Posted on December 21, 2015 in Criminal Defense

Criminal charges are based on some sort of evidence that was found at the scene of the crime, that tends to point to a particular person. The evidence might not necessarily confirm that a suspect committed the crime, but the evidence suggests that the suspect has some relationship to the crime, such as having been present at the scene of the crime at some point in time or that the suspect had ties to the victim, etc. Alibis are a powerful tool for criminal defense as they can refute criminal accusations.

What Are Alibis?

When a suspect has an alibi, it means that the suspect was somewhere else, doing something else, or was with someone else at the time the alleged crime was committed. A valid and confirmable alibi provides evidence that the suspect/defendant is not the person who committed the crime because he or she was somewhere else or doing something else. An alibi is not an affirmative defense in Illinois, meaning even if the criminal defendant can prove the alibi, the jury is still tasked with making the decision as to whether to convict or not. However, a strong alibi is difficult for the prosecution to refute and the jury to ignore.

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 Posted on December 17, 2015 in DUI

Thanks to a new law signed last month by Illinois Governor Bruce Rauner, the fourth time may be the charm for some of the state’s repeat DUI offenders. Beginning January 1, 2016, those who have been convicted four times for driving under the influence may still be able to obtain a restricted driving permit and get back behind the wheel. The measure has been met with mixed reactions, as many believe that a four-time offender has already squandered his or her opportunities.

Thousands Possibly Impacted

According to recent estimates, there are currently more than 5,000 residents of Illinois who have been convicted of DUI on four separate occasions. Thus, when the measure goes into effect, a significant number of families could potentially be affected. Under current law, a four-time offender is prohibited from legally driving again, making it very difficult to continue working and to provide properly for his or her family. With at least the chance to obtain a restricted driving permit, an offender’s family may not be forced to bear the brunt of his or her actions forever.

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 Posted on December 17, 2015 in DUI/DWI

Many people who are charged with DUI under Illinois law are first-time offenders, and they have no idea what the DUI trial process will be like or even how it should be approached to either get the case dismissed or get the charges reduced. An experienced DUI criminal defense attorney with many years of trial experience can acquaint you with the process, and after developing an understanding of the facts about your specific DUI case, your attorney will be able to help you develop the best strategy for your trial.

The fines and penalties for a DUI conviction are significant and cannot be taken lightly, so presenting your best possible defense to the charges you face is in your interest. You want your DUI charges to go away, and a skilled and experienced criminal defense attorney will be able to evaluate the options that are available. to you. There are a number of strategies you may be able to utilize. For instance, you may present any of the following:

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 Posted on December 15, 2015 in Criminal Defense

Criminal charges need to be brought as soon as possible in order to expedite justice and to ensure that critical components of the crime, such as evidence and witnesses’ recollections of the events that took place, are fresh and viable. But that is not to say that some charges cannot be brought against an accused many months or years after the actual crime took place. As such, one question remains: is there any limit on how long after a crime that charges can be brought?

Most criminal charges are subject to a statute of limitations, which is a window of opportunity in which charges for a crime must be brought against the accused or else they will be time barred, at which point a court will no longer hear the case against the accused. A statute of limitations begins either after the crime is committed or a victim learns that a crime has been committed against him or her. The statute of limitations forces the state’s prosecutors to move forward on a criminal case in a timely manner.

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 Posted on December 10, 2015 in Criminal Defense

One of the most important and difficult decisions to make in many criminal trials is whether or not the defendant should testify. There are many strategic and ethical factors that go into this decision. Before you and your lawyer decide what is best for you case, you need to understand what goes into making the choice.

Your Constitutional Rights

Under the United States Constitution, you have a right to testify on your own behalf in a criminal trial. Neither a judge nor the prosecutor can prevent you from testifying.

You also have a constitutional right not to testify in a criminal trial. This is different than almost any other kind of case. In a civil trial you can be ordered to testify. But, when you are a criminal defendant no one can order you to testify.

There is also an added layer of protection. A judge or a jury cannot make any assumptions about what it means that you did not testify. They cannot assume that means you are guilty. Otherwise, it would impact your right not to testify.

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 Posted on December 10, 2015 in DUI/DWI

In Illinois, if you use the highways or roadways, you are considered to have given consent to chemical testing if you are arrested for driving under the influence under Illinois’ implied consent laws. A chemical test can either be a breath test, blood analysis, or a urine test, all of which are used to determine the blood alcohol concentration of a suspected drunk driver. You have a right to refuse to submit to chemical testing, but there are consequences for doing so, such as the automatic suspension of your driver’s license for refusal under 625 ILCS 5/6-203.1.

