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.

Unbelievable Divorces: 550 Cats, Honeymooning with Mom, and a Talking Bird./ Rockford Divorce Lawyer

In Illinois you need grounds for divorce:basically a reason is required to get divorced. Illinois does not permit “no fault” divorce.There are several bases that are generally recognized: irreconcilable differences, mental or physical cruelty, alcohol or drug abuse, adultery, impotence and imprisonment. Sometimes couples want to get divorced for reasons that do not really fit into any of those categories.

In Israel a husband filed for divorce from his wife because she has 550 cats, which she refuses to get rid of. The man said that he could not sleep on his bed because the cats were laying on it. He told the court that the cats blocked the door to the bathroom, and that they stole food off his plate at the dinner table.

In Italy a wife filed for divorce after her husband brought his mother with on their honeymoon. The wife asked the husband to make her leave but he refused. After only three weeks of marriage the wife asked for a divorce because of her husband’s “excessive emotional attachment” to his mom.

In China a husband divorced his wife after 10 years of marriage when he found out that she had been lying about her age the whole time. The wife said she was 24 when they were married, and after 10 birthdays it never came up that she was actually 6 years older.

Also in China a wife learns that her husband is cheating on her because their pet bird started talking about the indiscretion, saying things like “I love you,” “Divorce” and “Be Patient” everytime the phone rang. The wife brought the bird to court to testify at her divorce hearing. The bird was not subject to cross examination.

Finally, in Germany a man seeks divorce claiming that his wife is too sex-crazed and he has been forced to sleep on the couch for 18 years out of fear that she will attack him while he sleeps.

Funny business aside, a divorce is a serious thing that should not be attempted without the protections of a divorce lawyer. The Crosby Law Firm can help. Call today for a free consultation at 815-397-2006, or click here and tell us your story.

Victim of Gruesome Cannibal Attack Speaks after 2 Months in the Hospital

WARNING, CONTAINS GRAPHIC IMAGES!!

There has been a new light shed on the horrific attack from May 26th after the victim Ronald Poppo spoke for the first time since the attack.
Poppo recalls that he we resting underneath an exit ramp when Eugene came up to him and accused him of stealing his bible. Poppo denied the accusation and Eugene threatened to kill Poppo, and then attacked. When the cops arrived and ordered Eugene to stop he only growled at police, forcing police to shoot several times, and ultimately kill Eugene to get him off Poppo.
Poppo is now in a Miami long-term-care facility. On the gruesome day in May, Poppo had over half his face eaten off by Rudy Eugene in an attack lasting 18-minutes. While many had suspected Eugene had done “bath salts” before the attack, known to cause severe hallucinations and paranoia, the toxicology reports showed that Eugene had nothing but marijuana in his system.

While some might say that marijuana might have been the cause of this, experts agree that it is very unlikely because none of the known effects of marijuana cause severe violent behavior and we found no studies that linked cannabis to cannibalism. However there are some drugs that would not show up on a toxicology report, which may be a contributing factor to why Eugene attacked Poppo. As of now it is still a mystery why a naked Eugene undressed Poppo then attacked and chewed Poppo’s face off. Some talking heads have dubbed this event the beginning of the “Zombie Apocalypse,” because of the bizarre rise in cannibal behavior in Florida the past few months. Coincidently the Center for Disease Control, or CDC, released an article 10 days before the attack titled, “Preparedness 101: Zombie Apocalypse.”

Some say drug offenses are victimless crimes, but that is debatable. In any event, your right to a defense attorney is not debatable. If you are arrested for drugs, drug paraphernalia, or an illegal substance crime we can help. The Crosby Law Firm has helped thousands of people with similar legal problems and are prepared and capable of helping you. Click here or call 815-397-2006 for a free consultation.

President Obama behind Romney in Fundraising

Romney has announced his new running mate, Paul Ryan, a popular congressman from Wisconsin. Since then, there has been another spike in donations to the Romney/Ryan Campaign. Ryan was brought to tears as thousands applauded him in Wisconsin this weekend.

President Obama is still behind Mitt Romney in fundraising. For the past three months donors have been endorsing Romney, and a vast majority of the donations are under $100 meaning they are probably from middle class working families. Romney has raised a shocking $101 Million to Obama’s $75 Million.
To put this into perspective Romney has raised enough money to buy 100 Submarines, 100 Airplanes, 404,000 PS3, 505 new Lamborghinis, or 50 new yachts. Romney has raised more money in the past month than 63 people earning an average income will make in their lifetimes.

In response, Obama went back to Chicago for big fundraising events this weekend. The event everyone is talking about was at Obama’s mansion in Chicago, where he charged $40,000 a ticket. At this event he told donors, “Chicago is an example of what makes this country great” then said, “Witness this room" then said, "we’ve got everything we need to make things work here in America.”

What was not addressed by either candidate was the repulsively high homicide rate in Chicago. There been 228 murders so far this year. That is more killings this year than Afghanistan, New York or Los Angeles. Obama had said, about the South Side of Chicago which is where a majority of the shootings have occurred, "I think it's fair to say I'm an adopted son of the South Side." Chicago’s mayor, and Obama’s former chief of staff, Rahm Emanuel, has unfortunately not been able to decrease the homicide rate yet.

Most Americans do not have donors with such deep pocket books. As the economy continues to falter, the jobless rate continues to grow. If you lost your job and are overwhelmed with debt, federal law offers a solution. Give yourself a fresh start with the U.S. Bankruptcy code. Our Rockford bankruptcy lawyers will guide you through the process and help you get on with your life. Click here or call 815-397-2006 for a free consultation today!

