Posted on April 29,2021 in Criminal Defense

Current Illinois state law requires residents to have a valid Firearm Owners Identification (FOID) card in order to purchase or possess a firearm or ammunition. Failure to have a FOID card can result in misdemeanor or felony charges, depending on the circumstances and the criminal record of the individual being charged. However, a recent ruling by an Illinois judge and a new bill working its way through the Illinois legislature could change all that.

Court Ruling

A White County Circuit Court judge has ruled that requiring citizens to have a FOID card is unconstitutional. The ruling was made in a criminal case from 2017 where an elderly White County resident was charged with violating the law because she owned a rifle but did not have a FOID card. The judge dismissed the charges against the woman, saying that requiring a FOID card violates both the Second Amendment to the United States Constitution and Article I, section 22 of the Illinois Constitution of 1970.

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 Posted on April 22,2021 in Workers' Compensation

It may come as a surprise to many people that the most dangerous jobs are in the construction industry. Despite only making up approximately 5 percent of the country’s workforce, construction industry accidents are responsible for more than 20 percent of all work-related deaths each year. Recent studies show that these numbers have continued to increase on a yearly basis.

The Occupational Safety and Health Administration (OSHA) has identified the “Construction Focus Four” as the top causes of construction worker injuries and deaths:

• Falls

• Caught-in or caught-between

• Struck by

• Electrocution

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 Posted on April 14,2021 in Criminal Defense

There has been much focus in the media and by law enforcement over the past few months about hate crimes directed against Asian Americans. Much of this violence against victims has been in response to the COVID-19 pandemic triggered by the false narrative put out by politicians and organizations that blame the creation of the virus and its global spread on China. One study has estimated that almost 3,800 anti-Asian racist incidents have occurred within the past year in the U.S., with the majority of these incidents – almost 70 percent – directed at female victims.   

Hate Crime Statistics

According to data compiled by Statista Research Department, there were 838 active hate groups in the United States country in 2020. At least 19 of those groups make their home right here in Illinois. A hate group is defined as any group that has beliefs or practices that malign or attack an entire class of people based on their race, ethnicity, religious beliefs, gender, gender identity, disability, color, sexual orientation, and more. Hate groups often engage in certain activities that help promote their hate, including meetings, rallies, speeches, publishing, and criminal acts.

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 Posted on April 09,2021 in Personal Injury

Senate Bill 72 is on its way to the governor’s desk for his signature after recently passing both the Illinois House and Senate. The new law will allow for plaintiffs in personal injury and wrongful death lawsuits to collect interest on the amount awarded in a jury verdict. The goal of the law is to encourage the parties involved in these lawsuits – especially the defendants – to negotiate a fair settlement and avoid bringing the case to trial.

In the majority of personal injury lawsuits, the defendant (at-fault party) is represented by an insurance company that covers the expenses of defending the lawsuit. For example, the at-fault driver in a car accident is usually represented by their auto insurance company. Another example is a doctor or hospital in a medical malpractice lawsuit that is legally represented by the company that issued their malpractice insurance policy.

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 Posted on March 26,2021 in Criminal Defense

Springtime marks the start of warmer weather and sunshine in many parts of the country. It also means spring break for students and time off of school. Considered a well-deserved reprieve from lectures, midterms, and homework, some students may go home to see their family and friends. College students also often make plans to travel to warmer destinations or even big cities like Chicago for a week of fun. While most young adults had to put off their spring trips last year due to COVID-19 lockdowns, many are looking forward to letting loose on spring break this year. However, there are many actions that can result in criminal charges if they are not careful.  

Actions that Can Lead to Trouble

Without parental supervision or school administrators around, it is not uncommon for college students to party while on spring break, which may include dancing, drinking, and even doing drugs. However, even those 21 and over can do things that are illegal. Unfortunately, this illicit behavior may lead to unintentionally injuring themselves or harming others. For example, driving a car, motorcycle, or electric scooter after consuming too much alcohol can cause an accident with serious to life-threatening injuries. 

