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Recent Blog Posts
What Business Owners Need to Know About a Triple Net Lease
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.
What You Should Know About Underage Drinking This Holiday Season
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.
Employee Theft During the Holidays
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:
The Importance of “Innocent Until Proven Guilty”
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.
Avoiding Weapons Charges Through Responsible Gun Ownership
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.
Crime Increased Nationally in Big Cities
Despite new laws to combat crime and the introduction of after school programs and efforts by community leaders to draw awareness to the needs of vulnerable neighborhoods, recent statistics released by the Federal Bureau of Investigations indicated an increase of crime in the country’s biggest cities. Between 2015 and 2016, the percentage of violent crimes increased, while property crimes decreased.
Upward Trend Noticed Most in Metro Areas
Every year, the FBI releases a report that details crimes committed throughout the United States over the previous 12-month period. In addition to citing specific numbers, the FBI compares each year’s totals to the previous year in an effort to gain some perspective on crime trends. Notable trends in this year’s report include:
When Does a Traffic Stop End and a Criminal Investigation Begin?
Most drivers have been pulled over for a traffic violation at some point in their lives, and they have a pretty good idea of how most such stops go. The officer pulls the driver over, approaches the car, asks for the driver’s license and registration, and addresses the alleged offense. Depending on the circumstances, the officer may issue a citation or a warning, and the driver is usually free to go.
In some cases, however, what begins as a traffic stop evolves into an investigation regarding unrelated criminal activity, such as the possession of illegal drugs or possession with intent to deliver. But when does a traffic stop transform into something more? Can the police arbitrarily start looking for other reasons to arrest a driver who was initially pulled over for a minor traffic infraction? The United States Supreme Court addressed these questions in a ruling in 2015.
The Case in Question
In Rodriguez v. United States two years ago, the nation’s high court was asked to rule on whether the police could prolong a traffic stop without reasonable suspicion of an additional crime. The case in question involved a Nebraska man who was stopped for erratic driving by a police K-9 unit. The officer conducted the stop and issued a written warning but did not allow the man to leave immediately. Instead, the officer waited eight minutes for backup then allowed his dog to sniff around the man’s vehicle. The dog alerted the officer to the presence of methamphetamines and the driver was arrested.
Communities Are Taking Part in the Fight Against Opioid Abuse
We frequently use this space to provide information about drug offenses, marijuana laws, and the consequences of violating state and federal drug laws. However, it is important to recognize the effects that illegal drugs have on people who use them. In recent years, law enforcement, with help from lawmakers and community activists, have stepped up efforts to remove opioids from the streets in an attempt to reduce overdose deaths.
Prescription Drug Collections
Several years ago, municipalities in the Will County area began offering their residents the opportunity to safely dispose of old, expired, and extra medications that cluttered their medicine cabinets. Prior to then, it was not uncommon for medications to end up in landfills or in the local water supply after being flushed down the toilet. The programs have grown to offer residents a number of locations for safely disposing of unused drugs, including:
Former Chicago Police Officer Sentenced in Shooting of Teens
Police violence has become an extremely hot-button topic in recent years, with new examples seeming to make headlines on a regular basis. The issue has been further publicized by the protests during the national anthem by various professional athletes across the country. Advocates for reform maintain that police officers are often granted near-complete immunity from prosecution and bear little to no responsibility for their violent actions. Such was not the case, however, in an Illinois federal courtroom this week as a former member of the Chicago Police Department was sentenced to prison for an on-duty shooting.
Stolen Car Full of Teens
The shooting took place at 95th and LaSalle on Chicago’s South Side in December of 2013. According to court documents, the officer, now 42, arrived on the scene where a stolen Toyota was found packed with at least six teens. In the chaos, the driver of the car fled, and a BB gun fell out of the vehicle. One of the youths in the back seat leaned forward, put the car in reverse, and lunged to push the accelerator with his hands. Reports indicate that there nobody in the expected path of the car.
What Is a Pedestrian E-Device Law?
If someone asked if you knew what constituted an “E-device law,” one common answer might involve a discussion of an Illinois statute that requires drivers to use a cell phone only through use of a hands-free program. However, a growing number of cities throughout the United States are expanding these laws to pedestrians as well as drivers by making it illegal for pedestrians to cross the street while looking at the screen of their cell phone, tablet, or other electronic device.
Helping Keep Pedestrians Safe
Over the past few years, more municipalities across the country, as well as around the world, are taking steps to protect pedestrians who become distracted by their handheld electronic devices. Most recently, Honolulu, Hawaii became the largest U.S. city to pass such a law.
