Posted on September 22, 2015 in Divorce

According to the law in Illinois, nearly all property acquired by either spouse during the course of marriage is considered part of the marital estate and is subject to division in the event of divorce. This generally includes all wages derived from employment, even if those funds have been invested into a retirement account set up in the name of just one spouse. The same is true for a pension, as its value is attributable to the working effort of a spouse, which, in the context of a marriage, causes the asset to become marital property.

All, Some, or None?

If you have been actively saving for retirement for many years, it is very possible that your retirement account, including a 401(k) or an IRA, existed long before your marriage was even a consideration. The contributions and the resulting increase in value of the investment made during the marriage are part of the estate. The contributions and value increases prior to the marriage or after your divorce are not included in the division of property process.

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 Posted on September 21, 2015 in Domestic Violence

Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.

When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.

Stalking

For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.

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 Posted on September 17, 2015 in DUI

When you have been arrested on suspicion of driving under the influence (DUI), your life is likely to change dramatically. In addition to potential criminal penalties, your ability to drive legally may be severely hampered by administrative suspensions and revocations. Prior to sentencing, in most cases, and certainly before driving relief will be considered, Illinois law requires an individual arrested for DUI to undergo an alcohol and drug evaluation.

Purpose of the Evaluation

The state of Illinois has a vested interest in maintaining public safety and identifying potential risks created by drivers with substance abuse issues. Therefore, by requiring the evaluation, the state receives an objective overview from licensed professional regarding the extent of a driver’s drug and alcohol use, and the likelihood of future occurrences of driving under the influence. The results of the evaluation may also be used to recommend intervention treatment as part of the court-ordered conditions included in the disposition of the case.

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 Posted on September 16, 2015 in Juvenile Crimes

Illinois has very strict laws when it comes to underage individuals driving under the influence of alcohol. Illinois is a zero tolerance state, meaning that if an underage driver is asked by law enforcement to submit to a chemical test and it is discovered that the underage driver has a blood alcohol concentration (BAC) of anything other than zero, the underagedriver will be subject to penalties.

Under Illinois’ zero tolerance law, when a law enforcement officer makes a traffic stop and the driver is under the age of 21 and the officer has reason to suspect that the driver may be operating the vehicle under the influence of drugs or alcohol, the officer can require that the underage driver submit to a chemical test. Any concentration of alcohol in the test results will result in the underage driver being arrested and processed for driving under the influence (DUI).

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 Posted on September 15, 2015 in Child Support

It is the legally-recognized right of a child in Illinois to expect financial support from both parents, regardless of the relationship between them. It is impossible, of course, to legally mandate a healthy relationship between a child and both parents, but the state does have the ability to enforce orders of child support. If you are like most parents, you are more than willing to help provide for your child and make every effort to remain current on your ordered payments. What happens, though, when life changes make it difficult to meet your support obligations?

Creating the Original Order

In the vast majority of situations, the obligation to pay child support falls upon the parent who is not granted primary physical custody of the child. Illinois law provides a basic formula for calculating child support payments, based primarily on the payor’s net income and the number of children to be supported. Other circumstantial factors can be taken into account, including the resources and income of the custodial parent, as well as the physical, medical, and educational needs of the child.

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 Posted on September 14, 2015 in Traffic Offenses

A driver can receive a citation for a number of different traffic violations that involve failing to reduce their speed when a situation on the road warrants slowing down. A few commonly cited traffic offenses that require drivers to reduce their rate of speed include the failure to slow down or reduce speed for emergency vehicles, a failure to slow in a construction zone, and a failure to slow in order to avoid an accident.

Ticket for Failing to Slow Down for Emergency Vehicles

Scott’s Law, 625 ILCS 5/11-907, in memory of Chicago Fire Department Lieutenant Scott Gillen who was killed by a passing motorist while attending to a roadside emergency situation, requires that drivers reduce their speed and attempt to change lanes to give emergency vehicles the space they need to safely tend to emergencies. This includes giving emergency vehicles the right of way when they are driving on the road as well as when they are parked on the side of the road so that emergency responders can safely and effectively respond to an accident or emergency situation.

