Latest from Appelman Law Blog - Page 3

IL defense lawyerCriminal background checks are now routinely used to screen job applicants, enrollees in colleges and universities, and for housing. Unfortunately, these criminal background checks can create a barrier to housing access, even when the charges are dismissed or the individual has paid the penalties for a conviction. This can make it difficult for those with a criminal history to obtain housing, which in turn contributes to increased rates of recidivism.  
The U.S. Department of Housing and Urban Development (HUD) released “guidance” for housing providers in 2016, cautioning against illegal discrimination for those with criminal histories, revisiting the issue
Continue Reading Can Landlords Deny Housing to Those with a Criminal Conviction?

DuPage County, IL criminal defense lawyerWhen people think about drug possession, they usually imagine someone carrying an illegal substance in their bag or pocket. In Illinois, however, drug possession charges are not limited to cases where a drug is found on a person. Law enforcement can also arrest someone for constructive drug possession, which is a much broader form of the crime. Illinois treats any kind of illegal drug possession harshly with heavy fines and lengthy prison terms. If you or someone you know is facing drug possession charges, reach out to an Illinois criminal defense attorney who will investigate your case and start
Continue Reading What Is Constructive Possession in Illinois Drug Cases?

Naperville, IL Civil Litigation LawyerA comfortable and peaceful environment is essential to managing a residential property. A pleasant environment attracts tenants, helps keep them satisfied with the living space, and maintains harmony with neighbors. When a tenant disturbs the peace, however, it can ruin the environment for others, cause complaints, and even result in other tenants abandoning their leases.
If you want to evict a tenant for disorderly conduct, it is important to first understand what that means and what legal steps you need to follow. Speak with an Illinois civil litigation attorney to learn your legal options and how to proceed with an
Continue Reading Can I Evict a Tenant for Disorderly Conduct in Illinois?

DuPage County, IL Drug Crime Defense LawyerRecently, a 41-year-old DuPage County man pled guilty to Class X felony drug possession of methamphetamine, between 100 and 400 grams. The man was a passenger in a car that was pulled over during a traffic stop. During the traffic stop, police searched the vehicle and found a suitcase with 226 grams of methamphetamine and 16 grams of cocaine. Due to the volume of methamphetamine and the fact that the cocaine was in three separate packages, the man was initially charged with drug trafficking.
Trafficking charges were dropped during a plea agreement, and the sentence was eight years in the
Continue Reading DuPage County Man Pleads Guilty to Felony Drug Possession

DuPage County, IL landlord representation lawyerIt can be difficult for landlords to keep up with the changing laws regarding best practices for screening tenant applicants and what is not allowed during the process. Screening prospective tenants is extremely important to ensure the selected tenants are reliable and responsible and to prevent tenant evictions.
There is more involved in tenant screening than a simple background check. Tenant screening involves many legal factors that are designed to protect prospective tenants as well as landlords. A landlord must understand local ordinances and fair housing laws and keep up with and understand any recent legislative changes. Speaking to
Continue Reading What IL Landlords Can and Can Not Do When Screening Tenants

Naperville, IL assault defense lawyerDespite city-wide efforts and millions of dollars spent by the city of Chicago to reduce crime and violence, recent data shows violent crime cases are at a five-year high. Violent crimes overall appear to have jumped by about 7.2 percent. Robberies are at the top of the list in the increase in violent crimes. On the other hand, homicide rates in the city (which saw a decline in the city in 2022 and fell again in 2023), are currently lower at this point in 2024 as compared to 2023. State Rep. John Cabello asserts rising violent crimes in Chicago
Continue Reading Why Are Chicago Violent Crimes at a 5-Year High?

DuPage County, IL criminal defense attorneyAn Arlington Heights, IL school nurse is facing six felony charges and seven misdemeanor charges. The allegations are that the nurse misused prescription drugs belonging to a student, triggering one count of official misconduct, five counts of forgery, and seven counts of endangering the life or health of a child.
The details remain sketchy right now, and it is easy to jump to conclusions when an individual has been charged with any type of harm to a child. Unfortunately, it is all too common for those charged with such crimes to be found guilty in the court of public opinion
Continue Reading Arlington Heights School Nurse Faces Felony Charges

IL landlord lawyerGovernor JB Pritzker recently signed an Illinois bill prohibiting landlords from retaliating against tenants in the form of landlord evictions. Landlords may not terminate a lease, increase the monthly rent, threaten a lawsuit, or decrease tenants’ services only because the tenant complained.  A landlord may also not refuse to renew a lease after a tenant complains about a code violation or takes the issue to his or her elected leaders.
Although the goal of the new law – which goes into effect on January 1 – is meant to ensure rentals are properly maintained, it may end up having
Continue Reading New Law Prohibits Landlords from Retaliating Against Tenants

