The Agruss Law Firm Podcast: Recent Episodes
Agruss Law Firm
We are a different kind of law firm and that’s on purpose. At Agruss Law Firm, we see you as a person and not just a client, and that makes us better at what we do. We are not just lawyers and you’re not just a client. We’re friends, neighbors, and family. This is a show about all things legal-ish that friends, neighbors, and family want to know.
Attorney Michael Bertucci joins Vsam1040 Chicago LLC to discuss car insurance, accidents, and how Agruss Law can help if you've been injured in a car crash.
Attorneys Michael Agruss and Taylor Kosla join Vsam1040 Chicago LLC to discuss questions you should ask your personal injury lawyer before hiring them. It’s important to hire the right lawyer, as there are over 1.3 million lawyers in the United States.
Attorneys Michael Agruss and Mike Bertucci join Vsam1040 Chicago LLC to discuss car accidents and why it's important to hire a lawyer right away.
Attorneys Michael Agruss and Mike Bertucci join Vsam1040 Chicago LLC to discuss car accidents and personal injury accidents.
Attorney Michael Agruss joins attorney Brianne Dunn on the Vsam1040 Chicago LLC show to discuss wills and trusts and why it's so important to have estate documents.
Attorneys Michael Agruss and Mike Bertucci join Vsam1040 Chicago LLC to discuss car accidents, insurance, medical bills, and police reports.
Attorney Michael Agruss joins attorney Brianne Dunn on the Vsam1040 Chicago LLC show to discuss immigration.
Christina is the owner of RC Immigration. RC Immigration is a boutique law firm focusing exclusively on U.S. immigration issues. Christina Coleman, owner, has the requisite expertise in this niche field to develop comprehensive immigration strategies in a challenging landscape. Christina’s services are billed on a flat fee basis, providing you and your organization with predictability and transparency. As an immigrant herself, Christina understands the importance of delivering personalized and responsive counsel to every client.
Attorneys Michael Agruss and Brianne Dunn join Vsam1040 Chicago LLC to discuss wills and trusts.
Brianne is an attorney at Tannehill Law LLC and has unparalleled experience having worked both in a prestigious Chicago-based law firm as well as for the nationally renowned, Noble Schools, as the organization’s first lead counsel. Bri represents individuals as well as public and private organizations in real estate transactions, contract drafting and negotiations, business planning, estate planning, education, and labor and employment matters.
Attorney Taylor Kosla joins Vsam1040 Chicago LLC to discuss common questions related to working with a personal injury attorney in an accident.
Attorneys Michael Agruss and Taylor Kosla join Vsam1040 Chicago LLC to discuss questions you should ask a personal injury attorney before hiring them.
Attorney Taylor Kosla joins Vsam1040 Chicago LLC to discuss the importance of having good auto insurance, receiving treatment after an accident, and more.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC and discuss personal injury cases, car accidents, why you should hire a lawyer, and what makes ALF different.
In part two of the interview, attorneys Michael Agruss and Taylor Kosla join Maria Rodriguez to continue their discussion about car accident cases. They answer various questions related to the topic.
Attorneys Michael Agruss and Taylor Kosla join Maria Rodriguez to discuss car accident cases.
Attorneys Michael Agruss and Christina Coleman join Vsam1040 Chicago LLC to discuss immigration. Christina is the owner of RC Immigration LLC. RC Immigration is a boutique law firm focusing exclusively on U.S. immigration issues. Christina Coleman, the owner, has the requisite expertise in this niche field to develop comprehensive immigration strategies in a challenging landscape. Christina’s services are billed on a flat fee basis, providing you and your organization with predictability and transparency. As an immigrant herself, Christina understands the importance of delivering personalized and responsive counsel to every client.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss all of the ins and outs of car insurance.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC and share more about Agruss Law Firm and the types of personal injury cases their firm handles.
Attorney Taylor Kosla joins Vsam1040 Chicago LLC to discuss consumer rights and common credit report issues.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss motorcycle accident cases.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC and share real-life car accident and personal injury cases they've worked on.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss personal injury cases and car accidents.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss how ALF helps clients in personal injury cases.
Attorney Taylor Kosla joins Vsam1040 Chicago LLC and shares some car accident statistics in Illinois, steps you should do after an accident, and more.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss the settlement process of a personal injury case.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss what not to say at the scene of a car accident, how to deal with insurance companies, and what the settlement process is like in a car accident case.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss how Agruss Law protects their clients in personal injury cases, how they earn their client's trust, the benefits of hiring Agruss Law Firm, and their success rate.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss different kinds of motor vehicle accidents (car accidents, truck accidents, rideshare accidents (Uber or Lyft), bicycle accidents, and motorcycle accidents); nursing home abuse and neglect; dogs bites; and slip/trip-and-falls.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss various aspects of dealing with car crashes. He provides tips on what to do after a car accident, receiving medical treatment, and more.
Questions? Contact Agruss Law Firm today!
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Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss different types of insurance and car accidents.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss legal aspects of car accidents. They discuss steps to take after an accident, handling medical bills, insurance coverage, and more.
Attorneys Michael Agruss and Taylor Kosla join Dr. Howard Freedberg, board-certified Orthopedic surgeon and owner of orthopedic practice, Suburban Orthopedics on the Vsam1040 Chicago LLC show. They discuss injuries resulting from car accidents and treatment of the same.
Attorneys Michael Agruss and Taylor Kosla join Vsam1040 Chicago LLC to discuss insurance claims, dealing with medical bills, and important steps to take after being involved in a car accident.
Michael Agruss joins John Wonais from Wonais Law, LLC, on the Vsam1040 Chicago LLC show to discuss the process of filing for bankruptcy, the different types you can file, and common credit report issues.
Michael Agruss and Taylor Kosla join Dr. Sunavo Dasgupta MD from Premiere Pain and Spine on the Vsam1040 Chicago LLC show to discuss herniated disk injuries, personal injuries, and treatments.
Michael Agruss and Taylor Kosla join Daliah Saper from Saper Law Offices on the Vsam1040 Chicago LLC show to discuss business law formation, operating agreements, tips, trademarks, copyrights, and what happens when litigation occurs.
Taylor Kosla and Michael Edward Bencks join Vsam1040 Chicago LLC to discuss real estate mortgage loans. They discuss some of the biggest mistakes buyers make, the process of buying a home, and more.
Attorney Michael Agruss joins Vsam1040 Chicago LLC to discuss physical therapy with Team Rehabilitation. They talk about how physical therapy can help after you're injured and the benefits of receiving treatment.
Attorneys Taylor Kosla and James Parr join Vsam1040 Chicago LLC to discuss car accident cases, rideshare accidents, and the importance of having good insurance and enough insurance coverage.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss debt collection harassment, credit report problems, and deceptive business practices. Consumers have tons of state and federal protections when it comes to consumer financial rights.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss the steps you should take if you've been involved in a car accident.
Attorneys Taylor Kosla and James Parr join Vsam1040 Chicago LLC to discuss abuse and abandonment cases at nursing homes. Some of the most common types of abuse and abandonment cases are falling, ulcers, and other injuries. Learn more about some of the red flags you should be looking for to make sure your loved one is protected.
Attorneys Taylor Kosla and Michael Agruss join Vsam1040 Chicago LLC to discuss three different car accident cases they've handled and what people can learn from each case. The two most important things you can do to protect yourself are to maximize your insurance and hire a lawyer right after an accident.
In this episode, Ryan Schwartz, Seth Dobrin, and Michael Agruss sit down for a special podcast interview.
Today, Agruss Law Firm attorney Michael Agruss speak with Azin and Steve from Team Rehab. Team Rehab is a network of therapist-owned outpatient physical therapy clinics in Michigan, Illinois, Indiana, Wisconsin, and Georgia. Azin is a Business Development Manager at Team Rehab and Steve is a Clinic Director, Partner, and Regional Manager at Team Rehab. We discussed physical therapy after car accidents, insurance, and best practices if you have a soft-tissue injury.
If you are injured in a car accident, you should hire an attorney. Some people think that settling the claim themselves will net them more money but this is not the case. The insurance carrier will offer a minimal amount of money to resolve the claim. Insurance carriers often do this days after the accident to sway people into taking a low-ball offer. Hiring the right attorney will ensure that no money is left on the table. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Pain and suffering refer to the severity of your injuries, the pain of your injuries, and the expected duration of that pain. There is no formula to calculate pain and suffering. What is important is that you get the medical treatment that you need for your injuries. There is a presumption that the more severe the injury, the more treatment is needed to rehabilitate the injury. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Regardless of how minor the car accident was, you should consult with an attorney to see if you should pursue a case. Agruss Law Firm will provide you a no-obligation free consultation to discuss your claim. We are here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
You should hire a personal injury attorney right away. Time is of the essence because when you seek medical treatment for the injuries you sustained in the car accident, those medical providers want to be paid for treating you. A personal injury attorney will work with your providers to ensure you are getting the treatment that you need and that the bills will be taken care of as a part of the settlement. This will put a stop to bills to the client receives and prevent the client from being sent to collections. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Pain and suffering refer to the severity of your injuries, the pain of your injuries, and the expected duration of that pain. There is no formula to calculate pain and suffering. What is important is that you get the medical treatment that you need for your injuries. There is a presumption that the more severe the injury, the more treatment is needed to rehabilitate the injury. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Regardless of how minor the car accident was, you should consult with an attorney to see if you should pursue a case. Agruss Law Firm will provide you a no-obligation free consultation to discuss your claim. We are here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
You should hire a personal injury attorney right away. Time is of the essence because when you seek medical treatment for the injuries you sustained in the car accident, those medical providers want to be paid for treating you. A personal injury attorney will work with your providers to ensure you are getting the treatment that you need and that the bills will be taken care of as a part of the settlement. This will put a stop to bills to the client receives and prevent the client from being sent to collections. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
If you got into a car accident that was not your fault, you have a right to hire a lawyer, and you should hire a lawyer. You may assume that because you did not cause the accident, everything will work out in your favor. That’s not the case. Insurance companies want to minimize their payouts, and therefore, will minimize your claim. While you do not need to seek legal counsel, a car accident lawyer will protect your rights and maximize your recovery. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
If you are injured in a car accident, you should hire an attorney. Some people think that settling the claim themselves will net them more money but this is not the case. The insurance carrier will offer a minimal amount of money to resolve the claim. Insurance carriers often do this days after the accident to sway people into taking a low-ball offer. Hiring the right attorney will ensure that no money is left on the table. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
The Fair Credit Reporting Act or FCRA is a federal law that protects consumer's information in their credit report. Under the FCRA, consumers are entitled to statutory damages up to $1,000 and actual damages for anything that they can prove caused them damages as a result of the inaccurate information. The Fair Credit Reporting Act also has a fee shift provision, which means the credit bureaus and furnisher is responsible for our attorney's fees and costs. The consumer never pays our attorney's fees and costs. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If the credit bureaus do not fix or remove inaccurate information from your credit report after you disputed the information, the credit bureau, and maybe the furnisher, violated the Fair Credit Reporting Act. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Tell the credit reporting company, in writing, what information you think is inaccurate. We help consumers dispute inaccurate information in the credit report all of the time FOR FREE. Tell us what is inaccurate, why it's accurate, give us evidence to prove it's inaccurate and we will send a dispute letter to all 3 credit bureaus. If the inaccuracy is not fixed, we will sue the bureaus under the Fair Credit Reporting Act. The bureaus will then fix your credit report, you receive money damages, the credit reporting agencies will pay our fees and costs. You will not pay us a penny. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
- Personal Information Errors: personal information errors include incorrect name, misspelled name, or incorrect contact information. 2. Mistaken accounts: There are situations when a retail credit card or loan may be opened under your name, but you actually were not involved. It may happen due to clerical error or identity theft. 3. Account Reporting Errors: Errors may happen in the actual status of your accounts, too. Among all these inaccuracies, missed and late payment dates are one of the most alarming. If taken for granted, you may end up defaulting on your payments. Even worse, these errors can cut back your credit rating significantly.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance, or is greater than seven years old, you can file a dispute. You should always dispute inaccurate in your credit report and we can help you do it FOR FREE. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Your credit report contains a ton of information about your credit management practices. Loans, credit cards, bankruptcies, collection accounts, credit inquiries, and other information commonly appear on credit reports and are used as a basis for your credit score, which is a key part of whether you get approved for credit. Because this information is so important when you apply for a loan or credit card, it's important that all the information on your credit report is accurate. If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, we can dispute them and have them removed. However, if they are a result of missed payments on accounts you own, disputing them will not change your credit file. Even if it turns out the negative information is accurate, we can still help you settle the debt and likely get it removed from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Your credit report contains a ton of information about your credit management practices. Loans, credit cards, bankruptcies, collection accounts, credit inquiries, and other information commonly appear on credit reports and are used as a basis for your credit score, which is a key part of whether you get approved for credit. Because this information is so important when you apply for a loan or credit card, it's important that all the information on your credit report is accurate. If you believe any account information is incorrect, you should dispute the information to have it either removed or corrected. If, for example, you have a collection or multiple collections appearing on your credit reports and those debts do not belong to you, we can dispute them and have them removed. However, if they are a result of missed payments on accounts you own, disputing them will not change your credit file. Even if it turns out the negative information is accurate, we can still help you settle the debt and likely get it removed from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
When you take out a loan, credit card, or any other form of credit, usually you must agree to make timely payments on your account.
