LAW REVIEW

Zedrick Braden of Ainsworth & Associates PC

Over twenty-six years of experience in the practice of law!!

Continuing the legal fight for justice.

The Law At A Glance

If you have suffered personal injury, it is important to take immediate legal action in the form of a lawsuit, if you can prove damages. If you wait too long, your claim may be barred by the applicable statute of limitations. Consult a lawyer immediately, if you suffer personal injury.

WHAT'S NEXT FOR THE DEFENDANT, AFTER A FINDING OF NOT GUILTY ............ In Illinois when someone is found innocent of a crime, they should immediately take steps to have their file sealed and the arrest expunged from their record. This is very important because employers search to determine whether a prospective employee seeking a job has been arrested. We recently obtained a record expungement for one of our clients.

It's smart to have an attorney assist with this process.

OUR REVIEW OF THE LAW AND RECENT NEWS

READ A CONTRACT, BEFORE YOU SIGN.... A contract legally binds a person to perform according to the terms of the contract. Many business disputes involve contract provisions that were misunderstood by one of both parties. It is extremely important to understand each and every paragraph of a contract and to know what state law applies in the event of a dispute. Remember, in order for a contract to be binding there must be (1) consideration, (2) a meeting of the minds of all parties to the contract, and (3) business that is legally acceptable. In the event of a dispute either party can file a lawsuit for measurable damages. Have a lawyer review a contract before you sign.

SECOND SELF DEFENSE VICTORY ......We at Ainsworth & Associates PC are happy to announce that we were again successful for the second time in asserting self defense in a criminal case at the Markham, Illinois Courthouse. Our client was charged with several counts of attempted murder and aggravated battery while attempting to protect himself and a relative. This is proof that the right to self defense is still recognized in Illinois. What was unusual about this case is that a prosecutor who came to the police station when my client was arrested apparently persuaded my client to sign a statement that the prosecutor had prepared in the presence of a police officer. This should not happen. A person has a right to remain silent and speak to an attorney. This incident happened in the home of my client's grandmother. We began our closing argument by giving the law dictionary definition of "home". We then recited the statutory provisions for defense of one's dwelling in Illinois and continued with my argument that this was a case about a home invasion by the complaining witness who admitted that he had had several beers and "reefer" when he came into the residence uninvited. Our client had been jailed for over two years and now he is a free man and can pursue his dreams. This was a very satisfying victory. Our fight for justice and freedom continues!!

READ THE FINE PRINT CAREFULLY, AND HAVE PROFESSIONAL HELP ON YOUR SIDE..... Today, more than ever, it is extremely important to read the fine print carefully in connection with any credit application, mortgage or note. In fact, we suggest that you always have a lawyer present when doing so. We live in a fast paced society and the public is constantly getting bombarded with offers to buy, buy and buy some more. That's why it's important to have a partner, your lawyer, with you as you make critical decisions that will affect you and your family.

Protect your children at school. As a parent, you and your child have rights. Monitor your child's school and staff. In the event your child is treated unfairly, contact your attorney. We recently settled a case against a Board of Education in Illinois. Our client, a young lady, was the victim of negligent emotional distress. The teacher was wrong and our client recovered damages. Also, remember that slander and libel are lawsuits that can be filed against school officials on behalf of you and your child for false statements made orally or in writing. Protect your rights and by doing so you will protect the rights of others. Remember that a lawsuit can be filed for injury to a child through the child's 18th birthday in the State of Illinois. Don't guess at this. It is best to seek legal counsel so that you won't blow the statute of limitations period.

CHARGES AGAINST CLIENT REDUCED..... In a recent bench trial we were able to get the court to reduce the charges. The Office of the Cook County State's Attorney has the burden of proving a defendant guilty beyond a reasonable doubt. The State was unable to do this, so we won. This led to a successful settlement.

THE LAW AND SEARCH WARRANTS..... You may have been the victim of mistaken identity and suffered the embarrassment of having your home raided by police officers. We successfully obtained a settlement for a family whose home was raided by police in error. Unless police officers have a valid search warrant, they cannot search your home. The warrant for the search must accurately describe the home that the police are asking a judge to approve. If your home is searched, and you believe that the police made a mistake, call our office. We'll be happy to discuss your matter with you. You may have a basis for filing a lawsuit.

