in pursuing a wrongful death claim, it is important that you consult with a qualified wrongful death lawyer. Your family deserves compensation for their loss - an experienced attorney can advocate for you to receive everything you are entitled to.

Who Has Standing to Bring a Wrongful Death Action in Illinois?

In Illinois, wrongful death actions must be brought by the “personal representative” of the deceased. The personal representative is the estate administrator or executor of the person who passed away. If your deceased family member had a will or other estate planning documents, they probably appointed a personal representative.

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 Posted on October 26,2021 in Cook County personal injury lawyer

Walking and riding a bicycle can both be great ways to get around in a metropolitan area. These methods of transportation offer fresh air and great exercise - but they come with dangers. You may think of pedestrian accidents as strictly motor vehicle accidents that involve a pedestrian. However, serious injuries can occur when a pedestrian is struck by a bicycle. If you were injured while walking after being hit by a cyclist, contact an experienced attorney to help you recover compensation.

What Challenges Come With Pursuing Compensation from a Bicyclist?

Unlike in a motor vehicle accident, where your attorney would most likely be filing a claim against a car insurance company, pursuing compensation after being struck by a bicycle generally involves going after the cyclist himself. In some cases, this can streamline the process. An individual cyclist lacks the legal team that most insurance companies have. However, pursuing compensation from an individual can also present challenges, as they are generally not as responsive and organized as an insurance company.

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 Posted on October 11,2021 in Car Accidents

Practically speaking, when a drunk driver is involved in a car accident, they are almost always at fault. It is rare - but not impossible - for a drunk driver to get into a crash they did not cause. In Illinois, drunk drivers are presumed to be negligent under a legal principle known as “negligence per se.” If you were hurt in a car accident involving a drunk driver, it is best to talk to an attorney sooner rather than later, and always before you give a statement to an insurance company. Even if it is abundantly clear that the drunk driver was at fault, a lawyer can represent you during settlement negotiations and ensure your rights are protected.

What is Negligence Per Se?

Negligence per se is a legal principle used to prove that a person was acting negligently simply by breaking a law that was put in place for safety reasons. The injured victim must also demonstrate that they were hurt because the negligent person broke that law. In drunk driving cases, this tends to be a straightforward analysis. Laws against drunk driving were put in place because drunk drivers risk hurting other people by crashing into them. A person who drives drunk is breaking the law. If a drunk driver injured you, you were hurt because the drunk driver broke that law, and you likely would not have been hurt if the other driver were sober or took a cab instead of driving.

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 Posted on September 15,2021 in Medical Malpractice

Medical errors are the third leading cause of death in the U.S. today. Sometimes it is clear that medical malpractice has occurred, such as when a surgeon leaves a foreign object inside the patient’s body during an operation. Other times, it is not so clear. Some patients may not even realize that they have been the victim of medical malpractice until years later. This article will cover some common types of medical malpractice. If you suspect that you have suffered worksened health as a result of medical malpractice, it is important to get in contact with a qualified attorney as soon as you realize that something is amiss.

Delayed Diagnosis or Misdiagnosis

This type of medical malpractice can be quite insidious. People tend to trust their doctors and often accept their diagnoses - or lack thereof - without question. Healthcare providers may sometimes miss the signs of a serious illness such as cancer, resulting in delayed treatment. Or, a doctor may incorrectly diagnose a condition, resulting in unnecessary treatment or the wrong treatment. A patient may not discover this type of medical malpractice until years later after they have already suffered substantial harm as a result.

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