If you don't make your payments on time, your account will eventually become past due and—if you miss enough payments—fall into default. If you default on a credit account, an apartment lease or another type of service, the creditor may assign your debt to a third-party debt collector, or collection agency. These companies attempt to collect debts from consumers whose accounts are in default with their original creditors. Collection agencies are allowed to report your collection accounts to the three credit reporting companies, Experian, Equifax and TransUnion.
The debt collector will likely contact you by phone or letter asking that you make payments to them to satisfy the debt. When you make payments to the debt collector, they will keep a portion of the amount as their fee and return the rest to the original creditor. Once your collection has been paid off, your credit reports will be updated to show the account has been paid and reflect the new zero balance.
Collection accounts, like most negative credit report entries, can remain on your credit reports for up to seven years from the date your account first became delinquent with the original creditor. Collections can cause your credit score to suffer. When you settle a debt with a collection agency, we can help try to get that account removed from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
When you take out a loan, credit card, or any other form of credit, usually you must agree to make timely payments on your account.
If you don't make your payments on time, your account will eventually become past due and—if you miss enough payments—fall into default. If you default on a credit account, an apartment lease or another type of service, the creditor may assign your debt to a third-party debt collector, or collection agency. These companies attempt to collect debts from consumers whose accounts are in default with their original creditors. Collection agencies are allowed to report your collection accounts to the three credit reporting companies, Experian, Equifax and TransUnion.
The debt collector will likely contact you by phone or letter asking that you make payments to them to satisfy the debt. When you make payments to the debt collector, they will keep a portion of the amount as their fee and return the rest to the original creditor. Once your collection has been paid off, your credit reports will be updated to show the account has been paid and reflect the new zero balance.
Collection accounts, like most negative credit report entries, can remain on your credit reports for up to seven years from the date your account first became delinquent with the original creditor. Collections can cause your credit score to suffer. When you settle a debt with a collection agency, we can help try to get that account removed from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If you have a collection account on your credit report that you believe doesn't belong to you, you should file a dispute right away to have it removed. The process for filing a dispute is relatively simple and generally starts with you pulling your credit reports, which you can do for free at AnnualCreditReport.com. If you have any issues pulling your credit report, we can help you do it.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance, or is greater than seven years old, you can file a dispute. If the collection account turns out to be accurate, we can help you settle the debt, and try to get the account deleted from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If you have a collection account on your credit report that you believe doesn't belong to you, you should file a dispute right away to have it removed. The process for filing a dispute is relatively simple and generally starts with you pulling your credit reports, which you can do for free at AnnualCreditReport.com. If you have any issues pulling your credit report, we can help you do it.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance, or is greater than seven years old, you can file a dispute. If the collection account turns out to be accurate, we can help you settle the debt, and try to get the account deleted from your credit report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If you’ve had a financial setback, like a job loss that led to missed payments and accounts in collections, you might wonder how long it will affect your credit. Debt can remain on your credit reports for about seven years, and it typically has a negative impact on your credit score for that long too.
It takes time to make that debt disappear. Fortunately, the debt will have less influence on your credit score over time — and will even fall off your credit reports eventually.
How long a collection stays on your credit report depends on the type of loan you have. Derogatory items may stay on your credit report for 7 to 10 years or more, according to the Fair Credit Reporting Act. But here’s the good news: As they age, negative items have less of an impact on your credit scores. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Tell the credit reporting company, in writing, what information you think is inaccurate. We help consumers dispute inaccurate information in the credit report all of the time FOR FREE. Tell us what is inaccurate, why it's accurate, give us evidence to prove it's inaccurate and we will send a dispute letter to all 3 credit bureaus. If the inaccuracy is not fixed, we will sue the bureaus under the Fair Credit Reporting Act. The bureaus will then fix your credit report, you receive money damages, the credit reporting agencies will pay our fees and costs. You will not pay us a penny. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Normally, collections are disputed because the debtor believes they are incorrect for some reason. For example, if you review a copy of your credit report and you see a collection account that you believe belongs to another person, has an incorrect balance, or is greater than seven years old, you can file a dispute. You should always dispute inaccurate in your credit report and we can help you do it FOR FREE. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If you’ve had a financial setback, like a job loss that led to missed payments and accounts in collections, you might wonder how long it will affect your credit. Debt can remain on your credit reports for about seven years, and it typically has a negative impact on your credit score for that long too.
It takes time to make that debt disappear. Fortunately, the debt will have less influence on your credit score over time — and will even fall off your credit reports eventually.
How long a collection stays on your credit report depends on the type of loan you have. Derogatory items may stay on your credit report for 7 to 10 years or more, according to the Fair Credit Reporting Act. But here’s the good news: As they age, negative items have less of an impact on your credit scores. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
If the credit bureaus do not fix or remove inaccurate information from your credit report after you disputed the information, the credit bureau, and maybe the furnisher, violated the Fair Credit Reporting Act. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
- Personal Information Errors: personal information errors include incorrect name, misspelled name, or incorrect contact information. 2. Mistaken accounts: There are situations when a retail credit card or loan may be opened under your name, but you actually were not involved. It may happen due to clerical error or identity theft. 3. Account Reporting Errors: Errors may happen in the actual status of your accounts, too. Among all these inaccuracies, missed and late payment dates are one of the most alarming. If taken for granted, you may end up defaulting on your payments. Even worse, these errors can cut back your credit rating significantly.
The Fair Credit Reporting Act or FCRA is a federal law that protects consumer's information in their credit report. Under the FCRA, consumers are entitled to statutory damages up to $1,000 and actual damages for anything that they can prove caused them damages as a result of the inaccurate information. The Fair Credit Reporting Act also has a fee shift provision, which means the credit bureaus and furnisher is responsible for our attorney's fees and costs. The consumer never pays our attorney's fees and costs. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
You can get a free copy of your credit report every 12 months from annualcreditreport.com. Federal law allows you to get a free copy of your credit report every 12 months from each credit reporting company to ensure that the information on all of your credit reports is accurate and up to date. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
You can get a free copy of your credit report every 12 months from annualcreditreport.com. Federal law allows you to get a free copy of your credit report every 12 months from each credit reporting company to ensure that the information on all of your credit reports is accurate and up to date. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
To ensure that there is nothing inaccurate. You want to regularly check it and address any issue right away. You don’t want to be in a position where you are applying for a car loan or mortgage and are denied a loan or receive a higher interest rate because of inaccuracy on your report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Review your credit report line by line from the addresses and telephone numbers associated with you to the inquiries listed on your credit report. Reviewing credit reports helps you catch signs of identity theft early so you want to make sure all the information on your credit report belongs to you. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
After you send a dispute letter, the credit bureaus have 30 days to investigate the items in question. They must forward all the relevant information you provide to the organization that is furnishing that information to your credit file. The furnisher must then investigate the dispute and report the results back to the credit bureau. When the investigation is complete, the credit bureau must provide you the results in writing. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
After you send a dispute letter, the credit bureaus have 30 days to investigate the items in question. They must forward all the relevant information you provide to the organization that is furnishing that information to your credit file. The furnisher must then investigate the dispute and report the results back to the credit bureau. When the investigation is complete, the credit bureau must provide you the results in writing. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Review your credit report line by line from the addresses and telephone numbers associated with you to the inquiries listed on your credit report. Reviewing credit reports helps you catch signs of identity theft early so you want to make sure all the information on your credit report belongs to you. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
You should dispute any inaccurate information contained in your credit report. You can do this by sending a written dispute to each credit bureau about what is inaccurate. This dispute letter should contain identifying information about you such as your name and address, a description of what is inaccurate on your credit report, and why it is inaccurate. If you have evidence or documentation to show why the information is inaccurate, you should include that with your dispute letter. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
To ensure that there is nothing inaccurate. You want to regularly check it and address any issue right away. You don’t want to be in a position where you are applying for a car loan or mortgage and are denied a loan or receive a higher interest rate because of inaccuracy on your report. We’ve helped thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
You should dispute any inaccurate information contained on your credit report. You can do this by sending a written dispute to each credit bureau about what is inaccurate. This dispute letter should contain identifying information about you such as your name and address, a description of what is inaccurate on your credit report and why it is inaccurate. If you have evidence or documentation to show why the information is inaccurate, you should include that with your dispute letter. We’ve help thousands of consumers with debt collectors and credit report problems. Contact Agruss Law Firm today to learn about your consumer rights.
Yes, that's why people have car insurance. Keep in mind that you are not actually going after the at-fault driver personally. You are pursuing a claim against their insurance company. Oftentimes, we can settle your car accident case pre-suit, which means without filing a lawsuit. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
To get the most money from your car accident case it is important that your injuries and damages are well documented. If you are in pain or need treatment, get it right away. A delay in treatment or gap in treatment will oftentimes diminish your case value. You should always follow your doctor's advice, including getting the medical treatment you need to get your life back to normal. Next, make sure you hire the right personal injury lawyer. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
To get the most money from your car accident case it is important that your injuries and damages are well documented. If you are in pain or need treatment, get it right away. A delay in treatment or gap in treatment will oftentimes diminish your case value. You should always follow your doctor's advice, including getting the medical treatment you need to get your life back to normal. Next, make sure you hire the right personal injury lawyer. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Every car accident settlement is different and usually comes down to your damages. There are medical, occupational, and property damages. Medical damages are included in a personal injury claim. Medical damages include the cost of your past and future medical treatment. Occupational damages are lost wages and loss of earning capacity. Property damages include vehicle damage. Then, the trickier part is determining your non-economic damages such as pain and suffering and loss of enjoyment of normal life. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
The at-fault driver's insurance company usually pays for the vehicle repairs in an accident. However, if the at-fault driver's insurance is delaying the claim, then we can ask your own insurance company to pay for your car repairs and your insurance company will have a subrogation claim against the at-fault driver's insurance company. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Yes, that's why people have car insurance. Keep in mind that you are not actually going after the at-fault driver personally. You are pursuing a claim against their insurance company. Oftentimes, we can settle your car accident case pre-suit, which means without filing a lawsuit. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Every car accident settlement is different and usually comes down to your damages. There are medical, occupational, and property damages. Medical damages are included in a personal injury claim. Medical damages include the cost of your past and future medical treatment. Occupational damages are lost wages and loss of earning capacity. Property damages include vehicle damage. Then, the trickier part is determining your non-economic damages such as pain and suffering and loss of enjoyment of normal life. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
The first thing you should do after an accident is call 911. If someone is injured, you'll want them to get medical attention right away. You'll also want the police to make a report of the accident so that there is documentation of the occurrence. Do not talk to any insurance company until you've spoken with a lawyer. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
The at-fault driver's insurance company usually pays for the vehicle repairs in an accident. However, if the at-fault driver's insurance is delaying the claim, then we can ask your own insurance company to pay for your car repairs and your insurance company will have a subrogation claim against the at-fault driver's insurance company. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
You need to be careful about the information you provide to an insurance company, even your own, after a car accident. Keep in mind that the primary goal of an insurance company is to pay out as little money as possible. You should not tell the insurer that you feel ok or that your injuries are minor. Even if you think that might be true, some injuries do not appear right away and can turn out to be more serious than expected. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Car accident lawyers work on a contingency fee which is a portion of the total settlement amount. At Agruss Law Firm, our fee is 1/3 and that will never change throughout the case. Some firms will take 50% if the case goes to trial. Our 1/3 contingency fee never changes. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Car accident lawyers work on a contingency fee which is a portion of the total settlement amount. At Agruss Law Firm, our fee is 1/3 and that will never change throughout the case. Some firms will take 50% if the case goes to trial. Our 1/3 contingency fee never changes. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
If someone hits your car, it is likely that they are liable for the accident. If they have insurance, their insurance company will handle the property damage and personal injury claim. If the other driver does not have insurance, then you may pursue a claim against your own insurance company. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
If someone hits your car, it is likely that they are liable for the accident. If they have insurance, their insurance company will handle the property damage and personal injury claim. If the other driver does not have insurance, then you may pursue a claim against your own insurance company. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
You need to be careful about the information you provide to an insurance company, even your own, after a car accident. Keep in mind that the primary goal of an insurance company is to pay out as little money as possible. You should not tell the insurer that you feel ok or that your injuries are minor. Even if you think that might be true, some injuries do not appear right away and can turn out to be more serious than expected. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
If you got into a car accident that was not your fault, you have a right to hire a lawyer, and you should hire a lawyer. You may assume that because you did not cause the accident, everything will work out in your favor. That’s not the case. Insurance companies want to minimize their payouts, and therefore, will minimize your claim. While you do not need to seek legal counsel, a car accident lawyer will protect your rights and maximize your recovery. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
The first thing you should do after an accident is call 911. If someone is injured, you'll want them to get medical attention right away. You'll also want the police to make a report of the accident so that there is documentation of the occurrence. Do not talk to any insurance company until you've spoken with a lawyer. Agruss Law firm is here to help you if you’ve been injured in a car accident. We will help you with the insurance adjusters, your medical bills, your property damage claim, your lost wages, your treatment, and any other concerns you have.