You would think that if you have not been drinking, then you would have nothing to fear in submitting to a chemical test, but this is not necessarily the case. There are a number of substances you can legally consume that can produce a false positive on your chemical test. Even if you have not been drinking alcohol, a false positive will cause you to be arrested for driving under the influence.

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 Posted on December 09, 2015 in Divorce

There are countless factors that play into a couple’s decision to get married, just as there are countless factors that affect the decision to divorce. Many studies have been done to analyze some of the various contributing concerns, and, as you might expect, trends often start to emerge. Whether the trends are actually meaningful or simply coincidental is often the basis of additional research, but the trends themselves are pretty interesting. In fact, if such patterns are to be believed, a recent study has found the perfect age at which to get married so that the risk of divorce is the lowest, and it may be somewhat surprising.

Decreasing Risk, then Increasing Risk

According to an in-depth data analysis conducted by Nicholas Wolfinger, professor of Family and Consumer Studies at the University of Utah, the prime age to get married for the first time is 32 years old. It is at that age that the rate of divorce stops decreasing and begins to go back up. Wolfinger’s research was based on information gathered in the National Survey of Family Growth, and was developed using statistical methods to identify nonlinear relationships in the data.

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 Posted on December 08, 2015 in Drug Charges

Heroin addiction in the United States is running rampant, with some areas of the country so affected by the prevalence of heroin addiction that the media often refers to it as a “heroin epidemic.” Heroin is very addictive and in recent years it has become popular to mix heroin with other high-enhancing drugs, which has led to an unfortunate and sobering number of deaths.

A New Approach: Treatment Programs, Instead of Jail Time

Police in small towns across Illinois are taking steps to try and help heroin addicts beat their addiction by providing assistance rather than punishment when addicts come forward seeking help. By working with addicts who want to get off heroin, police officers are getting these addicted individuals into detox facilities and into rehabilitation programs rather than putting them in jail. Addicts can even bring their drugs and paraphernalia to the police station for disposal, and the police will not press charges for heroin possession or possession of drug paraphernalia.

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 Posted on December 01, 2015 in Divorce

Have you ever had an experience with another person after which you felt closer than ever? Whether it was a magical vacation, witnessing a historic event, or any other occasion, you may have known immediately that your relationship with that person would never be the same. While many certainly have had such an experience, for many others, certain events may have the exact opposite effect. Somewhat surprisingly, some of the very same experiences that pull some people closer together may, in fact, plant a seed of division that ultimately drives others apart. Between friends and family members, the relationship may simply cool off, but for a married couple, such life events may push the spouses toward divorce.

In Sickness and in Health…

A happy, productive marriage takes a great deal of work from both spouses. When one spouse develops a serious health condition or chronic illness, however, the relationship can change quickly. An illness or disability often means that one partner is expected to shoulder more of the responsibility for maintaining the marriage, which some individuals are just not able to handle. Health concerns can also create significant financial challenges as well. Interestingly, though, the likelihood of divorce due to a spouse’s illness seems to be directly affected by which spouse gets sick, as divorce rates go up when it is the wife who falls ill, but remain about the same when it is the husband.

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 Posted on November 30, 2015 in Division of Property

When you are single, anything and everything you buy belongs solely to you. Any shopping trip or purchase decision impacts only you and the people with whom you choose to share that purchase. When you are married, on the other hand, the property you acquire is, in most cases, no longer just yours. Instead, it is part of what is known as the marital estate, meaning that both spouses claim equitable ownership of the asset, regardless of which spouse bought or earned it. During the marriage, of course, most couples are generally happy to share their property in this way. In divorce, however, the situation may get a little more complicated.

What is Marital Property?

Under the law regarding divorce in Illinois, only marital property is subject to division between divorcing spouses. Therefore, the law also contains provisions defining marital property. Any property acquired by either spouse during the marriage is a marital asset with a couple of very limited exceptions. Acquired property can be physical items, such a car or piece of furniture, real estate, or an amount of money, such as employment-related wages or investments. As far as the law is concerned, it makes no difference which spouse earned or purchased the asset, for what reason, or even whose name is on the loan or title; if it occurred during the marriage, it is part of the marital estate.

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