Posted on October 02, 2013 in Child Custody

It is possible to appeal a family court's modification of a child support order in Illinois. Typically an appeals court will not reverse a family court's factual findings used to make a child support modification unless they are against the "manifest weight" of the evidence.

In addition to not typically disturbing a trial court's factual findings, a Cook County appeals court will usually not change a child support modification unless it constitutes an abuse of discretion.

Courts have wide range of latitude in deciding child support cases, so it is rare that an appeals court will find that a family court abused its discretion.

There have been cases however where Illinois court have terminated a noncustodial parent's obligation to pay child support on appeal. These cases typically involve "extreme and unusual" allegation concerning the custodial parent's behavior.

These allegations have to go further than alleging that a parent merely violated the terms of visitation. Parents have typically had to show that the custodial parent has actively interfered with the relationship that the noncustodial parent has with his or her children.

Continue Reading ››

 Posted on September 30, 2013 in Traffic Offenses

The wife of Chicago Bears quarterback Jay Cutler picked up a speeding ticket on a recent trip from Evanston to Chicago. Since she was driving without an Illinois driver’s license, she was required to visit the Evanston police headquarters to post a $150 bond. Cavallari was surprised that she was required to visit the police station to post a bond, but it brings to light a common procedure for individuals with certain out of state licenses who are pulled over traffic violations.

According to the Evanston police, this is normal for individuals with certain state drivers licenses. Unfortunately, California and several other states do not participate in a cooperative agreement between states about licensing. Although many people are not aware of this, it does indeed come with a $120 fine, which can be deducted from posted bond. This amount could also be increased as a result of court costs.

Continue Reading ››

 Posted on September 28, 2013 in Child Custody

The termination of a Cook County parent's rights is one of the most extreme family law measures that a court can take. Generally the termination of a parent's rights is done outside of the context of a divorce and is based on the best interests of a child.

When a petition to terminate parental rights is initiated, a court follows a two-step process outlined in the Juvenile Court Act.

Step one is for the court to consider whether there is "clear and convincing evidence" that a parent is an unfit person as defined in the Illinois Adoption Act.

The second step to terminating parental rights is for the court to consider whether such a drastic move would be in the best interests of a child.

Generally the "best interests" analysis is the most subjective and complex part of court proceedings. Illinois courts consider 10 factors in determining whether terminating a parent's parental rights is in a child's best interests:

1. The child's welfare and physical safety.

   Continue Reading ››

 Posted on September 27, 2013 in Violent Crime

If you have been accused of domestic violence, you have likely already experienced several challenges in attempting to clear your name. Sometimes victims of an alleged domestic violence act will follow their legal charges with a request for a protective order. Protective orders can have serious consequences for the accused abuser, and it’s important that you hire an attorney to represent you before you lose important privileges and rights as a result of a protective order.

In Illinois, protective orders are only available to family or household members connected to an alleged abuser. There are many different ways that a protective order can be specified. Depending on what the individual requesting the order articulates, several different requirements may be put into the order, including:

• A prohibition from any further abuse (harassment or interference with personal liberty also come under this umbrella).

Continue Reading ››

 Posted on September 23, 2013 in Sexual Assault

When teenagers begin to date, usually they meet at school and most often, they are the same age. As teens branch out however, meeting people from other schools, hanging out with people from work and meeting new people in the community, they sometimes date older men or women.

When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated.

Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17 and someone 18 or older in Illinois willingly have sex, charges can still be filed against the older person because the partner is a minor.

Although this law typically pertains to men and women that are significantly older than their underage significant other, it also technically applies even to high school students who may only be a couple months apart in age. In those few months in which one partner has reached the age of consent while the other has not, they are committing statutory rape when participating in sexual activities.

Continue Reading ››

 Posted on September 18, 2013 in Violent Crime

A case of murder with a bizarre twist was reported by theChicago Tribune. It is alleged that Benjamin Esquivel murdered 49-year-old Burnadine Kinsey and hid her body in his mother’s home.

