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What Happens When You Resist Arrest in Illinois?
People naturally try to avoid harmful situations. We are hard-wired to engage in a "fight or flight" response, and it is reasonable to expect someone to do whatever they can to prevent something negative from happening to them. When it comes to being arrested, this instinct can be problematic. In Illinois, resisting arrest is treated as a serious charge with severe consequences. There are various directions you could pursue to defend yourself against these charges. The best step you can take is to find a reliable Will County, IL criminal defense lawyer to advise you on how to proceed.
Resisting Arrest Charges Explained
If you knowingly resist or obstruct a police officer who is trying to arrest you, you could be accused of resisting arrest. That can include fleeing, physically fighting with them, or providing false information. This is generally charged as a Class A misdemeanor, which can be punished with fines up to $2,500 and up to one year in jail. If anyone else, including the police officer or a bystander, gets injured in the process, it can be charged as a felony, with harsher penalties.
If I Claim Workers' Comp, Can I Also Sue My Employer?
Laws require Illinois employers to have workers' compensation insurance policies, with only a few exceptions. This coverage should provide specific benefits to workers who become ill due to work-related duties or are injured while on the clock. In exchange for these benefits, injured workers typically give up their right to pursue a personal injury claim against their employers.
Are there any circumstances that might allow you to pursue a personal injury claim? How do you know your options? The knowledgeable attorneys at McNamara Phelan McSteen, LLC can discuss your situation during your free consultation and answer your questions.
When Could I File a Personal Injury Claim Against My Employer?
When employers knowingly put workers in danger and those workers are harmed, a personal injury claim may be possible. Employers who intentionally harm workers are also subject to personal injury cases being filed against them. Examples of negligent employer behaviors include:
Did the State of Illinois Contribute to My Car Crash?
When you hear about someone being injured in a car or truck accident, you probably think the drivers were responsible. It may not occur to you that a state, federal, or local government might share the blame. However, government agencies may be held liable for your injuries in certain situations.
How can the government cause motor vehicle accidents? Can I get compensation from a government entity? These claims are more complex than many other personal injury cases, but a knowledgeable lawyer from McNamara Phelan McSteen, LLC can overcome the potential challenges to help you achieve a successful resolution.
How Could a Government Agency Cause Motor Vehicle Accidents?
Government departments are responsible for much of our nation’s infrastructure. For instance, the Joliet Department of Public Works is responsible for the design, construction, and maintenance of streets, sidewalks, traffic signals, streetlights, roadway signs, and other public properties. The federal government provides some funding for various interstate highways in Illinois via the Highway Trust Fund, but state and local governments are also responsible.
Can My Illinois Felony Charge Be Reduced to a Misdemeanor?
If you are charged with a crime in Illinois, your offense will be classified as a misdemeanor or a felony. Both kinds of charges can threaten your future, finances, and freedom if you are convicted.
When you work with an experienced attorney from McNamara Phelan McSteen, LLC, we will investigate your situation to develop a solid criminal defense strategy. If we cannot have your case dismissed, one of our options may be to attempt to have your felony charge reduced to a misdemeanor. Call us today to discuss your case and learn more about how we can protect your rights and best interests.
What Is a Wobbler Crime?
Known as a "wobbler" crime, some offenses can be charged as either misdemeanors or felonies, depending on case-specific factors. Prosecutors have the authority to decide whether you are charged with a misdemeanor or felony for wobbler offenses, which may include:
Does Illinois Workers’ Comp Cover Me If I Work From Home?
In recent years, the number of people working from home has skyrocketed. Although the rate of growth has slowed, remote work is still the way many people earn a living in the U.S. This transition has prompted cybersecurity concerns, a dynamic shift in how companies do business, and introduced popular hybrid work models.
While organizations and workers alike benefit from remote work, the question of whether workers’ compensation covers you when you work from home arises. The answer: it depends. The knowledgeable lawyers from McNamara Phelan McSteen, LLC explain.
Who Is Covered by Workers’ Comp?
In Illinois, laws require employers to maintain workers’ compensation insurance for most employees, with few exceptions. This coverage is intended to allow workers who are injured or become ill on the job to get prompt medical treatment and help them financially while they are out of work recovering.
