If you are serious about filing for divorce, seek advice from a competent divorce expert lawyer. Below are the five things you should think about before making a final decision:
1. Reality.
What is the first thing people think about when deciding to file for divorce? Revenge. The wife may think that she should be entitled to the house because of her husband's cheating, etc. She may also believe that it will be a "slam dunk" when it comes to awarding custody of any minor children and that she'll be entitled to the bulk of the assets. He cheated and acted like a horse's ass, so I'm going to take him to the cleaners. Whoa! Hold on! Unless you live in a community property state, that's not going to happen. In Illinois (current Illinois Dissolution of Marriage and Family Law Act) we are an "equitable distribution State", which means an equitable distribution of assets plus liabilities.
2. The Real Expenses.
Along with filling a petition for Dissolution of Marriage, you'll also be including in the filing an Affidavit of Monthly Income & Expenses. Both the petitioner and respondent file one. To be completely accurate, gather up all your bank statements and paycheck stubs for the past year. That should give you a heads up as to what your income and liabilities will be.
3. Don't use Your Minor Children as Pawns.
Folks, I can't stress this enough. Don't talk about your soon-to-be ex (husband or wife) in an ill manner, no matter how angry you may be with your estranged spouse. After all "that bitch" or "that bastard" is the mother or father of your minor children. Don't be tempted to turn a child against the estranged spouse. This has serious consequences which can backfire on the parent that is trying to turn the minor child against the other. You could also find yourself in court facing a "Parental Alienation Syndrome" charge. Nothing is worse than having a minor child being served with a Subpeona to court and testify against their mother or father.
4. Emotional Attachment to a Certain Asset.
OK, the wife has said over and over again, she can't live in any other house except the marital home, which is her dream house. It doesn't matter whether or not she can afford to live in it, this is her house and she's not going to let it go. Don't let this type of thinking get in the way of reality. Yes, it is hard to leave your family home, however, everyone must be practical and penny wise.
5. Yes, Virginia, Your Life Will Change.
This is one of my pet peeves with many family law attorneys. They simply do not tell their clients that are in the process of a divorce that they will not live as well as they did when they were married to their spouse. Your lifestyle WILL CHANGE. Both former spouses will have to go to work, whether they have ever worked outside the family home. Yes, if you have minor children, the non-custodial parent will have to pay a certain percentage of his/her's net income for support of the minor children. The non-custodial parent will also have to carry the minor children on his/her health insurance and name the children as beneficiaries to any life insurance policy they have in force. Yes, a former spouse can be awarded spousal maintenance (formerly known as alimony) for a certain period of time. After that, you're going to be on your own.
(C) 2009, Ellen R. Day, New Century Legal Center, a Legal Services & Investigations Office. All Rights Reserved.
Tuesday, November 10, 2009
Monday, November 9, 2009
Andre Agassi 60 Minutes Interview
On Sunday, November 8, 2009, the newsmagazine show, 60 Minutes aired the exclusive interview between retired tennis star, Andre Agassi and Katie Couric. Andre's biography, "Open" hit the book stores last week. It has been revealed in the book by Andre in 1997 and 1998, he took crystal meth. Apparently, Andre had tested positive for the drug during a routine drug test that is administered by the Association of Tennis Professionals (ATP) which is the governing body for the pro mens tennis circuit. Agassi was brutally honest in his disclosure about how he lied to ATP officials about how he came in contact with crystal meth.
I've been a fan of pro tennis for 40 years. I've watched the rise of many tennis legends careers which include Jimmy Connors, Bjorn Borg, Chris Evert, Evonne Goolagong, Tracy Austin, Martina Navratilova, Steffi Graf, Monica Seles, Martina Hingis, Jennifer Capriati, Andre Agassi, John McEnroe, Pete Sampras, Stefan Edberg, Ivan Lendl, Boris Becker and many other talented and fine players. Realizing that no one is perfect, it was very bold of Andre to come out after all these years to discuss his drug use. A really sad part of the Agassi/Couric interview was the disclosure by Andre as to how much he hated tennis. I sense it was his father's idea and he wanted his son to become a successful tennis player and to be number one (1) in the world. Andre achieved that, however, the feeling was bittersweet. He [Andre] credits the turn around in his life after his divorce from model and actress Brooke Shields to his relationship and subsquent marriage to fellow tennis player [and former world #1] Steffi Graf.
