708-942-8400
Recent Blog Posts
What Does the Right to a "Speedy Trial" Mean in Illinois?
You probably know that the United States Constitution guarantees your right to a "speedy trial" if you are accused of committing a crime. The Illinois state constitution has a similar requirement. But what exactly constitutes "speedy?"
In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
Prosecutors Cannot Engage in "Piecemeal Litigation"
Illinois also has what is known as a "compulsory joinder" rule designed to help protect a defendant's right to a speedy trial. This means that the state must bring multiple charges arising from the same arrest or act in a single prosecution. In other words, if you are arrested and accused of two crimes, the state cannot wait for the outcome of the trial of the first charge before trying you on the second one.
When is an Illinois Doctor Liable for Failing to get a Patient's Informed Consent?
Medical malpractice involves more than a physician's negligence. A doctor can be held liable if he or she fails to inform the patient about the "general nature" of a procedure and the patient is subsequently injured. Informed consent in this context includes explaining the "risks involved, the prospects of success, the prognosis if the procedure is not performed, and alternative treatments."
Court Reinstates Malpractice Claim Over Child Injured During Delivery
Informed consent often comes up when dealing with birth injuries. There are cases where a doctor fails to properly warn an expectant mother of the risks of natural childbirth. As a result, the child may be injured during delivery and suffer lifelong consequences.
A recent Illinois appellate court decision addresses the exact issue. In this case, a now-11-year-old child was injured during natural childbirth. Specifically, the child suffered what is known as shoulder dystocia. This is where a newborn's shoulder essentially gets stuck during delivery and requires manipulation. In some cases, dystocia causes permanent injury to the child. Sadly, that was the case here, as the child sustained a clavicle fracture and "extensive" nerve damage.
What is Reckless Driving and What are the Penalties for it in Illinois?
If you are a driver in the United States, it is very likely that you will be pulled over by the police at some point during your driving years. Police cannot pull you over just for fun – they have to have a reason to do so. Most of the time, the reason they pull you over is because of a minor traffic infraction that results in a fine. Depending on why they pulled you over, the ticket can result in more severe consequences, such as criminal charges. Illinois has various traffic violations that can result in criminal charges, and one of those charges is reckless driving.
Reckless Driving in Illinois
Reckless driving is a charge that encompasses many behaviors. According to Illinois’ criminal statutes, reckless driving can be charged when a person:
- Drives or operates a vehicle with "willful or wanton" disregard for the safety of other drivers or the property of others; or
- Knowingly and intentionally uses an incline in the road to cause the vehicle to become airborne.
Three Things You Should Know About Your Miranda Rights
If you have ever seen any of the various law enforcement shows on TV, you have probably at least heard of your Miranda rights. The 1966 Supreme Court case Arizona v. Miranda further enforced that a police officer is required to notify you of your constitutional rights when you have been taken into custody. The case involved a young man, Ernesto Miranda, who was a suspect for rape and kidnapping. Before police informed him that he had a right to an attorney and the right to remain silent, he confessed to the crimes. This was a landmark case in the Supreme Court that is still upheld today and affects the way all criminal cases take place now. Here are a few things you should know about your Miranda rights:
- Your Miranda Rights are Your Constitutional Rights: The U.S. Constitution guarantees citizens certain rights, some of which are the basis of your Miranda rights. You always have the right to remain silent, the right against self-incrimination and the right to seek legal representation. There is no situation in which you do not have the freedom to exercise your Miranda rights.
The Difference Between Assault and Battery in Illinois
Assault and battery are two terms that are commonly used as synonyms for one another in everyday conversation. In the legal world, assault and battery are two separate criminal offenses that have different definitions and carry different sets of punishments for committing them. In Illinois, assault and battery crimes are taken seriously and can be either a misdemeanor or felony charge, depending on the circumstances. Punishments can range from probation to prison time, which is why it is important to seek legal counsel if you have been charged with either crime.
Assault
In Illinois, assault is defined as any action that puts another person in "reasonable apprehension" of being physically hurt, Reasonable apprehension refers to the way the majority of people – or a reasonable person – would react to such actions. Basic assault is a Class C misdemeanor, which means you can face $75 to $1,500 in fines, up to 30 days in prison or up to two years of probation. Unless you are sentenced to jail time, you will also have to serve between 30 and 120 hours of community service.
Can the Police Handcuff You Without "Arresting" You?
Drug crime cases often begin with seemingly routine traffic stops. Illinois law enforcement officers may use a minor traffic crime, such as speeding, as a pretext to stop and search a vehicle suspected to contain evidence of illegal drug activity. While the Constitution is supposed to protect all citizens against "unreasonable" searches, in practice there are a number of loopholes that judges allow police to exploit.
