Recent Blog Posts
Differences Between a License Suspension and Revocation in Illinois
Many people use the terms ‘license suspension’ and ‘license revocation’ interchangeably. While it is true that each will take away your driving privileges for some time, there are differences between a license suspension and revocation. If you are facing charges for a DUI, underage drinking, or any other offense that could result in you losing your license, it is important you understand what those differences are.
A Driver’s License Suspension in Illinois
A driver’s license suspension in Illinois means that you still have your driver’s license, but it is invalid for a period of time. During this time, you are unable to drive.
In Illinois, a license may be suspended under definite terms, or it could be suspended indefinitely. Definite suspensions have an end date associated with them. This is the date you are able to drive again if you pay the proper fees and complete any requirements, such as attending a substance abuse treatment program.
What Are My Child’s Responsibilities Regarding College Expenses After an Illinois Divorce?
Classes are now well underway at universities and colleges in Illinois and around the country. If you are the parent of a college-aged son or daughter, you have probably spent much of the last few years budgeting, saving, and preparing for the costs of putting your child through college. Under Illinois law, parents who are divorced may have increased responsibilities, as they could be court-ordered to contribute toward the college expenses of their child.
If you are subject to an order for non-minor support for college expenses, you should realize that you are not the only one with obligations related to that order. Your child must assume certain responsibilities as well, or your ordered contributions will be terminated.
The Resources of the Child
According to the Illinois Marriage and Dissolution of Marriage Act, the court must consider many factors when deciding on whether to issue an order for a parent to help with the child college expense. These factors include the resources and needs of each parent, including their retirement savings. The same law, however, requires the court to take the child’s resources into account as well. The statute explicitly states that education savings accounts governed by Section 529 of the Internal Revenue Code-commonly known as “529 Accounts” are considered to be resources of the child, as long as they were established before the divorce. Other resources of the child may include endowments, grants, scholarships, and any other funds intended to help pay for post-secondary education.
Do You Know About the Drug-Free Zones in Illinois?
Illinois has very strict laws surrounding drugs. Anyone convicted of committing an offense outlined in the Illinois Controlled Substances Act is subject to harsh penalties, no matter where they are at the time. However, location matters when charged with a drug crime. Like many other states, Illinois has drug-free zones. This means anyone caught committing a drug crime in these zones will face increased penalties, which may include several decades in jail.
Drug-free zones are highly controversial, and many states are considering removing these zones from their statutes. Unfortunately, Illinois has not yet made any such proposal to change their legislation.
How Drug-Free Zones Work
It was during the “War on Drugs” in the 1980s that drug-free zones became written into the law of every state. These laws stated there were certain zones that must be kept drug-free. The intent was to keep drugs out of the hands of children and protect them from other crimes such as theft, prostitution, and violent crimes associated with drug activity.
How to Tell Your Children You Are Getting Divorced
If you are a parent who is considering ending your marriage, you are probably very concerned about how the divorce will affect your children. The good news is that having divorced parents no longer carries the stigma it once did. Your children probably have friends and schoolmates who are happily living a life split between two households.
While divorce can be challenging for children to work through, many studies show that it is better for children to have divorced parents than married parents who are obviously miserable together. There is no perfect way to tell your kids that you and their other parent are divorcing, but experts do have advice to help the conversation go as smoothly as possible.
Reassure Children that the Divorce is Not Their Fault
Often, when children hear that their parents are getting divorced, they worry that they did something to cause the split. The complexity of adult relationships can be too much for children to understand, so their minds invent their own reasons for why their parents are divorcing. Make sure to tell your children that you and the other parent are making this decision because it is what is best for you, not because either of you is upset with the children. It is also important to remind the children that they will still be loved just the same as they were when you and the other parent were together. This is likely to be a conversation that needs to repeated several times, and it is important to not get frustrated with your children’s need for reassurance.
Illinois DUI FAQs
There are many myths floating around out there about a person’s rights and obligations when they are pulled over for a DUI. This leads to many questions, and people not being aware of what they should do and what they should not if a police officer pulls them over. It is important that everyone in Illinois knows what the law requires of them, so they do not find themselves in deeper trouble after the initial traffic stop. Below are some of the most frequently asked questions about DUI charges in Illinois, and the answers to them.
What Is a DUI?
DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero.
What Happens During a DUI Traffic Stop?
How Are Commingled Assets Handled in an Illinois Divorce?
