Matthew Berard

Understanding Requests for a Bill of Particulars in Illinois Criminal Cases Facing criminal charges can be overwhelming, and often, the initial charging documents might leave defendants with a sense of confusion. This is where the legal tool of a "bill of particulars" comes into play. What is a Bill of Particulars? In Illinois, as outlined in 725 ILCS 5/111-6, a defendant has the right to request a bill of particulars if the original indictment, information, or complaint lacks sufficient details about the alleged offense. This essentially means the defendant can ask the court to order the prosecution to provide more specific information about the charges against them. Benefits of a Bill of Particulars: Enhanced Clarity: A bill of particulars clarifies the exact nature of the accusations, allowing the defendant to understand the specific conduct they are charged with. Preparation for Defense: With clearer details, the defendant can effectively prepare a defense strategy, gather necessary evidence, and potentially identify weaknesses in the prosecution's case. Protection from Double Jeopardy: A more precise understanding of the charges helps prevent the defendant from being tried for the same offense again, upholding their Fifth Amendment right. How to Request a Bill of Particulars: A written motion for a bill of particulars must be filed before or within a reasonable time after arraignment, specifying the exact details needed for the defense. The court has the authority to grant or deny the request based on the specific circumstances of the case. Effects of a Bill of Particulars: Once granted, the prosecution is obligated to provide the requested information in a document called the "bill of particulars." This document becomes part of the official record and, in some cases, can limit the scope of the prosecution's evidence at trial to the specific details outlined in the bill. Conclusion: The right to request a bill of particulars is a crucial safeguard for defendants in Illinois. By ensuring a clear understanding of the charges, it empowers them to prepare a more effective defense and protects their fundamental legal rights. If you are facing criminal charges, consulting with an experienced attorney can help you determine if requesting a bill of particulars is beneficial in your case.#DUILawyer #DUIAttorney #CriminalDefense #LegalExpert #DUICharge #ProtectYourRights #DefendYourFreedom #ExperiencedLawyer #DWIAttorney #TrafficViolation #LegalHelp #DrunkDrivingDefense #CaseDismissed #FightTheCharge #DefenseLawyer #LegalRepresentation #TrialLawyer #DUIPenalties #ExpertCounsel #DefenseStrategy

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How does Michigan decide whether or not my current employer is a competitor of my former employer in a non-compete case? The two most important factors that Michigan courts consider are: 1. How much overlaps is there between the products and/or services offered by the two businesses? 2. How much overlaps is there between the current or prospective customer bases of the two businesses? The more overlap, the more likely a court will conclude they are in the same “line of business.”

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It is not all bad news for defendants and their insurers in Cook County as the recent cases and decisions show despite Cook County's recent elevation to No. 3 on the Judicial Hellhole List. My column in the Chicago Daily Law Bulletin this week that discusses the issue is below. My post on the ATRA report is in the comments. #law #lawyers #appeals #attorneys #civilprocedure

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⚠ WARNING: Eye opening statistic for the legal industry: "In Wisconsin, over 56% of active bar members are 60 or older, and 28% are 70 or older, meaning that many attorneys in Wisconsin will be retiring soon. Only 8% of solo practitioners have a registered successor." Stat from the State Bar of Wisconsin article (link in comments). 😨 Scary IMO. Don't wait to find the perfect associate to train and take your place. Start today. You owe it to your clients. #successionplanning #attorneylife #legalrecruitment #retirementplanning

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The Uniform Power of Attorney Act took effect in Michigan today. It repeals and replaces the durable power of attorney provisions in the Estates and Protected Individuals Code. Michigan now joins 30 other states and the District of Columbia in adopting a version of this unified framework, which provides significantly more guidance on the procedures, powers and limitations applicable to financial powers of attorneys in Michigan. The UPOAA contains 47 separate statutes all relating to financial powers of attorney, whereas EPIC only contained five. Read analysis by Stephen Rohr and Haley DelVecchio >>> https://bit.ly/4cIWjYb

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The Legal Billable Hour Index has been tracking small firm hourly rates since Clio first published its Legal Trends Report in 2016. (Up, they’re going up.) How does your practice compare? Here’s the rundown on the latest 2024 hourly rate data.

