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No Fence Neighborhoods. Know Before You Buy.

 Posted on December 21, 2017 in Uncategorized

“Why can’t I have a fence around my property? The village said it is OK!”

As a real estate attorney for over 13 years, this has been the question I have been asked more than any other question in my career. I am always asked this question after a purchase has closed, and the new homeowner was not advised of the fence prohibition prior to closing. Occasionally my assistance is requested after the homeowner has installed a fence and the association is now attempting to enforce the "no fence" restriction after years have passed and many fences have been installed throughout the subdivision. Unfortunately my answer usually confirms that fences are not legally allowed, and if a fence has been installed where fences are prohibited, a law suit against the homeowner to remove it would be successful. To make matters worse, to fight it and defend the law suit to remove a fence may mean paying the legal fees for both parties if you lose.

Generally, when you purchase a property, it is yours, and you may use it as you please, subject to applicable legal restrictions. Most people are aware of applicable federal, state and local (city or village) statutes as setting forth those legal restrictions. There is one other major source of legal restrictions, however, and those are private restrictive covenants. Often there is a separate document providing the restrictive covenants for a whole neighborhood, but private restrictions may be in a deed for the benefit of only one other owner. Typically these legal restrictions are not only enforceable in court, they are enforceable by specific performance, meaning a judge can order compliance and order an owner to remove a fence that violates applicable covenants.

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What Are The Most Common Traffic Violations

 Posted on December 20, 2017 in Uncategorized

Traffic violations Traffic violations are a common reason for getting pulled over by the police. In fact, most drivers have been pulled over at least once in their lives. It can be easy for us as drivers to be comfortable bending the rules a bit and many drivers admit to practicing dangerous behaviors on the road once in a while. Sometimes, drivers may even view traffic laws as suggestions more than hard and fast rules.Most of us have had the experience while driving of suddenly seeing flashing lights behind us.

A traffic ticket, however, can be expensive, and too many too quickly can lead to the suspension of your driving privileges. Some of the most common traffic violations include:

  • Speeding: Almost all drivers admit to driving at a speed above the posted speed limit at some point in their lives. In a recent survey, 89 percent of drivers reported that they have driven faster than the speed limit allowed. About 40 percent of drivers admitted that they have driven more than 20 miles per hour over the speed limit. If you are caught speeding, you may only receive a warning or you may receive a ticket and associated fine. You may also receive points on your driving record which can accumulate and result in more serious consequences.

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The Illinois TRUST Act Protects Immigrants Who Interact With Police

 Posted on December 19, 2017 in Uncategorized

While city and state officials across the country work to create laws aimed at helping undocumented immigrants remain in the United States, the State of Illinois passed legislation aimed at easing fears of deportation for illegal immigrants arrested locally. Although they may still need to appear in court for traffic violations or other minor offenses , the threat of detention, deportation, or even questioning of their immigration status is no longer something immigrants need fear during interactions with police.

A Simple Traffic Stop No Longer Leads to Deportation

The new Illinois law signed by Governor Bruce Rauner this past summer makes it illegal for law enforcement officers to detain individuals for federal agencies, such as the Immigration and Customs Enforcement (ICE). It is believed that this will empower those who once feared deportation to feel more comfortable when reporting crimes or interacting with police.

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Illinois Juvenile Correctional Facilities Undergoing Reforms

 Posted on December 14, 2017 in Uncategorized

Young people often make poor decisions, and this can result in them running afoul of law enforcement. In a worst-case scenario, a juvenile offender must serve time one of Illinois’ five juvenile detention facilities, and this experience is likely to have a major impact on the rest of their lives. Lately, however, state officials have begun studying certain policies and procedures within juvenile corrections housing in an effort to make the system more rehabilitative and reduce recidivism.

Less Solitary Confinement

For those juvenile offenders who find themselves remanded to one of Illinois’ juvenile correctional facilities, it is important to remember that rules and regulations exist in an effort to help each individual adjust to the environment. However, incidents of detainees committing violations, and even assaults on facility employees in some cases, frequently resulted in segregation or worse.

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Chicago Police Receive Body Cameras

 Posted on December 13, 2017 in Uncategorized

The Chicago Police Department has been under intense scrutiny for decades. During the 1968 Democratic National Convention Chicago Mayor Richard J. Daley and the Chicago Police Department were accused of treating Vietnam war protesters inhumanely and using excessive force to control them. Time Magazine said of the several-day event, “With billy clubs, tear gas and Mace, the blue-shirted, blue-helmeted cops violated the civil rights of countless innocent citizens and contravened every accepted code of professional police discipline.”