I thought that Katie Couric could had done a better job with the interview considering her journalistic skills from being on the Today Show and current anchor of the CBS Evening News. All Katie did was lob one "softball question" after the other and in some sequences, acted a bit like a giggly school girl.
With all revelations, the talk about Andre's hair and his weave, the bombshells that were dropped, I still admire Andre Agassi and miss seeing him compete on a tennis court. However, he has moved on with his life with his charity work and his remarkable and wonderful Charter School in Las Vegas, Nevada.
A Life Document File
No one can predict when a natural (or any type of disaster) disaster will occur. However, being caught off guard and unprepared is a great burden and expense when attempting to resolve legal affairs.
Below are the five (5) recommended steps you need to consider and have in place to be legally prepared for natural disasters and other life's emergencies:
1. Once a year, sit down with your insurance agent and go over your home, auto and life insurance policies. Be absolutely certain you understand your policy limits and coverage. Pay close attention to paragraphs and sections regarding coverage for physical damage, casualty and property damage caused by winter weather events such as ice storm and snow. Review your renters or homeowner's policy for coverage concerning damage caused by wind, tornadoes, hail, fire, hurricanes, earthquakes and water damage. If you live in a flood plain, you need to purchase flood insurance. The majority of homeowner insurance policies do not cover damage caused by floods and from storm surge.
a. Your automobile insurance should include adequate amounts for uninsured motorist damages plus under-insured motorist damage. Check the limits on medical payments, casualty, loss of property damage policy limits.
b. Everyone should have adequate life insurance in place. Discuss with your insurance agent the right amount of coverage for your particular needs. You may need to increase the amount of life insurance if you own a business and have a family with young children.
2. Create a Life Document File that should be designated for important legal papers and other documents. A life document file should include: Identification documents such as birth certificates, social security cards, contracts, deeds, titles to vehicles, insurance policies, medical records, animal health records, do or cat certificates of health and rabies vaccinations and tags, pictures and a complete financial asset inventory. Keep all records in one place, this is especially important if you have to grab and run in the event you have to evacuate your home and area.
3. Have a Will drawn up, a living will, special (durable) power of attorney for property, a health care directive (power of attorney for health care). Inclement weather and other disasters can cause injuries and death. It is SO IMPORTANT to have a will and other estate planning documents in place to ensure that your final wishes are carried out, then lessening the burden on your surviving family members. For estate planning and other legal documents, please do not hesitate to contact New Century Legal Center at (630) 307-3513 or by email to: nclclawcenter@comcast.net.
4. Be sure to store your life document file in a secure place such as a safe deposit box or at home in a waterproof and fireproof box. This is also essential in the prevention of someone else using your legal and personal documents to commit identity theft, fraud and other criminal activities.
5. Make sure to tell someone that you trust about the location of your important papers and life document file. It can be a lawyer, relative, family member or close friend. There may be situations that arise whereas you are not able to communicate and at least one person should know the location of your life document file and important papers. Always keep a back up copy of important papers and legal documents with a lawyer if you have one, or a family member.
(C) 2009, by Ellen R. Day, New Century Legal Center, a legal services and investigations office. All rights reserved. www.nclc.law.officelive.com.
Below are the five (5) recommended steps you need to consider and have in place to be legally prepared for natural disasters and other life's emergencies:
1. Once a year, sit down with your insurance agent and go over your home, auto and life insurance policies. Be absolutely certain you understand your policy limits and coverage. Pay close attention to paragraphs and sections regarding coverage for physical damage, casualty and property damage caused by winter weather events such as ice storm and snow. Review your renters or homeowner's policy for coverage concerning damage caused by wind, tornadoes, hail, fire, hurricanes, earthquakes and water damage. If you live in a flood plain, you need to purchase flood insurance. The majority of homeowner insurance policies do not cover damage caused by floods and from storm surge.
a. Your automobile insurance should include adequate amounts for uninsured motorist damages plus under-insured motorist damage. Check the limits on medical payments, casualty, loss of property damage policy limits.
b. Everyone should have adequate life insurance in place. Discuss with your insurance agent the right amount of coverage for your particular needs. You may need to increase the amount of life insurance if you own a business and have a family with young children.
