Monthly Archives: May 2023
Can A Landlord Consent To A Police Search Of Your Apartment?
A Seventh Circuit decision explains why a landlord generally cannot simply give police permission to search an occupied tenant’s home without a warrant. The Fourth Amendment protects people against unreasonable searches and seizures, and a person’s home receives especially strong protection. But what happens when the home is rented rather than owned by the… Read More »
Can I Receive Jail Time For A First-Time DUI Offense?
Not all DUI offenses are prosecuted the same in Illinois. There are a number of factors that can turn even a first offense into a felony punishable by serious prison time. Illinois law refers to these more serious cases of drunk driving as “aggravated” DUIs. One example of this is an “aggravated DUI resulting… Read More »
Can Illinois Prosecutors Introduce Evidence Of “Other Crimes” To Prove My Guilt?
People v. Rowland: Illinois Appellate Court Orders New Trial After Improper Other-Crimes Evidence A defendant’s alleged involvement in an unrelated drug offense became the focus of an Illinois appeal after prosecutors introduced the evidence during an attempted murder trial. Illinois generally does not allow prosecutors to introduce evidence of other crimes simply to persuade… Read More »
What Does It Mean To Be An “Armed Habitual Criminal” In Illinois?
People v. Neal: Illinois Court Examines Constructive Possession in a Firearm Case When police find a firearm in a bedroom that does not belong to the defendant, prosecutors may still pursue a conviction if the evidence establishes that the defendant knowingly possessed and controlled the weapon. Illinois has especially serious consequences for certain people… Read More »
The Difference Between An “Invitee” And “Trespasser” In Illinois Personal Injury Law
Illinois Premises Liability: Invitees vs. Trespassers Whether you are considered an invitee or a trespasser can affect a property owner’s legal duty after an accident. If you are injured on someone else’s property, the owner may be responsible for your medical bills and other losses under Illinois premises liability law. A common example of… Read More »
Can Illinois Nursing Homes Enforce “Unconscionable” Arbitration Agreements?
Illinois courts may refuse to enforce nursing home arbitration agreements when the circumstances surrounding the agreement or its terms make it unconscionable. As nursing home abuse and neglect claims continue to rise in Illinois, more and more facilities attempt to avoid the traditional legal process by forcing their residents—and oftentimes, their family members—to agree… Read More »
What Happens If A Negligent Driver Does Not Have Auto Insurance?
An insurance policy may not provide coverage simply because a driver believed their vehicle was insured. Illinois law requires all drivers to carry a minimum amount of auto insurance. This includes liability coverage in the event the driver causes an accident that injures other people. The current minimum insurance requirements are no less than… Read More »
The Role Of “Proximate Causation” In An Illinois Auto Accident
An insurance policy may not provide coverage simply because a driver believed their vehicle was insured. Illinois law requires all drivers to carry a minimum amount of auto insurance. This includes liability coverage in the event the driver causes an accident that injures other people. The current minimum insurance requirements are no less than… Read More »