Mike Agruss sits down with Marion Ruthig, founder and executive director of Inside Out Club DuPage, to discuss how Inside Out Club empowers kids ages 3-12 to live life with good character. You’ll learn about Inside Out Club’s story, mission and vision, and how individuals, families, and businesses can get involved to help today’s youth.
Today, Agruss Law Firm attorney Taylor Kosla is talking with Mario Casciaro. Mario is an attorney for the Law Office of the Cook County Public Defender and specializes in post-conviction cases. Wrongfully convicted of murder himself, Mario spent his time in prison preparing to dedicate his life to helping others and fixing the justice system that put him behind bars.
My name is Rachael Mitchell and I am a legal assistant at Agruss Law Firm and I started in the winter of 2020.
The thing that I like most about personal injury cases is helping the clients in their time of need. I've personally been in a couple of wrecks and it's a really scary situation so being somebody that can help support a client through a really scary time is important.
The thing that I like the most about consumer rights clients is helping to educate them on what their rights are when it comes to working with debt collectors and that kind of thing. It can be really awkward situations that they're dealing with and a lot of times they don't realize that they've got rights when it comes to dealing with these companies.
The thing that I like the most about plaintiff's work is making sure that the little guy has a voice and that we can do what's right by the law in solving the problems that we encounter.
My favorite animal is a ferret. The app that I use the most is Spotify. My favorite food is Italian food, I love pasta. My perfect vacation would be a dream vacation at Bora Bora. Weekends are for fun. They are always varied, always with friends and family, just trying to relax and have a good time. If I were not a legal assistant, I would probably be a nurse like my mom. My favorite book is The Phantom Tollbooth by Norton Juster. My favorite movie is probably the animated Beauty and the Beast.
Working at Agruss Law Firm is a lot of fun. It's a great team environment and we really do put people first so every day is different. It keeps me on my toes and I love the variety.
My name is Taylor Kosla and I am a partner at Agruss Law Firm. I started in August, 2017, after three years of practicing, I was named partner in February, 2021. Personal injury clients come to our office in a time of need, and sometimes desperation, something devastating happened to them. We can provide clients with peace of mind by ensuring them that we are here to help. We are in this together, and we will take care of them. We are a fast-acting law firm. We are responsive to our clients, and maintain open lines of communication. Our sense of urgency is part of what makes us different from other law firms. We put people first, and we make sure we get our clients the compensation they deserve. Our consumer rights practice is a national practice so we can help people from the East Coast to the West Coast. There are laws in place to protect consumers, and not everyone knows these rights exist and certainly not everyone knows or even believes that our clients never pay us a penny.
Several consumer rights statutes contain a fee shift provision, which means that if we prevail, the defendant must pay our attorney's fees and costs. Our consumer clients appreciate the work that we do, and that makes my job rewarding. What I like most about plaintiff's work is getting to know our clients, understanding the facts of what happened, and how the occurrence affected our client. As an attorney, we are given a set of facts, and it is our job to create a timeline and story of events. We must put ourselves in the shoes of our client, whether that be at the scene of the accident, or months after at home learning how to adapt to a disability. Having had a family member sustain a life-altering injury, I can relate with my clients and their family members, and this fuels my passion for what we do, putting people first.
My favorite animal is a dog. The app I use most is Apple News. It's hard to say what my favorite food is, because it depends on what I have a taste for, but generally I like steak and seafood. I love to travel, and Florida is one of my favorite places to escape to, because you can go to the beach, play golf, and eat at great restaurants. I like my weekends like I liked my weekdays, which is busy. I like being outside, whether that's going for a run along the lake, golfing, or skiing. I spend time with family members and friends. I love having people over to cook for and to try new recipes with. Since I was born, I knew I would be a lawyer or a doctor. I learned early on that I did not care for science, which made it easy for me to pursue a career in the law. My job is perfect for someone with a passion for the law and medicine, because these two areas coincide with personal injury and medical malpractice cases.
I enjoy reading John Grisham books, and I've acquired quite a collection over the years. I'm always up for watching a new movie, but generally I enjoy the classics like Goodfellas and Father of the Bride. At Agruss law firm, we are a hardworking team of people who are determined to maximize results for our clients. Each member of our firm plays an important role in the success of our practice. Our focus is to ensure that we are available to communicate with our clients, and to ensure they have the representation they need. We are dedicated to putting the needs of our client first above all.
My name is Jim Parr. I've been an attorney here since 2016, and I recently became a partner. Unfortunately, the insurance industry's goal is to pay someone as little as possible, not what's fair to someone that's been injured. What I like most about personal injury cases is the ability to maximize a client's settlement recovery so that they are adequately and fairly compensated. Most of the people that contact our office are usually not even aware of the many consumer rights laws that exist. They usually just have a sense that they've been wronged somehow. And they're usually right. So, I'm always happy when I'm able to tell a potential client that yes, we'll be able to help you and explain their rights to them. When you're a plaintiff's attorney, that usually means that you are representing actual people and small businesses. Banks, other lenders, and large corporations, they have their own armies of attorneys. Representing individuals and small businesses is rewarding to me because I'm helping to level the playing field a little bit.
We recently adopted a Rat Terrier named Penny. She had been abandoned. So, Penny is my favorite animal. I hate to admit it, but Instagram is the app that I use most. I love those memes. Oh, this is a hard one. My favorite food. I would say pizza. There's such a big variety here in Chicago. My perfect vacation would either be somewhere on a nice beach or snowboarding in the mountains. Weekends are hopefully for a little bit of relaxation. What would I be if I wasn't a lawyer? I really don't know. My favorite book, that's easy, the dictionary. My favorite movie, that's another tough one. All I can tell you is that I watched Die Hard on Christmas. What is it like to work at Agruss Law Firm? Well, we all work together as a team really well, and obviously, that's important and allows us to serve our clients better.
My name is Jackie Laino. I started at Agruss Law Firm in 2015. I was hired as a paralegal. What I like most about personal injury cases is helping people in their time of need. What I like most about consumer rights cases is being able to help people all throughout the country. What I like most about doing plaintiff's work is that each case is different and unique in its own way. My favorite animal would have to be a dog. The app that I use most would have to be Spotify. I use music as a stress reliever on a daily basis. My favorite food is anything Italian. My perfect vacation is somewhere on a beach. Weekends are for relaxing with family and friends. If I were not a paralegal, I would be a detective. My favorite book is Girl on the Train by Paula Hawkins. My favorite movie is My Cousin Vinny with Joe Pesci. The atmosphere at Agruss Law Firm is very open and easygoing. I enjoy coming into the office every single day.
My name is Simerdeep Kaur; everybody calls me Simer. I'm an attorney at Agruss Law Firm, and I started in November 2020.
I love that personal injury is very state-specific. This is my first year practicing law, and every time we get a new personal injury case, I get to learn more about Illinois state law, which is really cool to me. I also love the intimacy of it. I know that's a weird word to use, but each client has been through something awful; this injury or accident happened to them. Throughout our client-attorney relationship, we get to build trust, we get to communicate, and we get to make the client whole again, which is always the goal with any personal injury case. I really love that.
What I like most about consumer rights clients is they're very grateful and they're very eager to learn. As opposed to personal injury law, which is very state-specific practice, consumer rights law is dictated by a handful of federal statutes, so it's a national practice. I can be here and I can help anybody in America. When you start thinking about it, everybody in the world, everybody in America, is a consumer, but very few people know about their rights. When we're able to get a favorable verdict or settlement for our client, they're super grateful, because they didn't even think that was a possibility. Every time we handle a client's consumer rights case, they're a more informed and educated consumer.
What I like most about plaintiff's work is I get to advocate for people that have been injured physically or economically. I've always been passionate about advocating for people. Doing plaintiff's work allows me to shift power back to people. Usually we think of these large institutions, or these people that have all the power, and I sleep better at night knowing I can give, even if it's a little bit of power, back to the people.
My favorite animal is a cat. I used to think I was a dog person, and then I got a cat. Cats are so fiercely independent, so I am definitely a cat person now. The app I use the most is definitely Twitter.
My favorite food is seafood. I also love anything that's spicy. I'll give anything a try once. Weekends are for relaxing, they're for rejuvenating, and self-care. If I was not a lawyer, I would be on HGTV flipping houses. My favorite book is "Rich Dad, Poor Dad," by Robert Kiyosaki. My favorite movie has to be "The Notebook." I watched it for the first time in 2021, and I was mad at myself that I went 27 years without watching "The Notebook," because I love the movie.
Working at Agruss Law Firm is comfortable; it feels like home, almost. I'm so glad I was able to find this position right out of law school. I get to work under some amazing attorneys that have made it so easy for me to learn some areas of law that are kind of complicated. They are always open to me asking questions, even when I feel like, "These are dumb questions," but it feels comfortable, and I'm glad I've found that at Agruss Law Firm.
UDAAP is an acronym and it stands for unfair, deceptive, abusive acts and practices. Every state has their own UDAAP law and UDAAP laws became important after the 2008 financial crisis. Under each state's UDAAP law, and each state is slightly different, consumers have the right to go after big companies for deceptive practices, unfair practices, false advertising. So for example, most of my clients we help under UDAAP statutes, we're going after cable companies, internet companies, security systems, cell phone providers, getting people money damages for their out-of-pocket costs. And then the state UDAAP statutes have what's called a fee shift provision, so the other side who we're suing, pays our fees and costs. Our clients don't pay us a dime.
The main issues people have with security systems are installation issues and service issues. Technicians will come to their house, sometimes they'll damage their property, or the system is not even installed correctly, and yet they're paying the monthly fee to have that service. Other times we'll see security systems installed correctly, but the service doesn't work.
We've been helping out a lot of clients recently who've had issues with ADT, or Vivint, and some of the other security system companies. And consumers throughout the country are protected under UDAP statutes. And UDAP stands for unfair deceptive acts and practices and, under these laws, consumers can get money damages back. And there's a fee shift provision so that means the other side pays our fees and costs.
So when clients come to us with security system issues, we help them. We help them resolve the issue. They get money damages. And the other side pays our fees and costs, so our clients never pay us a penny for our time.
Consumers are protected under various state and federal laws when it comes to rent-to-own companies. Some of the biggest rent-to-own companies are Aaron's and Rent-A-Center. There are laws to protect consumers in every state, and these laws are oftentimes called UDAP laws. What that stands for is Unfair, Deceptive, Abusive Acts and Practices.
Under various UDAP statutes consumers are entitled to money damages, and there's what's called a fee shift provision. That means our fees and costs are paid for by the other side. So if you're being harassed by a rent-to-own company, and they are some of the most aggressive companies I've seen go after consumers, whether it's harassing phone calls, contacting family, friends, or neighbors, you can contact my office.
