Posted on June 14, 2019 in Divorce

One of the most contentious issues during many divorces is the division of marital assets. In Illinois, marital property and debt is divided though a method called equitable distribution. Some states simply split the marital estate in half during divorce, but Illinois takes a more fine-tuned approach. Illinois courts will consider many factors when determining how property will be divided during divorce including each spouse’s financial circumstances, employability, health, and more. Before the marital estate can be divided, however, courts must determine what property is marital and subject to division and what property is separate property not subject to division.

Marital Property is Property Acquired During the Marriage

According to equitable distribution laws, only shared property or marital property is divided during a divorce. Separate property is not divided and is instead assigned to the owner of that property. Determining which property is marital and which is separate can become quite complex.

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 Posted on June 12, 2019 in DUI/DWI

It was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.

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 Posted on June 06, 2019 in Child Custody

Many parents who get divorced choose to co-parent their child. If you plan on sharing custody-formally called the allocation of parental responsibilities-with your child’s other parent, you will be required to create a parenting agreement. This agreement is used by the courts as a way of establishing how parental responsibility of a child is shared between two unmarried parents.

There are certain elements of the parenting agreement which you must include, but you are free to include as much additional information as you want. A parenting agreement can become more than just another piece of paperwork which you must fill out; it can form the foundation of a healthy, productive, and cooperative co-parenting relationship.

What Must Be Included in an Illinois Parenting Agreement

Certain information is required to be entered into an Illinois parenting agreement. These items include but are not limited to:

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 Posted on June 03, 2019 in Traffic Offenses

The last week of April was Distracted Driving Awareness Week in Illinois, and troopers all across the state participated. Over the seven-day span, they issued a total of 566 distracted driving tickets. The campaign could not have come at a better time, as drivers in Illinois are about to face much steeper penalties if they regularly text and drive.

Current Illinois Law on Texting and Driving

Currently in Illinois, it is illegal for any driver to use a handheld device while driving. This is covered under the statute 625 ILCS 5/12-610.2. This law, which is one of the stricter distracted driving laws in the country, states that no driver shall hold a cellphone or electronic device, including tablets, while they are behind the wheel of a car that is moving.

Under this law, there are only a few instances in which the use of an electronic device is legal. These include:

• If the device is built into the car, such as a GPS;

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 Posted on May 30, 2019 in Traffic Offenses

In the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.

Scott’s Law

According to 625 ILCS 5/11-709, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”

The law applies to any vehicle that has flashing lights, a siren, or both. Police vehicles are the most common emergency vehicles seen along the side of the road, but the law also applies to ambulances, firefighters, and even tow trucks in some cases. Construction vehicles could also fall under the definition of emergency vehicle according to Scott’s Law. Motorists wishing to keep safe and avoid penalties should simply move over when approaching flashing lights ahead.

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 Posted on May 25, 2019 in Domestic Abuse

When you hear the words "domestic violence" do you imagine a bruised and battered spouse? While domestic abuse does often involve overt acts of physical violence, not all abusive relationships are obvious to others. In fact, many people who are in an abusive relationship may not even realize it. They incorrectly assume that because their abusive partner is not literally punching and kicking them that the spouse’s demeaning, frightening, or threatening behavior is not abuse. Nothing can be further from the truth. Read on to learn about the more subtle signs of domestic violence and what you can do if you are currently in an abusive relationship.

Humiliation, Threats, and Isolation Are Signs of Abuse

The laws regarding domestic violence are listed in section 750 of the Illinois Compiled Statutes and are collectively called the Illinois Domestic Violence Act of 1986. In the act, the word "abuse" is defined as "physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation…" This means that according to the law, abuse does not have to be physical to be considered domestic violence.

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 Posted on May 23, 2019 in Felony

Recently in Macon County, a man was found guilty of delivering heroin, which is a Class X felony. While many people understand what a Class 1 or Class 4 felony is in the state, what exactly is a Class X felony in Illinois?

Other than first-degree murder, which is not classified, a Class X felony is the worst charge a person can face. It has mandatory jail time, and sentences are typically for a long period of time. Due to this mandatory sentence, negotiating with the prosecution to reduce the Class X felony charge is very difficult. Anyone charged with this type of felony in Illinois must speak to a Rolling Meadows criminal defense attorney to give them the best possible chance of success in court.

Class X Felonies in Illinois

Under Illinois law, there are ten different charges classified as a Class X felony. These include:

• Aggravated kidnapping;
• Aggravated battery with a firearm;

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 Posted on May 17, 2019 in Divorce

If you are thinking about ending your marriage, you may be completely unsure of where to start. If you are like most people, you probably never though you would be at this point when you first got married. The complexity and duration of your divorce will depend on the type of life you and your soon-to-be ex-spouse have built together, whether or not you have children, the assets and debt you have accumulated during the marriage, and more.

Because every divorce depends on the couple’s unique circumstances, there is no one-size-fits-all method for managing an efficient and minimally-stressful divorce. However, experts do have some advice for how to avoid common mistakes during the divorce process.

Only Considering the Short-Term Consequences of Your Decisions

Understandably, divorce is a highly emotional time for many people. If you are getting divorced, you may have to consciously remind yourself to make decisions that are best in the long run instead of decisions based on emotions. For example, some individuals are determined to fight their spouse for ownership of the house during a divorce. However, keeping the house may not be the best decision for everyone. Some people end up keeping the house but giving up a retirement plan account or other valuable investment or asset. This can result in them losing future investment-return gains and being cash-poor in the future. Some divorced individuals find that a large house and yard are too expensive to keep on their own anyway. In order to avoid this pitfall, it may be in your best interest to discuss your financial options with a professional.

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 Posted on May 16, 2019 in Drug Charges

A Du Quoin man was found in possession of a small amount of heroin in early April. That was a violation of his parole and he was sent back to the Illinois Department of Corrections to serve out the rest of his sentence on previous charges.

Heroin possession is considered one of the most serious drug crimes in Illinois. Those convicted will have a criminal record for the rest of their life and could face several years in prison, as well as extremely high fines. While the penalties for heroin possession are extremely harsh within the state, a criminal defense lawyer can help those charged and give them the best chance of a successful outcome in court.

Illinois Law on Heroin

Heroin is classified as a Schedule 1 drug on the Illinois Controlled Substances Act and is illegal for anyone to possess, manufacture, or distribute. The specific classification of being on Schedule 1 means that heroin is considered a “hard” drug. In the eyes of the law, this is the most serious designation and as such, law enforcement and the prosecution pursue these cases aggressively.

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 Posted on May 09, 2019 in Criminal Defense

Illinois lawmakers want to change the laws on mandatory minimum sentences for some crimes. In mid-April, the Illinois House of Representatives voted on legislation that would give judge’s more discretion during sentencing. If recent House Bill 1587 becomes law, judges could consider further reducing minimum mandatory sentences for individuals convicted of drug possession, retail theft, and driving on a revoked license because of unpaid fines, child support, and other financial obligations.

The Court System and the Proposed Law

Currently, when a defendant is convicted of a crime, a judge has a range of sentences to choose from during sentencing. Each crime has a minimum mandatory sentence, as well as a maximum mandatory sentence. Judges are granted some discretion, but they cannot move outside of that range. A judge will consider a defendant’s past criminal history, and the nature surrounding the crime and determine what sentencing within that range is fair.

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