Posted on January 20, 2015 in Family Law

At the end of a marriage or relationship, it is normal for there to be feelings of hurt, anger, frustration and hate. Generally, people who are dealing with these feelings find ways in which to vent out these negative feelings so that one day they may piece themselves together and hopefully find happiness, whether in themselves or later with another. Part of the venting may take place through friends, family, a therapist, and/or social media. However, what one vents out onto social media may have a serious and criminal effect on a person’s future.

The Crime of “Revenge Porn” Nationwide

In only a couple states has there been drafting of regulations against what has become known as “revenge porn.” California was the first state to pass legislation and convict someone for “revenge porn.” Illinois finally passed its own specific legislation, criminalizing the trend. Governor Pat Quinn signed into law in the last few days of December the revenge porn legislation categorizing the crime as a felony under Illinois law.

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 Posted on January 19, 2015 in Personal Injury

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 Posted on January 15, 2015 in Immigration

While the United States has had its differences with the leadership of the United Nations (UN), she has also been a signatory to several groundbreaking treaties. One of them is the U.N. Convention Against Torture (CAT), signed in 1984 and ratified 10 years later by the U.S.A.

The language of this convention has allowed some people to claim a form of immigration relief in the United States—yet it is still misunderstood and misinterpreted. An individual who does not qualify for asylum may still qualify for CAT protection.

The Convention in U.S. Law

CAT relief is perhaps best suited for those who specifically fear being tortured, rather than those with a generalized fear of future persecution. Not all forms of persecution qualify as torture. The standard is actually higher than the one for asylum. In an asylum case, you must show credible fear of future persecution. However, in CAT cases, you must show it is “more likely than not” that you would be tortured upon return to your home country.

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 Posted on January 14, 2015 in Personal Injury

Have you been in a car accident caused by someone driving in a vehicle provided by his or her employer? Were you injured in the accident? If so, you may have a claim against the employer. In Illinois, an employer may be liable at law for the actions of their employees, which includes car accidents. For instance, when an accident is caused by someone who is driving an employer-provided vehicle, the employer may be liable under respondeat superior.

Respondeat Superior

Respondeat superior is a legal doctrine that holds an employer responsible for the wrongful acts of an employee. An employee is a worker over whom the employer has a certain amount of control. If an employee/employer relationship exists, the employer may be liable for the actions of the employee.

Liability arises when an employee acts within the scope of the job duties outlined by his or her employer. In essence, if an employee acted within the scope of his or her employment, the employer may be liable for injuries sustained by others due to the employee's actions. Illinois courts have interpreted "within the scope of employment" in many different ways. Thus, it is important to work with an attorney in the event of an accident.

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 Posted on January 13, 2015 in Family Law

Adoption in the United States can be a rigorous process. Prospective parents must submit a cumbersome amount of data to adoption agencies; everything from their Social Security data to their home life is scrutinized under the microscope, and after an extensive waiting period, the couple eventually become parents.

Adoption through an agency requires serious hoop-jumping, and with good reason: agencies want to ensure that the children are placed in good home situations with food, clothing, an opportunity to receive education, and loving parents to care for them. This is the idyllic scenario and not one that always comes to fruition as parents and adopted youth may find themselves incompatible. However, parents cannot just return their adopted children just because they are not up to their expectations … or can they?

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 Posted on January 12, 2015 in Personal Injury

As the New Year gets underway, it is important drivers stay informed on the changes to Illinois automobile law to reduce accidents and injuries.

New Driver Laws in Illinois

Senate Bill 1898 increased the minimum mandatory coverage for liability auto insurance policies in Illinois. It also increases the amount of money that is sufficient to satisfy a judgment in a motor vehicle accident lawsuit. The changes will allow for victims of accidents to recover more money for their injuries, medical expenses, and property damages.

For bodily injury or death of a single individual, the coverage increases from $20,000 to $50,000; bodily injury or death of more than one person increases from $40,000 to $100,000; and for injury or destruction of others' property, the coverage increases from $15,000 to $40,000. Increasing the minimum liability insurance benefits for injured victims of serious car accidents allows them to recover more money from the insurance company of the other party.

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 Posted on January 08, 2015 in Immigration

Since the announcement of President Barack Obama’s executive order on immigration, various immigration reform myths have been abundant in social media. For someone in the system, hearing inaccurate information can be not only frightening and intimidating, it can be devastating—and if someone acts on false information, he or she may jeopardize his or her visa status or asylum claim. It is absolutely imperative that those who need accurate information can get it.

Myth #1: The president’s actions are unprecedented.

False. Nearly every president in our country’s history has used executive orders to push major legislative aims, including immigration reform. Eighteen executive orders regarding immigration have been enacted since 1950 that came from Republican presidents, including George H.W. Bush’s Family Fairness program in 1990. The Immigration & Nationality Act vests the power to make immigration decisions in federal officials, including the President.

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 Posted on January 07, 2015 in Personal Injury

According to the Federal Bureau of Investigations, people drive drunk about 300,000 times per day. Out of those who drive drunk, less than 5 percent are arrested for drunk driving. Furthermore, about half of all drivers who die in car crashes test positive for drugs or alcohol.

Drunk Driving in Illinois

In November of 2014, an Illinois man was held on $1 million bond for a drunk driving accident that he caused. The accident resulted in the death of another person. The state charged the driver with four counts of aggravated DUI, one count of driving under the influence of drugs, and one count of driving with a revoked license.

Illinois takes driving under the influence seriously, as it can result in serious injury to the drunk driver and to others. Illinois law prohibits driving under the influence. Specifically, Illinois statute 625 ILCS 5/11-208.6 prohibits "driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof …" Local law enforcement has the authority to enforce drunk driving laws.

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 Posted on January 06, 2015 in Family Law

In most legal matters, the law focuses on empowering all members of society to make legal decisions that are best for themselves. However, sometimes the rights of many are restricted because they lose their ability to make decisions for themselves; the courts then step in and take action on their behalf to ensure that their interests are protected. This can lead, unfortunately, to a population that is left unable to act in their own legal best interests. This happens largely when a man or woman becomes incompetent either through age and/or disability, and the courts provide these wards with a guardian ad litem to represent them in legal family law issues concerning them.

It is important at any age, and with any disability, that citizens of our society still have their rights adequately represented. In family disputes, minors are provided with their own guardians ad litem to make sure that, though they are considered “incompetent” because they have not reached the age of majority, their rights are still protected even in the face of family disputes.

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 Posted on January 05, 2015 in Personal Injury

The Metra Transit System, commonly referred to as Metra, is responsible for commuting approximately 81.3 million passengers. The Metra is the fourth busiest commuter rail system due to its high passenger volume. Despite the Metra's statistics demonstrating the reliability of the rail system, accidents occur due to train collisions with vehicles, people, and may also occur because of faulty or damaged railways, therefore leading to serious injuries and even fatalities among the millions of riders.

Police and public agencies are responsible for maintaining a safe railway environment and the safety of the general public; however, human behavior is often unpredictable. Railway safety is critical to maintaining a safe environment in support of police efforts, and it is the duty of those employed by the railway to properly maintain the trains and equipment. Accidents are not predictable and the actions of employees of the railway or the actions of others can seriously injure passengers.

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