Can I Sue a Driver Who Does Not Yield the Right of Way? | IL
One of the first things new drivers learn is how to determine who has the right of way in any traffic scenario. This concept was designed to improve traffic flow and decrease injury-producing collisions. One or more drivers may need to yield the right of way in specific situations. Unfortunately, many drivers do not follow these laws, frequently causing otherwise avoidable crashes.
If someone did not yield the right of way properly and caused a car accident that injured you, you may qualify to obtain compensation. A knowledgeable attorney from McNamara Phelan McSteen, LLC can investigate your collision and help you collect the highest possible settlement amount.
What Is the Right of Way?
When vehicles, pedestrians, and bicyclists meet in various traffic situations, right-of-way laws specify who can proceed first and who must wait their turn. These laws apply to many scenarios and locations, such as:
Do You Have To Submit to a Breath Test With DUI Charges?
A DUI conviction can have long-term, significant impacts on your life. It may affect your employment, driving eligibility, and others’ perception of you. It can also dramatically increase your auto insurance rates. In Illinois, the crime cannot be expunged from your criminal record, and it will also stay on your driving history permanently. These facts are true even for a first conviction.
One of the ways a law enforcement officer obtains supporting evidence is to ask you to submit to various testing methods, which are supposed to provide accurate readings of your blood alcohol concentration. Breath, urine, and blood tests are common methods. Do you have to submit to these requests in Illinois? What happens if you do not? An experienced DUI defense lawyer from McNamara Phelan McSteen, LLC can explain.
What Is Implied Consent in Illinois Drunk Driving Charges?
Illinois follows the rule of implied consent to justify asking drivers suspected of intoxication to undergo field sobriety testing. This means that if you drive a motor vehicle in the state and a law enforcement officer reasonably suspects that you are intoxicated, you have already agreed that you consent to take DUI chemical tests, both for alcohol and drugs.
Can You Get Workers’ Comp With a Pre-Existing Condition?
Illinois employers are required to maintain workers’ compensation insurance policies that provide benefits to workers who are injured or become ill due to job-related duties. Employees can receive these benefits regardless of who is responsible. Benefits cover medical and rehabilitation expenses, a portion of lost wages, and other qualifying costs.
But what happens if a work injury worsens a pre-existing condition? Do you still qualify to get workers’ comp benefits? This situation adds significant complexity to your claim, but an experienced attorney from McNamara Phelan McSteen, LLC can help.
What Are Pre-Existing Conditions?
Workers can have injuries or illnesses that happened in the past, before the incident that caused their workplace injuries. These previous injuries may be physical or mental. Common examples include:
Who Is Liable If You Are Injured at a Football Game?
With football season rapidly approaching, fans are eagerly anticipating going to games and supporting their favorite teams. Unfortunately, players are not the only people who might experience injuries at a game.
If you are injured or harmed at a football game, are you eligible to file a personal injury claim? Can you obtain compensation? Who is liable? The answers to those questions depend on case-specific factors. An experienced Joliet, IL personal injury attorney from McNamara Phelan McSteen, LLC can tell you if you have a valid claim and how we can help.
What Kinds of Spectator Injuries Happen at Football Games?
Where crowds gather, the chances of injuries increase. Football stadiums are prime examples. Spectators walk, drive, or utilize public transportation to get to the game. They walk through parking garages, lots, and sidewalks to enter the facility. Stairs and ramps typically lead to seating areas, with food and merchandise vendors typically available on site.
What Is Not Covered by Workers’ Compensation in Illinois?
When employees get hurt while doing their jobs, they are generally entitled to workers’ compensation that can cover the costs resulting from their injuries. However, to be awarded coverage, the injury must meet certain conditions. There are limits to workers’ comp benefits and not all injuries are covered. If you have suffered an injury and are unsure whether you are eligible for benefits, speak with a qualified Will County, IL workers’ comp attorney to understand your rights.
Conditions That Are Not Covered
There are several types of injuries, illnesses, and other conditions that are not generally covered by workers’ compensation in Illinois. These Include:
- Non-work-related injury: Workers’ comp specifically covers conditions resulting from something that happened at work. Anything unrelated to your job will most likely not be covered. This goes for mental health conditions, too. If PTSD can be linked to a traumatic experience at work, it is generally covered. If the incident that triggered it was not connected to your job, it generally will not entitle you to workers’ comp coverage.
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