Recent Blog Posts
Should Illinois Raise the Age for Juvenile Offenders?
The law on juvenile delinquents in Illinois is garnering international attention. Together, the Justice Lab and Juvenile Justice Initiative are meeting with individuals from Germany and Croatia that are involved in the juvenile justice system in their own countries. Among them are prosecutors, judges, and probation leaders. Their hope is to create better strategies to deal with juvenile delinquents in Illinois so the state can see reduced recidivism rates and help enable the state’s youth for a better tomorrow. One of the main factors they are considering is raising the age of juvenile delinquents in the state.
The Current Law
Currently, anyone that is 18 or younger and charged with a crime is considered a juvenile delinquent. Historically, anyone charged with a felony was charged in adult court, regardless of their age. That law was changed in 2014 so that those under the age of 18 and charged with a felony were also considered juvenile delinquents.
The Differences Between Theft, Robbery, and Burglary in Illinois
Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.
Theft
The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:
- Unlawfully taking property that belongs to another person;
- Taking property from another person through deception or threats; and
- Gaining control of property you know is stolen,
Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.
Illinois Pet Custody and Divorce
A beloved pet can become just like a family member. When a couple with pets gets divorced, there is often conflict and confusion as to who will get the pet. Until 2018, pets were treated just like any other piece of property under Illinois law. Fortunately, changes in Illinois divorce law have now taken into account the value of pets in peoples’ lives and the wellbeing of the pet in question. Read on to learn how "pet custody" is handled under Illinois law.
Pets Are Subject to Equitable Distribution Laws
Although you may consider your pet to be more like a family member, the law treats pets similarly to property like a car or house. Illinois distributes property according to a methodology called equitable distribution. Unlike states in which property is simply split in half with each party receiving 50 percent of the assets, Illinois distributes property according to what is equitable or fair. Depending on the financial and life circumstances of the divorcing parties, one spouse may receive a greater share of the marital estate than the other does. It is important to note, however, that only property which was acquired during the marriage, or marital property, is divided during divorce. Property which was obtained by a spouse before they got married is separate property and not subject to division.
Four Common Defenses to DUIs
If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.
Illegal Traffic Stop
In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.
What Can I Do If My Child’s Other Parent Is Not Paying Child Support?
Child support is designed to help a child with unmarried or divorced parents receive financial support from both of his or her parents. The amount of child support a parent pays is calculated by Illinois courts using the “income shares” method. This methodology takes both parent’s income and financial status into consideration to arrive at a child support payment amount which is fair and reasonable for both parents.
Illinois takes child support orders very seriously. A parent who does not pay his or her court-ordered support can face serious consequences, including criminal charges. If you are not currently receiving child support from your child’s other parent, read on to learn about your options under Illinois law.
Child Support Must Be Ordered by the Court in Order to Be Legally Enforceable
Sometimes unmarried parents decide to create a casual child support arrangement. They may think that this option is easier and more cost-effective than having a formal child support order managed by the courts. Unfortunately, casual support arrangements are often not followed through with. A parent may experience some type of financial hardship and decide that the child support payment he or she agreed to is no longer a priority. In situations like these, it is often the child who is negatively affected by the missing funds.
Facing Criminal Charges? Here Is What to Expect
Whether you are facing DUI charges, drug possession charges, or any other criminal charge, chances are you are pretty scared. However, the case is not as hopeless as it may seem. Often, those accused are fearful because they simply do not know what is coming next. They do not know what to expect, and they fear the worst. While a Rolling Meadows criminal defense attorney can fully explain the process, below are the basic steps you will go through after being charged.
The Arrest
An arrest does not occur until an officer has detained or restrained you, and taken you to a holding facility. If this occurs, you should say as little as possible. Anything you say can be used against you later in the case. You should speak to an attorney as soon as possible, and a lawyer can speak on your behalf. You should always be advised of these rights. If you are not, the arrest is unlawful and your case could be thrown out.
Bond or Release
How to Prepare for a Contested Divorce in Illinois
There are two types of divorce in Illinois: contested and uncontested. A couple is undergoing an uncontested divorce when they are able to come to an agreement about major divorce issues such as property and debt division, spousal support, and the allocation of parental responsibilities. When divorcing couples are not able to effectively discuss these issues and come to an agreement either on their own or through mediation, they may require court intervention. Divorces such as these are referred to as contested divorces. If you have a feeling that your divorce will not be amicable or cooperative, there are several things you can do now to help yourself prepare for the contested divorce process.
Educate Yourself About the Illinois Divorce Process
Human nature often makes us afraid of things that we do not understand. If you are planning to end your marriage through divorce, one way you can help prepare yourself is to start learning about the divorce process in Illinois and what to expect. Reducing the number of surprises you will encounter is one way to make the divorce process less intimidating. In Illinois, most contested divorces involve some or all of the following steps:
Penalties for Leaving the Scene of an Accident in Illinois
In early May, a Berwyn woman was taking an Uber home after celebrating her 23rd birthday in Chicago. On her way home, a drunk driver crashed into the vehicle she was in, killing her and injuring three others. The driver fled the scene and was caught shortly after. Now, he faces many charges, including leaving the scene of an accident.
In Illinois, it is law that all drivers stop at the scene of any accident they are involved in. When they do not, they face serious penalties.
Leaving the Scene of an Accident Involving Property Damage
Even when there is only property damage and no real injury to anyone involved, all drivers must still stop and report the accident to the police. Failing to do this is considered a Class A misdemeanor. Although these are some of the least severe charges a person could face after leaving the scene of an accident, the consequences are still serious. This crime is punishable by up to one year in jail, a $2,500 fine, and a probation period of up to 24 months.
Issues That Can Invalidate a Prenuptial Agreement
Prenuptial agreements, or "prenups" for short, have long been misunderstood. Some people incorrectly believe that signing a prenuptial agreement with your fiancé means that you are destined to get divorced. This is no truer than saying that buying car insurance destines you to a car accident. Prenuptial agreements not only protect each spouse’s property rights in the event of divorce but they can also help engaged couples effectively communicate about property and debt before getting married. This can be tremendously beneficial to the relationship and help prevent unexpected financial issues during the marriage.
There are certain things that can invalidate a prenuptial or premarital agreement. If you plan to create a prenup, make sure to follow Illinois state guidelines so that your prenuptial agreement is not set aside by the court in the future.
What Should Be Included in an Illinois Prenuptial Agreement
Why Resisting Arrest Is a Bad Idea
Whether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.
Resisting Arrest in Illinois
In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.
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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