Posted on January 19, 2016 in Child Support

For a number of years now, Illinois family courts have had the authority to order one or both parents to contribute toward the post-high school education of their children. In fact, the court even has the discretion to order college expense support to be drawn from the estate of a deceased parent. However, until very recently, each case was considered entirely on its own merits with little in the way of standardized guidelines to provide consistency. Beginning this year, the future of non-minor support proceedings may look significantly different.

Subjective Decisions

In years past, a parent looking for help paying for his or her child’s college expenses could ask the court to require the other parent to assist. The court would examine three relatively subjective factors in making its determination, including the financial resources of each parent, those of the child, and the child’s academic performance. Everything else was considered on a case-by-case basis, including the choice of school, the appropriateness of the educational program, and the costs to cover reasonable expenses.

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 Posted on January 18, 2016 in Expungement

When you are convicted of a crime in Illinois, you may not want everyone to know that you have been convicted. Unfortunately, as a general rule, most criminal records are made available for public inspection. However, certain crimes may be eligible for expungement, which means that all records about that crime can be completely removed from the court records and indexes except for a copy that is provided to you, or sealing. Sealed records are kept confidential, and only a limited set of people may access them.

In some situations where you were charged with a crime, but not convicted, a criminal record will be generated, but it may also be eligible for expungement or sealing. Expungement of a criminal record is the best possible scenario, but sometimes it is not possible to obtain an expungement because the crime is ineligible. The next best option would be to try and have the record sealed.

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 Posted on January 14, 2016 in Criminal Defense

White-collar crime is a term that refers to many different offenses. It is not an official legal category of crime. The term is most often used to refer to non-violent property or financial crimes. There is often a component of fraud or fiscal impropriety to white-collar crimes.

Types of White-Collar Crimes

Because the law does not distinguish between white-collar crimes and other types of crimes, it is not possible to provide a comprehensive list of everything that may be considered a white-collar crime. Additionally, there are both Illinois state crimes and federal crimes that are often considered to be white-collar offenses.

Here are a few crimes that are generally considered to be white-collar crimes:

• Embezzlement;
• Bank fraud;
• Securities fraud;
• Identity theft;

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 Posted on January 13, 2016 in Your Rights

Many people who have been taken into custody feel pressured and scared. When criminal suspects do not know their rights, there is a chance that law enforcement will take liberties with the suspect, questioning them and trying to draw out a confession, when the suspect should have asked for an attorney. Juveniles accused of a crime are particularly at risk for this to happen to them. Sometimes, law enforcement will say that the suspect admitted to something, or confessed, when in reality they did not, or sometimes law enforcement will twist something the suspect says and call it a confession. Regardless of how it happens, these are not true confessions. They are fake or coerced, and should not be taken as the truth.

Police and prosecutors will treat a false confession as if it were real, and proving that the confession was fake or coerced from the start can be challenging. A false confession can lead to a criminal conviction, a long prison sentence, and a lasting criminal record.

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 Posted on January 12, 2016 in Child Support

With the recent updates to the Illinois Marriage and Dissolution of Marriage Act taking effect this month, 2016 promises to be a year of change for families around the state. New laws regarding divorce, parental relocations, and what used to be known as child custody mean that a period of transition is just beginning, one that will likely last for a number of years. Child support, however, was not really addressed in this year’s updates, though the legislature did indicate that it may take up the issue in the near future.

Percentage of Obligor’s Income

In Illinois, most orders of child support require a parent who does not have the majority of the parenting time with his or her child-formerly the non-custodial parent-to make payments to the other parent. The payments are intended to help the parent with primary residential responsibilities to provide the child with basic necessities, including shelter, food, and clothing. The existing law provides a basic guideline for determining the amount to be paid as a function of the supporting parent’s net income and the number of children to be supported. A supporting parent is expected to pay 20 percent of his or her income for one child, up to 50 percent for six or more children. Deviations from the standard are permitted, and must be based on the courts consideration of the family’s circumstances.

