3601 McDonough Street, Joliet, IL 60431

Call Us815-727-0100

McNamara Phelan McSteen, LLC
Recent blog posts

 joliet nursing home abuse lawyerThe 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?

The CMS sends inspectors out on a regular basis to inspect facilities to make sure they are providing the care to residents that is required by Medicare and Medicaid. Any failures are cited as deficiencies. According to the CMS, the majority of facilities have an average of six to seven deficiencies. However, facilities that end up on the SFF list have one or more of the following records:


Continue Reading...

will county defense lawyerOne 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.


Continue Reading...

joliet CDL lawyerCommercial 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. 

There are several mechanical issues that may lead to CDL violations during a roadside inspection. Some of the most common issues are lighting, brakes, and tires. Commercial trucks should be consistently inspected prior to and after a ride for these types of mechanical failures. It is also important for drivers to understand and identify concerns such as brake adjustment and tire inflation. 


Continue Reading...

Will County personal injury attorneyWhether 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.

Most often, these accidents involve surfaces that are slippery with water or ice. In places like Illinois that experience colder temperatures throughout the year, ice and snow are common factors in slip and fall accidents. When property owners and managers are aware of these risks, they can sufficiently warn building patrons of these dangers.


Continue Reading...

Joliet DUI defense attorneyIn 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.

It is also highly recommended to be polite to police officers. This has been shown to lower your chances of being arrested. Additionally, if you are rude to an officer, they are more likely to put more effort into ensuring your conviction.


Continue Reading...

Will County Bar Association Illinois State Bar Association Lions Minooka AV 2019 Rotary DuPage County Bar Association
Back to Top