2. Create a Life Document File that should be designated for important legal papers and other documents. A life document file should include: Identification documents such as birth certificates, social security cards, contracts, deeds, titles to vehicles, insurance policies, medical records, animal health records, do or cat certificates of health and rabies vaccinations and tags, pictures and a complete financial asset inventory. Keep all records in one place, this is especially important if you have to grab and run in the event you have to evacuate your home and area.
3. Have a Will drawn up, a living will, special (durable) power of attorney for property, a health care directive (power of attorney for health care). Inclement weather and other disasters can cause injuries and death. It is SO IMPORTANT to have a will and other estate planning documents in place to ensure that your final wishes are carried out, then lessening the burden on your surviving family members. For estate planning and other legal documents, please do not hesitate to contact New Century Legal Center at (630) 307-3513 or by email to: nclclawcenter@comcast.net.
4. Be sure to store your life document file in a secure place such as a safe deposit box or at home in a waterproof and fireproof box. This is also essential in the prevention of someone else using your legal and personal documents to commit identity theft, fraud and other criminal activities.
5. Make sure to tell someone that you trust about the location of your important papers and life document file. It can be a lawyer, relative, family member or close friend. There may be situations that arise whereas you are not able to communicate and at least one person should know the location of your life document file and important papers. Always keep a back up copy of important papers and legal documents with a lawyer if you have one, or a family member.
(C) 2009, by Ellen R. Day, New Century Legal Center, a legal services and investigations office. All rights reserved. www.nclc.law.officelive.com.
Thursday, November 5, 2009
Standing up for the wrongfully convicted in Illinois
The Center on Wrongful Convictions at the Northwestern University School of Law as won freedom for nearly three dozen innocent people and in that difficult process, changed how people view the criminal justice system and the death penalty. Just think about it. Almost three dozen innocent people, ripped away from their home, family, place of employment and community. Branded by a court of competent jurisdiction as a "murderer", "rapist", "child molester" and a host of other "branding names". In the eleven (1998) years the Center on Wrongful Convictions has been in existence, this group of dedicated professors and students has played a leading role, winning exonerations of nineteen people in Illinois. Those included in this group are thirteen inmates who were sentenced to death for their alleged crimes.
Among the high profile cases are: Gary Dotson of South Suburban Country Club Hills, Illinois. Dotson was convicted of rape and sentenced to the IDOC by the Circuit Court of Cook County, Illinois for six years. He appealed and won a reversal and his case was the first one to be based upon DNA evidence, to which he was exonerated and finally had his name cleared. His accuser, Cathleen Crowell-Webb recanted her testimony, and since then, has passed way from cancer.
Rolando Cruz was convicted (in two separate trials) in the 18th Judicial Circuit Court of Du Page County, Illinois for the 1983 abduction, rape and murder of then, ten-year-old Jeanine Nicarico. Jeanine was home alone, sick with the flu when a madman broke into the family home, kidnapped her, raped, murdered her, and dumped her little body on a rural trail. Cruz and his co-defendant where framed, railroaded by certain Du Page County Sheriff deputies and other law enforcement officials. The prosecutor at the time was Jim Ryan, who went on to become the Illinois Attorney General. Ryan passed the gavel to current State's Attorney, Joseph E. Birkett. Cruz and his co-defendant were twice convicted and twice sentenced to death (sat on Death Row for 10 years) for a crime they did not commit. The real killer who confessed to the Nicarico murder is Brian J. Dugan.