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 Posted on January 11, 2016 in Forgery

When an act of forgery involves money in someway, the crime is generally characterized as a white collar crime. According to 720 ILCS 5/17-3, forgery occurs when a person knowingly, with the intent to defraud someone else, makes a false document, object or statistic, or alters any of these to make them false. The forgery must be capable of defrauding another individual. Simply supplying a document that you know to be false can be considered forgery, as can merely having a forged document in your possession, with the intent to defraud another.

Forgeries can take many forms. Some of the most common examples of forgery include:

Identity Theft

Forged documents are commonly used in identity theft cases. One person poses as another by misrepresenting their identity, which can be as simple as filling out a form as if you were someone else, or manufacturing a fake passport or driver’s license with your photo, but someone else’s personal identification information. These crimes often arise when a person tries to take out a line of credit or obtain a credit card with personal identification information that has been misappropriated or stolen.

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 Posted on January 07, 2016 in Criminal Defense

Illinois’s medical marijuana program has only recently gone into effect. For many, the new law will give them access to much needed treatment options. But, there are also potential legal complications that can come into play if people are not careful. You could still find yourself facing serious drug charges, even if you do have a medical marijuana card.

Compliance With the New Law

Before you can legally buy medical marijuana you must:

• Complete the multi-step application process;
• Have received a diagnosis of one of the legally approved conditions;
• Register with a single dispensary; and
• Receive your medical marijuana identification card

If you do not follow all of these steps, you can still be arrested, charged, and convicted of a drug crime.The application process includes running a criminal background check, so if you have a history of certain drug crimes you can be denied a medical marijuana card.

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 Posted on January 06, 2016 in Criminal Defense

If you are being charged with a crime in Illinois, your charges will be formally read to you at your arraignment hearing. You will be required to enter a plea, or an official statement as to whether you are guilty or not, at this time to the charges you face. You have four plea choices in Illinois: not guilty, guilty but mentally ill, guilty and no contest.

Not guilty, guilty but mentally ill and guilty pleas are specifically provided for under 725/ILCS 5/113-4(a). Pleading no contest is limited to only certain situations, and the court does not have to accept a no contest plea.

In all cases, it is very important that you consult with an experienced criminal defense lawyer to determine which plea is best for your particular circumstances. Which plea you choose will play a significant role in how your criminal case will proceed, and your plea choice could also have a lasting effect on your life since pleas are made part of your criminal record.

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 Posted on January 05, 2016 in Divorce

After months of waiting, changes to the Illinois Marriage and Dissolution of Marriage Act have finally gone into effect. Passed by the state legislature in the spring of 2015 and signed by Illinois Governor Bruce Rauner in July, the amendments are among some of the most significant changes to civil and family law in nearly four decades. The full procedural impact of the updates remains to be seen, as attorneys and courts around the state have just gone back to work for the new year, but many of new provisions are fairly straightforward, especially those pertaining to new filings for divorce.

Irreconcilable Differences Only

One of the biggest changes to come down in the new law affect the available grounds for divorce in the state. For generations, a divorce could be granted on the basis of negative or destructive behavior of one spouse. These behaviors included those that one would normally associate with divorce, including adultery, bigamy, repeated mental or physical cruelty, abandonment, and habitual substance abuse. In the mid-1980s, however, the law was updated to include the no-fault grounds of irreconcilable differences, acknowledging that something terrible was not necessary to prove a marriage was not working.

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 Posted on January 04, 2016 in DUI/DWI

When an individual is arrested for driving under the influence of drugs or alcohol and refuses to submit to chemical testing or submits to a chemical test that reveals a blood alcohol concentration of 0.08 or higher, that individual will be subjected to a statutory summary suspension of his or her driving privileges under Illinois law. This can be a terrible situation for an individual who needs to be able to drive. If you have been subjected to a statutory summary suspension of your driver’s license in Illinois, you need to consult with a criminal defense attorney to see if there is any way for your suspension to be rescinded.

Summary suspensions can be rescinded (meaning taken back or canceled) for a number of reasons, if a petition to rescind is filed within 90 days of the service of the notice of summary suspension. A skilled DUI defense attorney can identify any potential reasons why your summary suspension should be rescinded and can help you file your petition within the statute of limitations for a rescission.

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