Man Sentenced in Bizarre Attempt to Kidnap, Extort Illinois Attorney

In a story that sounds like the plot of a bad cable movie, an Illinois man was sentenced to 20 years in prison for allegedly plotting to kidnap a lawyer and hold him for ransom money.

Brett Nash, 46, received his sentence Thursday after pleading guilty to a charge of solicitation of a crime of violence late last year.

Thankfully the plot didn’t involve any of the attorneys at Appelman and Associates, but the report says Nash targeted a lawyer from Granite City, Illinois.

What puts the story over the top is the amount of information that was gathered about Nash’s kidnapping plan.  Much of the evidence used against Nash was provided by a tape recorder that was planted on a co-worker who Nash enlisted to help carry out his plan.  Some of Nash’s ridiculous plans are detailed below.

• Nash planned to kidnap the lawyer and force him to write checks for “labor”, which Nash could then collect.
• If the attorney wouldn’t comply, Nash planned to force the attorney to wear a fake explosive suit and walk into his bank.  The attorney would then need to withdraw all his funds or risk being blown up.  Nash said he got the idea by watching a show on the Discovery Channel.
• Nash planned to wear makeup or a mask, saying “This is Mission Impossible (expletive)”.
• Nash eventually planned to kill the lawyer by staging an accident involving a hot-tub, a cat, and a radio.
• During one of the recordings, Nash told his colleague that he was willing to buy a cat, a litter box, and pet food to further his staged suicide plan.
• Nash told the would-be accomplice they could avoid leaving behind DNA evidence by using copious amounts of hair gel to keep their hair from shedding.

Nash’s accomplice wanted no part of the operation, and he agreed to wear a recording device for the FBI.

“I’ve been playing with this for a year. Fine tunin’ this (expletive),” Nash said on the recording.

During trial, Nash’s attorney argued that the plot was too outrageous to be real.  Unfortunately for Mr. Nash, the jury didn’t see it that way.

Attorney Brett Appelman comments

Many people think that with a few simple tricks, they can steal a lot of money without being caught.  Shows like CSI and Law & Order depict mastermind criminals who use science and technology to thwart law enforcement, but some people need to be reminded that those are fictional TV shows.

This guy thought that with a few tricks he picked up from Mission Impossible and The Discovery Channel he would be able to pull off a sophisticated kidnapping, extortion, armed robbery, and possibly murder scheme.  Unfortunately for him he was brought down by the simplest and cheapest technology available these days: a recording device.  Most of the techniques depicted on these shows are not as useful in the real world as they appear to be on TV.  Hair gel will not prevent the hair on your arms or eyelashes from falling out at the crime scene, a way in which many criminals have eventually been caught.  Masks are never as effective as they seem to be on TV, and I cannot even speculate on the attempt to commit murder with a cat.

He got caught and he will be doing serious time behind bars.  Hopefully he will spend the next few years in the prison library, not in front of the TV.

Related source:  St. Louis Post-Dispatch

Moving out of State with a Child – 5 FAQs

This post was written by Sean Sullivan, head of the Family Law department at Appelman & Associates.  Sean is committed to providing his clients with the best representation in a variety of civil matters. He has also served as volunteer law clerk with the Cook County Public Defender’s prestigious Homicide Task Force.  For more information about Sean, check out his bio or give him a call at (630) 717-7801.

In my daily practice, one recurrent theme I deal with is parents who have moved out of state with their child, or are contemplating moving out of state with their child, and suddenly find themselves in a legal battle with their ex who opposes the move. It becomes particularly frustrating for clients when it seems the party objecting to the move is doing so “to get back at me and not because they really care about our child”. That very well may be, but my answer is always the same; in order to move, you have to get permission from the Court.

If the child was born in Illinois, or has resided in Illinois for the last six months, then Illinois has jurisdiction over the child. If Illinois has legal jurisdiction over the child, then the child cannot be removed from the state (on a permanent basis) without the permission of the Court. Your ex may be taking you to Court just to fight you and not out of concern over your child, but it is their legal right to do so.

What do I need to do if I want to move out of state and take my child with me?

You need to contact an attorney and seek their help in filing a motion with the Court asking for permission to remove the child from the state.

What if I am just taking the child out of state temporarily, do I need the permission of the Court?

Maybe.  It depends upon the language that was agreed upon in the joint parenting agreement or the marital settlement agreement. Both agreements typically have some language that allows for removal of the children for short periods of time, but it is best to consult an attorney and have them review either your JPA or MSA to determine this for sure.

I already moved out of state, and did not get the Court’s permission. Is anything going to happen to me?

