Jury Duty Can Be Crazy -- ROCKFORD CRIMINAL ATTORNEY

Let’s face it, jury duty is not the most enjoyable experience in the world. It can be a big commitment in time and money without a whole lot of reward. Those of us who have actually served on a jury know that it can be boring, tedious, unengaging, and did I say boring? Even if we begin our service caring about our civic duty by the end we just want to get back to our normal life.

Some may dread jury duty so much that they devote considerable time deciphering a way out of it when they receive their summons. Some think that if they simply do not show up they can avoid the problem. This is probably not a good idea as not showing up for jury duty is sometimes a criminal offense and you can be penalized for it. Still others think that if you can clearly show you are prejudiced for one party or the other, or say that you know the defendant or even fake a hearing problem then they can get out of jury duty. Others, however, take it to a whole other level…an “insane” level.

Earlier this month a women in Denver, Colorado pleaded guilty to “attempting to influence a public servant” for faking a mental illness to get out of jury duty. According to the Denver Post the women wore hair curlers and mismatched reindeer socks into court in an effort to go home early. This tactic may seem ridiculous but it actually worked, at least for a time. The women was able to convince a judge to dismiss her as a result of her performance and that judge was none the wiser until the “crazy lady” turned into the “not crazy but maybe stupid” lady. Her perfect crime was found out when she told her story on a radio show where the judge who had dismissed her from jury duty happened to be listening in.

One might hope this experience will teach this women to leave her “crazy” at home but it should be a lesson to the rest of us jury duty dodgers as well. Why? Well the crime she pleaded to is a felony. What that means is that if you think you have a fool proof way to get out of jury duty you might want to think again or you could end up in that court room for a much different and much more unpleasant reason.

If you end up in a court room, the Crosby Law Firm can help you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.

New Statistics Paint Interesting Picture of Rockford Crime -- ROCKFORD CRIMINAL ATTORNEY

A new study on Rockford’s incidents of shots fired, armed robberies and burglaries was released this month and there is some good news and some bad news. The good news is that two thirds of Rockford has seen significant reductions in these crimes this year. The bad news is that the other third has seen a staggering increase. In a response to this rise, and to the seemingly endless presence of violent crimes in the area, some of the citizens of Winnebago County are trying to make it legal to carry guns themselves.

Rockford Police divide the city into three districts. The first district is to the far West side of the city, the second district is the Central part, and the third district is to the East. In the East and Central districts, which are the parts of the city east of the Rock River, the number of gun crimes have drop significantly this year. These two areas have seen over 70 fewer incidents of gun violence in the last 12 months. Much of the improvement came in the central part of Rockford where there were over 160 reported incidents this time last year compared to just over 100 in 2012. These statistics can certainly be seen as progress in a city that has been plagued by crime, and gun crime in particular, for decades.

However, now comes the west side. That area west of the Rock River that has been at the heart of Rockford crime rates for years has seen a noticeable increase in its gun crimes. By October of 2011 there were 184 reported gun crimes in the city but by October of this year there was 246 such reports. That is an increase of 34 percent over 12 months. In the face of such contrasting numbers many Rockford citizens may just want to cut the west side loose from the city. But until that becomes an option some residence of the County are trying a different tact.

This month the County of Winnebago is holding multiple hearings to discuss the issue of letting people within its boarders to carry guns. Despite the warnings of the County State’s Attorney, who sent a letter to the County Board informing them that a county cannot ignore a state statute and pass its own gun law, there are members of the board who want to proceed anyway. Some supporters feel that there Second Amendment rights are being violated but many feel they need firearms for protection in a city that was cited by the FBI last year as the ninth most dangerous city in America based on violent crime statistics. The County’s proposal would allow people within its boarders, whether they are citizens of the county or not, to carry guns if they have had training and a Utah gun permit which is a recognized permit in 32 states. Most of the people supporting the measure understand that it has little to no chance of being enacted but, for many, the gun crime problems in the county, and specifically in Rockford, have caused them to fight for the petition anyway in the hope that it will eventually lead to a change in the state wide ban.

If you have been the victim of a gun crime or feel that your rights have been violated and you need representation, contact The Crosby Law Firm. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.

