Posted on October 19, 2015 in Expungement

A person’s criminal record is available to and viewable by the public and many people who have a criminal record in their history find that the existence of that criminal record causes a lot of problems. A criminal record might prevent someone from getting a job opportunity, or a scholarship. It can even cause a person problems if they are trying to get into professional school. For those individuals with a criminal record, there is the possibility that your criminal record can be expunged.

What Is Expungement?

Expungement is a legal process for which eligible candidates can petition the court of their sentencing county, and, if successful, an expungement effectively erases past crimes, court supervisions, and certain probations from the individual’s criminal record. This means that your criminal record is cleared of any evidence of those particular convictions, supervisions, or probations. To think of this another way, expunged records are destroyed.

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 Posted on October 16, 2015 in Criminal Defense

Every few weeks, local headlines celebrate the success of another prostitution sting. Inevitably, the stories are similar: law enforcement officials went undercover, posing as prostitutes or "johns" to help clear the streets of sex-for-hire activities. While the average citizen may not think twice about such police action, if you have been arrested for prostitution or soliciting a prostitute, the manner in which the sting was conducted can have a drastic impact on outcome of your case. Many stings border on entrapment, and it important to understand exactly what that means.

What is Entrapment?

Under Illinois law, a person is not guilty of criminal activity if he or she was "incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person." Such inducement is called entrapment, and the law is meant to prevent law enforcement from convincing a person to commit a crime they would not have committed otherwise. Providing an opportunity to commit the crime, however, is not considered entrapment, and the part of law upon which prostitution stings typically rely.

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 Posted on October 14, 2015 in Prenuptial Agreements

When many people think about a prenuptial agreement, the first thought that comes to mind is a wealthy, celebrity couple looking to protect their individual assets and property. Prenuptial agreements, sometimes called premarital agreements, are certainly useful in providing financial security in the event of a possible divorce, they do not have unlimited contractual powers. Before signing a prenuptial agreement, it is important to recognize some of things they cannot do.

They Cannot Be Too One-Sided

Provisions regarding the powers and limitations of prenuptial agreements are contained in the Illinois Uniform Premarital Agreement Act. While there are several possible reasons that an agreement could be found to be unenforceable, including coercion or deception, only one concerns the terms of the agreement itself. A prenuptial agreement will not be enforced if it is shown to be unconscionable. So what does that mean?

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 Posted on October 14, 2015 in Domestic Violence

Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

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 Posted on October 12, 2015 in Juvenile Crimes

Bullying in schools is a serious issue that many schools across the country are dealing with and is an issue that is under scrutiny by the public right now. On the one hand, it is important for children to be able to go to school and feel safe, but on the other hand, there is a concern that some children are overly sensitive and that overprotecting children might be doing them more harm than good.

Every school in Illinois is required by law to have a bullying prevention policy in place so that children have a place to learn where they feel safe. Schools not only are launching their own initiatives, but there is also government funding available for schools that make efforts to combat school bullying and other acts of violence in schools.

Where Are Students Protected from Bullying?

Illinois has laws directed to preventing bullying in schools, codified as 105 ILCS 5/23.7, which protects students from being subjected to bullying while a student is:

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 Posted on October 09, 2015 in Criminal Defense

As the Chicago Blackhawks get set to open the 2015-2016 season this week, concern over illicit drug use around the National Hockey League is growing. The NHL, like most professional leagues, has strict testing and disciplinary guidelines in place regarding the use of steroids and other performance enhancing drugs (PEDs), but the rules are less defined in relationship to street and party drugs like cocaine and ecstasy.

Results of Random Testing

As part of the program to eliminate the use of PEDs, NHL players are subject to team-wide testing during training camp and once more during the season. Individuals may also be tested at random under the terms of the league's existing labor agreement. Some 2,400 test are collected each year, of which, about 800 are analyzed more closely for other illegal drugs. Over the last several years, these tests show that cocaine use among NHL players is again on the rise. While the NHL is certainly no stranger to drug issues, including cocaine, the league has made assurances that the situation is a point of focus going forward.

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 Posted on October 07, 2015 in Divorce

The effects of you divorce are likely to be felt throughout many aspects of your life, often for years into the future. But did you know that that your divorce could continue to affect you and your loved ones even after your death? It could if you are not careful, anyway. Following your divorce, it is important to understand how ending your marriage may impact your plans for dividing your estate.

Enduring Contracts

In certain cases, the terms of your divorce agreement may require you to keep your ex-spouse as beneficiary for certain accounts or investments as a form of security for spousal maintenance or property division purposes. More often, however, you will be free to choose new beneficiaries so that your ex-spouse does not stand to collect money or assets that should be going to another family member. It is extremely important to make such changes directly with the investment company or life insurance carrier or else the contract you signed when you opened the account or began the policy may remain in effect, and could possibly take precedence over your divorce decree.

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 Posted on October 07, 2015 in Traffic Offenses

A host of Illinois residents have certainly received traffic tickets over their lives, but many people do not realize that improper lane usage is a ticketable offense until they are involved in an automobile accident or are pulled over for weaving between lanes. While improper traffic lane usage is only a petty offense, a citation can have a significant impact on your driving privileges and could result in an increase to your insurance. Furthermore, this traffic offense is punishable by a fine of up to $1,000 and up to two years of court supervision.

Under 625 ILCS 5/11-709, vehicles driving along Illinois highways and roadways that are divided into multiple lanes that are going the same direction must stay in their own lane as best as possible. A driver can deviate from their chosen lane of traffic only once the driver has deemed it safe to do so. Lane changes are allowed in order to pass another driver who is moving in the same direction as you, but may only be performed once the passing lane is clear and you have a safe distance in which to pass the slower-moving vehicle.

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 Posted on October 05, 2015 in DUI/DWI

As fall arrives, Illinois law enforcement, through the partnership efforts of the Illinois Department of Transportation and the National Highway Traffic Safety Administration, have been actively and aggressively implementing the Drive Sober or Get Pulled Over traffic safety campaign, a campaign designed to improve awareness and crack down on drunk and drugged driving on Illinois roadways, according to one report. The central theme of the Drive Sober or Get Pulled Over campaign is that drunk driving is preventable, and as such one of the main objectives of the campaign is to raise awareness of this fact.

During the time period between August 24th and Labor Day on September 7th, Illinois law enforcement was out in force, with more officers patrolling the roadways and exercising a zero tolerance policy when it comes to drunk or drugged drivers on the road. There was also an increase in the number of traffic safety checks and officers focused on issuing tickets for seat belt law violators without exception under the Click It or Ticket campaign.

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 Posted on September 29, 2015 in Criminal Defense

Consider the contents of your wallet. If it was stolen, what would be the most challenging thing to do without for a few days? Chances are, you could get by without your credit or debit card and insurance identification cards for a little while until you receive new ones. Your driver’s license, however, is a whole different story. Without it, you would probably struggle to board an airplane, purchase alcohol, or even cash a check. However, for many years, the state of Illinois allowed law enforcement officers to take a person’s driver’s license as bail when citing him or her for a traffic violation. Thanks to a law that went into effect earlier this year, though, the practice has come to an end, and it is important to know your rights and responsibilities.

Implementing Sign and Drive

Just over a year ago, the Illinois legislature and then-Governor Pat Quinn recognized the challenges presented to citizens by having their licenses confiscated as bail. They realized that affecting the way that a person goes about his or her daily life was not appropriate based on relative minor severity of most traffic violations. Thus, in August of 2014, the so-called Sign and Drive was officially signed by the governor, taking effect on January 1, 2015.

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