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I hope you all had a wonderful and restful weekend. Figured I'd start this week with some interesting market intel on AmLaw 100 profitability: 🔹 Total Gross Revenue of AmLaw 100 firms is $139,720,251,209 (increased by about 9 billion since 2023) 🔹 Highest Grossing Firm-Kirkland & Ellis 🔹 Firms with the highest increase in PEP were Susman Godfrey, Quinn Emmanuel, Norton Rose, Cravath, & Akin 🔹 Total Number of Lawyers at AmLaw 100-115,043 (1.8% increase since 2022) 🔹 Firm with the highest profit margin is Susman Godfrey, funnily enough this firm also has the fewest lawyers. The average lawyers bills about 2018 hours here. 🔹 Firm with the highest compensation for all partners is Wachtell (approx. $8M)+ and lowest is Gordon Rees (approx. $415K). 🔹 Firms with the highest clocked billable hours are DLA (6.3M ), White & Case (4.5M), Greenberg Traurig (4.3M), Hogan Lovells (3.9M), & Holland & Knight (3.2M). 🔹 The lawyer with the most billable hours was at Cozen O'Connor and billed a whopping 3,792 hours! Wow! Follow: Rhea Bagaria, Esq. for everything law, legal trends, recruiting. Let's connect! #RecruitWithRhea

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The FTC Issues Non-Compete Ban – What Now? In Michigan, courts generally presume the legality, validity, and enforceability of contracts. Although noncompete agreements have generally been disfavored by the law, they are enforceable to the extent that they are reasonable in time, geographic distance, and competitive interest. This may all be changing soon though. On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule creating a national ban of noncompete agreements. After the Proposed Rule was issued in January 2023, it received more than 26,000 comments with over 25,000 of them in support of the proposed ban. The FTC touts that this ban will generate “over 8,500 new businesses a year, raise worker wages, lower health care costs, and boost innovation.”  What does this mean for you? Read the full article here: https://lnkd.in/gtRkQZxS

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Jury Deliberation Drama In Schilling v. Quincy Physicians & Surgeons Clinic, the Illinois Appellate Court, Fourth District upheld a defense verdict in a case where a diabetic plaintiff alleged negligence after undiagnosed foot fractures led to amputation. Day 1: Deliberations stalled after hours of debate, with jurors declaring themselves deadlocked. Day 2: A juror submitted a "Surrender Note," expressing frustration but agreeing to a defense verdict to end deliberations. Court Action: The judge issued a Prim instruction to ensure fairness, leading to a unanimous verdict later confirmed through polling. This case is a testament to judicial discretion, precision in legal instructions, and fairness in the courtroom. The decision is below and my post on the oral argument is in the comments along with Episodes 232 and 236 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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What Does a Defense Attorney Do During Pre-Trial? Your defense attorney is your strongest ally during a pre-trial hearing. From fighting to have evidence suppressed to negotiating plea deals, they are actively shaping your defense. Attorney John L. Calcagni explains the critical role your attorney plays during this stage of the process. Find out what your defense attorney does during pre-trial—read the full blog now: https://lnkd.in/eeRxUa6H

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Did the circuit court err in directing verdict for the claimant and against the State of Illinois in a civil asset forfeiture case in which the State contended that it presented a prima facie case of probable cause to show a crime had been committed when the claimant's vehicle was stopped and lawful search conducted that found $33,260 in vacuum wrapped cash along with the strong odor of cannabis and the inability of the claimant to set forth the source of the cash? No drugs were found in the vehicle. That is the largely the question presented in People v. $33,260 United States Currency heard by the Illinois Appellate Court, Fourth District this past week. In addition, the State presented testimony of law enforcement officers that the activity was consistent with drug trafficking and the State point to 720 ILCS 5/29B-2 which allows evidence of money laundering to be shown by "the criminally derived property is transported or possessed in a fashion inconsistent with the ordinary or usual means of transportation or possession of the property and where the property is discovered in the absence of any documentation or other indicia of legitimate origin or right to the property." However, no crime was charged, much less proved and at the forfeiture hearing the State did not even claim what crime or crimes it was alleging were committed. There is an interesting burden shifting issue regarding whether with that was presented there was a prima facie case and what would occur should the court reverse and remand. The oral argument is in the comments. Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released tomorrow (9/15). Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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NDAs are designed to protect confidential business secrets — but what happens when one spouse demands to see them in a divorce? Illinois divorce law allows broad discovery. Spouses can request any relevant documents, even those covered by an NDA. Can an NDA block discovery? Maybe, but only if a protective order is granted by the court. If a company isn’t thrilled about its secrets being dragged into court, it might be forced to join the divorce case. In the end, NDAs might protect secrets, but in divorce, disclosure is almost inevitable. I'll link the blog post in the comments if you're interested in reading the article I wrote about this. #divorce #NDA #lawyer #chicago

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