Posted on April 24, 2017 in Domestic Violence

Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these actsagainst a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

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 Posted on April 21, 2017 in Division of Property

For many couples, dividing the marital estate is one of the most challenging elements of the divorce process. Before the property that constitutes the marital estate can be allocated between the spouses, the value of the assets must be established.

Equitable Distribution in Illinois

With very limited exceptions, Illinois law provides that property-including assets and debts-acquired by either spouse during a marriage is considered marital property. Marital property is subject to division in a divorce. Absent a negotiated agreement between the spouses, the court is statutorily required to divide the marital estate in a manner that is equitable and just based on an examination of a large number of circumstantial factors. It is important to realize that "equitable" does not necessarily mean "equal" so one spouse could receive a larger portion of the marital estate than the other.

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 Posted on April 21, 2017 in Drug Charges

Many people who live in Rolling Meadows and the surrounding communities do not have United States citizenship. These individuals are living in the U.S. on a visa or as a permanent resident, or because they hold a green card. Immigrants who are in the United States legally, or even illegally, andfind themselves in trouble with the law over drug offenses could face deportation or removal from the country if they are convicted.

Non-U.S. citizens who are deported are often prevented from reentering the country again for many years after their deportation. Often times, non-U.S. citizens who are convicted for drug crimes involving controlled substances or methamphetamines are more likely to be deported or removed from the country than someone who is convicted for marijuana possession based on small quantities of marijuana. The harder and more addictive the drug that is involved in the crime, the more serious the consequences may be upon conviction.

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 Posted on April 17, 2017 in Drug Charges

When many people think about drug charges, they incorrectly assume that a conviction is not a serious matter. For instance, most minor marijuana-related offenses are only punishable by a civil fine, and most low-level drug offenses are misdemeanors. With the stakes so low, people are often not worried if they get caught by the police. However, it is possible for you to go away to jail for life over a drug offense, which is not something that should be taken lightly.

Circumstances Where You Could Face Life in Prison for a Drug Conviction

There are several circumstances when it comes to drug-related crimes that could land you in jail for the rest of your life if you are convicted. Not only could you be facing state drug laws, but you could also be facing federal drug laws, which are often more strict and carry tougher penalties.

Being Caught in Possession of Large Amounts of Cocaine

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 Posted on April 14, 2017 in DUI/DWI

Operating a vehicle under the influence of any drug or combination of drugsis illegal in Illinois. Even though medical marijuana is legal with a valid medical card in Illinois, the state previously had a zero-tolerance policy regarding the presence of tetrahydrocannabinol (THC) in one’s system.

Governor Rauner signed SB 2228 into law which made changes to the Illinois DUI statute. Instead of investigating whether there are trace amounts of THC in a defendant’s blood, this new law creates a tiered system for impairment.

The new law dictates that it is now illegal to drive or be in actual control of a vehicle with more than 5ng of THC per ml of a person’s blood or bodily substance. Officials have determined this level is close in proximity to the .08 blood alcohol content (BAC) level for driving under the influence.

While this change in the law leaves some uncertainty in the community, it corrected a legal paradox where a person could be charged with a DUI for cannabis that he or she may have smoked or consumed over a month prior.

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 Posted on April 10, 2017 in Traffic Offenses

The Illinois state police are motivated to help reduce instances of automobile accidents and traffic fatalities in and around Rolling Meadows, Illinois. That is why state law enforcement focuses on four moving violations known as the “FATAL-4”, which are four moving violations that pose the highest rate of causing traffic fatalities.

Law enforcement looks particularly closely for signs that drivers are committing any of the FATAL-4 driving offenses. The traffic offenses that make up the FATAL-4 include:

1. Driving under the influence of drugs and/or alcohol. Under 625 ILCS 5/11-501, it is illegal to drive a motor vehicle while under the influence of drugs and/or alcohol in Illinois. A person is considered to be too drunk to drive when he or shehas a blood alcohol concentration of 0.08 percent or if his or herability to safely operate the vehicle is compromised. Driving while under the influence impacts a driver’s ability to judge distance and speed and can render a driver incapable of operating his or hervehicle safely.

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 Posted on April 07, 2017 in Child Custody

A divorce is almost always incredibly stressful for everyone involved. Young children, however, often experience the most serious challenges adjusting to all of the changes. A divorce can also affect a child for years to come after the final decree is entered. There are a number of things that you can do as a parent can help your child manage the reality of your divorce.

Listen to Their Concerns and Problems

As with adults, children feel most loved and cared for if they feel that that their parents are listening to them. This is more than just letting them talk. Listening means that you must show you understand what they are worried about and refrain from expressing judgment. While you may be able to offer solutions, your children should not be made to feel guilty about their thoughts and feelings.

Find Someone to Help You

You may feel like you are doing well, but a divorce can wear you down. It is easy to vent to your children and to give more them more information than they know how to handle. This kind of venting can confuse children, make them feel anxious, and can harm their relationship with the other parent. If you need to speak with someone, find a trusted friend or a professional counselor. Be sure to have such conversations away from your children. Doing so will likely give you more patience with your children and can help you manage your stress level.

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 Posted on April 07, 2017 in DUI/DWI

Countless people in Illinois get behind the wheel while under the influence of alcohol or drugs, despite knowing thatdriving under the influence is illegal. Adriver maythink that he or she issober enough to driveor willnot get caught. However,if you arecaught, you will quickly find out that Illinois law enforcement does not take DUI very lightly.

Police are often harsh on drivers who are intoxicated behind the wheel and they will often look for ways to stack up as many criminal charges against an intoxicated driver as possible. But in some situations the driver actually gives the police good reason to add on additional criminal charges.

Extra Charges When the DUI Results in An Accident

If you are driving under the influence and you cause an accident, either a single vehicle accident or an accident involving another vehicle, when police arrive at the scene, they will look for every way that they can to charge you with criminal charges in addition to your DUI. For instance, if anaccident was the result of your speeding or reckless driving, police will charge you with DUI, in addition to a reckless driving or speeding charge.

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 Posted on April 03, 2017 in Burglary

If you have been arrested and charged with burglary, you are most likely feeling scared and unsure about what you should do next. A few questions might run through your head, including:

• What is going to happen to you?
• Are you going to go to jail?
• What will court be like?
• Is there anything that you can do to fight your charges?

Being charged with a crime is overwhelming, and you likely do not have a background in criminal law. That is why you need an experienced burglary criminal defense lawyer to help you fight your charges. Your lawyer understands the criminal justice system and is familiar with what happens in criminal court. You need guidance and advice as you deal with your criminal charges, and a seasoned lawyer can help you.

What Constitutes Burglary and Residential Burglary in Illinois?

Under 720 ILCS 5/19-1, burglary is defined as when a criminal defendant enters property owned by someone else knowingly and without permission, and with the intent to commit a theft or a felony once inside the property. The property can include homes, garages, guest houses, apartments, sheds, and house trailers. However, it can also include vehicles like cars, boats, airplanes, and even railroad cars.

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 Posted on March 29, 2017 in Criminal Defense

Everyone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, peopleare often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

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