Author Archives: Jay Butchko
Defendant Appeals Damages Assessment After Admitting Negligence In Car Accident
In some cases, the matter of negligence is already settled before a case hits a jury. Instead, the two parties dispute the amount of damages the plaintiff is entitled to. The defendant alleges that the plaintiff is overstating the extent of their injuries and believes they should pay less than the plaintiff demands. The… Read More »
Plaintiff Appeals Damages Verdict In Car Accident Case And Wins
It’s more frequent that you see a damages award overturned in favor of a defendant than a plaintiff. However, one case involving a rear-end collision was successfully appealed in favor of the plaintiff. In this case, the accident involves a rear-end collision in which the plaintiff’s head struck the steering wheel causing head, shoulder,… Read More »
Plaintiff Awarded Second Trial In Car Accident Case After Jury Favors Defendant
The plaintiff in a personal injury lawsuit involving a traffic accident was awarded a second trial after they successfully argued that the jury ignored key elements of fact to render a verdict in favor of the defendant. At issue was whether or not defense counsel’s opening statement effectively misled the jury to ignore the… Read More »
Traffic Accident Lawsuit Dismissed On Grounds Defendant Was Never Served
In Illinois, you have two years from the date of an accident to file a personal injury claim against a negligent defendant. There are very few reasons that the statute of limitations may be tolled. These include instances where a plaintiff does not become aware of the extent of their injuries until after some… Read More »
Defendant Charged With Possession With Intent Successfully Appeals Conviction
The vast majority of criminal convictions are upheld on appeal. It can be very difficult for a defendant to successfully petition an appellate court to overturn a sentence. However, there are plenty of cases that are overturned. In this case, the defendant was charged with possession with intent to deliver and possession of cocaine… Read More »
Defendant Loses Appeal Based On Prejudicial Evidence
The state is allowed to introduce evidence that impeaches a defendant’s testimony, but they are not allowed to introduce evidence that would unfairly prejudice the jury against a defendant. In this case, a defendant claimed he lost his first-degree murder case after the state introduced evidence of 8 prior convictions some of which were… Read More »
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 »