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 Posted on March 19,2021 in Criminal Defense

The topic of hate crimes has been in the news more and more over the past few years. In efforts to increase awareness about these types of crimes, police officers and government officials have focused more attention on hate crimes. Time, energy, and resources have been put into thoroughly investigating hate crimes, and legislation has enhanced the penalties for them. In Illinois, those who commit hate crimes are often charged with a felony offense and punished to the fullest extent of the law. To avoid being charged with a hate crime, it is important to understand what actions constitute them and also the criminal punishments if convicted of one.   

Violent Acts Committed Against Others

A hate crime occurs when a person commits a crime against another person or group because of their perceived race, gender, religion, sexual orientation, or physical or mental disability. Typically, the acts committed against individuals in a hate crime are violent in nature and can include such offenses as:

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 Posted on March 12,2021 in Car Accidents

Since they transport goods and supplies such as food, truck drivers are considered essential workers and have been working throughout the past year despite COVID-19 restrictions and shutdowns. In many cases, truckers have been working hard to deliver critical PPE or medical supplies to hospitals overwhelmed by the number of coronavirus patients. With increased pressure to deliver products in a timely manner, delivery drivers and trucking companies in general may not be adhering to protocol in regards to their hours of service. Failure to follow rules for driving can lead to tired drivers who then cause truck accidents.     

FMCSA Safety Act

Commercial truck drivers in Illinois must have a special license to operate such large vehicles. Individuals who are 18 or older can obtain a commercial driver’s license (CDL) after successfully passing written and driving skills tests. In addition, drivers must already have a valid Illinois driver’s license and pay a fee for the CDL. 

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 Posted on March 05,2021 in Workers' Compensation

The coronavirus pandemic has affected the world in many ways, causing a global health and economic crisis. After taking office this year, President Joe Biden signed several executive orders that addressed COVID-19 worker protections. As of now, the Occupational Safety and Health Administration (OSHA) protocols outlined in the executive orders are guidelines, but it is expected that these guidelines will soon become enforceable. Some of President Biden’s directives to OSHA were concerning COVID-19 guidelines and another was to potentially implement emergency temporary standards to address the hazards that employees face in the workplace. If these guidelines become standards, they will then be enforceable. The executive order stated that the deadline to make these changes is March 15, 2021. Workers may wonder how these guidelines may affect workers’ compensation claims if they suffer a COVID-related illness while on the job. 

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 Posted on February 26,2021 in Criminal Defense

Many people think assault and battery are one and the same. However, under Illinois law, they are two separate offenses. The crime of assault in Illinois refers to intentional actions that cause a person to feel afraid of impending violence. Battery in Illinois consists of insulting or provoking physical contact, including intentionally pushing or harming someone, such as hitting and injuring them with a dangerous object. Domestic battery is when battery is committed against a family or household member, such as a spouse, intimate romantic partner, or child. If certain conditions are present during the commission of this crime, it may be classified as aggravated domestic battery, which carries significant penalties if convicted. 

Aggravating Factors Elevate the Punishments

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 Posted on February 12,2021 in Criminal Defense

Laws regarding criminal offenses can be complicated since there are often varying degrees of charges based on the severity of the crime. For example, crimes committed against a child or elderly person may be classified separately from those against other alleged victims. Sexual crimes can be punished more severely due to the nature of the offense. The exploitation of a child is one such crime, and it is important to understand what constitutes this type of charge if you or someone you know is arrested for it in Illinois. An experienced criminal defense attorney can help protect your rights and help you get the charges dismissed if they were based on false accusations.    

How Illinois Defines Child Exploitation

It is important to note when discussing any crime against a child that children or minors are individuals who are under 17 years old. According to Illinois law, someone commits sexual exploitation of a child if he or she knowingly performs either of the following while in the presence (or virtual presence) of a child:

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