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 Posted on September 10, 2015 in Criminal Defense

"Victimless crime" is a common phrase used to rationalize certain illegal behaviors, such as public intoxication and recreational drug use. It implies that no other party was injured or damaged by the activity and, in the minds of certain groups, should be therefore punished less harshly or not at all. While there may be some merit to such an argument, could it possible to commit a crime against yourself? Based on recent case in North Carolina in which a teen girl was charged with sex crimes against herself, the answer seems to be "maybe."

Teen Sexting

According to a number of recent studies, as many as one in four teens engage in sexting, or sending sexually explicit images electronically to another person. As such, it hardly seemed all that unusual for a 16-year-old Fayetteville, NC, girl to send a nude photo of herself to her boyfriend, also age 16. She was arrested on two counts of sexual exploitation, one for possessing the photo and one for sending it. The warrant for her arrest, reports indicate, listed her as both the suspected adult perpetrator and the minor victim. The boyfriend faced similar charges for possessing the picture she sent, along with several explicit photos of himself. While certain concessions are often made for consent and similarity in age, the local sheriff’s department said, such charges are not often dismissed completely. The case, and others like it around the country raise some very interesting questions about the correlation of technology, social morality, and law enforcement.

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 Posted on September 09, 2015 in DUI/DWI

A driving while under the influence of drugs or alcohol charge in Illinois is serious business. Not only does a DUI conviction carry serious penalties, it also carries hefty financial consequences. The consequences for a DUI conviction are laid out in 625 ILCS 5/11-501(c)(1)-(5), which include jail time, fines and mandatory community service. There is also the unfortunate chance that getting a DUI conviction will result in the development of a poor reputation amongst peers and colleagues.

The total true cost for a DUI depends on a lot of factors, such as whether the DUI is a first-time offense, whether there was any property damage as a result of the DUI (as would be the case of a drunk driving collision), whether anyone was hurt as a result of the DUI, and how intoxicated the driver is at the time of the DUI.

Money Considerations

A DUI is an immensely expensive and the costs add up quickly. For instance, you will have to pay:

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 Posted on September 08, 2015 in Divorce

Thanks to legislation passed by the State House and Senate earlier this year and signed by Governor Bruce Rauner in July, divorce laws in Illinois are being rewritten for the first time in nearly 40 years. The legislation took the form of a single bill, introduced as Senate Bill 57 in January, 2015, but its effects will be widespread, impacting a significant number of family law provisions, including those regarding divorce, child custody, and, as discussed on this blog previously, parental relocation. Future posts will address some of the other areas of change, but the amendments to the divorce laws are likely to begin affecting Illinois residents very quickly.

Only No-Fault Divorce

While every state in America currently provides couples the ability to divorce on the “no-fault” grounds of irreconcilable differences, a little less than half still allow divorce on fault grounds as well. Currently, that is the case in Illinois, as an individual may seek a divorce based on the actions or behavior of his or her spouse, including ongoing substance abuse, mental or physical cruelty, abandonment, or adultery. Beginning January 1, 2016, however, fault grounds will no longer be an option. Instead, all divorces will be officially granted on the basis of irreconcilable differences.

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 Posted on September 07, 2015 in Traffic Offenses

One of the most common traffic violations is reckless driving since so many of a driver’s actions while behind the wheel could be construed as reckless driving. Illinois law enforcement and the courts are strict when it comes to reckless driving charges because the driver’s actions may have:

• Put others on the roadway at risk;
• Resulted in property damage to another; or
• Caused an accident where another person was injured or killed.

What is Reckless Driving?

According to Section 625 ILCS 5/11-503, reckless driving occurs when a person drives a vehicle with a willful or wanton disregard for the safety of others, or it a person knowingly drives a vehicle so quickly up an inclined roadway, such as a hill or railroad crossing, as to cause the vehicle to become airborne.

The language of Illinois’ reckless driving statute is often broadly construed by law enforcement, and many drivers are ticketed, or even arrested on the spot, after driving at a high rate of speed, swerving between lanes or around other vehicles, tailgating, not using turn signals properly, or aggressively weaving in and out of traffic – all under the pretenses that the driver was operating the vehicle in a way that willfully or wantonly disregards the safety of others on the roadway.

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