Teens Held in Shooting of Toddler

Gang violence is a serious problem in many of America’s neighborhoods. When it happens, it touches the lives of everyone–victims, bystanders, witnesses and the perpetrators. In too many cases, the victims are innocent, as in the case of a recent incident involving a toddler.

A recent Chicago Tribune story reported that three gunmen opened fire at a suspected gang rival in a South Chicago neighborhood. Several people were in the vicinity, including children walking to school and a woman pushing her year-old niece in a stroller as she walked the family dog. A stray bullet struck the child in her head. At press time, she was listed in critical condition after undergoing brain surgery at a local hospital and was expected to survive. The aunt was not injured.

Two 16-year-old boys were arrested and held without bond. Both are being charged as an adult and face charges of aggravated battery with a firearm and attempted murder. The third gunman was still at large at press time. According to prosecutors, the suspects were gang members who were shooting at a man suspected of being a rival gang member as he rode his bicycle down the street. The bicyclist, who denied being a gang member, was hit but the bullet did not penetrate his body.

One of the suspects would have been starting his sophomore year in high school and was on probation. His accomplice would have been starting his junior year and has a pending juvenile robbery case.

The future does not look too bright for these two juvenile criminals. If they were going to be charged as juvenile’s, the maximum sentence they might receive is time in juvenile detention. Because they’re being charged as an adult, they are both facing serious jail time. A criminal defense attorney will make sure these defendants are treated properly and fair during the process, but the chances of a light or reduced sentence looks pretty grim for these two suspects.

Some Sobering Stalking Statistics

Stalking remains a serious problem in the US. According to the US National Center for the Victims of Crime, over a million women and nearly 380,000 men are stalked every year. A 2009 report issued by the US Department of Justice revealed more disturbing statistics.

• Fourteen out of every 1,000 individuals over the age of 18 became a stalking victim during a 12-month period.
• About 46 percent of victims experienced at least one unwanted contact on a weekly basis, and 11 percent of victims were stalked for five years or more.
• The risk for stalking were highest among separated or divorced individuals, at the rate of 34 per 1,000 persons.
• Women were at a higher risk for being a stalking victims than men.
• About 43 percent of stalking victims contacted police at least once.
• Of the stalking incidents reported to the police, 37 percent were male victims and 41 percent were female victims.
• One in four victims reported some form of cyberstalking. The most common form of cyberstalking was Email at 83 percent, followed by instant messaging at 35 percent. Electronic monitoring devices such as bugs, phone taps, GPS monitoring or video was used to stalk 1 in 13 victims.
• Approximately 46 percent of stalking victims experienced fear of not knowing what would happen next.
• Nearly three out of four victims knew their stalker.

A first offense of stalking is a Class 5 felony in Colorado. It is a Class 4 felony if the stalking occurred while a restraining order, parole, probation, injunction or any other court order was in effect against the stalker. Subsequent acts of stalking are also a Class 4 felony. If you stand accused of stalking, you will need a Colorado criminal defense attorney to present your side of the story. A Colorado criminal defense attorney can explain Colorado’s stalking laws and advise you of your rights and legal defense options.

Guardianship: An Overview

Guardianship is a legal arrangement in which someone is appointed to the affairs of an individual who is incapable of handling his own affairs. The appointed guardian is responsible for the care and custody of the individual and usually has control over the person’s assets and makes decisions regarding their health care and other financial affairs. Establishment of the guardianship is overseen by a court commissioner or judge. The judge or court commissioner must determine that the alleged incapacitated person, or AIP, is unable to manage his own affairs and that there are no lesser restrictive alternatives that could be implemented to avoid imposition of a guardianship. An example would be a person having established power of attorney in a trusted relative or friend, whom is capable of managing his affairs without needing to establish guardianship.

To establish a guardianship, someone must act as petitioner to address the court. This person can be a concerned relative, representative of a guardianship company or a social worker. The petitioner asks the court to make a determination that the AIP requires someone to handle his affairs. The guardianship can be one in which the AIP only requires help in managing financial affairs, or one in which the AIP requires help in making medical decision or matters related to daily living activities. Once the petition is filed, a “guardian ad litem”, usually an attorney, is appointed to serve as an independent party who conducts an inquiry into the AIP’s family and living situation, daily life and competency. The AIP also undergoes an evaluation by a physician.

The court commissioner or judge reviews and weighs all of the information from the physician as well as all other pertinent information, such as testimony from family members or the AIP himself. An appointment is then made, which is considered final unless someone appeals the decision or petitions the court to change the appointment. A guardianship usually lasts as long as the AIP or ward remains incapacitated and as long as the guardian remains competent and meets statutory requirements.

A guardianship can be terminated by an order of the court that established it. A guardian must report regularly to court to ensure the guardian is properly managing the AIP’s affairs and making appropriate decisions or his guardianship becomes delinquent and can be inactivated by the court. Appointed guardians receive Letters of Guardianship that terminate on a specific date that coincides with the due date of the guardian’s next report. Failure to report to court and obtain renewed letters before they expire causes the guardian to lose court authority to act on behalf of the AIP or ward, even though they remain legally responsible.

Guardianship is not without some disadvantages. Guardians have been known to abuse their authority in a manner that serves their own interests over that of the AIP or AIP’s family. Examples include using the assets of their ward or AIP for their own purposes, providing extra services the AIP or ward does not need, or being incompetent. You should immediately consult with an attorney if you suspect a relative or friend is the victim of a guardian abusing his authority.

Tips for Choosing Guardians

Creating a will involves making many decisions–how to divide property, whom to bequeath your prized possessions, who will care for your children, etc. Choosing a guardian to care for your young children should not be done on impulse. Here are a few tips to follow when selecting a guardian.

Always name a temporary or short-term guardian, and a permanent or long-term one. A temporary guardian is one who assumed guardianship on a temporary basis, such as when you are temporarily incapable of caring for your children due to illness or being away on business for a few months. A permanent guardian assumes guardianship when you pass away.

Choose alternate guardians. You should choose at least two alternates for both your temporary and permanent guardians in the event either one is not available when you need them.

When considering a couple as guardians, decide whether you want both persons to be guardians or just one of them. If you name your brother and his wife as guardians, and something happens to your brother, his wife, whom you really never could stand, would be guardian of your children. Using phrases like “jointly only”, “alone” or “jointly or the survivor” will clearly define whom you want as guardians for your children.

Exclude in writing those individuals you do not want as guardians for your children. You can draw up a legal document naming such persons and have it notarized. Don’t worry about hurting anyone’s feelings. You have a right to protect the interests of your children after you are no longer around to do it yourself.