Tabitha Pollock was convicted of murder of her three-year-old daughter. Pollock had been sleeping when her boyfriend killed her daughter. Pollock's murder conviction was overturned in 2002, was based on the idea that she should have known the boyfriend was abusing the toddler and that Tabitha posed a danger and threat to the toddler's life. Pollock was imprisoned for six years before she was released.
Anthony Porter, wrongfully convicted of capital murder, came within fifty hours of his scheduled execution before he won a reprieve. Then, Northwestern journalism professor, Mr. David Protess and his students, a private investigator, unraveled the case and even obtained a confession from the real killer. This case was the cornerstone that former Illinois Governor George Ryan took into consideration when he imposed a Moratorium on executions in Illinois. That moratorium still stands today.
Marlon Pendleton was convicted in 1992 of aggravated rape, sexual assault. Pendleton spent twelve years of his life in the IDOC before DNA testing proved he was not the assailant. Marlon was released in 2006.
Michael Cardamone was convicted in 2005 of sexually abusing students at his family run gym. Apparently, the girls got together and made up awful stories about how their gym instructor was putting his hands under their leotards and doing all sorts of sexual, perverted things to them in the middle of a crowded gym with other adults and parents milling about. Cardamone was sentenced to 15 years by the 18th Judicial Circuit Court of Du Page County, Illinois. His family retained the services of Kathleen Zellner, Esq. Attorney Zellner filed an Appeal with the Illinois Appellate Court. Last year (2008) Cardamone was released and granted a new trial. The conviction was overturned by the Appellate Court for numerous errors committed by the trial court judge. That judge was Michael J. Burke, who is now an Appellate Court Justice. Politics? Sure, you bet.
Until the criminal justice system rids itself of politically drive prosecutors who use their office to advance themselves through politics, stop using parameters such as the color of a person's skin, their economic background, the value of the home they live in, the death penalty should be off the table all together.
Among the high profile cases are: Gary Dotson of South Suburban Country Club Hills, Illinois. Dotson was convicted of rape and sentenced to the IDOC by the Circuit Court of Cook County, Illinois for six years. He appealed and won a reversal and his case was the first one to be based upon DNA evidence, to which he was exonerated and finally had his name cleared. His accuser, Cathleen Crowell-Webb recanted her testimony, and since then, has passed way from cancer.
Rolando Cruz was convicted (in two separate trials) in the 18th Judicial Circuit Court of Du Page County, Illinois for the 1983 abduction, rape and murder of then, ten-year-old Jeanine Nicarico. Jeanine was home alone, sick with the flu when a madman broke into the family home, kidnapped her, raped, murdered her, and dumped her little body on a rural trail. Cruz and his co-defendant where framed, railroaded by certain Du Page County Sheriff deputies and other law enforcement officials. The prosecutor at the time was Jim Ryan, who went on to become the Illinois Attorney General. Ryan passed the gavel to current State's Attorney, Joseph E. Birkett. Cruz and his co-defendant were twice convicted and twice sentenced to death (sat on Death Row for 10 years) for a crime they did not commit. The real killer who confessed to the Nicarico murder is Brian J. Dugan.
Tabitha Pollock was convicted of murder of her three-year-old daughter. Pollock had been sleeping when her boyfriend killed her daughter. Pollock's murder conviction was overturned in 2002, was based on the idea that she should have known the boyfriend was abusing the toddler and that Tabitha posed a danger and threat to the toddler's life. Pollock was imprisoned for six years before she was released.
Anthony Porter, wrongfully convicted of capital murder, came within fifty hours of his scheduled execution before he won a reprieve. Then, Northwestern journalism professor, Mr. David Protess and his students, a private investigator, unraveled the case and even obtained a confession from the real killer. This case was the cornerstone that former Illinois Governor George Ryan took into consideration when he imposed a Moratorium on executions in Illinois. That moratorium still stands today.
Marlon Pendleton was convicted in 1992 of aggravated rape, sexual assault. Pendleton spent twelve years of his life in the IDOC before DNA testing proved he was not the assailant. Marlon was released in 2006.
