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