Recent Blog Posts
Thinking of Using a Fake COVID-19 Vaccine Card? You Could Face Federal Charges if Caught
The COVID-19 pandemic not only changed the way Americans live their lives, but it also created many opportunities for committing fraud. Many of these schemes involved the Paycheck Protection Program (PPP), Economic Injury Disaster Loan (EIDL) program, and Unemployment Insurance (UI) programs. The United States Department of Justice (DOJ) has charged hundreds of defendants with crimes that were based on these schemes.
The FBI recently announced a new fraudulent scheme they are cracking down on - counterfeit COVID-19 vaccine cards. The agency has also declared that anyone who is charged and convicted of this crime faces harsh penalties. And as we approach the weekend of Chicago’s annual four-day Lollapalooza music festival, Illinois lawmakers are also warning people that it is not only illegal to make counterfeit COVID-19 vaccine cards, but also to use them.
Illinois Eliminates Cash Bail
Illinois has become the first state in the country to eliminate cash bail for defendants who are arrested for a crime under the Illinois Pretrial Fairness Act, which was part of the state’s larger criminal justice reform bill. The new law is being lauded by defendant advocacy groups, who say that cash bail requirements penalize poorer defendants but benefit wealthy ones. Law enforcement officials have been vocal in their stance against the act, saying that it will ultimately put the general public at risk because of criminals being allowed to remain free pending trial.
Illinois Cash Bail System
When a person is arrested and charged with a crime, a judge determines how much bail a defendant will need to post in order to be released while awaiting trial. In Illinois, the current system is a cash bail system. This means that the defendant is required to pay a certain percentage of the amount of bail the judge sets in order to be released. In most cases in Illinois, the bond amount that needs to be posted is usually 10 percent of the bail amount the judge set. For example, if the judge sets bail at $10,000, the defendant would have to post $1,000 cash to be released.
Chicago Announces Rewards for Illegal Gun Tips
Gun violence in the city of Chicago has reached almost epidemic proportions. The issue is not only well known throughout Illinois but continues to consistently appear in national headlines, as well. Last year, Chicago had more than 3,200 shootings, a 50 percent increase from the previous year. Homicides also increased by 50 percent from 2019. And while there has been a slight decrease so far this year, the numbers of shootings are still high.
Chicago Mayor Announces New Gun Program
So far in 2021, Chicago police have confiscated more than 6,300 illegal firearms and anticipate that they will collect more than 12,000 illegal guns by the end of the year, even more than last year’s record-breaker of 11,000 seizures. In an effort to combat these numbers, Chicago mayor Lori Lightfoot has announced a $1 million rewards program to get illegal guns off the street. In her announcement of the program, the mayor said the number of illegal guns seized in Chicago is more than double the illegal firearms confiscated in both L.A. and New York City combined.
Illinois Revenge Porn Laws: How an Irrational or Impulsive Act Could Result in a Felony Charge
Years ago, when a person wanted to take a photo, they needed to have a camera with film. They then had to take or send that film somewhere to be developed into hard copy prints. Today, smartphones, electronic devices, social media, text messaging, and emails have all changed the way we take and share photos. This also includes photos and videos that could be considered “racy” or inappropriate for public viewing. This has led to materials that were meant to be private shared without the subject’s permission by another party whose intention is to cause harm. This has become such a problem that it has resulted in many states, including Illinois, to pass revenge porn laws.
Revenge Porn
Revenge porn is a type of digital abuse where one party distributes intimate material of another party without their consent. It often occurs between couples who break up – hence the “revenge” description – but can also be involved in blackmail attempts.
Who Is Responsible for My Child’s Playground Injuries?
Each year, more than 220,000 children end up at emergency rooms with playground-related injuries. These injuries range from fractures to internal bleeding to head injuries. In fact, more than 20,000 children sustain some form of traumatic brain injury in playground accidents every year. After a year of pandemic restrictions, children are more eager than ever to play with friends at parks, playgrounds, and summer camps and there is a concern that there may be a spike in the number of children injured. How can parents protect their children from these injuries and who is liable when they occur?