In 1999, two unarmed motorists—Northwestern University football player Robert Russ and 26-year-old LaTanya Haggerty—were both fatally shot by the Chicago Police. Many accused of the Chicago Police Department of racism and shooting the young individuals unnecessarily. Haggerty was shot when an officer mistook a shiny object in Haggerty's hand for a weapon. Both shootings resulted in lawsuits and Haggerty's family reached an unprecedented $18 million settlement with the city of Chicago.

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What Business Owners Need to Know About a Triple Net Lease

 Posted on December 12, 2017 in Uncategorized

In the commercial real estate world, the triple net lease is a common type of agreement between landlords and tenants, especially for retail and multi-tenant industrial properties. In a triple net lease, most of the expenses related to the operation of the property are the responsibility of the tenant.

The following are some things to keep in mind when it comes to a commercial triple net lease:

  • In a triple net lease, fixed rent is often lower. Potential tenants may prefer a triple net lease if the building they are interested in is new, since in addition to lower rent, the cost of expenses will also be less.
  • While triple net leases may have some advantages, they are often not favorable to tenants. This is because tenants do not have control over any potential increases in expenses. Therefore, it can be difficult for them to budget and plan for future costs. In a triple net lease, tenants must practice precaution and budget wisely, especially if they are using an older property. Tenants are likely to spend more in operating costs in older buildings, because the structure may need to be renovated.

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What You Should Know About Underage Drinking This Holiday Season

 Posted on December 11, 2017 in Uncategorized

For many, this holiday season is filled with family gatherings, workplace parties, and casual get-togethers with friends. Many of these events will include the consumption of alcohol for those aged 21 or above. In Illinois, it is illegal for anyone under 21 to drink alcohol. Drinking under 21 is a Class A misdemeanor and is punishable by a $1,000 fine and one year in jail. All 50 states prohibit the sale of alcohol to those under the legal drinking age, but it is also illegal to simply give those under age 21 alcohol, even if no money is involved. In fact, a person of drinking age does not have to physically hand alcohol to an underage person to be committing a crime. Passively allowing underage people access to one’s alcohol can also be punishable.

For those in Illinois, knowingly providing alcohol to underage persons can result in a $500 minimum fine with a maximum $2,500 fine and up to one year in jail. If the underage drinker is seriously injured or dies as a result of drinking, the responsible party can be subject to a Class 4 felony. The punishment for this can include fines up to $25,000 and up to three years in prison.

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Employee Theft During the Holidays

 Posted on December 11, 2017 in Uncategorized

During the holiday shopping season, the stores are filled with people looking for gifts and spending plenty of money. However, this is also the time of year when store owners must deal with more incidents of retail theft committed by their own employees.

Loss Prevention Efforts

Reports indicate that many large retailers have cut back on some security measures, making things more difficult for their Loss Prevention staff. This seems to be a result of cost-cutting efforts being made to offset the fragile financial nature of the retail business. Here are few variables that may have an impact on the rise of employee retail theft during the holidays:

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The Importance of “Innocent Until Proven Guilty”

 Posted on December 07, 2017 in Uncategorized

The presumption of innocence is one of the most sacred principles in the American criminal justice system. The concept of “innocent until proven guilty” means that a suspect—a person accused of a crime —is presumed to be innocent until he or she has been found guilty of the crime by a court with appropriate jurisdiction. The prosecution must prove beyond a reasonable doubt that the suspect did, in fact, break the law.

The Fifth Amendment to the U.S. Constitution assures citizens that no one shall be "deprived of life, liberty, or property without due process of law." The Fourteenth Amendment applies this principle to all of the U.S states. Assuming that a defendant is innocent until proven guilty is a substantial element of due process.

Due Process

Due process refers to the legal procedure in which a suspect of a crime is either found guilty or not guilty. No one should be assumed to be guilty just because they were accused of a crime. Interestingly, “due process” is the only dictum that appears in the Constitution twice. This is because due process is vitally important to protecting our rights as citizens. If we did not have a guarantee of due process in the Constitution, the protections that are specified in the Bill of Rights would be meaningless.

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Avoiding Weapons Charges Through Responsible Gun Ownership

 Posted on December 06, 2017 in Uncategorized

We frequently use this space to discuss the various nuances of gun laws in Illinois. On more than one occasion, we have presented information pertaining to the incidents of criminal gun violence in the state, the requirements for obtaining a Firearm Owners Identification Card (FOID), and even the procedure for obtaining a Concealed Carry Permit. However, even those who follow proper procedures and obtain firearms legally are subject to criminal gun charges and prosecution for irresponsible handling and accidental discharge of a firearm.

Do Accidents Happen?

Even the safest and most law-abiding and well-intentioned gun owner can end up defending himself against some type of weapons charge. However, what happens most frequently is that a gun owner acting irresponsibly fires their weapon and draws the attention of law enforcement officials. While the right to keep and bear arms is guaranteed by the U.S. Constitution, and laws exist in Illinois to enable lawful ownership of guns, public safety is an overriding concern.

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