Posted on January 21, 2014 in Divorce

Modifying a marital settlement agreement is a difficult task for many Illinois residents.

One common reason that a person seeks to modify a marital settlement is to change an alimony or maintenance award.

In Illinois, it is possible to modify or terminate a maintenance award only upon showing a "substantial change in circumstances." The party seeking the change in a settlement has the burden of affirmatively showing the substantial change of circumstances.

Factors that may result in a "change of circumstances."

There are nine main factors that can constitute a change of circumstances under Illinois law:

1. A good-faith change of employment status of either spouse.
2. Reasonable efforts made by the alimony recipient to become self-supporting.
3. Either spouse's impairment in present or future earning capacity.
4. Tax consequences of alimony payments.
5. Duration of alimony payments compared to the length of the marriage.

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 Posted on January 18, 2014 in Criminal Defense

An Illinois man was recently granted a new trial after being convicted of sexually assaulting a woman in a Wheeling condo building.

A Cook County appeals court found that the defendant was improperly cross-examined and that this likely led to his conviction.

The purported victim in this case was a New York woman that was staying with some friends after a night out while visiting downtown Chicago.

The woman testified that Matthew Schaffer entered condo building and forcibly assaulted her before taking money and jewelry from her purse.

Schaffer testified that he knew the victim because he had sold marijuana to her on two occasions and that she fabricated the assault story because she was caught cheating on her husband with him.

During jury deliberations, the jury indicated several times that it was split on all three counts. The jury eventually convicted Schaffer on aggravated criminal sexual assault, home invasion, and armed robbery. He was sentenced to 20 years and appealed, alleging that the state improperly cross-examined him.

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 Posted on January 18, 2014 in Illinois Laws

As we mark the beginning of 2014, many new laws will emerge in the state of Illinois. We previously discussed the change in Illinois law regarding the use of mobile phones while driving and the consequences of doing so, but there are other changes that will take place that are worth mentioning as well. According to an article recently published by NPR for St. Louis, the relevant issues encompass everything from marijuana to littering.

Medical Marijuana

The new law involving medical marijuana involves a four-year trial program that allows individuals that are plagued with certain specified ailments to get a prescription for medicinal marijuana. Regulations and licenses have not been issued, so this may not go into effect right away in 2014. In addition, in order to meet the requirements of the law, the illness must be considered debilitating.

Smoking Cigarettes

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 Posted on January 14, 2014 in Criminal Defense

As we discussed in one of our recent posts about all of the laws set to take effect in the New Year, minors up to age 17 who are charged with certain felony crimes can be tried in juvenile court in Illinois. Previously, 17-year-olds charged with a felony crime were held in county jail with other defendants of all ages, and, if convicted, would have a felony on their record for the rest of their lives. There are many motivations for the change in the law, as Illinois seems to be echoing a change in thinking that is already occurring in states across the nation.

According to an article published by DNA Info Chicago, the Illinois Juvenile Justice Commission’s stance on the issue and the support of local politicians had a lot to do with the change, which was voted on by lawmakers in earlier in 2013. The Illinois Juvenile Justice Commission took the position that since 17-year-olds cannot participate in activities such as vote or play the lottery, join the military, or pierce their ears absent adult permission, they should not be treated as adults under Illinois law for the purposes of committing a crime. The decision was made to handle 17-year-olds faced with felony charges within the confines of the juvenile justice system. The crimes that will be encompassed in the change may include anything from illegal substance charges to burglary and assault, but will specifically exclude murder and sexual assault.

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 Posted on January 11, 2014 in Illinois Laws

The New Year is here, and with it come new laws and regulations that are going into effect. One change that could be especially relevant for criminal defendants involves new training for law enforcement in the use of Taser guns. According to WICS, who recently reported on the change, a new law went into effect on January 1st, 2014, and requires more training for police officers who may use Tasers on a suspect.

The new law also requires police departments to keep detailed records of their training related to Taser use and when they are used in a confrontation with a potential defendant. In the event a police officer uses a Taser on a suspect, the officer will then be required to collect certain information from the suspect.

Some law enforcement agencies reported that it had already been their practice to keep records similar to those required by the law for the last seven years, and also regularly practiced displaying Tasers when an officer had one in his or her possession, something which was not required under the old rules. Displaying the Taser involves removing it from its holster and making sure the suspect sees it as if the officer is going to use it. At times, the suspect may start complying with law enforcement after seeing it and the officer can then secure it in the holster again without having to use it. Then, the protocol is for the officer to complete paperwork stating that they displayed the Taser, the suspect complied, and was not tased.