Saudi Ambassador: a Bigamist who Does Not Have to Pay Child Support Penalties / Rockford Family Lawyer

Faysal Zedan, a Saudi Ambassador to the United States was married in 1966. He was then married again in the United States to Sylvie Westheim in 1995. The couple had three children together. When 2006 rolled around the marriage was annulled after a finding that Zedan was still married to his wife from 1966.
The court ordered Zedan to pay $7,000 a month in child support and alimony to Westheim. Westheim claimed he has not paid child support and took Zedan to court where the court found Zedan in contempt and ordered him to pay over $200,000 in past child support and alimony.
On appeal the Virginia Court of Appeals overturned this ruling. The court held that Zedan did not have proper notice of the annulment or the court ordered child support and alimony to be considered in contempt of court, even though he was in communication with Westheim. Now the 70-year-old Ambassador must start paying $7,000 a month to Sylvie Westheim and their three children, but does not have to pay back the unpaid child support for the past 6 years. The Ambassador’s child support is astronomically higher than average because child support is determined by a percentage of income, and the Ambassador makes a great deal of money.
Child support fights are tough and often contain unexpected twists and turns. Our attorneys are experienced and versed in the law of child support. Are you considering divorce? Are you involved in a child support or custody battle? If so, click here or call the Crosby Law Firm at 815-397-2006 for a free consultation, to ensure that you receive the representation you deserve. When it comes to your divorce or your children, it’s no time for amateur hour. You need a lawyer to protect you.

Governor Quinn Signs Housing Bills for Disabled Housing and Protection from Mortgage Fraud / Rockford Real Estate Lawyer

Governor Pat Quinn signed two new housing bills into law on August 3. Both Laws take effect immediately. The first bill provides disabled people with greater access to affordable rental housing, by making $10 million in subsidies available to landlords. The funding falls under the Rental Housing Support Program, which is a division of the Illinois Housing Development Authority (IHDA). Funding for the subsidies will be acquired through a $10 fee added to real estate document recordings.
The second new law attempts to provide greater protection from mortgage fraud for homeowners. The bill increases the fines for mortgage fraud, increases fees for mortgage company licensees, and gives more power for the investigation and prosecution of mortgage fraud to the Illinois Department of Financial and Professional Regulation’s Division of Banking.
Here at The Crosby Law Firm, we have extensive experience and knowledge of real estate law and landlord/tenant law allowing us to evaluate your contract and answer

Olympic Gold, Bankruptcy, and Child Support: The Story of Gabby Douglas/ Rockford Bankruptcy and Child Support Lawyers

What do Olympic Gold Medals, Bankruptcy, and Child Support all have in common? Gabby Douglas, the 16-year-old gymnast who awed the nation with her spectacular performances in the London Olympics. Newspapers have attacked Gabby lately because of her family issues.

Earlier this year Gabby’s mother filed for bankruptcy after accumulating nearly $90,000 in unpaid debt. Questions are popping up now because young Gabby is being offered cereal box jobs and other similar advertising positions, like many other Olympic winners. While bankruptcy is a valid option for families that cannot catch up with their bills and are struggling to stay afloat, people are upset about the bankruptcy so soon before Gabby won gold (and all the perks that come with it). Regardless, Gabby’s new fame will set her, and likely her family, up for a comfortable life.

In other news, Gabby is being asked about her dad, whom she claims left when she was 9. With it being “child support awareness month,” newspapers are all over Gabby about her father’s inability or unwillingness to pay child support. Her parents have been separated for 7 years but were just recently divorced. Gabby’s dad has allegedly paid little or no child support since Gabby was 9, leaving Gabby’s mother to struggle to support the children and Gabby’s expensive gymnastic lessons. The family is suggesting that the lack of child support is a leading factor in the bankruptcy.

If you are having a financial crisis and you cannot get ahead, or if you cannot get child support from your child’s other parent we can help. The Crosby Law Firm has lawyers who work tirelessly to ensure your family has the best legal representation possible. We offer payment plans, and free consultations so we can sit down with you and talk about solutions to your problems. Click here or call 815-397-2006 to claim your free consultation.

Naked Country Star, Randy Travis, Threatens Trooper with Death, After Being Arrested for DUI/ Rockford DUI Attorney

In Texas yesterday country star Randy Travis was arrested just before midnight after a driver called to say there was a naked man in the road. Police arrived to find the singer’s Pontiac Trans Am crashed into a construction zone and Randy Travis lying completely naked in the road. Travis did not suffer any serious injuries from the crash only a black eye and some scratches.

Travis refused a Breathalyzer but was taken to the hospital for blood work to determine his blood alcohol content (BAC). While in the squad car Travis told the Trooper that he was going to shoot and kill him. Travis was charged with Driving While Intoxicated, retaliation and obstruction.

This charge follows shortly after another DUI charge from February of this year when Travis was found in his car in front of a church drinking. Travis apologized and said he was partying for the Super Bowl. The singer is now being held with a $21,500 bond.

Rockford traffic lawyers of The Crosby Law Firm are experienced, and we know your rights. Are you facing speeding tickets, moving violations, DUI/DWI, drivers’ licenses suspension, or a similar matter? We offer flat fee pricing for most criminal matters. Click here or call 815-397-2006 to arrange for a free consultation today, so you know where you stand.

Amanda Bynes Accused of DUI and Two Hit-and-Runs Asks President to Fire the Arresting Officer/ Rockford DUI and Traffic Attorneys

Former child star Amanda Bynes was accused of rear-ending a woman, called only Kisa, and refusing to give Kisa her insurance information on Saturday in Beverly Hills. Kisa then called the police who filed a hit-and-run report. Kisa is claiming there was significant damage done to her car. Reports suggest that Bynes may have been texting while driving when she allegedly hit Kisa’s car. Texting while driving is illegal in both California and Illinois.

