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Recent Blog Posts
Can a Dog Owner be Liable for a Motorcycle Accident?
Approximately 4,500 people are killed each year in motorcycle accidents, according to federal safety statistics. Even a non-fatal motorcycle accident can leave a driver with serious injuries and cost thousands of dollars in medical bills and lost income. Therefore, when an accident is the result of another party’s negligence, it is important to hold him or her accountable.
Lying in Road Not an "Overt Action"
Sometimes a motorcycle accident may not be directly caused by another person, but there is still a question as to how a person’s actions may have led to the victim’s injuries. An Illinois appeals court recently addressed such a case. The central question was whether two dog owners’ alleged carelessness led to a motorcycle accident.
The plaintiff was riding his motorcycle down a road in Edgar County, Illinois. A dog, owned by the defendants, was lying in the middle of the road. The plaintiff’s bicycle struck the dog, causing serious injuries to the plaintiff.
DUI Arrests: What to Expect When You are Presented with a Breathalyzer Test
Being pulled over, no matter the reason, is always an unnerving experience. If you are pulled over under the suspicion of driving under the influence (DUI), it is possibly one of the most serious crimes a driver can face when it comes to breaking the law behind the wheel. The crime is severe, and the consequences can be tragic, especially when the offense could have been prevented entirely by taking a cab home or calling for help.
You Must Make a Choice
If you are an Illinois driver who has been pulled over due to suspicion of operating under the influence, one of the first things you can expect to face upon arrest is a breathalyzer test. Although you are confronted by law enforcement to submit to this test, it is up to you to refuse or submit. You have the right to make a choice. It is important to note, however, that many criminal defense attorneys encourage their clients to refuse to submit to the test, due to one major advantage: By refusing, you are preventing yourself from potentially failing it, which can ultimately help you in a court of law. It is important to consult with a qualified attorney if you refuse a breathalyzer test.
Frequently Asked Questions About Illinois Workers’ Compensation
Though some workplaces may present more obvious dangers than others, you can get injured in any workplace. According to the latest information from the Bureau of Labor Statistics, there were around 2,811,500 nonfatal workplace injuries in the United States in 2017. Being injured at work can be stressful, especially if you have to miss work because of your injury. Fortunately, programs such as workers’ compensation exist to help people in this situation. If you are injured on the job, you have the right to submit a claim for your medical expenses and lost wages. The workers’ compensation process can be confusing, so here are a few of the most frequently asked questions about Illinois workers’ compensation:
- What is Workers’ Compensation?: Workers’ compensation is a statewide system of benefits that applies to most employees in Illinois. Most employers are required to have workers’ compensation insurance in case one of its employees is injured while on the job. Those who are injured at work or experience an occupational disease are eligible to file a claim for workers’ compensation benefits.
Understanding the Importance of Probable Cause in DUI Defense Cases
Police officers are tasked with protecting our communities. However, as with any person of authority, laws exist to direct how and when police officers can use their power. One of these constraints involves the concept of "probable cause." In order to pull over a motorist, a police officer must have a good reason for doing so. If you are facing charges for driving under the influence (DUI), and the officer who arrested you did not have probable cause to pull you over, your case may be dismissed.
Reasonable Suspicion of a Crime
To legally pull someone over, a police officer must have a reasonable suspicion that the person has broken the law or soon will. The term "reasonable" in this context means that most officers of average training and experience would conclude that illegal activity has occurred or is about to occur. In order for a DUI arrest to be legally warranted, it must be reinforced by probable cause. Put another way, there must be some type of evidence that justifies the belief that the driver was intoxicated.
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.
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