Michael Cardamone was convicted in 2005 of sexually abusing students at his family run gym. Apparently, the girls got together and made up awful stories about how their gym instructor was putting his hands under their leotards and doing all sorts of sexual, perverted things to them in the middle of a crowded gym with other adults and parents milling about. Cardamone was sentenced to 15 years by the 18th Judicial Circuit Court of Du Page County, Illinois. His family retained the services of Kathleen Zellner, Esq. Attorney Zellner filed an Appeal with the Illinois Appellate Court. Last year (2008) Cardamone was released and granted a new trial. The conviction was overturned by the Appellate Court for numerous errors committed by the trial court judge. That judge was Michael J. Burke, who is now an Appellate Court Justice. Politics? Sure, you bet.
Until the criminal justice system rids itself of politically drive prosecutors who use their office to advance themselves through politics, stop using parameters such as the color of a person's skin, their economic background, the value of the home they live in, the death penalty should be off the table all together.
Tuesday, November 3, 2009
Keeping and Reconstructing your Credit Profile
Everyone knows what a pain in the posterior a less-than-perfect credit rating can cause. In the opinion of that very pretty girl (Peeper) and her beloved Mum the credit reporting industry is in dire need of an overhaul and the thing called FICO (the ultimate vampire) should have a stake driven through its wretched heart.
Mortgage rated continue to drop and many homeowners would to take advantgage of low mortgage rates along with first time buyers and move-up buyers. However, with the ongoing credit crunch with lenders tightening credit requirements, there are a lot of good people out that are missing the chance to lock in a low interest rate loan. What is the primary reason? Well, it's that old ridiculous creature called FICO. During past seven years, a FICO score of 720 was good enough to obtain a mortgage at preferred interest rates. Fast forward to 2009. Lenders demand a FICO of 740 for the very best mortgage interest rates.
Well, enough of the bad news, now, here is the good news. Yes, it is possible that you can boost your credit rating and scores if you get a grip on your finances.
The median FICO is 720 on the 300 - 850 FICO scale. First you must realize that you can not raise your credit rating and scores if your finances are in a free fall. If you are unable to pay your bills that isn't going to help your credit. Real credit score restoration will have to wait until your financial problem has been resolved and you have enough money to cover your expenses. Next, you'll need to start paying down your debt. You can't raise your credit score if you don't use credit. This I am in total disagreement with the lending and credit industry. Living in a cash only lifestyle certainly is great for your pocketbook or wallet; however, believe it or not, it will not make a lick of difference if you don't use credit, thus boosting your credit scores.
The term "using credit" is not the same as carrying a balance on a credit card. Carrying a balance is expensive and it is ruinous to your financial health. Many people achieve 800 plus FICO scores by paying their credit cards in full every month. If you pay in full every month, you aren't nicked for the outrageous interest and other fees.
Oh, don't expect all of the aformentioned to happen overnight. You will see an improvement in your FICO scores within thirty (30) days if you pay down a large amount of your credit card debt. That is a huge factor! If you have serious derogatory tradelines, a bankruptcy or foreclosure, you will see an improvement in your scores over a period of time, which can be anywhere between 2, 3, 4, 7 or 10 years.
Credit Basics:
BE TOP COP WHEN PATROLLING YOUR CREDIT REPORTS:
As previously discussed the information for FICO comes directly from your consumer credit reports. The Big Three are: Experian, Equifax and Trans Union. You are entitled to a free copy every 12 months from the government run program at: http://www.annualcreditreport.com/. Of course, you can purchase individual copies directly from the three credit reporting agencies for a fee. Upon receipt of each report, check for accuracy and dispute serious errors such as:
GET A MAJOR CREDIT CARD:
Lenders like to see positive tradelines such a major credit card like Visa, MasterCard, Discover & American Express. Gas company and retail store cards are fine, but to really boost up your FICO, get a major credit card. Make sure the credit card company or bank reports to all three credit reporting agencies on a monthly basis.
SET UP AUTOMATIC PAYMENTS FOR EACH CREDIT CARD AND LOAN:
Very, very important! If you set up automatic payments, there is no way you can be late on your obligations. In addition, you will have proof that you paid on time through your bank statements.
