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Recent Blog Posts
Illinois Lawmakers Want to Give More Power to Police in Felony Crimes Process
Under Illinois criminal law, when a person is charged with a serious crime, it is up to the prosecutor to take the legal steps to charge the accused with a felony crime. There are cases where a prosecutor will decide not to pursue felony charges, and the charges the police arrested the accused on are dropped, even if the police disagree with the prosecutor’s decision. However, a group of Illinois lawmakers are seeking to change all that and have recently filed legislation that would allow police chiefs to override the prosecutor’s decision.
Felony Process
Under the current law, there is a standard process that every case must go through before a person can be charged with a felony. The first step to this process is the police investigation. If the police feel they have probable cause to charge a person they suspect of committing a crime, they will place them under arrest. In some cases, this involves obtaining an arrest warrant, while in other cases – such as during a traffic stop – the officer can arrest the individual right on the spot.
How to Check the Record of an Illinois Nursing Home
The number of elder abuse cases in this country is alarming. It is estimated that five million seniors are abused each year. One in 10 seniors over the age of 60 report having suffered at least one incident of elder abuse. One of the most common places where this abuse takes place is nursing homes. Almost 40 percent of nursing home residents report they have witnessed another resident suffer abuse of another resident within the prior 12 months, 10 percent of nursing home staff have admitted to physically abusing a resident, and 40 percent have admitted to emotionally abusing residents.
Keeping Track of Nursing Home Facilities with Track Records of Abuse and Neglect
In an effort to protect elderly residents, the Centers for Medicare & Medicaid Services (CMS) established the Special Focus Facility (SFF) program that identifies nursing homes that have very poor records of caring for residents. Once CMS has placed a facility on the SFF list, that facility must make significant improvements on the quality of care they are providing residents and to put in place best practices policies. Facilities have 18 to 24 months to make these improvements in order to “graduate” from the program and be removed from the list. If the facility fails to do so within the required time period, it faces termination from Medicare and Medicaid participation, which will likely result in the facility closing. What Deficiencies Will Place a Facility on the SFF List?
Illinois Courts Reinstitutes Right to a Speedy Trial Rule
One of the rights that an accused has under the Sixth Amendment of the Constitution is the “right to a speedy and public trial.” Although the amendment does not define exactly how long “speedy” is, both the federal government and Illinois have passed laws that define how long a prosecutor has to bring a defendant to trial.
The COVID-19 pandemic changed all that, with shutdowns of the Illinois court system, forcing those time limits to be tolled (paused). Although some proceedings were held via Zoom, the majority of trials have been on hold. However, as of October 1, that pause has been lifted and defendants now have that right to a speedy trial again.
Illinois Law
Under the Illinois speedy trial law, there must be a trial within 120 days for defendants who are in custody. If the individual is out on bond, then there must be a trial within 160 days. If those deadlines cannot be met, the charges against them will be dismissed. The state also has a compulsory joinder law that also protects a person’s right to a speedy trial. This law means that if a defendant is facing multiple charges from the same arrest, prosecutors must bring those charges in one single prosecution act. In other words, there cannot be an individual trial for each individual charge.
Tips for Preventing Commercial Trucking Violations
Commercial truck drivers are held to very high standards and work within strict but necessary regulations. Such standards and regulations are put in place to keep the truck driver and surrounding vehicles safe. To legally drive a commercial vehicle, one must obtain a Commercial Drivers License (CDL). When drivers fail to uphold their expected protocols and rules, that license may be temporarily or permanently revoked, and the driver may face expensive fines. Because roadside inspections are a routine procedure, drivers in this line of work should understand what precautions they can take to prevent CDL violations and avoid license revocation.
How Can Commercial Truck Drivers Prevent Common Inspection Violations?
Truck drivers often suffer CDL violations due to not upholding accurate and current driving logs. This may include failure to record their driving status, falsely reporting their driving hours, or not retaining the record for the previous seven days. It is also important to note that drivers may be fined if their logged hours violate the Federal Motor Carrier Safety Administration Hours of Service Rules. Drivers should be properly trained to understand what is required of them when logging their driving hours and be familiar with all service hour regulations. Additionally, employers should regularly monitor these records for concerns.
Was Negligence a Factor in Your Slip and Fall Accident?
Whether you are walking through a mall, a doctor’s office, or your place of work, no one expects to slip and fall, nor is anyone prepared for the consequences of this type of accident. If you have sustained severe injuries due to an accident you suffered on someone else’s property, it is important to work with an experienced attorney who can help determine what compensation you may be entitled to and hold the responsible parties accountable.
What Causes a Slip and Fall Accident?