We will immediately get the harassment to stop, and not only are you entitled to money damages but based on the fee shift provision these rent-to-own companies have to pay my fees and costs, so you're not going to owe me a penny for my time.
People have many issues with rideshare accidents because there's so many insurance companies involved. When you're a passenger in an Uber or a Lyft, you're dealing with both Uber and Lyft's insurance. You're also dealing with the driver of the car that you're in, that person's insurance policy, and if there's another car involved, that person's insurance policy could be at play, as well as your own insurance policy if you have your own insurance. You can also claim damages for uninsured or under-insured motorist coverage, so what we help our clients out with is figuring out who's at fault, figuring out whose insurance is going to pay, and we make sure that our clients are fully compensated at the end when they're involved in a rideshare car accident.
Hi, Mike Agruss here at Agruss Law Firm. Our consumer rights practice helps people with debt collection, harassment, robocalls and credit report problems. Whether you owe the debt or not, we can help you and you'll never pay us a penny for our time. Under various state and federal laws, you have rights, and if those laws are violated, you're entitled to money damages and the other side pays our fees and costs. It's what's known as a fee shift provision. Contact us today by phone, text, email, or website live chat. We are here 24/7. We have over 1,000 5 star client reviews. We'd like to help you out today. Contact us. Thank you.
Hi, Mike Agruss here at Agruss Law Firm. Our consumer rights practice helps people with debt collection, harassment, robocalls and credit report problems. Whether you owe the debt or not, we can help you and you'll never pay us a penny for our time. Under various state and federal laws, you have rights, and if those laws are violated, you're entitled to money damages and the other side pays our fees and costs. It's what's known as a fee shift provision. Contact us today by phone, text, email, or website live chat. We are here 24/7. We have over 1,000 5 star client reviews. We'd like to help you out today. Contact us. Thank you.
We're using arbitration to help consumers all over the country, and what we're doing is we're using arbitration as a sword. And what I mean by that is oftentimes people see the negatives of arbitration, and believe me, there are several. For example, it's private, there's limited discovery. You don't have a judge overseeing the case. One of the good things about arbitration is this, it's inexpensive, it's fast, and it gives our clients leverage to go after big companies to solve their problems quickly.
So, oftentimes my clients are having problems with internet companies, cable companies, cell phone providers, security systems, all of which have arbitration clauses in the contract. We then sue these big companies in arbitration. It's inexpensive and it gets quick results for our clients. Our clients have leverage over these big companies because in order to fund the arbitration case, the big companies have to spend thousands of dollars to just file an appearance, and then they've got to pay their own lawyers to defend the case. And when you're talking about a case that doesn't have a lot of money in damages, but there is a valid claim, it gives us leverage and we settle these cases quickly. And our arbitration cases are all over the country. We're able to file them no matter where the consumer is located.
Your rights with employment background checks are protected under the Fair Credit Reporting Act. Employers oftentimes will do background checks on potential employees, especially in the gig economy. And what I mean by gig economy would be Uber, Lyft, DoorDash, companies where people are driving around delivering products or driving people from one place to another.
And these gig companies are doing employment background checks, and oftentimes, our clients have inaccurate criminal activity on their background report. They will come to us. They are protected under the Fair Credit Reporting Act. We dispute the inaccurate information and if it's not fixed, we go after the company reporting it. And under the Fair Credit Reporting Act, our clients are entitled to a fixed employment background report.
They're entitled to money damages and whoever's reporting that information is required to pay our fees and costs. So if you have a background check run on you and there's inaccurate information, you can contact us, we will dispute it for free. And if it's not fixed under the Fair Credit Reporting Act, we will go after that company, get it fixed, you're entitled to money damages, and that company pays our fees and costs, so you're not going to owe us a penny for our time.
Agruss Law Firm attorney Taylor Kosla addresses probate and estate planning with Colleen McNulty. Colleen is an associate attorney at Garofalo Law Group. During this video podcast, we discuss estate planning services, when to begin the estate planning process, wills, trusts and probate.
Today, Agruss Law Firm attorney Taylor Kosla is talking with John Wonais with DebtPros – Wonais Law. John is the managing partner of Wonais Law in Chicago, IL. John is an experienced bankruptcy attorney. During this video podcast, we discuss the basics of filing for bankruptcy, when a consumer should consider filing for bankruptcy, the benefits of filing for bankruptcy, the cost of filing for bankruptcy and an overview of the bankruptcy process.
Today, we are talking short sales with Grant Griffiths. Grant is the owner of The Short Sale Guy in Naperville, IL. Grant and his team offer real estate solutions for homeowners have financial issues. During this video podcast, we discuss some reasons why you would want to do a short sale, how bankruptcy and a short sale interplay with each other, what does a short sale mean for a buyer, can you negotiate a short sale, how long does a short sale takes, and much more.
My name is Erin Nutt. I am a legal assistant at Agruss Law Firm. I started at Agruss January of 2018 part-time while I was finishing school and then I came on full-time in August of 2019.
The thing that I like most about personal injury cases is being able to handle the paperwork and the headache for clients while they focus on getting better. Dealing with the insurance and the different companies can get very stressful and so being able to take care of that so they don't need to worry about it is the thing that I like most.
The thing that I like most about consumer rights clients is how grateful and appreciative they are to learn that they have rights too. Everybody goes through different things and just finding out that whether you owe the debt or not, that the big businesses aren't the only ones that have protections is very helpful for people and I love being able to teach them that and help them through those hard times.
The thing that I like most about doing plaintiff's work is being able to be a voice for people who need one.
My favorite animal is a dog. I love all dogs. The app that I use most is a combination of quite a few different games. I like watching the stock market and Facebook. My favorite food is cheese. Everything needs cheese on it. My perfect vacation would be the beach. Any beach, as long as it's warm. Weekends are for family and spending time together and sleeping. If I was not working at Agruss as a legal assistant, I would be working as a teacher. My favorite book is the Hunger Games series. My favorite movie of all time, hands down, is The Princess Bride. Nothing holds a candle to that.
Working at Agruss is really nice because of how well we all get along, the comradery. How everybody helps everybody. I never have to be scared to ask a question. If I don't know the answer, I know that I can go to any one of my colleagues and I'll get that answer.
Insurance with Tom Graceffa at Coyle Kyle Insurance Agency. We discuss home and renters insurance, auto insurance, business insurance, cybersecurity insurance, umbrella insurance, and business loss coverage during Covid-19.
Insurance with Tom Graceffa at Coyle Kyle Insurance Agency. We discuss home and renters insurance, auto insurance, business insurance, cybersecurity insurance, umbrella insurance, and business loss coverage during Covid-19.
Today’s zoom video podcast was with Brendan Shiller at Shiller Preyar Jarard & Samuels. We discussed: criminal law, marijuana, bail, and jail during Covid-19. Brendan is a lifelong resident of Chicago, Brendan has extensive experience in a variety of areas of law, including criminal defense, civil rights, immigration, zoning, and licensing.
My name is James Parr. I go by Jim. I'm an attorney here at Agruss Law Firm, and I have been here since 2016.
What do I like most about personal injury cases? Someone who has just been injured is often overwhelmed and their life has just been turned upside down. Their focus should be on getting treated for their injuries and getting their life back to normal. At Agruss Law Firm, we are able to give our clients some peace of mind that we're taking care of the rest. We're dealing with the insurance company and the other legal aspects of their case.
What's great is that most consumer rights laws are federal statutes. This allows us to help people across the country. Consumer rights issues affect nearly everyone in one way or another. Most of us have received unwanted robocalls. Many of us have had inaccurate information on our credit reports. Many people have had tough times financially and they're being harassed by their creditors and debt collectors for payment. Even if someone owes a debt, creditors and debt collectors still have to follow certain rules when they're attempting to collect these debts, and those rules are often violated and we are here to help.
The plaintiff's work that we do means that we represent regular people; regular people to go against big corporations, banks, debt collection agencies, and insurance companies. Most of these places have armies of lawyers at their disposal, and regular people often don't have the money to hire an attorney. Here at Agruss Law Firm, we represent clients on what's known as a contingency, which in simple terms means that we only get paid if our clients get paid. This sort of arrangement is often referred to as giving regular people the key to the courtroom.
Most animals are pretty cool, but I have to say that my favorite animal is Chance the Snapper. You might have to Google that one. The app I use most is Words with Friends. Yes, people still play that.
There are so many great restaurants here in Chicago with all different types of cuisine, but I'm going to have to say that my favorite food is pizza. It's hard to go wrong with pizza.
I try to go on a snowboarding trip once a year. Really, anywhere where I can relax and have fun. Weekends are for hopefully doing something fun, hopefully relax, and hopefully not too much work. But being a lawyer, sometimes that goes with the territory.
Working at Agruss Law Firm, it's great. Honestly, we all work very well together. The high level of teamwork allows us to effectively and efficiently work on our client's cases. Although Mike is the boss, he is involved with every case that we sign up.
I am Taylor Kosla. I'm an attorney at Agruss Law Firm. I started here in August 2017, after taking the Illinois Bar Exam. What I like most about personal injury cases is getting to know my clients. Building a relationship with them and having a rapport with them allows for me to understand who they are as a person and have a better understanding of how the accident or the injuries has affected them as a whole. This helps me be the best advocate that I can be for them.
What I like most about our consumer rights clients is how incredibly grateful they are for the services we provide. Most of our clients were faced with unforeseen circumstances and we have the ability to get them back on track. Our clients express their gratitude through email, over the phone and on reviews on our website. I can't tell you how many clients refer us to their family and friends because they are so pleased with their results. A referral is the best compliment an attorney can receive.
What I like most about doing plaintiff's work is fighting for the underdog and making a difference. Most of our clients, from the second they are injured or the second they accrue debt, the odds are against them and we are oftentimes the only people that can help them. For example, when someone's in an auto accident, immediately after, they're struggling with issues with their property damage claim and those issues maintain throughout the personal injury claim. I can ensure that my clients aren't taken advantage of by insurance companies.
So I have never had a pet, but I would have to say a dog is my favorite animal. I hope to have one, one day. And in the meantime, I enjoy when Mike brings his dogs into the office. The app I use the most is Apple News. I think it's a great source for news from various resources. I don't have a favorite food. It really depends on what I have a taste for. I like sushi and enjoy cooking and trying new recipes at home.
Most of my trips are filled with adventure, from skiing to sightseeing and tourist activities. My favorite vacation is to Florida, where I can play golf and spend the afternoons by the pool or on the beach. Weekends are for spending time with family and friends. I actually grew up in the suburbs of Chicago and I'm fortunate that most of my friends and family are in the area, which makes it easy to get together, to try new restaurants and play a round of golf together.
If I was not a lawyer, I would be a medical doctor. I learned in high school chemistry class that I did not care for science, which made it easy for me to pursue a career as a lawyer. I think being a lawyer and doctor are pretty similar in that the hustle and bustle of a hospital is similar to being in a law firm. I believe that doctors have a need to continuously learn and develop professionally, like we do at Agruss Law Firm. And, of course, doctors get to help people, which is why I love my job as an attorney.
I will read just about any John Grisham book and have accumulated quite a collection of his books over the years. I don't have a specific favorite movie, but I love a good Rom-Com such as The Proposal or How to Lose a Guy in 10 Days.
Working at Agruss Law Firm is like being part of a team. Mike is our coach, who will guide us along and provide us with the tools that we need to succeed. We succeed when our clients are happy. Every person at the firm has a role and there is pressure to perform and do their job to ensure that they don't let the team down and make sure that out clients are happy.
My name is Jackie Laino. I am a paralegal at Agruss Law Firm and I started with the firm in 2015. What I like most about personal injury cases is being able to help people in their time of need, really being able to guide them through the process and make their lives much easier during this difficult time. What I like most about consumer rights clients is we get a chance to help people all throughout the United States. So I really get a chance to meet a lot of different people in doing consumer rights cases. What I like most about doing plaintiff's work is being able to help people. And a lot of times plaintiff's cases are very different from each other, so that makes it very interesting. My favorite animal would have to be a dog. The app that I use the most would have to be Spotify.
I use that every single day. It's a great stress reliever for me. My favorite food is Italian. I grew up on Italian dishes, so anything Italian is what I love. My perfect vacation would be anything on a beach, warm weather with ocean views. Weekends are for hanging out with friends and family. When it's summertime in Chicago, I really like to get outside and do a lot of activities outdoors. If I were not a paralegal, I would likely be some sort of investigator. I think solving crimes would be a very rewarding job to have. My favorite book is Girl on the Train by Paula Hawkins. My favorite movie is My Cousin Vinny with Joe Pesci. The work environment at Agruss Law Firm is very open and welcoming. I really enjoy coming into the office every day and working as a team with my fellow coworkers.