DON'T LET A DISPUTE WITH A LENDER OR CREDITOR GET SENT TO A COLLECTOR:
You have a legal right to dispute all or any part of a bill. You must dispute the matter with the creditor or lender within thirty (30) days of the problem. However, don't let a dispute get packed off to a collection agency. Collection tradelines are serious derogatory marks on your credit reports.
APPLY FOR CREDIT SPARINGLY:
If you don't need the credit card, then pass on it. Wait to apply for new credit cards after you have secured the mortgage loan or car loan. Use your credit cards sparingly.
If you follow the formula as set out above, you'll be on your way to the magic number of 740.
(C) Copyright 2009 by Ellen R. Day, Credit, Debt & ID Theft Specialist, New Century Legal Center - a Legal Services & Investigations Office. All rights reserved. http://www.nclc.law.officelive.com/.
Mortgage rated continue to drop and many homeowners would to take advantgage of low mortgage rates along with first time buyers and move-up buyers. However, with the ongoing credit crunch with lenders tightening credit requirements, there are a lot of good people out that are missing the chance to lock in a low interest rate loan. What is the primary reason? Well, it's that old ridiculous creature called FICO. During past seven years, a FICO score of 720 was good enough to obtain a mortgage at preferred interest rates. Fast forward to 2009. Lenders demand a FICO of 740 for the very best mortgage interest rates.
Well, enough of the bad news, now, here is the good news. Yes, it is possible that you can boost your credit rating and scores if you get a grip on your finances.
The median FICO is 720 on the 300 - 850 FICO scale. First you must realize that you can not raise your credit rating and scores if your finances are in a free fall. If you are unable to pay your bills that isn't going to help your credit. Real credit score restoration will have to wait until your financial problem has been resolved and you have enough money to cover your expenses. Next, you'll need to start paying down your debt. You can't raise your credit score if you don't use credit. This I am in total disagreement with the lending and credit industry. Living in a cash only lifestyle certainly is great for your pocketbook or wallet; however, believe it or not, it will not make a lick of difference if you don't use credit, thus boosting your credit scores.
The term "using credit" is not the same as carrying a balance on a credit card. Carrying a balance is expensive and it is ruinous to your financial health. Many people achieve 800 plus FICO scores by paying their credit cards in full every month. If you pay in full every month, you aren't nicked for the outrageous interest and other fees.
Oh, don't expect all of the aformentioned to happen overnight. You will see an improvement in your FICO scores within thirty (30) days if you pay down a large amount of your credit card debt. That is a huge factor! If you have serious derogatory tradelines, a bankruptcy or foreclosure, you will see an improvement in your scores over a period of time, which can be anywhere between 2, 3, 4, 7 or 10 years.
Credit Basics:
BE TOP COP WHEN PATROLLING YOUR CREDIT REPORTS:
As previously discussed the information for FICO comes directly from your consumer credit reports. The Big Three are: Experian, Equifax and Trans Union. You are entitled to a free copy every 12 months from the government run program at: http://www.annualcreditreport.com/. Of course, you can purchase individual copies directly from the three credit reporting agencies for a fee. Upon receipt of each report, check for accuracy and dispute serious errors such as:
- Accounts that do not belong to you.
- Late payment notations when you know you've paid on time.
- Bankruptcy cases that are over 10 years (Chapter 7) or older than 7 years (Chapter 13 Wage Earner Plan).
- Collection tradelines that are more than 7 years old.
- Late payments that are over 7 years.
GET A MAJOR CREDIT CARD:
Lenders like to see positive tradelines such a major credit card like Visa, MasterCard, Discover & American Express. Gas company and retail store cards are fine, but to really boost up your FICO, get a major credit card. Make sure the credit card company or bank reports to all three credit reporting agencies on a monthly basis.
SET UP AUTOMATIC PAYMENTS FOR EACH CREDIT CARD AND LOAN:
Very, very important! If you set up automatic payments, there is no way you can be late on your obligations. In addition, you will have proof that you paid on time through your bank statements.
