Author Archives: Jay Butchko
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 »
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 »