It is very likely you could be held in contempt by the Court for taking the child out of state without permission. You should attempt to return the child to the state as soon as possible and contact an attorney.

What factors does the Court consider in letting me move my child out of state?

There are many factors the Court takes into consideration and each can be given different weight by the Court. Overall, the controlling factor in the Court’s determination is what is in the best interest of the child.

I am getting remarried, how will the Court look at that?

The Court will consider that as one of the factors it makes in its determination of what is in the best interest of your child. Getting remarried or not getting remarried is not necessarily a predictor of what the Court will decide one way or the other.

Illinois Carjacking Trial Begins Without Defendant – Trial in Absentia

A criminal case surrounding the carjacking of a young mother began Tuesday in Cook County, despite the fact that the defendant was nowhere to be found.

Michael Buhrman, 31, was scheduled to appear in court Tuesday on charges stemming from an incident in which he allegedly carjacked a vehicle in a parking garage at gunpoint.

According to the plaintiff, she was spending her work break in her car when an old man approached her to see if she needed any help.  The woman got out of the car to speak to the man, and he pulled out a handgun.

The man sped off in her vehicle, but he was stopped by police a few minutes later.  When they approached the car, they noticed that Buhrman had a handgun and a latex mask on the passenger’s seat.

It’s uncertain if Buhrman stole the idea from Tom Cruise in Mission Impossible III, but prosecutors weren’t given the opportunity to ask about the mask because Buhrman failed to show up for court.

His absence was hardly unexpected though, as he hasn’t been seen since last September.  On the last day he was seen, authorities got a signal from Buhrman’s court ordered GPS anklet that someone was attempting to tamper with the device.  When authorities arrived on the scene, the only thing they found was a detached GPS bracelet.

Buhrman is being tried in absentia, meaning the court views his decision not to show up as an indication that he is waiving his right to appear.  The trial is expected to conclude within the week.

Attorney Brett Appelman comments

This sounds like something straight out of Law and Order.

When a defendant is initially being addressed by the judge, they are told “if you fail to appear we can go ahead and hold your trial without you.”  We hear this all the time, but what does it actually mean?

A criminal defendant who skips town and fails to appear at their trial can literally be tried, found guilty, and sentenced without even being in court.  It is called a “Trial in Absentia”, and they happen with some regularity.  If you fail to show up for your trial, you are assumed to have waived your right to appear, meaning that the judge will believe that you willingly decided to not show up and defend yourself.  The trial will commence without you.

In this case, the alleged car-jacker has fled and has not appeared for his trial.  His lawyers will put on his defense and try to win the trial, but having an absent defendant makes their job much harder.  A jury is not likely to look favorably upon a defendant that has run away from his own trial.

If he is found guilty, the judge will hand down a sentence, and if this defendant is ever caught he will serve that sentence, be it probation, fines, or more likely in this case, prison time.

Related source:  Chicago Tribune

Illinois Marijuana Laws

This post was written by Miriam Szatrowski, a criminal defense attorney at Appelman & Associates.  Miriam has a wealth of experience in the criminal and civil courts, and she specializes in DUI, drug, and traffic offenses.  She has also served as an Assistant Public Defender in Kane County.  For more information about Miriam, check out her bio or give her a call at (630) 717-7801.

Recently, marijuana legalization has been a hot topic news articles, political debates, and casual conversations. This is largely due to rapidly changing attitudes toward marijuana in the United States. According to an April 4, 2013 article in the Chicago Tribune, the majority of American adults (52%) now support legalization of marijuana.

Though marijuana possession remains illegal under federal law, a number of states have legalized medical marijuana possession, and a few have even legalized it for recreational use. Despite these changes in public opinion, Illinois still criminalizes marijuana possession. I regularly defend people charged with violations of these laws, and in that process I have come across a number of questions from clients, as well as misconceptions about the law in Illinois. The following Marijuana FAQ can give you the information you need to avoid becoming my next client.

Is it ever legal to possess marijuana in Illinois? What about medical marijuana?

It is still a crime to possess marijuana in Illinois. There is no medical exception. There is no “personal use” exception. Possession of any amount of cannabis is illegal under Illinois law.

Aren’t there some cities and towns where you can only get a ticket?

Some towns and cities have local laws that allow police to write tickets instead of making arrests when people are caught in possession of small amounts of cannabis. Unfortunately, these local laws are often misunderstood. First of all, they are all different. An amount that is eligible for a ticket in one place may not be in another. The maximum amounts vary from 2.5g to 30g. In addition, there are many circumstances that can affect your violation, including:

• Your age
• The location you were caught (airport, school, park)
• Prior convictions

Finally, almost all, if not all, leave the decision of whether to arrest or ticket to the individual officer’s discretion. That means that even if you are eligible for a ticket only, the officer can decide to arrest you and have you charged under state law.