Court Reinstates Drug Charge After Questionable Search
One recent Cook County drug case, which is still pending, began with an unverified "tip" from an unidentified informant. Someone allegedly informed a Drug Enforcement Agency (DEA) agent in San Diego that a woman was illegally transporting drugs to Chicago. This agent then told his counterparts in Chicago.
Federal and local officials working as part of an anti-drug task force at O’Hare International Airport traced the woman, identified by the San Diego agent, to a nearby hotel. They watched the woman enter one of the hotel rooms with a black bag. A short time later, the defendant and another woman entered the room. They then exited the room with the defendant carrying the black bag.
Common Causes of Trips, Slips, and Falls in the Workplace
Accidents happen; we all know this. Accidents at work are not uncommon occurrences, especially when it comes to slips, trips and/or falls. According to the latest statistics from the U.S. Bureau of Labor Statistics, there were around 2.8 million nonfatal workplace injuries and illnesses that were reported in 2017. Of those injuries, the second most common type of injury was slips, trips, and falls. Like any injury, the severity of injuries caused by slips, trips, and falls can range from minor, such as pulled or strained muscles, to major injuries, such as spinal cord injuries or broken bones. The key to preventing these types of injuries is identifying the causes. Here are the most common causes of trips, slips, and falls in the workplace:
Substances on the Floor
When there are wet or dry contaminants on the floor, it can cause workers to lose their footing easily. Having substances on the floor is perhaps one of the most common causes of slips and falls in the workplace. Slippery substances that pose a danger can include:
Understanding Illinois Hate Crimes and Their Consequences
In the past couple of years, law enforcement officers and legislative officials have focused more attention on hate crimes. More time, energy and resources have been put into thorough investigations of hate crimes, and laws have been made even more strict than before. In Illinois, officials do not have a tolerance for hate crimes and often punish offenders to the fullest extent of the law. Though every situation is different, a hate crime committed in Illinois is charged as a felony offense, which means you face serious consequences if you are convicted. Dealing with accusations of a hate crime can be daunting, which is why retaining counsel from a skilled Illinois criminal defense attorney is crucial.
What is Hate Crime?
In simple terms, a hate crime occurs when a person commits a crime against another person or group of people because of that group or person’s perceived race, color, religion, gender, sexual orientation or physical or mental disability. Often, the type of actions that are committed against people in a hate crime is violent in nature and can include crimes such as:
Teenage DUI: Zero Tolerance Laws in Illinois
When examining traffic offenses or crimes that can be committed while driving, a DUI is one of the most serious charges one can face. The state of Illinois has cracked down on drunk driving in recent years for both underage drivers and adult drivers. Underage DUI is a very serious crime in Illinois. Not only is an offender violating DUI laws, but they are also violating the minimum drinking age laws. Having a teenage child who gets caught drinking and driving can be a nerve-wracking experience, but understanding the laws and the consequences for breaking them can help ease some of the uncertainty.
Zero Tolerance Laws
In an effort to reduce the number of teenagers who drink and drive, Illinois has adopted zero tolerance laws for drivers under the age of 21. Under these laws, any blood alcohol content (BAC) over .00 will result in charges. A first-time offender will lose their driving privileges for three months for any BAC that is over .00. They will lose their driving privileges for six months if they refuse to take a chemical test.
Can What I Said Years ago be Used Against Me in a Sex Crimes Case?
A sex crimes charge can permanently brand the accused as a "sex offender" in the eyes of the law and the public. One factor to keep in mind is not all sex crimes involve physical assault. For example, if a person "engages in a sexual act" in the "presence or virtual presence" of a child, he or she may be charged with "sexual exploitation." This is a misdemeanor for a first offense but a felony if the defendant has any prior sex crimes conviction.
Ex-Wife's Testimony Used to Convict Defendant
In pursuing a sex crimes case, Illinois prosecutors will not hesitate to introduce any evidence designed to make the defendant look as bad as possible to the jury. Judges are supposed to keep unduly "prejudicial" evidence away from the jury, but prosecutors still have quite a bit of leeway in making their case. This includes allowing evidence that supposedly proves a defendant's motive or intent.
Consider a recent criminal case from northern Illinois. The state accused the defendant of sexual exploitation of a child. Specifically, prosecutors said the defendant "engaged in oral sex and sexual intercourse with his girlfriend in front of his son in an attempt to teach his son about sex."
Schedule a Case Evaluation Today
Our firm is here to answer your questions about personal injury and criminal defense cases, and we provide free initial consultations. Contact us today to get the legal help you need.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Results listed are not a guarantee or indication of future case results.
14496 John Humphrey Dr, #101, Orland Park, IL 60462
708-942-8400
