May 10, 2014 | otmseo

Illinois Sentencing Serving 85%

 Chicago – Many client and their families want to know if they will have to serve 85% of their sentence to the Illinois Department of Corrections.  Here is the rule from 730 ILCS 5/3-6-3 A prisoner serving a sentence for: attempt to commit terrorism attempt to commit first degree murder solicitation of murder solicitation of […]

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May 10, 2014 | otmseo

Court allows anonymous tip to justify stop – Denies Motion to Suppress Evidence

Chicago – The Supreme Court in the case of Narvarette v. California, 188 L.Ed. 2d 680, April 22, 2014, ruled that an anonymous report of a traffic violation justified the stop of a vehicle.  In this case, a five to four opinion, the majority opinion is written by Justice Thomas and the dissent by Justice […]

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April 21, 2014 | otmseo

Illinois Appellate Court Orders DNA Testing

Chicago – the Illinois Court of Appeals reversed and remanded a case in which the Cook County trial judge denied the defendant’s motion for DNA testing. On October 28, 1999, the victim was shot and killed by a male wearing a gray sweatshirt. Later that day the Chicago police found a man sitting on a […]

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March 8, 2014 | otmseo

Remaining Silent Can Be Used Against You

It is common for criminal defense attorneys  in Chicago and elsewhere to advise their clients to remain silent and refuse to make any statements whenever they are being questioned by law enforcement.  But recently, the United States Supreme Court held in Salinas v. Texas, 570 U.S. ____, 133 S.Ct. 2174 (2013), that if a client/witness remains […]

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February 3, 2014 | otmseo

Why I am a False Claims Act Lawyer

Chicago: Every once in a while, I ask myself why am I a False Claims Act lawyer.  False Claims Act cases are difficult to win, partly because the government only intervenes in a small percentage of the qui tam cases filed, leaving the majority of cases to be litigated by the whistleblower and his or […]

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January 29, 2014 | otmseo

Probation and Supervised Release Revocation Hearings and Hearsay

Chicago – the Seventh Circuit Court of Appeals Addresses Probation and Supervised Release Revocation Hearings and Hearsay Defendant Keith D. Jordan, United States v. Jordan, (No. 13-1488 January 28, 2014) was sentenced to federal prison, released and began serving his three years of supervised release on June 28, 2011.  The conditions of his supervised release […]

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January 21, 2014 | otmseo

Health Care Fraud Recoveries on the Rise

The United States Government recovered $4.9 billion in fiscal year 2012 and total of almost $39 billion in qui tam and non-qui tam false claims act cases since October 1, 1987.  These recoveries are part of the Government’s focus on eliminating fraud, waste, and abuse and are in part a direct result of the use […]

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December 20, 2013 | otmseo

Chicago Cook County Court Finds Aggravated Unlawful Use of a Weapon Statue Violates the Proportionate Penalties Clause of the Illinois Constitution

A Circuit Court Judge dismissed all remaining charges against a defendant after the Court ruled that the Aggravated Unlawful Use of a Weapon statute violated the proportionate penalties clause of the Illinois Constitution.  The defendant was arrested for possessing a loaded firearm with in a vehicle that was on a public street and was charged […]

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December 6, 2013 | otmseo

Illinois Concealed Carry License Applications open 1/5/2014

Starting January 5, 2014, the Illinois State Police will be issuing applications for Illinois residents to obtain a concealed carry gun license. These licenses will be issued by the State Police. If you want to apply for a concealed carry license, you must have a valid firearm owner’s identification card (FOID), must be at least […]

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December 3, 2013 | otmseo

Illinois Secretary of State to issue temporary driver’s licenses to illegal immigrants

The Illinois vehicle code has been amended effective November 28, 2013 to permit the Illinois Secretary of State to issue temporary driver’s licenses to illegal immigrants.  625 ILCS 5/6-105.1.  In order to receive or be issued a temporary driver’s license the person applying must have lived in Illinois for more than a year, be ineligible […]

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