I am Jane Abaravich. I am an associate attorney and I started at Agruss Law Firm in November of 2019. The thing I like most about personal injury cases is that no two cases are ever the same. Each case presents a new set of obstacles and problems, so it almost forces me to continue to sharpen my critical thinking skills, which I think is important as an attorney.
The thing I like most about consumer rights is that it gives individuals a voice to exercise their rights against big companies. A lot of individuals don't understand how many rights they do have when it comes to credit or harassment, so our clients are always very pleasantly surprised with the amount of help that we can provide for them.
I like being a plaintiff's attorney mostly because at the end of the day, I feel good about the work that I'm doing. I think it's important to understand who your clients are as an individual, as a person. I think if you can understand who your clients are, you can be a better advocate for them.
My favorite animal would definitely be a dog. If I had to pick just one, I'd go with Australian Shepherd. They're very energetic and intelligent and also very adorable. The app that I use the most would be Apple music. I'm constantly listening to music, especially while I'm working.
My favorite food would be steak and potatoes. My perfect vacation would be anywhere on a beach with warm weather. Weekends are for getting together with friends and family and socializing, finding new bars and restaurants in the city and just exploring Chicago overall.
I can't imagine doing anything other than being a lawyer and since I can remember, I've always wanted to be a lawyer, so I can't imagine any other job besides this one. My favorite book is Gone Girl by Gillian Flynn. I think I read that entire book in three days. My favorite movie is the 2013 version of The Great Gatsby.
At the risk of sounding extremely cheesy, I genuinely like coming to work each day. Agruss Law Firm has a very cohesive and welcoming environment. We do a lot of intense work without the intense stress that comes with it. So, it's a very enjoyable place to work.
In this podcast episode, Michael Agruss talks with special guest Shana Vitek. They discuss collaborative law, mediation, and litigated divorces.
When a loved one can no longer live independently, a tough decision must be made about the best option for care. Such a decision often must be made during a time of crisis, frequently when your loved one is ready to leave the hospital after a serious illness or operation. Illinois has approximately 1,400 longterm care facilities or nursing homes, serving more than 100,000 residents from the young to the elderly. Sadly, nursing home abuse and neglect, also known as elder abuse is far too common. The Illinois Department of Public Health's 24-hour a day nursing home hotline receives nearly 19,000 calls a year. And as a result, staff respond to more than 5,000 complaints per year.
In addition to federal laws, the safety and rights of nursing home residents in Illinois are protected under the Illinois Nursing Home Care Act. If you notice that your loved one exhibits any of the following, you should act immediately. Broken bones, bedsores, bruises, head injuries, dehydration or malnutrition, poor hygiene, soiled bedding, rapid weight loss, sudden agitation or emotional withdrawal, frequent crying or complaints of poor treatment, nursing home abuse and neglect can take many forms. Know the warning signs so you can better protect your loved ones. If you have any questions about nursing home abuse or neglect, contact us. We're here for you 24/7.
We help all of our clients involved in car accidents with their property damage claim. We will either help them get their car repaired, or if their car is totaled, we will help them get money to purchase a new car. Oftentimes, property damage claims, you're dealing with multiple insurance companies. Some of our clients have loans that exceed the value of their car, so we help clients bridge that gap. Some of our clients are fortunate enough to have gap insurance and we help them with the process of submitting their claim through their gap insurance coverage. So yes, we help all of our personal injury clients involved in car accidents with their property damage claim, and we do that free of charge.
We handle personal injury cases on a contingency fee, which means we don't get paid until our clients get paid. We also front all of the costs to litigate the case, so our clients don't have to pay us any money while we are litigating their personal injury case. We bear all of the risk and we handle it on a contingency fee, and we front all of the costs so we don't get paid until our clients get paid.
Mike: Welcome to the Agruss Law Firm video podcast. We are a different kind of law firm and that's on purpose. At Agruss Law Firm, we see you as a person and not just a client and that makes us better at what we do. We're not just lawyers and you're not just a client. We're friends, neighbors and family. This is a show about all things legalish that friends, neighbors and family want to know. This is season one episode two and today we're talking criminal law. Today's guest is Mark Galler, the owner of Mark Galler Law. Founded in November 2018, Mark focuses on criminal defense and civil litigation, primarily contract disputes and fraud. Mark, how are you?
Mark Galler: Great, Mike. Thank you so much for having me on. I appreciate the invite here and this is a really wonderful setup you have.
Mike: Yeah, thanks. Absolutely. I just started doing this video podcast and when I was thinking about doing it, I knew for sure, I would have someone on early on to talk criminal law. When I was in law school, I loved criminal law. I love criminal procedure. My wife and I are total junkies for Law and Order, Dateline. I love the documentary series, Making a Murderer and the Aaron Hernandez Show that also recently came out. Tell me a little bit about what you do at your firm.
Mark Galler: Yeah, thank you Mike. My firm has been in existence since November 2018. I primarily practice and I'd say about 80% of my practice is criminal defense. I handle everything from simple traffic violations up into, including homicide and class acts offenses, everything in between. I'd say the real nuts and bolts of my practice would involve cases of possession of firearms, illegal possession of a firearm, drug cases and also, DUI practice as well.
Mike: Okay, and I think you'd agree with me that I think criminal law and family law and I'm sure there's other areas of law that are sort of their own separate animal, right? Tell me the difference between a criminal case and a civil case, what's the difference?
Mark Galler: That's a great question and a lot of times, I get that even from my clients or people that don't really understand how criminal law works. Criminal law is initiated by a victim of a criminal offense. Someone that they were either harmed by and they felt that they have been wronged so they go to the police, they file a report or complaints with their local police departments and then the police from there will initiate the proper procedure of filing a formal report. Maybe if it's a felony level, they'll reach out to the local states attorney's department.
Mark Galler: They will look to see if the assistant states attorney, that's in charge of maybe felony review, thinks that there is enough evidence or proper procedure to bring in a case in front of either a grand jury or a preliminary hearing which is where the officers or other victims would come in to testify or witnesses would testify if there's enough probable cause to bring a case. It's really, where the government comes in and steps in to protect individuals who have been harmed and they try to set an example for anyone else looking to commit a crime and saying, "Hey, if you do this, these are going to be the repercussions and we're going to protect the citizens of our state or our government."
Mike: Okay, and you just briefly touched on it as far as like the process from the time someone is arrested until trial. Walk me through all of the stages from what happens from day one until trial.
Mark Galler: Exactly, so there's a couple of ways that the criminal case can be initiated. The crime could have already occurred and the individual might not have been caught yet, okay? What often happens is, if the victim has some idea of the identity of that individual or maybe there is a video recording at a store location or from someone's cellphone, they will then try to track that individual down. Try to look at the person's identity. If they can identify the person through visual quality or if they have a name and then they'll issue an arrest warrant and that is to bring in that individual to face the charges against them. If they were arrested on the spot of committing the crime, say, they were trying to break into a phone store and the police were nearby, somebody saw them breaking in and they arrested them on the spot, then formal charges would start at that point.
Mark Galler: Now, the way that the next step works is once you're arrested, they have a certain amount of time to bring you in for a bond hearing. Typically, it's the next day. If it's in the morning hours, they'll bring you in, in the afternoon at the same day, where you'll go in front of a judge and try to get a bond set and hopefully be released from custody. Custody is where you remain in the protection of the police. That's the first step. The second step then is, they have to bring you in front of either a grand jury which is roughly 16 members of the community that'll hear evidence and testimony from witnesses from police officers who will basically explain to the jury, under oath, what they saw.
Mark Galler: Try to prove that there is problem ... the government is trying to prove then through question that there's probably cause to bring a formal case against that individual.
Mike: Let me jump in there because I've got a quick question about that. Is there always a grand jury depending on what type of charge, whether it's state or federal or if it's like a minor DUI or I don't know if you would consider that minor but is there always a grand jury?
Mark Galler: Great question, no, it really only applies to felony level cases which is anything ... class four felony is the lowest level of felony in Illinois and that's because you can spend at least 366 days in jail or longer. What separates a misdemeanor from a felony is simply that. The highest level of misdemeanor is misdemeanor A and you could spend up to 365 days in jail there. What Cook County did specifically for the longest time was, they would go through a preliminary hearing, which affords criminal defense attorneys like myself the opportunity to go into court, with my client and then question the officer or witness, under oath.
Mark Galler: Then ultimately be able to argue to the judge that there is no probable cause to bring the case and try to get it dismissed at that point but it's easier for the state now to just skip that step, bring the evidence and the officers into court and essentially, feed them the questions that they need without opposition from somebody like me and their chances of getting the grand jury to indict the individual is extremely high.
Mike: When someone is indicted, what is the next step?
Mark Galler: After they're indicted, then if the individuals are already in custody, then they have to go through an arraignment process and that's where they are brought into court. They're formally read the charges that are being brought against them. They're told the possible punishment and jail time that they could face and from there, after that arraignment takes place, now, you're in a full-fledged case.
Mike: Got it, and during the full-fledged case, I know what it's like in a civil case when you go through the discovery process, you answer interrogatories or questions, you turn over documents, parties sit for depositions and I want to know what's the difference in that discovery phase in a criminal case, right, like are there depositions, do you answer written discovery? How does that work?
Mark Galler: Yes, absolutely, the very first thing at least I do and most ... I would say most attorneys do in the criminal setting is they file right away a motion for discovery and it's a multi-paged document where you're seeking certain pieces of evidence and while it's the state's responsibility and the government's responsibility to prove their case, you want to try to collect all the evidence you can to maybe find pieces of evidence that are missing or that part of an investigation that wasn't done correctly and then you can use that in your defense and there are certain items that we wouldn't have to turn over, even with the state asking us for particular materials. We wouldn't have to turn over to them to use that at trial unless we were actually going to use that at trial.
Mark Galler: There's a little bit of leverage that is provided to the defense side but yeah, immediately you file the motion for discovery and you start collecting evidence and I try to tell my clients, that could take a while, depending on the county you're in, especially, and the judge you're in front of. It might have certain deadlines and they set out a clear schedule for you right off the bat in terms of when production of discovery should be completed by and then from there, you're looking at what you have and what you can use and you potentially start doing motion practice and whether or not you need to bring in people for evidentiary depositions or you need to deal with experts.
Mark Galler: It could open up the floodgates, depending on the type of case and the documents and evidence that are being produced.
Mike: Got it. In a civil case, you can take a deposition of a witness. How does it work in the criminal case, if you have a witness and you want to get their testimony, what would be the next step?
Mark Galler: Absolutely, so what you could do is there's several avenues. You can utilize services of a private investigator. If your client has the funds and the means to do that, it's not always necessary. In more egregious cases, when you start getting up to the higher level felony cases or cases where your client is being wrongfully accused and I would highly recommend that in certain circumstances, absolutely. That's one way where you can try to get witness statements and eventually maybe bring those in by way of an affidavit later on because an affidavit then is a sworn statement, that's notarized.
Mark Galler: It becomes official or you could bring them in for evidentiary depositions which is where they would be giving testimony under oath which then you can use at trial, even if you bring them in as a witness to testify during a trial.
Mike: Okay, and after that discovery process or phase is done and you approach trial, what happens or what are some things that go on typically before a trial and your trial date.
Mark Galler: Excuse me, that's one thing to start moving pretty quickly. Once discovery is completed, and depending on whether or not you have motions to file and I keep saying motions for example, say, you have a gun case and by gun case, I mean, illegal possession of a firearm. Maybe they don't have their FOID card and they were walking around with a firearm and an officer spotted that and they weren't supposed to have this firearm on them. Depending on whether the officer conducted the stop properly, there could be motion to suppress evidence which is what's done most often in drug or gun cases to try to show that there maybe was probable cause or a reason for the officer to approach that individual.
Mark Galler: If they hadn't approached that individual, they wouldn't have found the firearms so you're trying to remove that firearm as evidence from the case because then, if the government doesn't have that piece of evidence it makes it much more difficult, sometimes impossible to prove their case moving forward at trial.
Mike: Okay, you bring up something interesting that I wanted to ask you. I look at part of this, we're going to talk criminal law, the procedure, how it all works and then I also am thinking of general questions that people always ask me, friends, family, neighbors, stuff like that and you just mentioned someone being stopped and they've got ... there's a search that police take over the gun and whether or not that can come in at trial. If a police officer stops you, should you talk to them?