DON'T LET A DISPUTE WITH A LENDER OR CREDITOR GET SENT TO A COLLECTOR:
You have a legal right to dispute all or any part of a bill. You must dispute the matter with the creditor or lender within thirty (30) days of the problem. However, don't let a dispute get packed off to a collection agency. Collection tradelines are serious derogatory marks on your credit reports.
APPLY FOR CREDIT SPARINGLY:
If you don't need the credit card, then pass on it. Wait to apply for new credit cards after you have secured the mortgage loan or car loan. Use your credit cards sparingly.
If you follow the formula as set out above, you'll be on your way to the magic number of 740.
(C) Copyright 2009 by Ellen R. Day, Credit, Debt & ID Theft Specialist, New Century Legal Center - a Legal Services & Investigations Office. All rights reserved. http://www.nclc.law.officelive.com/.
Saturday, October 31, 2009
Rolando Cruz: Injustice, Lies, Racism & Politics
Who is Rolando Cruz? He and two other innocent men were tried, convicted and sentenced to death (in two separate trials) for the 1983 abduction, rape and murder of a then, ten-year-old school girl from Naperville, Illinois. Her name is Jeanine Nicarico.
She (Jeanine) was left home alone with the flu when a madman broke into the family home, kidnapped, raped and murdered this innocent little girl. For many, the question lingers as to why a mother would leave her 10-year-old daughter home alone when she was sick and running a fever. Nowdays, the parents would have been charged with child endangerment and a DCFS investigation would have commenced.
Rolando Cruz and two other men were arrested and charged with capital murder, felony rape of a minor child, kidnapping and home invasion. Keep in mind there was no physical evidence linking the three young defendants to the crime scene at the time.
The State's Attorney, Jim Ryan (former Illinois Attorney General, and the batton was passed to current Du Page County State's Attorney, Joseph E. Birkett an off & on political candidate for higher public office) based his criminal case on fabricated evidence presented by certain Du Page County Sheriff Deputies and jail house chatter. The scent of racism was distinct.
Rolando was a loud-mouthed, street kid into gang banging at the time with no real future and had no use for the police. Many Hispanics are still very wary of law enforcement agencies for various reasons. However, to actively conspire, fabricate and railroad a defendant into a Death Penalty conviction is despicable. This is just one reason why that very pretty girl and her beloved Mum will not support the death penalty. As long as the citizen continue to elect rabid, out-of-control District/State's Attorneys that use their office as a spring board for their rabid and twisted attitudes toward defendants especially persons of color, race, economic backgrounds and the value of your house. In other words, if you do not reside in a home that is worth over $300K, you're considered a disposable member of society. If you reside in public housing, well, you're a throwaway.
Attorneys representing Cruz appealed the conviction for capital murder and the death penalty to the Illinois Appellate Court. In the early 1990s the Illinois Appellate Court reversed and remanded the conviction and sentence whereas a Du Page County Judge dismissed the charges and conviction against Cruz and his co-defendant, Hernandez. The judge's decision was based upon DNA evidence that cleared all three defendants that sat on Death Row in the Illinois Department of Corrections for over a decade.
Writer Eric Zorn of the Chicago Tribune posted a column on 10/25/2009. I agree with some of his points, but disagree with his accolades to his colleague, Art Barnum.
Yes, Rolando Cruz liked to tell sensational stories and embellish. However, being a liar (which is unbecoming) doesn't make you a murderer. In July of 2009, the real killer, Brian Dugan, pled guilty to the murder of Jeanine Nicarico. Dugan is currently awaiting sentencing for the murder.
What is really sad is the fact that the Criminal Justice System starting with the Du Page County State's Attorney knew this, but continued on their mission to lie, fabricate and railroad three innocent men of capital murder.
The County of Du Page was sued by Rolando Cruz, et al, in the 1990s and had to pay out on a $3.5 million for violating Rolando's civil rights, etc. The taxpayers and citizens of Du Page County, Illinois were the people that footed the bill. The Roland Cruz story and travesty was profiled on an episode of American Justice on A&E cable channel.