When Dogs Attack -- Rockford Injury Lawyer

An estimated 4.7 million people suffer from dog bites every year. In Chicago alone there are around 2,000 dog bites per year. Dog bites can lead to some very serious injuries, as around 20% require immediate hospitalization; and in some rare cases death. For instance, last December a Rockford resident was bitten in her jugular vein by a dog and passed away. The most shocking stat is that of all of the dog bites in the US last year, the victims considered the dog that bit them a familiar dog (which they have seen or been around before the bite). Further, children are the most common victims of dog bites; specifically it is highest for those between the ages of five and nine, while the next most common victims are adult males. Now obviously one cannot easily just go around avoiding dogs at all costs, since it is very likely that a neighbor or someone you know owns a dog. So, there are some common ways for children to avoid dog bites: do not run from or scream at a dog, remain motionless when approached, avoid direct eye contact with the dog, and never disturb a dog when it is eating, sleeping, or caring for its puppies.

Although, as evidenced from the $9.7 million that State Farm alone had to pay out to its 317 dog bite claims in Illinois in 2010, bites are going to happen. They are most likely going to occur from a Pit-bull as that breed was accountable for the most incidents in 2011. If you are bitten by a dog, you have rights. In Illinois the owner is typically liable if their dog attacks someone, so long as the person was allowed to be in the area they were attacked in, the victim did nothing to provoke the dog, and the victim was acting peaceably toward the dog. The owner of the dog will be liable to pay for any medical expenses and disabilities resulting from the injury, as well as any pain or suffering that may have occurred from the bite. Although, in many instances the dog bite will be covered by homeowners insurance and the costs could be recovered from the insurance company directly.

If you own a dog that has bitten someone, you too have certain rights, but you must always follow procedure if your dog has bitten someone. The first step is to immediately contact the State Health Administrator; they will then contact a veterinarian on your behalf in order to set up a mandatory rabies check within 10 days of the bite. The owner is not allowed to get rid of the dog or move the dog away until the state administrator has released the animal. If the owner of the dog can prove that the victim was on private property or was provoking the dog, they may not be held liable.

In order to learn more about your rights as the owner of a dog who has bitten someone contact, The Crosby Law Firm. If you or someone you care for has been the unfortunate victim of a dog bite, click above for a 'Free Consultation' and find out what we can do for you. The Crosby Law Firm can also be reached at (815) 397-2006.

When Grandparents Can Take Custody -- Rockford Child Custody Attorney

The relationship between grandparent and grandchild is a unique one. The love and care shared between the two can be, at times, unmatched and the willingness and ability of the grandparent to care for the child can be even greater than that of the child's parents. But what legal rights do these grandparents have? How, if necessary, can they obtain custody of these grandchildren when one or both of the child’s parents dies or refuses take care of the child? These questions have been tricky ones to answer for the State of Illinois. On the one hand the State does not want to interfere with the rights of parents and their right to raise their child. On the other hand the interest of the child is paramount. So what is a grandparent to do?

The county courts have the power to decide custody issues in the State of Illinois. The main focus for the court, however, even while trying to protect the rights of the parties involved, is on the best interest of the child. This means that just because the grandparent feels they can do a better job raising the child than the parent or that the grandparent feels they have a right to the custody of the child, the court will not necessarily grant it to them There are times, of course, where the best interest of the child would be served by placing him or her into the custody of their grandparents. There are a few ways to do this and the simplest, though probably not easiest, way is through the consent of the parent or parents. If the parents have voluntarily relinquished the physical custody of the child, the grandparent may be given custody. But in the event that the parent or parents do not relinquish custody the process becomes more complicated.

In any event, however, the grandparents will have to file a Petition for Custody with the court in the county where the child resides. There are only a few times when a grandparent would be allowed to file this petition. One such time would be if the child were not in the custody or possession of either parent at the time of the petition. This can be more difficult to establish than one might think at first glance. For example, even if the child is staying with the grandparent at the time the petition is filed the court may not find this to be enough if it was a temporary arrangement and the parent or parents only allowed it so he or she could find a place to live or work. Each situation is different and would need to be looked at carefully by the court to determine if it qualifies.

Another time where a grandparent may file custody petition would be in the unfortunate event that one of the child’s parents dies. Only the grandparent who is the parent of the deceased can file in this situation. However, even in this circumstance the petition can only be filed if one or more the following three circumstances occurred. One, if at the time of the parent’s death the surviving parent had not been at the home the family shared for more than a month without the deceased parent knowing where the other parent was. Two, another possible circumstance would be if the surviving parent is in the custody of the state or federal government (i.e., jail or prison). The third and last possible circumstance is if the surviving parent had at some point caused bodily harm to the deceased parent or violated a protection order.