Can I be arrested just for being “high” or having marijuana/THC in my system?

Having marijuana or THC in your system is not a crime in and of itself. However, there are local ordinances in some places regarding being “intoxicated” in public, or in the roadway. Also, if you drive with THC in your system, whether or not you are actually impaired, you are committing a DUI.

What are the penalties for violating Illinois marijuana laws?

Illinois laws focus on two things: how much you have, and simple possession v. manufacture/delivery. Generally the more you have, the more serious the crime, and if you are manufacturing it, delivering it, or possessing it with the intent to deliver it, it is treated as a more serious crime than if you simply possess it. Also, the crime is not just possession of cannabis, but possession of a substance containing cannabis. This means that if you use a misdemeanor amount of cannabis to make a pan of pot brownies, you are now in possession of a much heavier substance containing cannabis, and could be charged with a felony!

The penalties are all laid out in two sections of the Cannabis Control Act: 720 ILCS 550/4 and 720 ILCS 550/5. The table below contains a summary of the laws and maximum penalties. However, most people do not get the maximum penalty. People charged with misdemeanor possession rarely go to jail, and even those with lower level felonies often get probation if they have no criminal history. However, even sentences that don’t involve serving time can include steep fines, classes or drug treatment, random drug tests, and community service. Also, repeat offenders often get harsher penalties than first-time offenders.

Possession of x grams	Manufacture/ Delivery	Class	Maximum Penalty (Note: IL laws may have changed since this was written, and certain factors that were not included in this table may enhance the charge to a higher level crime.)
x ≤ 2.5		C (Misdemeanor)	30 days jail and $1500 fine
2.5 < x ≤ 10	x ≤ 2.5	B (Misdemeanor)	6 months jail and $1500 fine
10 < x ≤ 30	2.5 < x ≤ 10	A (Misdemeanor)	364 days jail and $2500 fine
30 < x ≤ 500	10 < x ≤ 30	4 (Felony)	1-3 years prison and $25,000 fine
500< x ≤ 2000	30 < x ≤ 500	3 (Felony)	2-5 years prison and $25,000 fine
2000 < x ≤ 5000	500< x ≤ 2000	2 (Felony)	3-7 years prison and $25,000 fine
5000 < x	2000 < x ≤ 5000	1 (Felony)	4-15 years prison and $25,000 fine
	5000 < x	X (Felony)	6-30 years prison and $25,000 fine

How can I protect myself?

There are a number of things that you can do to avoid being charged with a violation of these laws. Here are some tips:

1.  Don’t possess cannabis. This means don’t have it in your car, your home, or your pocket. Please, please, please don’t have it anywhere at school!!! Don’t agree to hold it for a friend. (Remember, possession is the crime, not ownership. “It isn’t mine,” is not a defense.) Unfortunately, this may not be enough to protect you, so read on.

2.  Do not use cannabis in your car, or let anyone else use it in your car. Smoking marijuana leaves a strong, distinct odor that gets into the fabric in your car and doesn’t go away for a week or more. Every police officer knows the smell, and smelling it gives them probable cause to search your car.

3.  Do not ride in anyone else’s car if it smells like someone has been smoking marijuana in it. If they get pulled over and the car is searched, and the police find something near where you are sitting, you could be blamed for it.

4.  Never, EVER consent to a search of your body, your clothes, your bag, your car, or your home! This is important even if you are sure the police won’t find anything illegal. You never know if someone else has left something in your car that shouldn’t be there. (“I didn’t know it was there!” only works if the jury believes you.) Think it can’t happen to you? I have represented many clients who thought it couldn’t happen to them, either.

You don’t have to be rude, and you should never physically resist. Just say, calmly and politely, “I do not consent to a search.” Repeat if necessary. If they search anyway, your lawyer can fight it in court.

5.  Do not answer police questions. Give your name and identification if asked for it. Other than that, if the police stop you and try to talk to you, ask them, “Am I free to leave?” If they say, “yes,” walk away. If they say, “no,” tell them you will not answer any questions without a lawyer present. Do not lie, or give a false name or identification card, or you could find yourself charged with more crimes.

Talking to police never makes things better, and often makes it worse, even if you are completely innocent. I can’t tell you how many times I have had a case that we could have easily won if my client had just followed this advice. Even worse, I have had several clients talk themselves into more serious charges.