Thursday, October 29, 2009
Why Estate Planning is so Important
OK, you've thought about this for a long time. However, you continue to put it off. What is that very pretty girl saying? Putting off your estate plan is a major headache for your heirs if something happens to you.
Yes, with a damaged economy along with job layoff and cut backs, everyone has been tightening their financial belts. Estate planning is just as important as planning for your retirement. I many jursidictions if you die without a Will (intestate), the state will decide who gets what. Not a good idea, plus if the estate has assets such as real property, then you will be faced with the agonizing, long, drawn out ordeal called probate court. After the court appointed administrator and probate lawyers get their fees, your heirs will get what ever is left over. Yikes!
A Will or a Living Trust?
What is a Will? It is a legal document that spells out exactly how you want your estate assets to be distributed upon your death. Your will can also include provisions for minor children, grandchildren and your pets (fur children). Your will also names the person or persons who will be Executor and a Guardian for your minor children. If you don't own a lot of property or have real property, a will is your best bet.
A Living Trust (revocable) is an instrument that allows you to transfer your assets including real property and other valuable tangible items in order to avoid probate court. There are many trust declarations and you should consult with an experienced estate planner to decide which living trust is the right one for you.
The Blending of Families:
You really do need to avoid bequesting specific assets to specific beneficiaries, based upon today's market values. More and more families are creating living trust declarations that allot income to spouses, however, gives control to adult children, especially if the spouse gets remarried.
Joint Accounts, Why it is a Bad Idea:
Many times, older people name an adult child as a joint account holder on certain assets such as checking accounts, savings accounts, certificate of deposit investments. This is done to make it easier for the adult child to withdraw funds to pay bills or even distribute assets to heirs. This is a huge mistake as it puts the remaining heirs (children) in the position of potentially having to prove their parents did not intend to cut them out of the estate and futhermore could present gift tax issues for the adult child who is named on the joint accounts.
If you have a question about estate planning, including wills, living trusts, medicaid trusts, etc., please contact us at http://www.nclc.law.officelive.com/. All questions are confidential.
(C) Copyright 2009, Ellen R. Day, Peeper Talk.
Yes, with a damaged economy along with job layoff and cut backs, everyone has been tightening their financial belts. Estate planning is just as important as planning for your retirement. I many jursidictions if you die without a Will (intestate), the state will decide who gets what. Not a good idea, plus if the estate has assets such as real property, then you will be faced with the agonizing, long, drawn out ordeal called probate court. After the court appointed administrator and probate lawyers get their fees, your heirs will get what ever is left over. Yikes!
A Will or a Living Trust?
What is a Will? It is a legal document that spells out exactly how you want your estate assets to be distributed upon your death. Your will can also include provisions for minor children, grandchildren and your pets (fur children). Your will also names the person or persons who will be Executor and a Guardian for your minor children. If you don't own a lot of property or have real property, a will is your best bet.
A Living Trust (revocable) is an instrument that allows you to transfer your assets including real property and other valuable tangible items in order to avoid probate court. There are many trust declarations and you should consult with an experienced estate planner to decide which living trust is the right one for you.
The Blending of Families:
You really do need to avoid bequesting specific assets to specific beneficiaries, based upon today's market values. More and more families are creating living trust declarations that allot income to spouses, however, gives control to adult children, especially if the spouse gets remarried.
Joint Accounts, Why it is a Bad Idea:
Many times, older people name an adult child as a joint account holder on certain assets such as checking accounts, savings accounts, certificate of deposit investments. This is done to make it easier for the adult child to withdraw funds to pay bills or even distribute assets to heirs. This is a huge mistake as it puts the remaining heirs (children) in the position of potentially having to prove their parents did not intend to cut them out of the estate and futhermore could present gift tax issues for the adult child who is named on the joint accounts.
If you have a question about estate planning, including wills, living trusts, medicaid trusts, etc., please contact us at http://www.nclc.law.officelive.com/. All questions are confidential.
(C) Copyright 2009, Ellen R. Day, Peeper Talk.
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