Bynes is finding herself in a bad place with this hit-and-run report happening shortly after Bynes was charged with a DUI and another hit-and-run, both are still pending. In that instance Bynes allegedly sideswiped a police car, and was later apprehended but refused to take a Breathalyzer test. Bynes plead not guilty and even tweeted to President Obama, “Hey @BarackObama… I don’t drink. Please fire the cop who arrested me. I also don’t hit and run. The end.” If convicted Bynes may face 48 hours in jail, 3 years probation, a 9 month-alcohol program, and a hefty fine.

In Rockford, if you are convicted with a DUI you can face up to 1 year in jail, suspension of your driver’s license for up to 3 years, and a $2,500 minimum fine. Jail time, community service, and fines only get worse if there are children in the vehicle, if your blood alcohol content (BAC) is over .16, or if there was an accident involved.

If you were involved in a traffic accident, a moving violation, or a DUI, a lawyer is necessary. Click here or Call the Crosby Law Firm at 815-397-2006 for a free consultation.

White Supremacist Kills 6 in Sikh Temple Shooting/ Rockford Wrongful Death Lawyer

In the wake of the “Dark Knight Rises” Massacre a shooting occurred Sunday morning at a Sikh temple in the suburbs of Milwaukee, Wisconsin. The alleged shooter, Wade Michael Page, entered the temple, as it was about to begin service and started shooting. Witnesses say the shooter remained silent but looked as if he had a purpose. Page was shot outside the temple by local law enforcement after the shooting left six dead.

Page served six years in the U.S. Army, and part of that time was spent working in the psychological operations unit at Fort Bliss, Texas. After Page’s other-than-honorable discharge he allegedly joined a neo-Nazi group and started a white supremacist band. While these allegations have not been confirmed, the FBI is leading the investigation and appears to be treating the shootings as domestic terrorism.
Sikh’s across the world are outraged by this act of violence. In India protests have broken out condemning the violence. Protestors carry signs berating the United States, and one Sikh said, “It is very shocking. A country like the U.S.A., which says it is a superpower, could not protect its own people.” The Prime Minister of India has ordered a Sikh delegation to investigate the attack.

A Sikh right’s group called Sikh Coalition has said that hate crimes against Sikhs has increased since 9/11, claiming 700 biased attacks. The group claims the increase in hate crimes is because of the anti-Islamic sentiment in the U.S.
Since the “Dark Knight Rises” Massacre many are suing the movie theatre for wrongful death suits. Generally the owner of public property is not liable for unforeseeable, third party, criminal acts even those causing wrongful death. However if the criminal acts were foreseeable the owner may be liable and in those cases a wrongful death suit may be brought. Further, death resulting from non-criminal acts may lead to viable wrongful death claims. While nothing can bring back your loved ones wrongful death suits can give closure and monetary compensation for the victims family. If you have a legitimate wrongful death claim, the Crosby Law Firm can help. We have lawyers with experience who will fight for your family’s rights. Click here or call 815-397-2006 for a free consultation.

"Holmies": The Shocking Group of James Holmes Supporters

Just hours after the “Dark Knight Rises” shooting, an online group started forming.  They now have dozens of fan pages and call themselves the “Holmies.”



The Holmies are a group, mostly teenage girls, who support the alleged shooter, James Holmes, that was charged with 24 counts of murder on Monday.  These children take pictures of themselves wearing plaid and drinking Slurpees.  Both are symbolic.  The Slurpee represents a dream that Holmes expressed in a video from when he was 18 to own a Slurpee Machine.  The plaid reference is because the alleged murderer was said to be wearing plaid under his body armor at the time of the shooting.

Even more disgusting these girls are claiming to be sexually attracted to Holmes, and want to start writing to him in prison.  One writer even posted the rules for sending letters to jail, and others have posted what they are writing to Holmes.  This attraction to mass murderers is a psychological disorder called hybristophilia or “Bonnie and Clyde Syndrome.”  The followers are creating pictures, anime and photoshopped art of Holmes.  For example, one disturbed follower posted a fake picture of Holmes as a veteran being honored with a military medal from President Obama, another has posted a picture is of Holmes as the Joker, from Batman, with the caption saying, “It’s simple, we kill the audience.”

While this outrages most Americans, should this be allowed?  Does the First Amendment, freedom of speech, protect this behavior?  Should children be given freedom of speech to this extent or should that be reserved for adults?  Where are the parents of these "Holmies", and should society be giving parents better ways to monitor children?

What do you think?

Our troubled youth are often misguided and find themselves in compromising positions. The parents of such children sometimes face what seem like impossible obstacles, particularly in regards to their legal issues. We can help protect you and your children. Our Rockford lawyers represent juveniles charged with criminal offenses. When children face criminal charges, DCFS investigations often follow. Whether defense is needed for accusations of theft, vandalism, or drug possession, we can help. And if your parental rights are at stake, our Rockford DCFS lawyers are willing to stand by your side. Click Here or call 815-397-2006 for a free consultation with an experienced attorney.

The Crosby Law Firm is a general practice law firm dedicated to solving your problems.  Whether you are struggling with a Divorce or family law issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Caught on Tape: Child Custody Battle Becomes Literal Battle Outside Rockford Court House

 
Child Custody battles are often very emotional, but those emotions rarely turn into brawls on the sidewalk in front of the Winnebago County Courthouse.