IL defense lawyerA new law in Illinois (Public Act 103-0330) went into effect on January 1, 2024, altering the Illinois Unified Code of Corrections. Under this law, the Department of Corrections must recalculate prisoner sentencing credits awarded prior to July 1, 2021 (Certain violent crimes are excluded under the Act). The credits for completion of eligible educational programs, work-release programs, substance abuse programs, and correctional industry assignments could potentially knock months or years off a sentence.
A criminal defense attorney from Appelman Law LLC can help those entitled to a recalculation of sentencing credits who have yet to receive
Continue Reading Poor Implementation of New Illinois Law Leaves Many Locked Up

IL defense lawyerThe first device meant to provide a visual indication of intoxication levels was introduced in 1954 and was called the “Drunkometer.” Since then, breathalyzer technology has made significant advancements, making the devices quicker, more user-friendly, and generally more accurate. Even so, these devices still have a margin of error that, in some cases, can result in a person who is not impaired being convicted of DUI.
An individual’s lung capacity, body temperature, and rate of alcohol metabolism can impact the concentration of alcohol in the breath. Add to that the timing of the test, as testing too
Continue Reading What Can Raise Your Blood Alcohol Level Besides Alcohol?

Blog ImageEvictions might seem like a very straightforward legal process. You tell the court that your tenant has stopped paying rent, has an unauthorized pet, or is disturbing the neighbors, and the court signs off on having the county sheriff evict him – or so you would think. However, evictions can become much more complicated than that. Your tenant might deny your accusations or get his own lawyer to help him resist the eviction or make counterclaims. If your eviction proceeding gets messy, it is best for you to be already represented by a well-qualified DuPage County landlord evictions attorney.
Continue Reading Why You Need a Lawyer to Evict a Tenant

IL defense lawyerPrescription drug abuse has become a serious concern in the United States, and Illinois is no exception. The distribution of prescription drugs without proper authorization can lead to criminal charges and serious penalties. Understanding the laws surrounding prescription drug distribution and the circumstances under which doctors, pharmacists, or patients may face drug charges is crucial for anyone who has been accused of these offenses. An experienced attorney can help determine the best defense strategies to use in these situations. At Appelman Law LLC, we can provide effective legal representation while protecting the rights of people facing accusations of distributing prescription
Continue Reading Can I Face Criminal Charges for Distributing Prescription Drugs?

IL eviction lawyerAs a landlord, you might have to make some tough decisions about when to excuse a tenant’s misconduct and when to evict him for breaking the terms of his lease. One of the grounds for eviction in Illinois is creating a disturbance that interferes with the neighbors’ right to quiet enjoyment of their homes. In fact, if you fail to evict a tenant who routinely disturbs the peace, your other tenants could break their leases early and move out to escape the disruption. You will need evidence of the disruptive tenant’s behavior to show the court. A Naperville, IL landlord
Continue Reading When Can I Evict a Tenant for Disturbing the Neighbors?

IL defense lawyerIf you can show that you were acting in reasonable self-defense, your domestic violence charge can be dismissed, or you could be found not guilty at trial. It is very, very common for people to get arrested for domestic violence after defending themselves against an abusive partner. Many domestic abusers are quite skilled liars and very good at manipulating the situation to make it appear as though they are the victims. A spouse or romantic partner who has complete control over his or her victim may be completely calm when the police arrive while the actual victim is in a
Continue Reading Domestic Violence and Self-Defense

IL real estate lawyerEmotional support animals are a relatively new phenomenon. ESAs are not service animals and do not have the same set of rights. In general, if your tenant has a qualified emotional support animal, you must allow the animal to live with the tenant. However, you can request documentation proving that your tenant has a legitimate need for the animal as verified by his or her mental health provider. You are also only required to make reasonable accommodations to allow the ESA to live on your property, meaning that if the animal is causing significant problems, you may be able to
Continue Reading Your Property and Your Tenants' Emotional Support Animal – Part 1

IL DUI lawyerField sobriety tests can be unreliable. Anything from the shoes a person is wearing to the weather conditions on the side of the road can cause a person who is sober to appear intoxicated. People who have certain medical conditions might appear intoxicated during field sobriety tests when they are not. Unfortunately, police officers do not often listen to the person they have pulled over when he or she tries to explain how his or her medical condition might influence the results of the test. This can lead to needless DUI arrests. A Naperville, IL criminal defense attorney can take
Continue Reading Medical Conditions and False Positive Field Sobriety Tests