6.  Finally, if you or someone you know is charged with any crime, talk to an experienced criminal defense attorney right away to make sure that you get the best possible outcome for your case.

Am I a candidate for an uncontested divorce?

Almost by its very essence, obtaining a divorce is a contested issue, thus very few people qualify for Simplified Divorce Proceedings.  I often get calls from people who want a “quick divorce” or they “had a friend who got a divorce just by filling out some paperwork”. In effect what these people are really asking is: am I a candidate for an uncontested divorce?  Yes; in Illinois if you qualify for a simplified dissolution, it can be much quicker than obtaining a traditional divorce. And yes, it is relatively easy and requires mostly just filling out some forms and filing them with the court.   That being said, most of the people who contact me are not eligible for a simplified dissolution.

If any of the following apply to you or your spouse, then you are NOT eligible for a simplified dissolution proceeding and should consult a lawyer to determine the best course of action in your impending divorce:

• You and your spouse have been married longer than 8 years;
• During the course of the marriage either you or your spouse: adopted a child;  gave birth to any child; or you or your spouse is currently pregnant;
• The parties’ income is greater than $35,000.

This list in not all inclusive but just highlights the most common factors that make most couples ineligible for simplified dissolution proceedings. If you answered no to any of these, a simplified dissolution may still not be the best solution for you. It is often better to contact an experienced family law practitioner to discuss your questions or concerns and let them determine the best way to proceed.

Sean Sullivan is a Civil and Family Law Associate at Appelman and Associates.  If you would like to talk to Sean about a Family Law matter, he can be reached at (630) 717-7801.

Dog Uncovers $500,000 Worth of Opium at Chicago’s O’Hare Airport

Leave it to a dog named Shadow to bring illegal narcotics to light.

Shadow, a drug sniffing dog with the U.S. Customs and Border Protection alerted officials to packages of opium-soaked cloth that revealed about 30 pounds of the illegal substance.  The opium had a street value of nearly $500,000.

The packages were stopped at the International Mail Facility near O’Hare International Airport last month.

Shadow identified the first package around 2:30pm on March 15.  The package was labeled as “Hmong dresses”, and it was destined for Wisconsin.  After Shadow alerted his handlers, Customs seized the package.  Inside the box were 15 pounds of clothes, which tested positive for opium.

Shadow identified another package later in the day, this one en route to Minnesota from Laos.  The five pound package contained 10 pieces of opium-soaked cloth.

Shadow wasn’t done though, as he sniffed out two more drug packages within a half hour.

The third package, again destined for Wisconsin, was listed as “traditional medicines” on the shipping invoice. It contained 38 bags of wood chips, which tested positive for opium.  The last package was stopped on its way to Minnesota.  It was also listed as “traditional medicines”, but upon inspection it revealed 53 bags of twigs and wood shavings, which again tested positive for opium.

The last two packages weighed a combined 11 pounds, bringing the 8-year-old Belgian Malinois’ daily count to 30 pounds of opium.

Brett Appelman comments

This type of case is not too unusual these days.  With the advent of x-ray machines and other scanning technologies, combined with the use of drug dogs, sending illegal drugs through the mail has become very difficult.  Drug dealers have resorted to swallowing balloons filled with drugs, filling boxes with coffee grounds, and even using dryer sheets to sneak the drugs into the country.  Some still get through, but more and more of these packages get caught.

The next question is whether or not an arrest can be made in this case. Clearly the police will be interested in who was supposed to receive these packages, but merely being the intended receiver of a package of drugs is not necessarily illegal.  The addressee can certainly claim that they had no knowledge of the drugs, which would make the case more difficult for the State.  The state may have a tough time proving that the addressee knew about the contents, agreed to receive the contents, and attempted to import drugs.

This will likely be a very tough case for the prosecutor to win.

Related source:  Chicago Tribune

4 Reasons to Hire a Divorce Lawyer

Divorce can be an expensive and stressful and process, and it can become even more complicated if you try to mediate your divorce without help from an experienced legal team.

The main objective for a divorce attorney is to ensure you receive what you are entitled to in a divorce.  The majority of people going through a divorce are doing it for the first time, so it’s beneficial to have legal expertise on your side that can explain the process and help save you money.  Although it may seem cheaper to try to settle your divorce without paying for legal services, it can actually be more costly if things are done incorrectly.  Illinois Divorce Attorney Sean Sullivan provides commentary on the benefits of hiring a divorce attorney.