After passionately arguing their custody case the parents were sent out separate exits, regardless, the two found each other in front of the courthouse and started yelling and hitting each other. As police came out, acquaintances dove in for a piece of the action that, ultimately, landed three fighters in police custody.
All too often people try to take justice into their own hands, but if you have a strong attorney who is willing to fight hard to ensure justice is served in court, violence does not have to ensue outside. If you are going through a divorce or child custody dispute call The Crosby Law Firm so problems can be settled legally, in the courtroom, and no one has to get physical.

The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family law issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Micheal Jackson's Siblings Fight to Take Control of his Estate after Will Dispute

Michael Jackson’s parents reported that the pop star died intestate (without a will), but just days later a will, signed in 2004, appeared. The significance of dying intestate is that the government then decides who gets your assets, and how much they get, according to the laws of “intestate succession,” rather you’re your own intention as reflected in a will. The will left 40% of Michael’s estate to his children, Prince, Paris and Blanket, 40% to his mother, Katherine Jackson, and 20% to certain charities, but left nothing to his father or siblings. Now Michael’s siblings are calling the will fake and fraudulent.
While a judge has already determined the will was valid and distributed assets as the will requested, the siblings are finding new ways to fight for a share. This includes sending Katherine, Michael’s mother and the executor of the estate to Arizona, allegedly by force, while Randy, Michael’s brother, orchestrated a failed attempt to scrap the will, without Katherine around.
While Michael’s mother, Katherine, was missing in action custody of the children was taken from her and temporarily given to Michael’s nephew TJ. Now TJ is pushing for joint custody with Katherine, and the whole situation is a mess. This is a classic example of the importance of a proper and well documented will, particularly when there are children involved (or greedy relatives).
Do not leave your loved ones in a situation like this. Make sure you have a will that can withstand scrutiny and attack. A will is necessary to ensure your assets and children will be cared for the way you want them to be cared for. The Crosby Law Firm will include a guardianship provision in your will, so the world knows your preferred caregiver for your children after you pass. Our firm can help, Click Here or call 815-397-2006 for a free consultation and meet one of our attorney’s who has made a career out of protecting families and individuals just like you.
The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family law issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Snow White and the Huntsman Affair Scandal: Kristen Stewart Cheats on Robert Pattinson with a Man Nearly Twice her Age!!

Snow White and the Huntsman Affair Scandal: Kristen Stewart Cheats on Robert Pattinson with a Man Nearly Twice her Age!!



A cheating spouse is considered grounds for divorce by many but is the same infidelity grounds for a break-up outside of marriage?

Kristen Stewart, the 22 year old star from the Twilight Saga, apologized for having an affair with her 41 year old director Rupert Sanders during the production of Snow White and the Huntsman after scandelous pictures of the two went viral.  Kristen’s fans are claiming that Rupert seduced her into an affair and he took advantage of his position over her, but neither party has verified this allegation. 

Kristen Stewart was in a three-year relationship with Twilight co-star Robert Pattinson before he learned of the infidelity. The two were not married and do not have any human children but they own a $6 million home in Los Angeles and a dog. Robert Pattinson has allegedly moved out and will not speak with Kristen, despite her desperate attempts to fix the relationship. However, Kristen and Robert are allegedly starting a “custody battle” for their dog Bear which they adopted at a shelter together and consider their child.  Both sides want the dog and Kristen is pushing for joint custody of the beloved pooch (while newspapers are referring to the dog fight as a “custody dispute,” the fact matter is the pooch is property and will not be treated the same).

The story is still unfolding though with reports that what Kristen called a “momentary indiscretion” was actually a six-month plus affair.  Regardless, it looks like Robert is done and the relationship is over.  Unfortunately, the two still have to work together for the promotion of the final Twilight movie Breaking Dawn: Part II coming out on November 16 of this year. 

The two will face an interesting battle trying to split up the co-owned home and their k-9 “child”. Generally, in a divorce setting, the judge would split up the marital property or hear a custody case, over human children.  While the two are not married, and do not have any real children, some state judges, such as Wisconsin divorce judges, will split up shared assets if the assets were obtained through mutual efforts and one party is retaining an unreasonable amount.

If you find yourself in a similar difficult situation, or if you are thinking of filing for divorce, The Crosby Law Firm can help.  Call today and schedule a free consultation with one of our divorce and family law attorneys who concentrate on helping you get through the difficult times life brings.



The Crosby Law Firm is a general practice law firm dedicated to solving your problems.  Whether you are struggling with a Divorce or family law issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Northern Illinois Mourns the Loss of Local Soldier to Aurora, Colorado Shooting

The shooting in Aurora, Colorado shook this great nation, and the quake is being felt everywhere, including Northern Illinois. This tragic event took the life of Twenty-seven year old John Thomas Larimer this past Friday. John was a life long resident of Crystal Lake, Illinois who had left only to serve his country in the Navy as his family has for four generations. John was a Petty Officer 3rd Class and worked as a cryptologic technician at Buckley Airforce Base in Aurora. John went to the University of Wisconsin Whitewater for college after graduating from Crystal Lake South High School in 2003. John will be remembered by Northern Illinois as a hero and a true American. John’s girlfriend Julia Vojtsek from Algonquin, Illinois was with John during the shooting and has released a statement saying that he shielded her when the shooting broke out, and that she feels strongly that his last act of kindness saved her life.
The visitation will be Tomorrow July 27, 2012 from 3-9 p.m. at Davenport Family Funeral Home on 419 E. Terra Cotta Avenue in Crystal Lake, IL.