Playground Injuries
National data collected on playground accidents and injuries show that the most common cause of injuries to children are falls, resulting in about 45 percent of all emergency room visits. The most common injury that sends parents rushing to the ER is bone fractures, followed by cuts, bruises, sprains, and injuries to internal organs.
Illinois Stops All License Suspensions for Unpaid Traffic Violation Fines
While traffic violation fines can be a nuisance, they can also mean losing your license if those fines are unpaid. Under current Illinois law, if a driver has five or more unpaid camera tickets, their license can be suspended. If a driver has just one unpaid traffic ticket, the state can put a hold on their license that stops the driver from being able to renew it. But a new Illinois law about to go into effect July 1 will put an end to all that.
Illinois SAFE-T Act
Several months ago, Illinois lawmakers approved a massive criminal justice reform omnibus, the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act. Included among the many issues the bill addressed were:
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All Illinois police officers will be required to use body-worn cameras by January 1, 2025.
Illinois Accident Victims May Now Qualify for Post-Judgment Interest on Award
Illinois law allows victims who are injured in accidents caused by the negligence or recklessness of another party to file legal action against that party for financial compensation for the losses those injuries cause. These losses can include medical expenses to treat the injuries, loss of income if the victim is unable to work while they recover, pain and suffering, and more.
Many accident claims are handled through the at-fault party’s insurance company, such as in car accidents, premises liability accidents, and medical malpractice lawsuits. Unfortunately, the majority of insurance companies will do all they can to get a victim to settle for far less than what they deserve, including dragging the entire process out for an extended period of time. But a new Illinois law could end up penalizing insurance companies who engage in these types of practices.
New Illinois Law Prohibits Deceitful Police Tactics in Juvenile Interrogations
If you are a fan of television crime shows, you have likely watched a scene where police characters play the “good cop, bad cop” roles. This is where one officer comes off as aggressive and menacing to the person who is being interrogated, while the other officer acts as their ally, encouraging them to tell the truth about what they know regarding the crime being investigated. Police officers are allowed to use many tactics like this in order to get a suspect or material witness to confess what they know. But just how far is too far and what law enforcement actions violate a person’s constitutional rights?
False Confessions
The Fifth Amendment grants several rights to protect individuals during a criminal investigation or proceeding, including guaranteeing the individual due process of law, prohibits double jeopardy, and protects the individual against self-incrimination. Unfortunately, the Fifth Amendment does not always protect an individual from any of the many deceitful tactics that police officers use to coerce a confession from a suspect. The ability for law enforcement to use these tactics has even been approved by the U.S. Supreme Court (Frazier v. Cupp, 394 U.S. 731).
Teens Are at Risk of Car Accidents During the 100 Deadliest Days of Summer
While Memorial Day is traditionally the kickoff of summer season, it is also the beginning of what has been deemed the “100 Deadliest Days of Summer.” Safety advocates use this term to call attention to the increased dangers teen drivers face during the days between Memorial Day and Labor Day. According to national statistics, there are approximately 10 people killed in teen driver car crashes each day during this period. Over the past decade, there have been almost 300 people killed in crashes involving teen drivers during the 100 deadliest days in the state of Illinois.
Dangerous Time on the Roads
The summer means more motorists are on the road as people take vacations and day trips. More motorists also mean more car accidents, injuries, and deaths. It also means more teen drivers are on the road, since school is out for the summer. Many of these teen drivers are inexperienced, and they sometimes act recklessly. Tragically, statistics about teen drivers bear this out:
New DOL Rule May Affect Workers' Comp for Independent Contractors
In January of this year, the Department of Labor – still under the Trump administration – announced a final rule under the Fair Labor Standards Act (FLSA) clarifying the standard for determining whether a worker is an employee versus an independent contractor. The standard that was created by this rule gave a significant amount of control to employers to classify workers as independent contractors, making it difficult for those employees to qualify for workers’ compensation benefits and other benefits the federal government requires under the FLSA. That rule went into effect on March 6, 2021.
With a new administration comes new standards, and the Department of Labor – now under President Biden – recently announced that rule is being withdrawn in order to protect employees and give them the benefits they are entitled to. The effective date of withdrawal was May 6, 2021.