Posted on January 09, 2017 in Criminal Defense

In Illinois, one of the most commonly imposed penalties for misdeeds is to suspend or revoke an individual’s driving privileges. There are countless ways in whichyou could lose your driver’s license in Illinois; therefore, understanding why your license could be suspended or revoked is important.

Refusal to Submit to Chemical Testing

Under Illinois’s Implied Consent Law, anyone who drives on the roadways in Illinois has given implied consent to submit to chemical testing in the event that he or she issuspected by law enforcement of driving under the influence of drugs or alcohol. However, Illinois drivers have the right to refuse chemical testing.

One consequence of refusing chemical testing is that your driver’s license will be suspended for at least six months. If you refuse to submit to chemical testing after being involved in an automobile accident where you are suspected of driving under the influence, your driving privileges will be revoked for at least one year.

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 Posted on January 06, 2017 in Divorce

It is well understood that disputes over money and finances can take a serious toll on a marriage. In fact, many sources suggest that disagreements regarding money are among the leading causes of divorce in the United States. A recent study suggests, however, that a different factor may have even more of an impact than money on a couple’s likelihood of divorce: the employment status of the husband.

Harvard Study

Alexandra Killewald, a sociology professor at Harvard University in Cambridge, Massachusetts, examined more than 40 years worth of data covering more than 6,300 married American opposite-sex couples. According to her findings, couples who married before 1975 were more likely to divorce if the husband and wife shared household duties equally-due, perhaps, to the "non-traditional" division of responsibilities. From 1975 forward, however, household responsibilities have not shown to impact the divorce rate very much, but the husband’s employment has.

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 Posted on January 04, 2017 in Juvenile Crimes

All too many Illinois juveniles end up in the hands of the law after committing minor offenses. A minor might get caught in possession of marijuana, or prescription drugs, or might get arrested for driving under the influence of drugs or alcohol. Minors often wind up in trouble for theft and are charged with shoplifting, robbery and criminal trespassing.

Minors who are arrested and charged with these offenses have to be booked in to jail and then make an appearance in court. Juveniles who are charged with offenses need to get in touch with an experienced criminal defense attorney who has experience in juvenile matters.

One of the most upsetting and often embarrassing aspects of a juvenile’s court appearance for a criminal matter is having to appear before ajudge in shackles. For nearly 30 years it has been customary for juveniles to wear restraints when making a court appearance, regardless of the nature oftheir alleged crime. The thought process behind this protocol is that it promotes courtroom safety and can protect the juvenile from hurting themselves and others. Minors often feel intimidated and humiliated by the experience, and what makes it worse is if the accused minor is actually innocent.

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 Posted on January 02, 2017 in burglary

The word burglary often brings to mind amasked person stealing money from a bank, breaking into a car, or stealing money, jewelry, or other property from a home. However, under Illinois law,burglary can occur in many other places. To limit your understanding of the crime of burglary to only homes and cars would be overly narrow and inaccurate.

Elements of the Crime of Burglary

It is considered burglary to break into and enter a place without permission, such as trailers, buildings, and motor vehicles. But burglary also includes other transportation vehicles, such as watercraft and aircraft, with the intent to commit theft of any other felony offense. When the location that is broken into is a home or other dwelling, i.e., a place where someone sleeps, it is considered residential burglary.

Burglary is not limited tophysical breaking into a new building or vehicle. You do not have to force open a lock or break a window to gain access to abuilding or vehicle in order to constitute an entering for the purposes of burglary. Other ways of gaining entry into a building or vehicle mayinclude:

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 Posted on December 30, 2016 in Divorce

It is a trope often repeated in movies, television shows, and popular music. When a couple gets divorced, everyone “knows” that each spouse gets half of all of the couple’s property, including the assets that each person had coming into the marriage-unless, of course, the couple had a prenup. This well-known “fact,” however, is not a fact at all, at least not in the state of Illinois. In some states, marital property is divided exactly in half-though what constitutes marital still does not usually include previously-owned assets. In Illinois, the laws regarding property division in divorce are based on the principles of equitable distribution, meaning that each spouse receives part of the marital estate but not necessarily in equal proportions.

Equal is Not Always Fair

The Illinois Marriage and Dissolution of Marriage Act provides that when a divorcing couple cannot agree on how to divide their marital property, the court will allocate their assets and debts in a manner that is fair and just. Nowhere in the law is there a guarantee that the split should be 50/50. Instead, the court will examine the circumstances of the marriage and of each party to determine how much of the marital estate each spouse should receive to ensure that neither is placed at an unnecessary financial disadvantage.

