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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November 17, 2013 | otmseo

The Right to Bear Arms and Illinois UUW Laws

Since the Illinois Supreme Court found certain provisions of the Illinois Unlawful Use of a Weapon statute unconstitutional I started reading “The Roberts Court, the Struggle for the Constitution” by Marcia Coyle.   The Second Amendment, which is part of the first ten amendments to the Constitution, is known as the Bill of Rights.  The […]

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November 5, 2013 | otmseo

UUW Charges and Chicago Police Street Stops

What has the new Illinois gun law really changed for people facing gun charges?  Not much.  A few weeks ago, the Illinois Supreme Court found a specific section of the Illinois Unlawful use of a Weapon statute unconstitutional.  720 ILCS 5/24-1.6 In People v. Aguilar, Docket # 112116,  the Illinois Supreme Court found  a section […]

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October 17, 2013 | otmseo

Is being Too Drunk a Defense to a DUI in Illinois?

Not in Illinois.  In Illinois for a person to be found guilty of DUI all the state needs to prove are the following: 1.  That the defendant drove, or was in actual physical control of a vehicle; and 2.  That at the time the defendant drove or was in actual physical control of a vehicle, […]

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May 12, 2013 | otmseo

Websites lawyers love (and you will too) – ABA Journal

The always crowd-pleasing session “60 Sites in 60 Minutes” closed the ABA Techshow Saturday as speakers Britt Lorish, Eric Mazzone, Lincoln Mead and Mark Rosch shared their top websites for lawyers. A few of our favorite sites include: • Viivo and Sookasa: If you share and store documents in the cloud-based storage system Dropbox, then […]

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May 11, 2013 | otmseo

Drug dog sniff outside home is search, SCOTUS says; Scalia opinion relies on curtilage concept – ABA Journal

The U.S. Supreme Court has ruled that police conducted a search within the meaning of the Fourth Amendment when they used a police dog to sniff for drugs on the porch of a home. Conservative Justices Antonin Scalia and Clarence Thomas joined with three of the court’s liberals to form a majority. The case is […]

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February 7, 2013 | otmseo

Floyd Landis vs Lance Armstrong False Claims Case

The False Claims Act case against Lance Armstrong is the focus of an article in the Chicago Daily Law Bulletin with numerous quotes from Chicago False Claims Act attorney Michael C. Rosenblat.

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January 15, 2013 | otmseo

Lance Armstrong sued under False Claims Act

According to an article in today’s WSJ Floyd Landis filed a suit against Armstrong alleging he violated the FCA by defrauding the US Postal Service

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