Mark Galler: I always like to say, no, don't talk to them. Are you being respectful? Absolutely, you acknowledge their presence. You could be cordial, like you and I talking right now and you can have a normal conversation with them, give them your name, the basic information but if they start getting into details about the case, sorry about what you're doing there, or why you're sitting in your parked car, you don't need to directly respond to that. It creates ... The more you speak to an officer, the more you give them, the more evidence that is supplied to them to use in the case, if it's brought against you.
Mike: At what point during that conversation ... This is a twofold question, so what are your Miranda rights and at what point during that conversation, if you do decide to talk to the police, are the police required to read you your Miranda rights?
Mark Galler: Absolutely. If I give an example, it might make it a little bit more clear for those that might not understand the procedure. Let's say, we're dealing with a driving under the influence, a DUI case, all right. Say, you're sitting in a parked car, you're in a Target parking lot, you're lawfully parked between the lines, your car is off and you're hanging out in your car, maybe you have a friend with you and you're just sitting there. An officer approaches your vehicle. At that point, in your mind, you've done nothing wrong, right? The officer says, "Hey, why are you sitting here, what are you doing?"
Mark Galler: You're not doing anything illegal unless there's maybe a sign post that says you shouldn't be here past 10:00 but say, it's mid day on a Tuesday, when the stores are open, you're doing nothing wrong. You have to at least answer the officers but if they start saying, have you've been drinking, have you've been doing this or doing that, you respectfully decline to answer any questions because what happens at that point is you start opening the door or the window and they might start smelling an odor of alcohol and now, they're going to start using that information and then they're going to start using their standard language of, "He's got bloodshot, glassy eyes, an odor of alcohol upon his breath."
Mark Galler: Now, next thing you know, you're going to admit to drinking a beer or two, while that isn't illegal, it's now providing more and more information to the officer that you were drinking. They're going to start asking if you've been driving, where you came from and you might out of instinct answer where you came from, right? Now, he's got you out of the car, asking to do field sobriety tests which are tests to determine for the officer just probable cause to arrest you for a driving under the influence charge. Now, to answer your question, it's a subjective ... it's an objective question really, whether a person in a similar situation and the officer in that situation would think that the person has either committed a crime or was about to commit a crime.
Mark Galler: That's when they can arrest you, if that's the case. If those elements are met and you're arrested, any questioning after that, that isn't voluntarily, there should be Miranda rights read and the other part of your question was what are Miranda rights? The second part of that is, there's five Miranda rights that I'm sure everybody has heard, right? You have to an attorney. Anything you say can and will be used against you in the court of law. You have a right to a counsel with you. If you can't afford an attorney, one will be provided for you. At that point, if they're questioning you and you're under arrest, that becomes a constitutional issue, right?
Mark Galler: If they haven't read you your Miranda rights and they start asking questions, that's where that issue comes into play.
Mike: I was going to ask you this later on but you brought it up with the drinking, driving example. If you've been drinking and you think you're over the legal limit and you do get pulled over, what should you do?
Mark Galler: Well, if you had one of my business cards, I actually have on the back your rights and again, it goes back to being respectful. Always be respectful to the police. They're doing their job. They're trying to ensure the safety of yourself and others and if you know you've been drinking, if you know you've had too many, and they're going to be asking you if you've been drinking and I can't tell you to lie but you don't want to answer those questions so you respectfully decline to answer the questions or if you had a business card similar to mine, you hand that to the officer and then, if you don't even speak then they can't start using some this evidence saying, "Oh, I smelled an odor of alcohol."
Mark Galler: Well, they wouldn't be able to smell an odor of alcohol in your breath if you weren't actually talking to the officer, right? I mean, you presume unless somehow, you're opening up your mouth and the odor is actually coming out but you would respectfully decline field sobriety test. You respectfully decline all that and that's where it's going to get a little scary. They're going to arrest you, all right. They're going to take you into custody and they're going to take you to the station. You're going to be sitting at the police station for a while and they still might ask you to do certain things but if you don't give them the opportunity to collect that evidence, you're not obstructing justice if you're complying with them.
Mark Galler: If you respectfully are placed in custody and taken to station, nothing is going to happen, except the case of driving under the influence but then they don't have any evidence against you besides maybe what your eyes look like. Maybe if you had a sway in your walk to the car, a little gait, something that might be off. That's all they have. They don't have the full proof evidence to try to bring a DUI case against you.
Mike: I remember in law school, there was a difference between ... regarding Miranda rights, there was a difference in saying, I want to be silent and I want a lawyer. I don't know if that distinction still applies now or the case law applies but is it ... would it be ... sure in an ideal world, someone gets pulled over and they have your business card and they can pull it out without saying anything and show it to an officer, that would probably be your ideal situation. I would imagine that doesn't happen often. You get pulled over, you know you're drunk, can you simply say, I want my lawyer. I've heard that that's the four magic words you should say is I want my lawyer. Would you agree with that?
Mark Galler: I wish it worked that simply but yes, I mean, then it invokes another constitutional right of yours, the right to an attorney but at that point, I mean, you're not under arrest. There isn't a criminal proceeding against you. Unless you're under arrest, then that invocation of your rights would come into play but at that certain moment, the officer is going to be like, "Okay, great but I'm still going to have to get you out of the car," and then they could still ask you ... because at that point if you're not under arrest, having an attorney present isn't going to do anything. You need to respectfully decline it, let them place you under arrest and then, that's when you say, I want to speak to my lawyer.
Mike: You simply say, when they start asking you, have you've been drinking, you say ... what would you say?
Mark Galler: I mean, me personally, I would say, I respectfully decline to answer any questions and you could just keep saying, I want my lawyer. Sometimes, I've heard with police officers that that might ... depending on how you say it can be respectful. It might smooth things over if you try to refrain from saying that without ... just don't simply answer the questions, you say I respectfully decline to answer the questions.
Mike: Got it. Let's move on to searches and seizures. What's search and seizure? What's required? Do you always need a warrant? Let's talk a little bit about that.
Mark Galler: Okay, perfect, perfect and we could tie that back into, let's say an unlawful possession of a firearm and you're in a newer vehicle that's involved in a traffic stop, that the officers engage in a traffic stop. You have a constitutional right to protection of illegal searches and seizures by persons of authority, right? Whether that's Cook County sheriff or a Chicago police officer or an officer in your area. You have a protection and security from just invasion of those rights. What that means is, the only time you could be ... there's really three ways that an officer has the right, constitutional right to search, let's say your vehicle.
Mark Galler: Say, you're speeding down the road and they clock you going 85 and a 55. They pull you over for speeding and nothing else is going wrong. If they say, can I search your car and you say no, and they start searching your car, this is when these constitutional rights come to effect. There's two different ways that this could come into play. The first is called a terry stop. That's kind of the slang, legally sort of term that an officer has to see that, they reasonably thought a crime was being committed or that it had been committed. It's an investigatory stop where they're just trying to make sure that the person they're talking to is either an actual suspect of a crime committed or they've heard that this person was involved in a crime.
Mark Galler: They're just trying to make sure that they arrest the right person. When you get into probable cause to do a more thorough search of a vehicle like the speeding car or the car that had sped and they're searching the car for a firearm, they would have to have some sort of reasonable article of suspicion that they either saw this firearm or somebody maybe called in a 911 report and said, "Hey, this guy is waiving a gun at me. Here's his license plate, here's his car." That would rise potentially to the level that the officers can now search your vehicle because they have this eye witness testimony or if they saw the gun in person, same situation, that'll give them enough probable cause to know that there's ... that there could be more in the vehicle that they can actually end up searching the entire vehicle.
Mike: Okay, and while we're talking about searching cars, I remember from law school, I thought something that was interesting is searching apartments because you're oftentimes dealing with significant others, roommates, who has authority so who can give permission to search an apartment and in particular when you're dealing with multiple people living there. You could have a minor child, you could have a significant other, you could have a roommate so how does that work? The police shows up ... the police officer shows up and they want to search your apartment, who can consent to that?
Mark Galler: That's a great question. A lot of times people do with ... live with other roommates, maybe one, two, three or four are their roommates or they have like you said, their significant other over. Obviously, if it's your apartment or if it's your house, you can certainly give permission to search but if you have roommates that have ... that are part of a lease and everybody is on the lease or maybe they're paying you for rent, you can allow the police to go in to search at least your room and then the common areas. If your roommate's door is locked and the officers has no reason to believe that a specific or that individual has done anything wrong or illegal, you can't give permission to the police to search anyone else's room.
Mark Galler: There's a common mistake with the communication and maybe how much control they have over these different areas of the apartment if it's not your room. If it's your significant other for example and say, they're just visiting and you're in the back of a squad car and she's ... and then the officer says to he or she, yeah go ahead, I live here, go search the house, it's all yours. That's where a constitutional issue can come into play, whether or not that person actually had authority to do so. In that particular circumstance, that would not be the case.
Mike: Okay, let's talk about I guess what I would consider some sort of just like general legal terms that people have maybe heard that they don't know about. What's a bench warrant?
Mark Galler: A bench warrant is typically issued by a judge if an individual who maybe has a bond in place fails to show up to court and it's the way that a judge can control the individual by use of the county's sheriff's department to go out and say, this person is in direct violation of the court order. They're supposed to be in court today. They didn't show up. I'm issuing a bench warrant and let's say that's a $25,000 D amount. What that means is then that the sheriffs are going to go affect or take control of that warrant to go try to track down that individual and they can place him under arrest and now the only way they get out of custody typically is if they can pay 10% of that $25,000 so $2,500 or if they have an attorney or an excuse, maybe a medical emergency took place and an attorney came in and filed a motion to quash and recall that warrant, then they can avoid having to pay the 10% fee before getting out of custody.
Mike: What's the difference between bail and bond?
Mark Galler: Bail and bond are pretty synonymous. The difference would be bond is ... where maybe say you've got a bail bonds company that an individual can't afford to pay a bond or bail by themselves. They can go to a company that'll post that bond on their behalf and they would have to supply some sort of item of value, maybe it's a title to a vehicle. Something of actual value to ... that the title company can hold on to issue the bond. Really, it's the same thing. The amount that's set by a court, by a judge that is going to either ensure that ... that's going to ensure that you show up to court and it's kind of a security that'll keep you coming back.
Mike: Got it, and if you don't come back, what happens to that money?
Mark Galler: The money could be forfeited. There's times where clients just disappear and you don't hear from them again and you try to explain to the judge that you've reached out to the individual. They've come to court for year and a half and now, all of a sudden, you can't get a hold of them. Then, there's a ... the judge will give an opportunity to appear in court one more time. Say, it's two weeks out from the date that that warrant was issued, the bench warrant. You come to court in two weeks. Your client is still not there. Now, the judge is going to enter a judgment for bond forfeiture, which means then that ... there's that final date. If they don't show up on their final date, then your bond is forfeited and it goes to the county.
Mike: I've seen in the news recently, there seems to be a lot of new stories in Illinois and particularly nationally dealing with cash bail and people who can't afford it, who are sitting in jail, waiting for their trial date, especially for non-violent acts. Tell me a little bit about what this reform is and what people are trying to do to change it. In other words, it seems like if you have money to post bail, you don't have to wait for your trial date in jail but if you don't, you sit there and wait and I've read articles, I couldn't give you any numbers or statistics right now but it seems like, there's a lot of people sitting in jail for non-violent offenses who simply can't post bail or get a bond to get out. What is ... and I don't know how new it is but what's this movement and why is it getting so much attention?
Mark Galler: That's a really great question. Bond money was the way that a lot of attorneys would set up contractual agreements with their clients on how to get paid. It was a way for individuals who were able to post bond to then pay their attorneys maybe down the road or whatever that agreement might be. Those amounts used to be higher and the counties were trying to defendants to post the cash bonds and that was the only form of payment and so the way that it has been going now and the reason it's become such ... kind of a contentious issue and a topic is because you have some ... and I know we're talking about non-violent offenders.
Mark Galler: We have some violent offenders that are getting lenient bonds now because the government has kind of shifted in policy in terms of making sure that it's not based on a monetary consideration for somebody to be able to post bond. They should look at the totality of the circumstances that maybe their education, if they're going to school, if they're working, if they have a family, who they have to really provide for. Now, you've got this mix of, is the bond appropriate for somebody in non-violent offense or if it is a violent offense and if they're able to get out but they're lowering the bond amounts and that's creating an issue because now you've got individuals who maybe are going out, and committing another offense.