It is alleged that after being intimate, Esquivel and Kinsey got into an argument, which ended with himstabbing her several timesin the face, head and body. He then put her body, wrapped in sheets and a blanket, into a closet in the home that he shares with his mother. It is reported that Kinsey’s home was just three blocks away from Esquivel’s. His mother returned home and saw the body. She allegedly confronted her son about it and instead of calling law enforcement, she and her sister left the apartment.

Esquivel, who is 20 years old, called his friend Juan Ramos, 37, to ask what he should do with the body. They allegedly went to a nearby Home Depot to purchase tarps, duct tape, rubber gloves, and a soda. They returned to the apartment and wrapped the body in the tarps and tape. At that time, they returned the body to the same closet.

Continue Reading ››

 Posted on September 15, 2013 in Criminal Defense

According to a recent report by the Chicago Tribune, a man and two teenagers have been charged in the murder of an Englewood man. The man was found stuffed into a trashcan in the alley.

Cook County prosecutorsallege that a dispute started when 51-year-old Ernest Pritchett III walked into the front yard of 32-year-old Bryan Perkins. Perkins asked Pritchett for the money that he was owed. When he stated that he did not have the money, it is alleged that Perkins grabbed a piece of a fence and started hitting the older man in the head with it. At that time, two teens joined in the beating. The 16 and 17 year old began kicking and stomping Pritchett. Perkins then picked up a large rock and hit the man with it.

Perkins retrieved a rolling trash can from the alley and with the assistance of the teens; he put Pritchett’s body inside of it. He then proceeded to roll the trash can several blocks down the street, where he abandoned it.

Continue Reading ››

 Posted on September 11, 2013 in Criminal Defense

Marijuana, Mary Jane and pot are all names for the drug that come from the plant Cannabis Sativa. It is a very common drug in high schools and colleges across the country and has even made its way into quite a few movies in recent years, like “21 Jump Street” and “Pineapple Express”.

It is a psychoactive drug that is sometimes inhaled from a rolled cigarette, or joint, but can also be consumed when mixed into recipes such as brownies, cookies, butter or candy.

According to the University of Illinois marijuana laws, the marijuana that is used today is as much as ten times stronger than it was in the early 1970s.

Effects of marijuana include an increased heart rate, dry mouth and throat, bloodshot eyes, sleepiness and increased appetite.

Not only is marijuana illegal in most states, including Illinois, possession and sale of marijuana is also against the policies of many colleges and universities, including the University of Illinois. If a student has been found with marijuana, he or she may find herself in serious legal trouble, as well as suffering consequences related to school and financial aid.

Continue Reading ››

 Posted on September 10, 2013 in Criminal Defense

A homeless Chicago man may find some mental health help after causing a scene with Chicago Police Officers in Uptown last week. Huffington Post reports that the 41-year-old man was arrested on the North Side last Wednesday.

The Chicago Tribune reports that the homeless man was attempting to sleep when someone reported him as trespassing. When police officers attempted to move him, he allegedly threw items at the officers.

Several media outlets report that in addition to allegedly pepper spraying the officers, the homeless man also tossed bottles of bodily waste at the officers.

The man faces several charges including aggravated battery, resisting a peace officer and criminal trespass.

James Cappleman, the 46 Ward Alderman, expressed relief on his Facebook page that the homeless man may finally get some mental health help.

Continue Reading ››

 Posted on September 08, 2013 in Traffic Offenses

Usually, if someone has a relatively clean driving record and they get a ticket, they have the opportunity to have the points removed from their license. When those points cannot be removed, however, they can add up quickly because they are on your record for at least two years. Once you get too many points, you may lose your license for an extended period.

If you are unsure whether your license has been suspended, it is important to find out; driving with a suspended license can have stiff penalties. To view your driving record, which will inform you of the state of your license, you can contact your Secretary of State’s office.

The Secretary of State can give you a copy of your driving record online, in person or by mail. If you request one in person or by mail, you must provide your full name, driver’s license number, your date of birth and a $12 processing fee.

A question that many people have when their license is suspended is whether or not it is suspended in all states. The National Driver Register keeps records of suspended and revoked drivers’ licenses so that those drivers cannot get licenses in another state. The Driver’s License Compact also keeps tabs on drivers nationally. The Driver License Compact keeps track of all driving penalties while drivers are in states other than their home state.

Continue Reading ››