Parole Violation seen in Facebook Photos

Thursday, June 4th, 2009

To a lot of college students, posting their pictures on Facebook while partying and drinking with friends may not be a big deal. However, those pictures bore serious consequences for a woman in Campton Hills charged with a DUI-related fatal crash.

The 20-year-old Erika Scoliere was outfitted with alcohol-monitoring ankle bracelet under a Kane County judge’s orders. According to a police report, officers found online photos of Scoliere on Facebook consuming alcohol.

The woman was charged with aggravated DUI and reckless homicide after a collision in South Elgin on July 2007 that killed a motorcyclist. She’s awaiting trial but the condition of her bail is to refrain from consuming alcohol or even be at the presence of people who are drinking. Unfortunately, the South Elgin police found her online photos drinking with friends who attend college in Ohio.

“The defendant appeared to be having good time drinking tequila,” says Judge Thomas Mueller during a court hearing on Wednesday as he leafed through the picture copies. As a result, Atty. Steve Sims (Assistant State Attorney) argued that Scoliere put on an ankle monitor since she has violated her bail.

“Secure Continues Remote Alcohol Monitor” or SCRAM detects alcohol through perspiration and then alert authorities. Scoliere will wear the device and be charged with $15 a day for it.

Tags: attorney, Atty. Steve Sims, Campton Hills, defendant, dui, Erika Scoliere, Facebook, Judge Thomas Mueller, Kane County, SCRAM, South Elgin
Posted in Latest Legal News, dui, dui attorney | No Comments »

Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
Posted in Divorce, Divorce Law, Divorce Lawyer | No Comments »

Qualifying Expert Witnesses in a Personal Injury Case

Saturday, May 16th, 2009

Doctors or any other specialized medical professionals testifying in behalf of the defendant or plaintiff are called expert witnesses. Most state laws require that both the defendant and plaintiff appoint their own expert witnesses to testify in a case.

Expert witnesses play a very critical role to prove that the injuries of the victim were caused by the defendant’s negligence or actions. This is especially true in personal injury cases, particularly in a medical malpractice lawsuit.

The burden of proof falls on the plaintiff in these types of cases. This means that you have to show satisfactory evidence that the wrongful conduct or negligence of the defendant directly resulted in the injuries you sustained. Therefore, the testimony of an expert witness is vital and necessary.
For example, the doctor who treated your injuries needs to testify in court to relay the details of treatment, as well as the medical costs involved.

If you want to pursue a claim for personal injury, it’s essential for you to seek the advice of experienced injury attorneys. They can maximize your interests and protect your legal rights. In addition, they can advise you on the quality of expert witnesses you can use for your case.

Tags: defendant, expert witnesses, injuries, Injury, injury attorneys, negligence, plaintiff
Posted in Injury, Medical Malpractice, Personal Injury | No Comments »

Plea Bargain Possible for Serious Theft Offense

Friday, May 8th, 2009

A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?

If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.

The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.

Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.

Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
Posted in Criminal, Theft | No Comments »