Mark Galler: Now, they're facing a violation of their first bail bond, maybe they had an I-bond. An I-bond is where you're release on your own recognizance. You don't have to pay to get out. You're just released right away after the arrest process is complete. Then, they go out and they pick up another case or two. The issue is, and a lot of maybe police departments argue that that shouldn't be the case, that the bond amounts need to be higher, they need to be more strict so that we can make sure that these repeat offenders aren't going out and committing more crimes so that's where the issue is.
Mike: Right, and I think the main concern and what I keep reading in the news is that, these people are ... can't afford a bond and they're in jail on a non-violent charge. Do you think eventually cash bonds will go away for say first time offenders with non violent charges in Illinois. What do you think it'll look like in 10 years?
Mark Galler: I think it's turning that way. I think you're exactly right, Mike and a lot of judges are really good at looking at that specific information, especially for non-violent offenders, they're going to give you a chance. You have to prove to them and especially if your attorney or public defender who is handling the case is adamant about explaining your background and why you should get an I-bond as a non-violent offender and a first time offender. I think your chances are very, very great where you won't have to post a monetary bond and I think that trend is going to continue and it will keep diminishing I believe.
Mike: Okay, let's move on to expungement. What is it? How does someone expunge their criminal record? How does it work? Do you do it? Do you help clients do that?
Mark Galler: I do. Yes. Yes. So, there's expungement and there's sealing. Expungement is the ultimate goal of individuals and typically ... there's numerous requirements but typically, if there's a conviction involved, you're not necessarily able to expunge your record. If you are able to expunge your record, say, it's for maybe a petty drug offense. In today's day and age with marijuana being legal in Illinois, there's numerous requirements for what and how your potential convictions or arrest and how they can be expunged but when you're successful in getting it expunged, the file is essentially deleted.
Mark Galler: It's torn up, it's thrown away and you're not able to track it down. I've actually tried to do this for some clients that have had records expunged in the past and now, they're trying to get particular licenses and at least I have not been able to find, and I've talked to numerous agencies all the way up to high level FBI agencies seeing if we can track down this information. Whether or not they do keep this information, I have not found a single shred of successful expungement. So, if you can get that, that's wonderful. Sealing is also another great step. That's essentially where any ... most non-government entities cannot see that you've had a prior conviction, if you meet certain requirements for your case to be sealed.
Mark Galler: You lawfully can say that you have not been convicted of a crime if you have that case sealed. The only way you can get that unsealed is by court order. You have to file a particular motion and the judge has to unseal that file of which then can be seen. That typically doesn't happen for individuals looking for employment, unless it's with a government agency or of course some sort of law enforcement.
Mike: How does someone determine if they should try to get their record expunged or get something sealed? Can everyone do it or, how does that work?
Mark Galler: Absolutely. Yeah, at least try to call your attorney. Call your local expungement attorney, criminal defense attorney, any attorney that handles those types of issues will be able to inform you in a matter of few minutes. If it's not clear, then that attorney or if you can provide them with the case information of the case you're trying to expunge or seal, they can look that up in the system, go to the courthouse and then get an answer for you with a few minutes. If you are trying to look for a job and you do have a felony conviction, numerous statutes or I should just say, cases that you might have a conviction for can be at least sealed and a lot of them can be expunged.
Mark Galler: It's really worth looking into and especially with ... Now, with marijuana being legal in Illinois, there's been thousands of convictions for possession of marijuana back in the day. Now, with this case being in effect, you can get effectively and there are certain requirements, automatic expungements for at least the arrest, if it was under ... if you were under possession of 30 grams of marijuana and in case, at least a year old and you hadn't delivered the marijuana to people that were at least three years younger than you. The way that the government has set this up now, the state of Illinois still offer automatic expungements for those arrests but the rollout dates are quite far.
Mark Galler: If you want to do it for free, that's one way to do it, if it's just for the arrest. It could take up to one to five years depending on how long ago your conviction was, for the government to actually start rolling out the expungements. If you were convicted of possession of marijuana and it was 30 grams or less and you meet the other requirements, now what happens is they have to go through the parole board. A petition has to be filed and then there has to be a pardon made by the governor and then the governor has to submit certain paperwork to the different entities and that could take even longer than what, the one to five time year frame could be.
Mike: Okay, and I wanted to talk to you about this, about marijuana is now legal in Illinois, as of January 1st 2020. You had mentioned that you can possess, what was it, under ... well, tell me, how much can you possess as an individual person in Illinois, without getting in trouble?
Mark Galler: Yeah, good question, good question. You can legally possess, under 30 grams of actual marijuana buds. I believe it's 500 milligrams if it's edibles and then even a smaller amount if it's a concentrate of THC and you can lawfully carry that in your house. You can't grow marijuana unless you have a medical marijuana license and this new law actually created an interesting issue too with Illinois, also allowing concealed carry license. If you have a concealed carry license or your FOID card, while the federal government hasn't recognized marijuana as a lawful drug, it's still illegal federally, so there's an interesting question now if these states are allowing the purchase in owning of marijuana, will that affect your FOID card or your concealed carry license and the technical answer is yes. I mean, technically, it can be revoked. That's something people need to really be careful about.
Mark Galler: Obviously, if you carry the marijuana outside of your home, and you're driving around with it, it needs to be in a concealed compartment, somewhere that's not easily accessible. Anytime you're carrying an alcohol or now marijuana, you want to keep it in your trunk, keep it simple, just keep it as far away. You don't need to have it in your front seat. You don't need to have in your center console, there's no reason. Obviously, you can't smoke and drive and that's also going to create new complications with now lawful searches of cars, when the car can be searched if an officer smells marijuana. It's going to create a whole new string of case laws that will be coming down in the next couple of years.
Mike: Yeah, and that was something else I was going to ask you, I think it's interesting if you've been drinking and you get pulled over, I think most people can smell alcohol from a mile away. Let's say at your house, you get high and then an hour later, you hop in your car and go pick up a pizza or whatever you're going to do, right? I sort of see the issues that officers may have in this situation where I leave work at the end of a long day. I've had my contacts in all day and someone might look at me and think like you're high based on glossy eyes and bloodshot and so on and so forth.
Mike: How is that going to work with people who are pulled over and officers think that they are high but they don't smell anything, they don't see anything, there's nothing on them. I mean, have you run into this yet with your clients? To me, it seems like it's going to be a little bit like of a cluster.
Mark Galler: Absolutely and it really is. It's much easier to look at somebody in a setting where they might be suspected of a DUI and do proper procedures for that because you are ... you do get that slurred speech or some individuals can develop slurred speech or they might wobble a little bit more when they walk or they're falling over. It's more unlikely for somebody, if they're high or under the influence of THC to exude the same sort of symptoms as somebody in the DUI. To answer your question, it's going to take some cutting edge technology at least in terms of if they can develop some sort of portable breath test like they do for detection of alcohol in someone's breath.
Mark Galler: If they could do something like that in a portable setting without having to draw your blood to detect a THC level. Now, there is a certain limit that you can have in your system at the time you're driving, it depends on how many hours you smoke. It depends on body weight. I mean, you're getting to more into like a scientific level of what's appropriate in driving. It's much more rare for somebody to face a driving under the influence of a substance than it is for alcohol. It's really hard to prove and now, with it being pro se legal, meaning that just because you smell like weed, doesn't give an officer probable cause to just search your car.
Mark Galler: Now, if they see that you're carrying weed and it's right on top of your dashboard, well, now, you're violating the statute and that you might be able to open the door for the officers to search the car so you want to try to avoid that obviously. Similar too with the new gun laws that came out not too long ago, right? Just because somebody might ... if an officer sees a firearm in your coach jacket, while that is lawfully being concealed and maybe the wind blew it open for a second, it's not pro se illegal to have a gun. Okay? That doesn't mean, the officer can just come to you and start searching and patting you down.
Mark Galler: They would need to ask proper questions. Do you have a FOID card? Do you have a concealed carry and it doesn't just open the door for the officers to do anything they like and same thing with marijuana now.
Mike: Got it. I think what's interesting about marijuana and maybe that's ... I find challenging is it's legal in certain states, like in Illinois but it's not federally legal. What type of situation could someone get in trouble possessing marijuana legally in the state of Illinois but because they maybe in a federal building or on federal grounds, for example, you can't show up to O'Hare with marijuana, right, because the airport is federal property. Can you explain this distinction and the difference between it being legal in a state and not being legal federally and where people could run into issues although they're still in Illinois?
Mark Galler: That's a great question and it does apply to people visiting these types of states as well. Illinois is now the 11th state that has fully legalized marijuana. If you're visiting a state like Illinois, Colorado, California, your ability to purchase and maintain weed is different than the actual citizens of that state. The way you can get in trouble and to answer your question if I'm understanding correctly is obviously, you can't bring a little baggy of weed on a plane with you. Otherwise, now, you're violating state and federal law. You can't just smoke in public. There has to be certain areas that you can smoke.
Mark Galler: Some dispensaries might allow you to maybe test their product or they might have a smoking lounge and if everything is licensed property, that's fine. You can't go into a place of amusement like a bar or a restaurant and smoke, even if they might sell it there, if it's at least a place for amusement like that, that's not allowed. You can't smoke in a park, you can only smoke in your own residence if you are renting and there's a landlord. You need permission from the landlord. That's something that you might not think about but that's very important and it might be kind of awkward to ask the landlord, "Hey, can I smoke in my own apartment?"
Mark Galler: Those are things you aren't able to do. Once you start stepping into the federal grounds of an airport and you have, are in possession of what is legal in a state setting, that's where you're going to get in trouble because now you're kind of crossing state lines into a federal territory.
Mike: Right, and so for example, could you walk into a post office, that's in Illinois carrying a legal amount of weed where if you were ... where it's legal to carry in the state of Illinois but now, you're in a post office which is a federal building and so, then does it become illegal in that building?
Mark Galler: It does. It wouldn't become ... it wouldn't be crossing the lines of a federal offense. It's still would be a state offense but like a firearm, there are certain places and restrictions on where you can carry it. Same thing with alcohol, right, you can't just carry around open alcohol where you please. If you walk into a post office with a bottle of open alcohol, now, you've got problems. Same thing with marijuana. You got to keep it in a concealed compartment in your car or if you're going somewhere else, you need to plan the transportation for that accordingly.
Mike: Okay, I want to switch gears and talk about when police can interview or question minors. We talked at the top of the podcast about Making a Murderer and we were talking actually about Brendan Dassey before we started rolling the cameras.
Mark Galler: Yes, yes.
Mike: How he was questioned and he was a minor and then, recently in Illinois, there's a new law that I want to talk to you about dealing with Corey Walgren and so, I think that's all ... it seems like this new law in Illinois now and the Making A Murderer, it seems like this idea of when police can question minors, who needs to be present? Do they need their rights read? Tell me what the law is and tell me why this is becoming such a hot topic and if you know about the Corey Walgren case, if you could talk a little bit about that. I find that super interesting after watching Making A Murderer and then things that have gone on recently in Illinois about when you can interrogate a minor, who needs to be present and what are the rules?
Mark Galler: The answers can be quite convoluted. I'll try to keep it as simple as possible because it's a very tricky situation and most people think that you can't ... the police can engage in a conversation with a minor at all and that's simply not the case. Let's start with the Corey Walgren case, which effectively created some new laws. At least for the school settings, so if you're on school grounds and you're suspected of committing some sort of crime or violation of school code or something is going on but I think you've committed some sort of illegal activity, the officer, maybe if there's an officer with the school or they call in a police department, they cannot question you on school grounds without a parent being present.
Mark Galler: That also leads to the next point, if you're not on school grounds and an officer wants to question you and you're underaged, it's under 16, 16 and younger, they would have to break it down, whether maybe it's a misdemeanor or a felony and that depends on the age range. If they are suspecting you of either of those and we can get into the age differences later, they at least need to make a reasonable attempt to contact either your guardian or your parents, so what's reasonable is always open for interpretation with most of these types of issues in law, whether there's probable cause, whether the officer had reasonable suspicion. That's where the factual issues come into play.