Will He Plead Insanity?: James Holmes Appears in Court for the first time after the Aurora Theatre Shooting

The tragedy in Aurora, Colorado this last Friday leaves a lot of legal questions unanswered. Everyone wants to know what will happen to James Holmes, the man accused of killing 12 people and wounding 58 others at a midnight showing of Batman: The Dark Knight Rises. On Monday Holmes was seen in court for the first time to be read his rights. Holmes will likely be represented by an assigned public defender this upcoming Monday when he is expected to be formally charged.

Onlookers, many of whom are families of the victims, said that Holmes looked dazed or drugged. He showed up to court unshaven and with bright orange hair, he did not move or speak. He just sat there as if not there at all. Many question if this will lead into an insanity plea? It is almost without doubt that Holmes will plead insanity, however, an insanity plea is a very difficult defense to win. Holmes’ attorney would have to show that Holmes is incapable of distinguishing right from wrong and that Holmes does not understand what he is being charged with. Historically this has been a very difficult criterion to meet and Holmes will likely not succeed. In Illinois, where there is a different standard than Colorado, we modeled our law off the Model Penal Code where the Burden to prove insanity is on Holmes’ attorney. In Colorado they use a test called the M’Naghten Rule coupled with the Irresistible Impulse Test so the burden to prove that Holmes is not insane is on the Colorado. Experts have criticized the Model Penal Code as being too narrow and the Irresistible Impulse Test as being too lenient, and easy to fake. Only time will tell what the court will determine about Holmes.

Law enforcement has said that Holmes refuses to cooperate. Making it very difficult to even speculate a motive for this horrific event. What we do know is that Holmes just completed his first year of a doctoral program for Neuroscience. The school will not release whether Holmes passed or not, but has released that Holmes dropped out. Holmes was refused admittance to a gun range just last month when the owner felt skeptical about Holmes. A pastor who has known Holmes since he was a child said that he was an introvert, that he did not start conversations with people, and that he had never seen him associating with children his own age. Holmes’ apartment had been covered with booby-traps, including explosives, trip wires, and unknown liquids. Experts say the door was rigged to cut in half the first person that entered. The reaction at the door would than trigger explosions and fires capable of consuming the entire building, and trapping the sleeping residents in their homes.

The prosecutor has suggested that the death penalty will be discussed for this case. This case will surely make history though, as one of the most tragic and unexpected events in American History. America will mourn the loss of so many, and hope for the recovery of even more.

Tragedy can strike at anytime, make sure you prepare so your family is taken care of and your children and assets go where you want them to go. Make sure you have a Will and Trust. The Crosby Law Firm wants to help assure you are prepared if the unthinkable happens.

The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

When Grandma is the Breadwinner

There has been a huge influx of grandparents and parents of adult children dipping into their own savings, or working into the later years of life, to help financially support their children and grandchildren. With the current state of the sinking economy, and unemployment through the roof, senior citizens are dipping into their retirement savings to help pay their kid’s and grandkid’s bills. Grandparents are becoming responsible for college tuition, or buying their grandchildren’s first car, because parents and kids simply cannot afford to. Parents are finding their adult children still living at home in there thirties and having to feed and clothe their unemployed twenty-five year olds. We are even seeing established families moving back in with mom and dad, after losing their jobs or their homes due to foreclosure.

It is great for grandma or grandpa to help out in this time of need. However, this in turn means many senior citizens cannot afford to retire, flooding the employment sector, so the younger generation cannot get jobs. For grandparents or parents that cannot work, but are dipping into their savings, this could mean that their financially strained family, who they were trying to help in the first place, will be left to front the cost of grandma and grandpa’s retirement in the years to come. Neither option is a good one but there are things you can do.

If you or your children find yourself in a situation like this you have options and Crosby Law Firm can help you choose the best ones. Call for a free consultation and talk to one of our lawyers who care about making your situation better.

The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Divorce More Difficult with Housing Crisis

Divorce is hard and the housing crisis is putting a giant burden on divorcing couples. In the current market, selling your home might mean taking a huge lose on the value of your home or, even worse, still owing money on your mortgage, and that is if you can sell your home at all, before it goes into foreclosure. This puts many divorcees in an even tougher situation. No one wants to sell their house for far less than what it is or should be worth, but many people do not or cannot live in their previous marital property after a divorce.

Traditionally there have been two options. First divorcees would buy their ex-spouse out and take the house, but now it is often difficult to refinance because of strict new regulations, and rarely do individuals have the money in savings or liquid assets to pay for the house outright, especially in the current economic recession.
The second option has been to sell the house and split the profit, but houses are not quickly selling, and even those that are selling go for dramatically less than what the house is worth. Since neither option is really an option today Rockford has many ex-spouses continuing to live together, or renting out their property, both of which inevitably prolong the relationship many so desperately want to end. We are even seeing spouses who want to divorce staying together because the housing market and their inability to split assets. This situation can lead to very uncomfortable living for everyone involved, and has been a cause for the increase in domestic violence, and emotional abuse Rockford is experiencing.

If you are thinking about divorce, being emotionally or physically abused or are having a hard time dividing marital assets there are options and The Crosby Law Firm can help advocate for you. Call for a free consultation with one of our lawyers who concentrates in divorce and family law, or foreclosures.

The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.

Winnebago County Bankruptcy and Foreclosures

As of July 2012, Winnebago County has suffered 601 bankruptcies and 361 foreclosures. Our country is in one of the worst economic times in our history, the effects of this recession can be felt all around the nation, and Winnebago County is no exception. In tough times such as these, the community could use an ally, that’s why we’re here. Our hard working and honest staff here at The Crosby Law Firm are people just like you, they understand what these hard times are like and want to service our community however they can. If you’re in financial trouble and you don’t know what to do, Stop Searching, We Can Help. 