• Divorce attorneys have a wealth of knowledge – Although no two divorces are exactly the same, divorce attorneys have been through the process hundreds of times and know how to put your needs first.  There are a variety of motions that need to be filed with the court, and you won’t need to worry about missing a deadline or failing to file a motion if you hire a divorce attorney to take care of the paperwork for you.

“Some people think that they cannot afford to hire an attorney to handle their divorce, but the question may very well be, ‘can you afford not to?’”

• In cases of custody or abuse – Divorces become even more complicated when issues of custody or alleged abuse arise.  If you are determined to earn full or partial custody of your children, it’s best to hire an attorney to assist in the process.  Trying to tackle this matter by on your own can lead to added emotional stress and convey the wrong message during the custody process.  If you are accusing your spouse of verbal or physical abuse, an attorney can help protect your rights and safety.

“Emotional issues can be very painful during a divorce if you don’t have someone to lean on for support.  Always hire your own divorce lawyer and let them handle it from the beginning.”

• It can save you money – There is a common perception that going through a divorce without a lawyer will save you money in legal fees and court costs, but that is not always the case.  For example, if you fill out forms incorrectly or neglect to prepare for court, it can be more expensive to fix your mistakes.  Also, by not hiring an attorney you may be forced to miss work for court sessions.  Although you aren’t paying for an attorney, you miss out on earned income or may be forced to burn valuable personal days.

“Oftentimes it is more expensive to fix things that are done wrong than it is to pay for them to be done correctly in the first place.”

• They’ll make sure you don’t get swindled – One of the biggest reasons why you should hire a divorce attorney is because your soon-to-be-ex has hired one.  As mentioned above, the main goal of a divorce attorney is to get you everything you’re entitled to.  If one side is backed by legal expertise while the other is armed with only their “best guesses”, it doesn’t take a rocket scientist to see who is going to come out on top in the courtroom.

“If you simply rely on the advice or go with whatever your soon-to-be-ex’s lawyer suggests, you could end up paying more in legal fees in the long run.”

Medical Professionals Must Tread Carefully in the Digital Age

In the ever-expanding digital age, the lines between personal and professional practices continue to be blurred by social media.  Facebook and Twitter have positioned themselves as personal social media sites, while the site LinkedIn stresses a more professional appearance.  Although people go on to social media sites to share their personal opinions and photos, researchers warn that some professionals should think carefully before they post certain things.

A study by a professor at the University of California sought to determine what is and isn’t acceptable in the digital realm.  For his research, Dr. Ryan Greysen presented a group of state medical licensing directors with a variety of social media scenarios, ranging from mostly innocent to completely absurd.

The survey asked the licensing directors which scenarios would prompt board investigation by their state.  Examples of the scenarios presented to directors include a doctor posting drunken photos to a social media account, and a surgeon using foul and demeaning language on his website.

The questionnaire was “based on things medical boards told us they were concerned about,” said Greysen.  “It’s not hard to find images just like the ones we used with just some limited searching.”

The goal of the research was to help establish social media guidelines for medical professionals, but none of the scenarios prompted unanimous review, meaning that was is acceptable in one state may be deemed inappropriate in another.

Survey Findings

Below are the survey findings and the percent of states that would conduct board review. (48 states reported)

• Citing misleading information about clinical outcomes (81%)
• Using patient images without consent (79%),
• Misrepresenting credentials (77%)
• Inappropriately contacting patients (77%)
• Depicting alcohol intoxication (73%)
• Violating patient confidentiality (65%)
• Using discriminatory speech (60%)
• Showing alcohol use without intoxication (40%)

As indicted in the findings, there is moderate consensus for certain actions, but none are unanimous.  Not only is it concerning for medical professionals who are wondering if their actions are acceptable, but it also offers warning that certain illegal activates may go unregulated.

“It’s not 100 percent, which gives you some pause,” says Dr. Vineet Arora who works at University of Chicago Medical Center. “What triggers an investigation in those states? If this doesn’t do it, what does?”

Arora says she believes most mistakes are made by people who are relatively new to social sites and are still learning the appropriateness of social media.  Although there are no defined social guidelines, medical professionals should strongly consider the implications of their actions before posting something for the whole world to see.

Sean Sullivan comments

Medical professionals should heed these warnings very carefully.

Sometimes just the inference of impropriety or unethical behavior can get someone in trouble with the state licensing boards.  The state licensing laws are written very broadly as to what the regulators can penalize professionals for.  Think about what you’re posting so you don’t have to go into a hearing to defend yourself from something you posted online.

Most licensing disciplinary actions are publicized on the Internet, so do some research before delving into the world of social media.  Professionals have to remember that friends and potential patients could be looking for them online.

Related source: NPR.org