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 Posted on December 26, 2016 in License Suspension

Being able to drive in Illinois is a privilege, not a right. In order to drive in Illinois, individuals must obtain a driver’s license, and then must obey the rules of the road in order to keep their driver’s license. Committing traffic violations and criminal offenses can lead to the suspension or revocation of a person’s driver’s license. A driver’s license suspension means that your driving privileges are temporarily suspended for a period of time and/or until you pay a required fee. A driver’s license revocation is the termination of your driving privileges indefinitely with no guarantee that you can get them reinstated.

What Offenses Can Lead to a Driver’s License Suspension?

Having your driver’s license suspended can be a major inconvenience. Additionally, you may be required to pay a reinstatement fee in order to get the suspension removed from your driver’s license. There are certain requirements that must be satisfied in order to seek the reinstatement of your driver’s license, and an experienced driver’s license reinstatement lawyer can advise you on what you need to do.

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 Posted on December 23, 2016 in DUI/DWI

If you are arrested for driving under the influence (DUI) of drugs or alcohol in Illinois, it is critically important that you fight the criminal charges that are pending against you. In order to do that, you will need an experienced DUI criminal defense attorney by your side fighting for you the whole way. These are important charges that you need to get reduced or dismissed-the consequences of being convicted for a DUI are life-altering and long-lasting. At worst, a lawyer can simply ensure that you receive fair treatment under the law. Consider the followingwhen looking for a DUI defense attorney.

An Attorney Who is Qualified and Experienced

If you have been charged with a DUI, it is important to hire an attorney who is experienced in handling DUI defenses just like yours. An experienced DUI criminal defense attorney will know the specifics of the law, will understand the criminal court system, and will listen to you as you explain what happened that caused you to get arrested. The outcome of your defense will impact your life in a big way. Do not put your fate into the hands of an inexperienced attorney.

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 Posted on December 21, 2016 in Traffic Offenses

Many people have been guilty of speeding at some point in time when they are behind the wheel of a vehicle. Sometimes it happens on accident, while other times adriver purposefully means to exceed the posted speed limit. However, ifyou are caught speeding by Illinois law enforcement, aticket for violating the state’s speeding laws will be issued to you.

Receivinga traffic ticket can adversely affect you if you admit your guilt to your traffic offense. For instance, if you go to the courthouse and immediately pay your ticket without fighting it in traffic court, you effectively have made an admission that you are guilty of the speeding charge.

Admitting guilt for a traffic violation can result in the addition of points to your driver’s license. If you accumulate too many points, then serious consequences can result. Too many points can mean that your license will be suspended, which will make traveling more difficult for you without the ability to drive. Ultimately, much is at stake when you are issued a traffic ticket for speeding. Hence, it is important that you fight your speeding ticket. With the help of an experienced Illinois traffic offenses defense attorney it might be possible to get your charges reduced or dismissed altogether.

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 Posted on December 16, 2016 in DUI/DWI

When a person is stopped by law enforcement for a traffic violation, and the officer who made the traffic stop develops a reasonable suspicion that the driver of the vehicle is intoxicated by alcohol, the police officer can request that the suspected drunk driver submit to a breathalyzer test.

A breathalyzer test is a chemical test that analyzes the amount of alcohol on a person’s breath and then determines whether the person has a blood alcohol concentration that is over the legal limit of 0.08. Under Illinois implied consent law, drivers are required to submit to a breathalyzer test upon a police officer’s request or else face consequences, such as the automatic suspension of their driver’s license. But remember: you do have the right to refuse to submit to a breathalyzer test.

Even if you are pulled over and you do submit to breathalyzer testing, there are many things that could render your breathalyzer testing results invalid. It is well established that breathalyzer tests are not foolproof and there can be any number of procedural mistakes that could make your test results invalid. Invalid breathalyzer test results cannot be used against you in a DUI case against you. A few examples of things that can make your breathalyzer test results invalid include:

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 Posted on December 15, 2016 in Child Custody

If your child has recently gone through a divorce, you are likely wondering how his or her parenting arrangements for his or her children will affect you and your time with your grandchildren. You might be wondering what rights you have to spend time with your grandchildren and whether or not time with you is considered as part of their custody arrangement.

The short answer to your questions is this: unless you have court-ordered guardianship of your grandchild or grandchildren, your child and his or her former spouse are not legally required to have their child spend time with you. However, if you are routinely denied the opportunity to spend time with your grandchild, you may file a petition to have the court grant you visitation rights with your grandchild. Visitation rights are written into the Illinois Marriage and Dissolution of Marriage Act along with other laws related to a child’s well-being.

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