If you are considering bankruptcy or your home is being foreclosed on, remember you’re not alone, we are people just like you, and we want to do what we can to help. Contact us today by visiting our website to schedule your Free Case Consultation or call us at 815-397-2006.

Remember, The Crosby Law Firm is a general practice law firm dedicated to solving your problem. Whether it be a Divorce, a Bankruptcy, a Personal Injury claim , representing defendants connected with a DUI/Traffic charge or other criminal allegation , or taking care of your Trust , Wills , or Probate , your case is important to us, and we will always help you to the best of our abilities.

DUI Checkpoint Clocks 19 Citations

The night of Friday July 6th and through the early morning on Saturday July 7th, Illinois State Police held a “safety check” on Harrison Avenue near Falund Street. The objective of this “safety check” was to detain drunk drivers, however, no DUIs’ were issued. Although there were no DUI arrests, there were 19 other citations given out. 6 of those were drug or alcohol related but not DUIs’. (WREX)

“Safety checks” or check points, are typically meant to locate and arrest drunk drivers, therefore it can safely be assumed that they will typically occur on Friday and Saturday nights. Check points like this one are also relatively common on major holidays where drinking is common, such as New Years.

The best way to avoid a DUI arrest from a “safety check” like this, is to simply not to drink and drive. However, if you have made that mistake, or if you have received any other citation at a “safety check” or elsewhere, you may find yourself seeking legal assistance. Stop Searching, We Can Help. Call us today at 815-397-2006, or visit our website to schedule your Free Case Consultation.

Remember, The Crosby Law Firm is a general practice law firm dedicated to solving your problem. Whether it be a Divorce, a Bankruptcy, a Personal Injury claim , representing defendants connected with a DUI/Traffic charge or other criminal allegation , or taking care of your Trust , Wills , or Probate , your case is important to us, and we will always help you to the best of our abilities.

Five Injured in Saturday Traffic Accident/Rockford Personal Injury and Traffic Attorney

Five people were injured Saturday in a traffic accident on Interstate 90. The accident happened shortly after 1 p.m. when an eastbound car swerved to avoid another vehicle, and spun out into a third. Once the two collided, they veered together into the median. The impact of the collision caused one of the vehicles to catch fire, severely burning one of its passengers. Responding police officers immediately called for a medical airlift to OSF Saint Anthony medical center for the burn victim. The four other passengers involved were all rushed to local hospitals by ambulance. Thankfully, no one was killed. (Rockford Register Star)

In the blink of an eye an accident like this could change your life forever. If you have ever been in a serious accident and think compensation is deserved, Stop Searching, We Can Help. After such a traumatic event, every little bit of compensation could help one achieve a sense of stability in their life. Contact The Crosby Law Firm, talk to an experienced attorney today to find out if you are eligible for compensation. Visit our website or call us at 815-397-2006 to schedule a Free Case Consultation.

Remember, The Crosby Law Firm is a general practice law firm dedicated to solving your problem. Whether it be a Divorce, a Bankruptcy, a Personal Injury claim , representing defendants connected with a DUI/Traffic charge or other criminal allegation , or taking care of your Trust , Wills , or Probate , your case is important to us, and we will always help you to the best of our abilities.

The Importance of Having a Will

If you are like most parents and spouses, one of your primary concerns is the financial well-being of your family. Imagine what those who are financially dependent on you would face in the advent of a fatal accident. In a time of emotional hardship that would surely follow, the last thing you would wish upon your loved ones would be financial concern. Establishing a proper and up to date Will can provide a sense financial security for your family and help ease your mind.

Remember, wills are not only important to those further along in their lives. Having a will is important for people of all ages. Establishing a will as a young person is just as important for yourself and for your family. A will does not only protect your family from financial hardships, but it also can be important for establishing custody. This is especially important if an unexpected death occurs while your children are still minors. By having a will made early on in life, you can be sure your children will be held by the arms you want around them when yours are no longer available. Establishing a will while you and your family are young is the best way to ensure a safe future and a future you approve of for your children.

Do not rely on the state to take care of your family the way they see fit in your absences. Take matters such as these into your own hands. Provide a well thought out and organized means of protection for those you love in the instance of a tragedy.

If something were to happen, do not allow those you love to be burdened by the financial troubles a simple Will could resolve. Visit The Crosby Law Firm and establish a Will to keep your family safe and your mind at ease. Stop Searching, We Can Help. Please, visit our website and schedule a Free Case Consultation, or call us at 815-397-2006.

Remember, The Crosby Law Firm is a general practice law firm dedicated to solving your problem. Whether it be a Divorce, a Bankruptcy, a Personal Injury claim , representing defendants connected with a DUI/Traffic charge or other criminal allegation , or taking care of your Trust , Wills , or Probate , your case is important to us, and we will always help you to the best of our abilities.

Chief Justice Roberts: The Swing Vote on Obamacare

June 28, 2012 will go down in the history of the United States of America as a benchmark for the Obama administration. Today will be known for the Supreme Court’s stamp of approval on Obamacare. On March 26th, 27th, and 28th, an oral argument was heard before the Supreme Court of The United States of America. The court allotted six hours for this argument, the most time given to an argument in front of the nations highest court in recent memory.

Obamacare, or the legal name, The Affordable Care Act as well as The Patient Protection Act were intended to increase the number of Americans covered by health insurance and to make health insurance more affordable. The notion behind this plan was that everyone should have “minimum essential” health insurance coverage, and those currently without insurance should now be required to obtain coverage. This act allows for anyone whose health insurance is not covered by the government (i.e. Military members, government employees, those receiving Medicare, and those receiving Medicaid) to purchase a coverage plan from a private insurance company. However, if one refuses to purchase a health care plan, then they would be subject to a penalty of a certain percent of their annual income.