If you are considering divorce, you probably have many questions about how your property and debt will be divided between you and your spouse. In Illinois, divorcing couples have the option to negotiate their own distribution of property, but if they cannot reach an agreement, the court divides property. Illinois uses a method called equitable distribution to fairly divide marital or shared property. However, significant complications can arise when determining what property is marital and what is separate or non-marital property. Assets that are commingled or mixed may be counted entirely as either separate or marital property.
Differentiating Between Separate and Marital Property
In an Illinois divorce, only the marital estate is subject to division. Separate property is not divided and instead is assigned to the original owner. The determination of what is separate property and what is marital property is not always easy. Separate property generally includes property which a person already owned when he or she entered into the marriage, as well as inheritances and certain gifts. Maritial property includes assets and debts accumulated by either spouse during the course of the marriage. Issues can arise, however, when separate and marital property are mixed.
False Accusations of Domestic Violence
Being falsely accused of domestic violence is extremely scary. You are likely confused, emotional, and wondering what to do next. These are all very natural reactions. However, the things you do, and do not do, in the next few days and weeks are important. They can help your case, or result in the prosecution pursuing charges. Below are the three most important things to do when someone has falsely accused you of domestic violence.
Do Not Speak to the Other Party
It is very common for those falsely accused to want to reach out to the other party. This is one of the biggest mistakes made in domestic violence cases. It is crucial you do not speak to your accuser. If there has been an order of protection issued against you, this is a violation that has serious consequences. Even if an order has not been issued, speaking to your accuser can have disastrous consequences. They may use anything you say against you later on, and could even take your words out of context.
What Is Reckless Driving in Illinois?
In early July, a Joliet man was charged with reckless driving, among other charges, and was placed in jail. Many people think reckless driving is a simple traffic violation, similar to being pulled over for speeding. However, in Illinois, reckless driving is a very serious charge. It could even lead to jail time. So, what is reckless driving in Illinois, and what are the possible penalties?
Reckless Driving in Illinois Defined
Illinois statute 625 ILCS 5/11-503 provides a few definitions for reckless driving. The first is operating a vehicle in such a way that shows a complete disregard for the safety of other people. Under this statute, reckless driving is also defined as using an incline, such as a hill, railroad crossing, or bridge approach, to cause a vehicle to become airborne.
While these are very dramatic and somewhat obvious definitions of reckless driving, there is another that many Illinois drivers are unaware of. This is when a motorist drives a vehicle 35 miles per hour over the posted speed limit.
What Are Defenses to Domestic Violence in Illinois?
Domestic violence is a problem in Illinois and all across the country. As such, the states have enacted strict laws to protect victims of domestic violence. In Illinois, one such law is the Illinois Domestic Violence Act of 1986. This law allows protections and remedies for victims, but sometimes it is used inappropriately. Not everyone accused of or charged with domestic violence is guilty. Unfortunately, even when that is the case, juries tend to sympathize with the victim.
For this reason, anyone facing charges must speak to a Rolling Meadows domestic violence attorney that can build them a solid defense. Some of the defenses most commonly used in domestic violence cases are below.
Self-Defense
Self-defense is one of the most common defenses used in domestic violence cases. Sometimes two people in a household may argue to the point that one becomes aggressive and violent. Even if they do not physically touch the other person, they may throw things or otherwise threaten harm. When this is the case, Illinois law allows a certain amount of force if you are defending yourself or your property. As such, self-defense is a very solid argument for domestic violence charges.
Defenses to Retail Theft
In May, a woman was sentenced to four years in prison after being convicted of stealing pillowcases from the Mattoon Walmart on July 4 of last year. Her charge was upgraded from a misdemeanor to a felony due to past convictions. No agreement between the defense and prosecution could be reached regarding her sentencing after she pleaded guilty.
The penalty was a harsh one, and one many people face when they are accused of retail theft. Some people face worse. It is because of this that when a person is facing charges of retail theft, they often imagine the worst. However, if you have been charged, it is important to understand there are defenses available.
Lawful Ownership
It is not uncommon for people to shop at the same store time and time again. When they have visited a store in the past and purchased something, they often return to the same store with the same product. The store owner or staff may see the item and accuse a person of retail theft, even though they had purchased it in the past.
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At Cosley Law Office, we represent clients throughout Illinois, including Arlington Heights, Barrington, Buffalo Grove, Des Plaines, Elk Grove Village, Glenview, Hoffman Estates, Inverness, Long Grove, Mount Prospect, Mundelein, Northbrook, Palatine, Prospect Heights, Rolling Meadows, Schaumburg, Schiller Park, Wheeling, and Wood Dale, as well as Cook County, Lake County, DuPage County, and throughout the Chicago, IL metropolitan area.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100