Author Archives: Jay Butchko
Can A Landlord Consent To A Police Search Of Your Apartment?
The Fourth Amendment generally forbids the police from searching your home without a warrant. But what if you rent your home? Can your landlord consent to a search if you are not present? The short answer is “no.” In most cases, federal criminal law provides that a landlord cannot allow the police to search… 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?
One of the basic rules of criminal law in Illinois is that a jury cannot convict a defendant because they think he is a bad person. The State’s Attorney cannot introduce evidence of “other crimes” the defendant may have committed simply to show they have a propensity to commit the crime for which they… Read More »
What Does It Mean To Be An “Armed Habitual Criminal” In Illinois?
A weapons or firearms charge in Illinois can bring down the full force of the law if you have a prior criminal record. State law defines an “armed habitual criminal” as someone who possesses or receives a firearm after being convicted of two or more forcible felonies, drug crimes, and certain other offenses specified… Read More »
The Difference Between An “Invitee” And “Trespasser” In Illinois Personal Injury Law
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 this would be a customer who slips and falls on a puddle of water in a store and breaks their leg. If the customer can… Read More »
Can Illinois Nursing Homes Enforce “Unconscionable” Arbitration Agreements?
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 to “binding arbitration” as a condition of admission. Arbitration basically means a resident and their family forfeits their right to sue a… Read More »
What Happens If A Negligent Driver Does Not Have Auto Insurance?
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 injured other people. The current minimum insurance requirements are no less than $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to… Read More »
The Role Of “Proximate Causation” In An Illinois Auto Accident
Successful personal injury claims require proof of proximate causation. In simple terms, the plaintiff must show how the defendant’s negligence caused their injury or loss. In many cases this is fairly simple. For example, if a driver runs a red light and slams into another car that is legally in the intersection, the proximate… Read More »
Family Files Wrongful Death Against Paramedics
Recently, an Illinois family filed a lawsuit against paramedics after their mishandling of a situation led to the death of a man in crisis. The paramedics have since been charged with murder after it was revealed they left the man in a prone position and allowed him to asphyxiate. The big issue here is… Read More »
Lyft Sued By Mother Of Driver: Did They Know About Robberies?
The mother of a Lyft driver who was shot and killed by an armed robber has filed a lawsuit against the rideshare company. The mother claims that the rideshare company’s dispatcher knew that there were multiple armed robberies in the area and that the robber was targeting rideshare drivers. That information never made its… Read More »