The second part of the act was intended to put financial pressure on the individual states to advance their Medicaid policies to those that would be mandated by the federal government. If any state would refuse the new Medicaid policy, this new act would allow the federal government to rescind existing Medicaid finances as a disciplinary action toward the state. Basically the federal government, through this act, wanted to provide the states with Medicaid and in return ask that the states comply with its conditions.

After three months of deliberation, the court finally came back today and reported a ruling to partially uphold the act and to partially dismantle it. Or in the terms of the court, to partially affirm and partially reverse the law. Put simply, the court decided to uphold the mandate (which they slightly revised as to not call it a mandate by calling the penalty for not purchasing insurance a tax) and to disallow the expansion of Medicaid in the states, allowing the states to not refuse Medicaid extensive funding, thus allowing the states to refuse the conditions that would accompany the federal government’s Medicaid funding. In short, the court refused the part of the law that would force states to accept federal funding for Medicaid, saying, “Federal Government may not compel the States to enact or administer a federal regulatory program.”

The opinion was really divided into three components. Chief Justice John Roberts wrote the majority opinion. Justice Ginsburg wrote the concurring opinion representing her own opinion as well as the opinions of Justices, Sotomayor, Breyer, and Kagan. Then there was the dissenting opinion from Justices Scalia, Kennedy, Thomas, and Alito. This split the Courts opinion into a very rare four–to-four-to-one vote with Roberts representing the tipping point.

The George W Bush appointee, Chief Justice Roberts sided with the liberals on today’s decision, and although they agreed in general, the four liberals had a signicantly different outlook. Roberts wrote his opinion concluding that this act was not permissible by way of the Commerce Clause (a Clause in Article 1 of the U.S. Constitution allowing Congress to regulate commerce in between states), but rather by way of Congresses right to tax the public. Roberts’s opinion allowed for the individual mandate to no longer be called a mandate, but still to require individuals to either obtain health insurance or be subject to a tax. Roberts held that Article 1 of the Constitution gave Congress the right to uphold such a tax, a holding that some say will provide precedent for an expansion in the federal governments ability to tax.

In sum, the four dissenting conservative justices thought that the majority opinion would open a door for congress to impose taxes on anything it would feel the need to tax, for whatever reason it would want to -- that, just because Congress found it necessary to have health insurance, they have no right to impose a tax on anyone who might not see health insurance necessary. The conservatives basically dissented saying that it was not in their opinion that the government should be allowed to dictate the usage of an individuals’ finances.

The liberal justices saw health insurance as a commodity that could be subject to Congressional regulation based on the Commerce Clause of the Constitution. They found if it was necessary for all people to be safeguarded by health insurance, then it was within the government’s realm of power to mandate an individuals’ purchasing of such a commodity.

Then the deciding factor, Chief Justice John Roberts, thought differently then the rest, and ultimately sided with the liberals, but did so in an unorthodox manner. In his majority opinion, Roberts wrote that the penalty was actually just a tax and that Congress had full Constitutional right to impose a tax to promote the general welfare. He also wrote that he did not believe Congress had the power to dictate purchasing of goods or services under the Commerce Clause and that its powers should be limited strictly to regulating commerce. In the end it was how Roberts wrote it. Congress cannot tell you that you have to buy anything at all, and no law can be made mandating any use of private finance. However, congress has full power to enact taxes, as well as the power to exempt from taxes. The law that will affect us all is basically this: if you choose to purchase your own health insurance, you will not be subject to this new tax. If you choose not to buy insurance, you will be subject to this new tax. This restricted Congress from mandating that anyone participate in any specific act of commerce, while still allowing for Congress to acquire the necessary funding to provide health care to all, by way of a legal tax, not a penalty.

This information comes from the Supreme Court decision for the case of: NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES

Locate the full opinion of the court at http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

Lawyers Seeing an Increase In Women Paying Child Support and Alimony

The popular narrative of family law for many years sounded like this: moms get the kids and dad's pay child support. Whether or not that narrative has any basis in reality, people often view things this way.

In reality more lawyers are seeing a reversal in the traditional roles of single moms and dads.  A survey done by the American Association of Matrimonial Lawyers found that 56% of attorney's have seen an increase in women paying child support. The same survey also showed that 47% percent of family law attorneys reporting seeing an increase in women paying alimony. 

The primary reason for the change is that more women are working and acting as breadwinners in their households. Also, more working women hold college degrees than their male counterparts. Child support tends to reflect how much each parent can afford to contribute to a child's care. It is no surprise that an increase in working women would lead to an increase in women paying child support. As Bob Dylan said "The Times they are a changing."

Do you need help with your child support case? The Crosby Law firm can make sure that your children are protected, and that your child support is fair. Call us today at (815) 397-2006 or go to our website for a free consultation.

Transportation Secretary Ray LaHood Calls for National Cell Phone Ban in Cars

Illinois native and Secretary of Transportation Ray Lahood thinks he has the answer to traffic fatalities; A national ban on cell phone use in automobiles.

When we talked about Illinois's proposed ban on cell phone use, we discussed how many would argue that such laws seem more like money-making enterprises than actual traffic-safety laws. Secretary LaHood seems to try to rebut the argument that restrictions on cell phone use are likely to be ineffective. The Secretary called for federal legislation to ban cell phone use in cars.