There are numerous factors that can lead to employees and patrons suffering a slip and fall on a business’s property, including the property manager’s negligence in properly maintaining walkways, roads, floors, and parking lots. Property owners and managers also need to be mindful of areas such as stairs, escalators, and elevators. When property owners or managers fail to adequately monitor these areas for cleanliness and safety, they may be unaware of slick surfaces or obstructed walkways.
Tips For Reacting to an Officer’s DUI Suspicions
In general, getting pulled over can cause a great deal of tension and anxiety. It is not uncommon for drivers in these situations to be nervous and make mistakes or say the wrong thing as a result. Getting pulled over under suspicion of driving under the influence (DUI) should be taken very seriously, and drivers should be prepared for what is expected of them and how best to handle the situation. Even if you act with the utmost respect and rationale, you could face serious consequences, and it is in your best interest to connect with a lawyer who can approach your DUI defense vigorously.
What Should I Do If I am Pulled Over For DUI?
If you believe you are being pulled over due to an officer’s suspicion that you are driving under the influence, you should first and foremost find a safe place to pull over. Because the officer already suspects you of DUI, they are going to be hypervigilant of your behavior. Therefore, any odd or erratic behavior will only bolster their suspicion. On a similar note, it is important for drivers to understand that officers are trained to protect themselves and be incredibly cautious. Thus, it is essential that drivers do not make any sudden movements once parked.
Understanding the Deadlines for a Workers’ Compensation Claim
Employees who sustain on-the-job injuries may suffer short-term and long-term effects. In some cases, it is possible for these injuries to affect individuals for the rest of their lives. When a work-related injury causes life-changing damage, whether that be physically, emotionally, financially, or all of the above, the employee can pursue a workers’ compensation claim through their employer. A skilled attorney can assist injured employees in recovering maximum benefits to help the victim adequately recover and protect their legal rights.
Common Injuries Associated With Workers’ Compensation
When employees suffer injury, illness, disease or other harm from their job or workplace environment, it may be an option for them to pursue a workers’ compensation claim. There are several commonly seen causes of non-fatal job-related injuries, some of which include slip and falls, vehicle collisions, exposure to harmful substances, and workplace violence.
Were Your Injuries Caused By Improper Truck Maintenance?
Though passenger cars and semi-trucks differ substantially in weight, driver field of vision, and stopping distance, they are still expected to safely share the road every day. Unfortunately, when these two contrasting vehicles collide, the crash can lead to devastating outcomes. Oftentimes, truck wrecks are preventable and are the result of negligence. If you or a loved one has suffered serious injury or death due to the negligence of a truck driver, the truck company, or other involved parties, a personal injury attorney can help you hold them accountable.
Inadequate Maintenance Can Lead to Large Truck Accidents
Commercial trucking accidents are not only caused by the actions or inactions of the driver while they are on the road. In some cases, these accidents are the result of the driver, the trucking company, and other individuals failing to complete proper inspections and repairs to the truck in a timely manner. Even if the trucking company properly inspects and cares for their vehicles, a truck may still have been manufactured with defective brakes, lights, tires, or other parts.
Essential Stages of an Illinois Criminal Trial
When considering what to expect in a criminal trial, the average person likely thinks of the court proceedings they have seen in movies or television shows. While that may provide the most basic understanding of a trial, there are many smaller pieces that often get left out. This blog will briefly go over each step of the trial process that a criminal defendant can expect. It is important to note that there are many ways a trial may veer from this path, but if you are facing a criminal trial, it is highly recommended that you find a criminal defense attorney who can help prepare you for the following stages.
Jury Selection
In the United States, criminal defendants have the right to be tried by an impartial jury. The court and attorneys have the responsibility to appropriately and thoroughly examine the jurors prior to trial. The examination is meant to remove any jurors who demonstrate any bias, opinion, or prejudice that could impact their decision-making ability in regard to the crime at hand.
What Should Underage Drivers Know About the Illinois Zero Tolerance Law?
Drunk driving can lead to very dangerous situations, and Illinois has laws in place to curb drunk driving as much as possible. The rules regarding DUIs for underaged drivers are especially strict, and it is important to be aware of the possible consequences if an officer has probable cause to suspect you have been drinking. Even if you are below the legal limit for the typical DUI requirements, you may still face severe punishments as an underage driver.
The Illinois Zero Tolerance Law
Unfortunately, many alcohol-related car accidents involve underage drivers, and Illinois has implemented a Zero Tolerance Law in an effort to minimize the risk. The Zero Tolerance Law states that a driver under the age of 21 who is caught with any trace of alcohol in their system can have their driver’s license suspended. If the officer has probable cause to suspect the driver has consumed alcohol, the law requires the underage driver to consent to chemical testing. If the driver is found to have a BAC of more than 0.00, their license will be suspended for three months for a first offense. If an underage driver refuses to be tested, their driving privileges will be suspended for six months for a first offense.
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