MAN BEATEN BY HOSPITAL POLICE WINS CRIMINAL CASE.... We recently won a criminal case where our client had been severely beaten by hospital police and then charged with a criminal offense. We are happy to have had the experience to expose this case as one involving a false arrest. The arresting officer beat up our client and then, in an attempt to cover up his crime, he charged our client with a crime. We are happy to say that on the day of the scheduled trial we wore the prosecutor down with accepted legal courtroom maneuvers and our client is a free man. He was at the hospital because the mother of his child was giving birth. Imagine the emotional strain he suffered as a result of being beaten down. Our fight for justice will continue. We will be happy to serve you in your time of need.

YOU HAVE RIGHTS AS A PATRON..... As a patron in a store or place of entertainment, you have certain rights. If you are roughed up or

abused by an employee of the establishment, you should consider filing a personal injury lawsuit. We can help.

ELDERLY WOMAN WINS CASE, AFTER BEING HARRASSED BY CREDIT CARD COMPANY...... Imagine your mom or your aunt being sued by a credit card company for a credit card that she never owned. This is what one of our clients was facing. The company would not back off and would not return our phone calls. On the date of trial we were ready to defend this elderly mom who had an excellent credit rating before being sued by this credit card company. The opposing counsel looked at our evidence and quickly backed down. Case won!!! Imagine what would have happened to this lady had she tried to represent herself. This lady is only one victim of what I call "commercial fraud". She should have never been sued in the first place. If you have had a similar experience, feel free to call us.

NAMING YOUR ELDERLY RELATIVE AS A PROTECTED PERSON.......... In Illinois, Cook County in particular, the jurisdictional issues between courtrooms can be confusing. In instances where an elderly family member is abused by another relative, the guardianship court of the probate division may be appropriate. However, this process can be slow.... very slow. An alternative is an order of protection, if you AND the elderly person have been abused by another relative. In this instance you can name yourself the petitioner and outline in the petition the instances of abuse that you have suffered, including the date, time and the witnesses to the offenses against you, if any. You can then name your elderly relative as a protected person. This may avoid the necessity of having to the deal with a guardianship. As always, we suggests retaining a lawyer to represent you in this proceeding.

FALSE ARREST..... If you or a family member are the victim of a false arrest, you may have a claim for damages. These types of lawsuits are generally filed in the Circuit Court in the particular county in Illinois where the arrest took place, and must be filed within two years of the arrest. You should file well before the 2 years is up. If you or a family member are a victim of false arrest, feel free to contact our office for an appointment. At Ainsworth & Associates PC we are ready to fight for your rights!!

LAW DAY..... Zedrick Braden was a featured speaker again for the Annual Law Day Symposium of the Woodlawn Community Organization of Chicago in May 2011.

RECENT COURTROOM VICTORY FOR CLIENT ACTING IN SELF DEFENSE...... We are happy to announce a very recent courtroom victory on May 27, 2011. We were successful in getting the prosecutor to drop criminal charges against our client where he was acting in self defense. Earlier in the year the Office of the State's Attorney was not ready for our scheduled jury trial and as a result the court continued the trial. Now our client is free and his reputation has been restored. We are happy to say that self defense, where justifiable, is alive and well in the State of Illinois. We are committed to continuing our fight for justice. However, we are now entering the stage of closing arguments in another case where our client is charged after acting in self defense. We just want justice for our client!

PORTION OF PROCEEDS SHOULD BE PUT IN ESCROW TO GUARANTEE PROMISE TO MAKE REPAIRS..... If you are buying a single family home or income property, you should make sure that the seller puts a portion of the proceeds from the sale in escrow during the closing to cover repairs to the property, pursuant to the terms of the real estate sale contract. If he doesn't make the repairs, you have got his money as security.

MOTION TO EXCLUDE WITNESSES AT TRIAL.... Lawyers make motions before the start of a trial that all potential witnesses leave the courtroom, until called back in to testify. A person who remains in the courtroom during testimony of other witnesses runs the risk of being disqualified to testify. The theory is that a person will be influenced by what he or she hears other witnesses testify to, if they remain in the courtroom.

VICTORY FOR HOMEOWNER.....It is possible to win the modification game. We are happy to announce that we successfully helped a family through the mortgage modification process. They were in foreclosure and the mortgage company was out of step with its lawyers. This is common and adds to the confusion for many homeowners. Once we made contact with the mortgage company and let them know that we meant business, the mortgage company began to cooperate like never before. In fact, this family won twice; with their home and with rental property. Enough said.... victory is sweet... and fighting and winning the battle for justice is even sweeter. Call if we can help you with your mortgage foreclosure situation.