This petition will just get the grandparents foot in the court room door in the process to obtain custody. A good attorney is vital in understanding all of what is required for a grandparent to obtain custody of their grandchild. If you are involved in a custody dispute, you need a lawyer to protect you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.

Where Does the Thomson Correctional Facility Go From Here?

Within the coming weeks, the Illinois legislature will finalize a sale of the Thomson Correctional Facility for $165 million. Thomson Prison is located about 70 miles West of Rockford. The prison can hold up to 1,600 inmates, these inmates will be transferred from the severely overcrowded Federal prisons throughout the United States. It may seem as a daunting prospect to have so many prisoners living in the maximum-security prison in your backyard, yet Illinois representatives claim that it will greatly help Illinois and primarily the Northwest region. The prison, which is set to open by the end of the year, will bring around 1,100 jobs to the area. It is also speculated to bring in about $61 million to local businesses. This seems to some to be a great prospect as we, the tax payers, were paying to keep the unused prison functional since its opening in 2001. Furthermore, with a purchase price of $165 million, Gov. Pat Quinn has stated the funds will be used primarily to pay off Illinois’ staggering debt.

However, the sale did not go off without a hitch. In Washington, the Chairman of the Bureau of Prisons, Frank Wolf, has not signed off on the purchase and refuses to do so. Yet, President Obama was determined to make the sale, and despite the general courtesy that he usually extends to congressional committees, he bypassed it after Attorney General Eric Holder’s finding that he did not need the express authority of the committee. Governor Quinn has also outwardly expressed his desire for the Feds to buy the Prison. The reason for Rep. Wolf’s refusal to sign off is due to the fact that he believes the opening of the prison will be used to open the door for the transfer of inmates that are based in Guantanamo Bay, Cuba, commonly known as Gitmo. President Obama staunchly rejected any of the claims made by Rep. Wolf, largely due to new restrictions that effectively removed funding for the transfer of Gitmo inmates to the Thomson Facility.

Some Republicans disagree, stating that by effectively going around the Congressional Committee headed by Frank Wolf, President Obama has gone against the will of the Congress and the American People and will be met with the utmost opposition of the Appropriations Committee. The committee has stated that although it is not likely for the Gitmo inmates to be transferred to Illinois, by moving some of the prisoners from other federal prisons in Illinois, it will open up space for terrorist inmates to be transferred to other Federal Prisons in the United States. The basic question opponents ask is whether President Obama will stick to his word and not transfer the Gitmo inmates; or will Obama stick to his (other) word and close the Guantanamo Bay Correctional Facility?

While you will not be charged with hooliganism in the United States, if you are charged with a criminal offense you need proper representation, and the Crosby Law Firm can stand up for your rights. Click here or call 815-397-2006 for a free consultation.

Rockford Ranked Third Most Affordable Housing Area in Nation

After being in the ranking for “most dangerous” and “fattest,” Rockford is finally in the ranking for something positive. A report by Fiserv, a global provider for information management, ranked Rockford as the third most affordable housing market in the nation, meaning it is a great time to buy a house in Rockford.

In Rockford the average home sells for $80,000 which fairly inexpensive particularly when the median family income is $60,000. However, this buyer’s market will not last forever. Experts say this will not last much longer and are already starting to see a spike in sales. One Realtor said that July is normally one of the slowest months of the year but this July showed a dramatic increase from the preceding months, showing that the housing market is improving fast in Rockford.

Do you plan on buying a home in Rockford, or the surrounding area? Do you plan selling a home in Rockford or the surrounding area? Buying or selling a home may seem simple, but don't be fooled, you will need a lawyer to protect you. Click here or call the Crosby Law Firm 815-397-2006 for a free consultation.

My son is 11, is that old enough for him to decide which parent he wants to live with after a divorce?

While some states allow a child of a certain age to choose which parent to live with, in Illinois the court will determine what is in the best interest of the child. Precedent shows that children’s wishes will be taken into account during the decision making process. The greater the child’s age, intellect, and maturity, the more likely a court will adhere to the child’s wishes. Therefore, the preference of a 17 year old will be given great weight while the preference of a 7 year old would hold little weight in comparison.

In short, your son does have a say about which parent he will live with but this is not determinative, only a factor considered by the court. The court will weigh your son’s wishes with their assessment of each parent’s ability to care for the child, and grant custody in the best interest of your son.

Divorce Proceedings and custody battles can be very messy and often times emotions run strong. If you are involved in a custody dispute or if you are considering a divorce, you need a lawyer to protect you. Please call the Crosby Law Firm at 815-397-2006 to schedule a free consultation.