Mark Galler: If you are suspected of committing a crime that I'm sure they'll ask you, "Hey, do you have mom or dad's number, maybe grandma, somebody? Can you give us their number and we can try to call them." They have to make a reasonable attempt and hopefully they log that properly. If not, that might create issues and whether or not the questioning was done in violation of the constitutional rights. The Walgren case though was quite sad, really a tragic case. The individual was suspected of possessing underaged child pornography which can happen even if you're underaged yourself and a lot of people don't know that.
Mark Galler: You could be 15, you could be in possession of some provocative pictures of another underaged individual and you could be facing charges for underaged child pornography and that's what this is individual, Mr. Walgren was facing at that time. You're 16 years old. The schools officer is questioning him about it, saying, "We know you had these pictures, why do you have these pictures," and the student ended up running out of the building, slipped away and jumped off the parking space and killed himself. Then, obviously, the parents were shocked, the school officer or the principal, nobody tried to contact the parents at all, which is absolutely absurd.
Mark Galler: They didn't even give a reasonable attempt. Now, you're on school grounds which should be a little bit ... even more protected because those individuals are there to ensure a safe ground for students to attend school at, right? They're the most vulnerable individuals typically other than obviously a certain specified classes of people but they're young, they don't know any better. This law effectively changed that by ... because these parents really pushed for change. They filed civil law suits. They really pushed for legislation change and that became effective and now, the children can't be questioned on school grounds without a parent present or guardian.
Mike: What would you, if you had a teenage kid, what would you tell them? What would be your advice if you're stopped by the police, you're pulled over, you did something wrong at school and you're getting questioned, like we were talking about earlier, when the police pull you over and you've been drinking, what you're supposed to say, what would you advise a teenager to say in those situation? Should they say contact my parents, I don't want to talk to you? What would you say in that situation?
Mark Galler: I would always ask to contact my parents and you tell, "Hey, I'm 16. I'm 15. I'm 17. Contact my parents," and if you are at that age, where you're 17, 18 years old, and you're going to want to try ... you could still ask for your parents but then at that point if you realized you have rights to have an attorney present, you want to try to kind of say what we talked about before or respectfully decline to answer the questions and then once you're arrested, then you get your right to contact an attorney but yeah, if you're underaged, you always contact and tell the official or school personnel, I want to talk to my parents or my legal guardian.
Mike: Sounds good. The last topic, I want to talk about is DNA. I was watching a movie with my wife, recently. It's actually a docuseries and the name is slipping me but it dealt with whether or not people who are arrested are required to give their DNA and I think most people are used to when you get arrested, you go to the station, they take your fingerprints, that's put into a database. The show I was watching was now talking about, "Okay, can they DNA swab you?" I find that interesting because I think there's all sorts of privacy issues and they obviously use the DNA to run it through a bank to see what else ... what other crimes you're associated with.
Mike: What's the current law on taking a DNA swab? Does it matter if someone is just arrested and not convicted? How does it work?
Mark Galler: That's also a very heavy question too and I've been dealing with a lot of very contentious litigation through motion to suppress illegal blood draws that I'm arguing are unconstitutional and this deals around DUIs, where somebody is suspected of DUI and they weren't involved in an accident, no one was injured and the individual was found unresponsive in a vehicle and the next thing you know the officers have paramedics arrive and they take him to the hospital and they're drawing blood. By that point, the person was conscious, was able to communicate with the hospital personnel and there's absolutely no reason that the hospital should be taking the blood of the individual and then telling the officers this person has above the legal limit of alcohol in their system, even after the conversion.
Mark Galler: Some of the case law is starting to change in that respect. To answer your question specifically abour DNA swabs, it depends on the type of charges against you and the severity. So, if it's like criminal, sexual assault or homicide, you can object to it if you're in custody and they say, "Hey we need to take your DNA." You could say no, I've had clients now starting to get punished within certain facilities but the proper procedures for the government to file a motion to ask the court, to allow a DNA collection of a sample from the accused, from the defendant. It's granted almost 100% at a time, unless there's certain issues or illegality of police conduct or something that maybe causes that separation of why the DNA should be taken.
Mark Galler: If the charge is serious enough like criminal sexual assault then, it's pretty much like clockwork. You can get DNA swab for it because then they need to compare it from maybe some DNA samples that they've collected through evidence at the scene, on the suspected victim. Then, yeah, that'll stay in the system at least until the outcome of the case and that's where it could changed.
Mike: Got it and I guess my question is this. So, the way I understand it, everyone is arrested and booked, they give their fingerprints, right?
Mark Galler: Fingerprints. Yeah, absolutely.
Mike: I think what's interesting about this is, is it now, everyone is arrested and booked? Is it fingerprints and the DNA swab or is it not that clear cut? In other words, if I went and vandalized the building and was arrested and brought to the station, they take my fingerprints, right?
Mark Galler: Yes.
Mike: Would they take my DNA?
Mark Galler: Not at that time. Not legally at that time, no. You have to meet a certain requirement of the level of charges against you. Again, you'd have to be charged with something severe than just burglary or defacing a building, theft or DUI, for the most part, you have to meet a certain exceptions and ... that would rise the level of a higher charge against you, like a class acts or a class one if it's a sexual assault, something like that, then that's when they're able to start collecting your DNA but anything ... there's a long list. It's hard to list them all but for say simple battery, now, they can't just come in and take your DNA.
Mike: Okay, I know I said, that was going to be the last topic but I've got one question in general that I think a lot of people would want to know and then we're going to move on to some other non-legal stuff. When does someone need a criminal defense lawyer? At what point, should someone say, I need a lawyer?
Mark Galler: That's also a great question. I get that asked all the time and I think it's a matter of comfort. Okay? What an attorney is able to do in a criminal setting is essentially provide a shield between law enforcement and the government and the individual you're trying to protect, like the suspected defendant. My first question is when I ask clients this, if they're calling on behalf of somebody who is about to be questioned maybe they've heard rumors that the police are looking for this individual for whatever reason, I ask, "Well, would it make it you feel better to have an attorney there because if you were to retain me, what I offer is pre-retainer agreements," right?
Mark Galler: What I do is I send a letter to the client. I set up a certain line of communication with them or if I know there's detectives involved, I contact them immediately. I'll go to the police station right away. I'll let them know, "Hey, this is my client. If you need to contact them, if you need to question them, please call me first. I'll be happy to work, to bring them in. We can sit down, do what needs to be done on your end but respectfully, we're not going to answer any questions." That's where I can come in because now that invokes going back to the constitutional rights of when you should ask for a lawyer, when do you ask for a lawyer?
Mark Galler: Now, if you're being asked by detectives, I would always advise to try to have that lawyer retained. If you know that they're coming to question you or if you know that you might be arrested soon, at least for me, that would provide some comfort. Other people wouldn't maybe want to wait until they're already arraigned and the case has already started. It really depends on the individual.
Mike: Got it. I guess, I watched these shows and like I said, I'm super interested in criminal law. The first job I had at a law school, there were two partners there, one partner did criminal defense and the other one did personal injury and the personal injury partner took me under his wings. I still did a little bit of criminal defense work there. I loved it. I would always talk about the cases with my girlfriend at the time, she's my wife now, about the criminal law cases and I remember her telling me, she's like, I don't ... she's like if you would gone into criminal defense, I don't know how that would have made me feel. Who knows what would have happened but I find it super interesting but, I find it interesting, I watched all these shows and I'm super paranoid.
Mike: I always tell her ... to me, it seems like if you have the means to have a lawyer, you should always have a lawyer. I tell my wife like if anything would ever happen to me and I joke, like even if we have nothing to do with it, don't talk to anyone, right? In other words, is there ever anything good that could come out to talking to the police or talking to an investigator?
Mark Galler: You think you're going to be able to handle the situation until you start saying something that starts ringing bells in the investigator's mind or the officer's mind, or the detective's mind and now, you've opened up the floodgates. Now, they might be smelling blood and maybe now, they know who else to go talk to based on something you said. Maybe, you didn't have anything to do with ... maybe anything you did but now, they know who to ask and now, maybe that person know. I always say, it's best to be respectful, to decline to answer any questions, even if you didn't do it, you have an attorney with you, all the time. Contact somebody you know just to have a card on you.
Mark Galler: You might not have to pay that individual just to get a card but at least you have something on you, so that if something does happen, you know who to call and in most times, they'll be good. If I get a call late at night, I'll be at the jail immediately. I put on a suit and tie, if it's 10 at night, I'll head there and that's where we can afford that protection. Absolutely, 100%, like you're joking, and all these documentaries, it's always maybe the husband that murdered his wife or something and they're claiming he did but he actually didn't do it. The first person they're going to look at is always the spouse.
Mark Galler: Whether it's husband and wife, wife and wife, whoever that happened to, they're always going to look at the spouse first and they're going to start asking questions and it's better to, I would say clam up and some people think well, isn't that going to make me look bad? Aren't they going to think, well, why would I ask for an attorney right away if I didn't do it? That's just being smart. That's just being smart because you don't want to talk to police and start answering questions that you might not know is actually digging you into a deeper hole, where an attorney might be able to catch that at least that they know you a little bit and they know a little bit of the facts, they're at least going to be able to prevent that from even happening.
Mike: Right, and this is a good segue into letting all the viewers know how ... what's the best way to get in touch with you and we'll put all your information up at the bottom of the video but if someone wanted to get in touch with you, what's the best way to get in touch with you?
Mark Galler: I appreciate it. Yeah, so I have a website, it's mark@mgallerlaw.com. My phone number is 708-406-9797. I answer text all hours of the day. If you would like to set up a phone call, in person meeting, my office is in Downtown Oak Park at 1010 Lake Street. It's floor ... unit number two but yeah, I answer text and calls all day, you can go to my website. Check out the information there. I've got different information on all various crimes and activities, what you should do in certain circumstances and there is actually an inquiry form you can fill out, which will lead right directly to either my computer or my phone and I can help answer any questions right away that you might have and I'd be happy to do so.
Mike: Awesome. All right, before we finish, I'd like to do a couple of rapid fire questions here with you. Tell me what's your favorite animal?
Mark Galler: Cheetah.
Mike: Cheetah?
Mark Galler: Yes.
Mike: Okay. Cool. How about your favorite app?
Mark Galler: Favorite app?
Mike: Yeah.
Mark Galler: That's a great question. I would have to say my favorite app ...
Mike: What do you use the most?
Mark Galler: Boy, I would like to say, I honestly use Facebook a lot for news purposes.
Mike: Okay, sounds good. What's your perfect vacation?
Mark Galler: Somewhere in Italy. I love Tuscany. Somewhere where I can drink some wine and eat some good food.
Mike: What is your favorite food?
Mark Galler: Favorite food is, I got to say pasta.
Mike: Sounds good.
Mark Galler: A meat pasta.
Mike: Okay. How would you finish this sentence, weekends are for ...
Mark Galler: Relaxing.
Mike: Okay. I think that's what I have on my bio. Someone ... my other guest who is here, Melissa said ... when I said, tell me how to finish this sentence, weekends are for, and she said I'd have a different answer for you, if you ask a few years ago but she said now it's working. That's what weekends are for.
Mark Galler: Yeah, sure. It's a good problem to have.
Mike: Last one, if you weren't a lawyer, what would you be?
Mark Galler: An astronaut. If I was smart enough to. That's also the problem.
Mike: You realized you weren't smart enough and then went to law school, right?
Mark Galler: I couldn't do math. I was terrible at all forms of math and yes, so then I went to law school.
Mike: Perfect. Well, this has been great. Like I said, when I started doing these video podcast, I knew I have someone on to talk about criminal law early on. I find this super interesting. I think it's something that everyone should want to know about and so, I appreciate you coming on, answering all my questions. I think it's helpful for just everyone in general to know what criminal law is all about, so this has been great. I appreciate you coming on, giving your contact information out in case anyone wants to get in touch with you and stay tune for our next podcast.
Mark Galler: Thank you so much Mike for having me on. I really appreciate your time. Thank you.
Mike: Thank you. I appreciate it.
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The FCRA works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. Are you one of the 40 million Americans that have a mistake on their credit report? Mistakes on your credit report can be very costly. Learn more in today's episode.
Many people wonder if it's a good idea to talk with an insurance company after an accident. Learn more from attorney Michael Agruss about this topic.
The FDCPA has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collects can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Learn more about Fair Debt Collection Practices Act from attorney and owner of Agruss Law Firm, Michael Agruss.
In this podcast episode, Michael Agruss talks with Melissa Tannehill about the latest real estate news.
Agruss client, Michael Rogers shares how Agruss Law Firm helped him after his car accident.