Interestingly, The Secretary's own statistics seem to betray him. His own National Highway Traffic Safety Administration (NHTSA) notes that about 5,474 fatalities each year "involved distracted driving', but only 995 of those are related to cell phone use. The NHTSA also has a funny definition of  "involved" when it comes to cell phone use as it considers a cell phone "involved" in fatal accident when a cell phone was "in the presence of the driver" at the time of the accident. This definition is similar to their definition of "alcohol-related" vehicle accidents, as in "alcohol-related" to the NTHS means that either a driver or a passenger had some blood alcohol content. Such a broad definition of "involved" when it comes to cell phones appears to conflict with Secretary LaHood's own definition when he say that police should have "the opportunity to write tickets when people...use a cell phone and text and drive". The Secretary's definition seems to imply active use of a cell phone only, but his own agency's definition is much more expansive.

If you look at the statistics for fatal crashes, only 3% "involve" cell phone use. For comparison, roughly 6% of fatal crashes involved drivers with a blood alcohol content (BAC) of .01-.07 (Which is below the legal limit in every state). Some would argue that if the secretary were really serious about reducing fatal car crashes he should advocate lowering the legal BAC limit to .00. Calling for banning cell phones also ignores that "distraction related traffic crashes" actually declined from 2004-2009 (From 1,303,000 in 2004 to 959,000 in 2009).

However, all of these statistics ignore that the majority of accidents occur to drivers that are not intoxicated nor are they distracted. Alcohol-related fatal car crashes have declined in proportion with the decline of all fatal auto accidents. Much of this decline is due to increased safety features in automobiles. One could argue that if  the Secretary really wants to reduce traffic fatalities, he should focus on increasing safety features in cars. That would be the surest way to decrease all traffic deaths.

Are you facing speeding tickets, moving violations, DUI/DWI, drivers’ licenses suspension, or a similar matter? The Crosby Law Firm offers flat fee pricing for most traffic matters. Click here or call 815-397-2006 to arrange for a free consultation today! 

The Return of Debtor's Prisons?

How do you go to jail for owing $280?



That is the question one Illinois resident wished she had the answer to before sheriff's deputies showed up at her house to arrest her.



Debtor's prisons used to be ubiquitous throughout the world. In centuries past people could be thrown in prison merely for not paying their debts. Imprisonment for debt was so common that nations such As Great Britain would ship people off to distant islands. Australia was originally a penal colony for debtors. Debt imprisonment was so common that even historical greats  like Charles Dickens and Robert E Lee spent time in debt prison.


We do not hear much about them, because debt prisons in most nations were abolished in the mid-19th century. But some states, including Illinois, allow individuals to be jailed for some procedural reasons connected with debt. Lisa Lindsay was jailed for failing to respond to court summons related to a lawsuit filed by a collection agent. Some legislators in Illinois are trying to stop what some would consider modern debt-imprisonment by enacting new legislation that would prevent you from going to jail merely because you owe money.

It is important to note, however, that this legislation may not become law. That is why if you have debt collectors calling you, you need someone who can help you understand your legal rights. There are laws that limit what debtors can say to you and when they can call you. Having an attorney on your side will help you to get those creditors off of your back.


If you are experiencing creditor harassment, are facing foreclosure, or if you have received a court summons call the Crosby Law Firm right now ( 815-397-2006 ). We want to help you get out from under the burden of debt and get back to normalcy. If you want to get more information about your specific situation use our free consultation center.

What Is a Transfer On Death Instrument (TODI), And Why Would I Need One?

We previously mentioned some new laws for 2012, but one that we didn't mention was the new Transfer on Death Instrument (TODI) that went into effect on Jan 1, 2012. The TODI isn't anything particularly revolutionary, but it is an important tool to consider in your Advanced Care/ Estate Plan.

What is a TODI?

The Transfer On Death Instrument is just one of the tools that allows you to pass on residential property at death. It is very much like a having a Payable on Death (POD) on your bank account, except the TODI is used to transfer residential real estate. In Illinois, the TODI can be used to transfer most pieces of residential real estate to another person upon death.

Why would I need a TODI?

The TODI is another option to use in your Advanced Care Planning. A TODI allows you to transfer real property, such as your home or vacation residence, outside of probate. Probate is a long and often costly process that many people wish to avoid. In Illinois if you own real property that is not transferred at death, you cannot avoid probate. A TODI can help you avoid this process by transferring the property and helping you avoid probate.


What is the difference between a TODI and regular deed?

The Main differences between a TODI and a deed are:

1. Effective Date- A Deed is effective as of the date listed on the deed, a TODI only takes effect at the death of the owner.
2. Requirements- Usually to make an inter vivos gift you would need to have notice and delivery of the instrument. A TODI does not require notice and delivery. However, a TODI does require that the beneficiary of a transfer accept the property that was given to them.
3. Consideration- Usually a deed requires some amount of money to be given for the transfer (i.e. consideration). On a deed this is usually a nominal sum like $10. But a TODI doesn't require any consideration, therefore nothing has to be exchanged

But remember, even thought notice and deliver are not required, you still must record the TODI with the county recorder before the death of the person granting the transfer.

Can I revoke the TODI later?


Yes! TODI's are revocable instruments, meaning that you can cancel them at any time. But to do so you will need to draft another TODI or some other instrument that specifically revokes the original TODI.

Can I get a TODI online?

A TODI is a legal document, like a deed, and you should have a lawyer draft it for you. There are very specific legal requirements for a TODI, for example, the TODI must give a legal description of the property to be transferred. There are other technical legal formalities with property transfers like the TODI that your attorney should discuss with you.

If you need a TODI or any other estate planning document prepared, you should call the Crosby Law Firm today at 815-397-2006 or click on our Free Consultation Center. We can provide you with a complete Advanced Care Planning solution.