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 Posted on January 08, 2014 in Alimony

A Cook County appeals court recently upheld an $800 monthly alimony award in favor of Amy Kawiecki.

Her ex-husband, David Kawiecki attempted to appeal the award but lost recently.

Issues of alimony and maintenance are a highly complicated area of Illinois divorce law. Appealing an alimony decision is also extremely difficult to do and requires an experienced divorce attorney.

Generally an appeals court presumes that a trial court's award of alimony is correct. An Illinois appeals court will only overturn an award of alimony due to an "abuse of discretion" of the trial court, which occurs when no reasonable person would have taken the view of the trial court. It is also up to the party appealing to prove that the trial court abused its discretion.

In the Kawiecki case, David alleged that the trial court abused its discretion in awarding maintenance because Amy received 63.5% of the parties' income after including her earnings, child support and maintenance. The appeals court noted that this disparity wasn't an issue because Amy worked part-time during their 17 year marriage and devoted much of her time to maintaining the household and helping raise their three children.

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 Posted on January 07, 2014 in Criminal Defense

Chances are you have seen or heard of the disturbing new trend among teens to participate in what is known as the “knockout game,” in which the assailant unexpectedly attacks a member of the public from behind in an effort to knock them out. Victims are usually targeted at random. The dangerous trend has been featured on news broadcasts, online, and through other media outlets, who reported on the attacks with sometimes fatal consequences for the victims. Now the government is taking steps to address it.

An Illinois state representative, Dwight Kay, has proposed House Bill 3783, known as the Knockout Assault Prevention Act, which takes aim at punishing knockout game offenders. The Act would impose higher penalties on those convicted of the crime of battery while participating in the game, making it punishable by three to seven years of incarceration. It also provides that any minors above the age of 14 would be tried for the crime in adult criminal court. Currently, law enforcement seems to think that the trend is mostly confined to large cities, but if the legislation is passed into law in Illinois, any county would be able to use it.

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 Posted on January 03, 2014 in Drug Charges

Many people consider the Chicago area notorious for drugs, and more specifically the abuse of heroin. In fact, citizens in the Chicago area suffer the highest number of heroin overdoses across the country. An interesting article recently published by the Chicago Reader examined the state of Chicago’s "thriving heroin business" and the history of the issue over the last 100 years.

Over the last century, Chicago’s heroin business has been able to change and thrive despite the measures aimed at curbing the behavior, including legal restrictions, increased law enforcement, and societal changes. Illegal drug markets began developing in the early twentieth century in marked areas of Chicago. Police were forced to strike a balance between cracking down on users and confining the activity to the known areas with known users and known criminal histories.

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 Posted on December 30, 2013 in Criminal Defense

In the New Year, Illinois residents who legally own a firearm will also legally be allowed to carry the weapons on their person. As reported by Chicago Tonight, the change in the concealed carry law in Illinoiswill translate to changes for business owners, property owners, and police who may come into contact with citizens carrying weapons. When the law becomes effective next month, the state of Illinois expects tens of thousands of applications for a concealed weapon permit to be filed by citizens within the first six months of the change.

Change in Police Conduct

Prior to the law taking effect, it was illegal for Illinois citizens to carry a firearm on their person. Any time police came into contact with an individual carrying a weapon, in violation of the law, they acted according to their training in handling the situation. Now, they will have to change their mindset when dealing with a member of the public carrying a gun, since they may be doing so legally.

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 Posted on December 26, 2013 in Child Custody

A Will County, Illinois, appeals court recently affirmed the severe restriction of a father's visitation rights to his children.

This case highlights the impact of mental health and substance abuse issues on a marriage and the effect that it can have in subsequent child custody and visitation orders.

The father and mother of the children were married in 2000 and had two children together. The mother filed for divorce in spring of 2009, alleging extreme and repeated mental cruelty and alleging that here was an irretrievable breakdown of the marriage.

As with many divorces, the couple quarreled extensively over child custody and visitation. Both spouses alleged that the other was mentally unstable and acted inappropriately around the children. Emergency orders flew back and forth and the courts had to decide which parent to believe.

In this case, the court eventually ordered the father to undergo a Rule 215 evaluation. The examining doctor said that the father had a mood disorder and character problems such as narcissism or paranoia. Although the doctor did not consider the father to pose a physical threat to the children, she was concerned with his breaks from reality and alcohol consumption.

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