Posted on October 10, 2013 in Weapons

On September 19, a three-year-old boy was shot in a crowded park in the Windy City alongside 12 other people, according to the Chicago Tribune. The shooting “once again drew national attention to the problem of persistent violent crime in Chicago neighborhoods where guns and drugs have seeped into daily life,” reports the Tribune. “Locally, it reignited a call from law enforcement for tougher sentences on offenders who illegally carry guns in Chicago.” The call for tougher penalties came as news agencies reported that the man responsible for the late-summer tragedy, Bryon Champ, had a history of illegal gun possession and yet had never served any time in prison for his offenses. According to the Tribune, Champ was “caught in June 2012 with a loaded semi-automatic pistol,” and though he faced up to seven years in prison, got off with a four-month boot camp program instead.

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 Posted on October 09, 2013 in Divorce

A Cook County divorce is similar to the dissolution of a business relationship. Aside from the issues of child and spousal support, the division of property can be one of the most complex and time-consuming aspects of the divorce process.

Generally items that are purchased prior to marriage, but in contemplation of marriage are considered marital property.

When determining whether something acquired before marriage is marital property, courts look at the "totality of the circumstances" and consider factors such as:

• The proximity of time between the acquisition of the property and the marriage.
• Whether the equity in the property was acquired with joint money (marital funds).
• Evidence that the couple tended to use the property jointly (such as a marital home)
• Whether both of the spouse's names appear on the offer sheet or title of the property.

The way that courts weigh and consider these factors can be heavily influenced by the persuasiveness of your attorney, so it is important to consult with an experienced Cook County divorce attorney as early in the divorce and asset division process as possible.

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 Posted on October 07, 2013 in DUI/DWI

A term frequently used to discuss driving under the influence (DUI) charges in the state of Illinois is that of statutory summary suspension. According to the2013 Illinois DUI Fact Book, if the you have received your first DUI or you’re not sure what the term means, educating yourself about the process can be helpful in moving forward in your DUI case. The best way to prepare for your DUI case in court is to hire the services of a talented criminal law attorney.

A statutory summary could apply in your situation if you refused to take or failed to complete chemical testing. Chemical testing is used to determine the level of alcohol in an individual’s blood, and failing refers to a Blood Alcohol Content (BAC) of .08 or higher at the time of testing.

The suspensions of driving privileges are automatic and they go into effect on the 46th day following the date of a suspension notice. It is important to remember that statutory summary suspensions doesn’t replace any criminal penalties that might be associated with the DUI. If you would like to challenge the arrest, you can request a judicial hearing to initiate that process, but this request doesn’t stop the suspension from going into effect on the appropriate day.

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 Posted on October 04, 2013 in Violent Crime

A 17-year-old man was ordered held on $500,000 bail after being charged in the death of a infant whose death was ruled a homicide, according to the Chicago Sun-Times. Willie Brown is facing charges in the death of 4-month-old Demari Brown after Demari died while in the sole care of Brown in late September. Prosecutors allege that after Brown killed the infant he proceeded to play video games “after the severely battered baby… stopped crying and eventually died,” reports the Sun-Times. Assistant State’s Attorney Heather Kent told the Sun-Times that Demari was Brown’s girlfriend’s baby, though police reported that Brown was the child’s father. “When Demari’s mother asked Brown what he did to her baby at the hospital where the infant was transported he allegedly cried and said, “I’m sorry. I’m sorry,” reports the Sun-Times.

Brown was the only one home with the child when the incident occurred, and police reported after the baby was found that Demari had suffered “blunt trauma to the head, a linear fracture to the skull, subdural hemorrhages, rib fractures and healing fractures to other ribs and a wrist,” according to the Sun-Times. This has led some prosecutors to allege that the baby had suffered abuse before the incident that took his life. The Illinois Department of Children & Family Services was “investigating the boy’s mother, Brown, and grandmother for allegations of abuse,” reports the Sun-Times, though the family has no other prior allegations of child abuse.

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 Posted on October 02, 2013 in Child Custody

It is possible to appeal a family court's modification of a child support order in Illinois. Typically an appeals court will not reverse a family court's factual findings used to make a child support modification unless they are against the "manifest weight" of the evidence.

In addition to not typically disturbing a trial court's factual findings, a Cook County appeals court will usually not change a child support modification unless it constitutes an abuse of discretion.

Courts have wide range of latitude in deciding child support cases, so it is rare that an appeals court will find that a family court abused its discretion.

There have been cases however where Illinois court have terminated a noncustodial parent's obligation to pay child support on appeal. These cases typically involve "extreme and unusual" allegation concerning the custodial parent's behavior.

These allegations have to go further than alleging that a parent merely violated the terms of visitation. Parents have typically had to show that the custodial parent has actively interfered with the relationship that the noncustodial parent has with his or her children.

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 Posted on September 30, 2013 in Traffic Offenses

The wife of Chicago Bears quarterback Jay Cutler picked up a speeding ticket on a recent trip from Evanston to Chicago. Since she was driving without an Illinois driver’s license, she was required to visit the Evanston police headquarters to post a $150 bond. Cavallari was surprised that she was required to visit the police station to post a bond, but it brings to light a common procedure for individuals with certain out of state licenses who are pulled over traffic violations.

According to the Evanston police, this is normal for individuals with certain state drivers licenses. Unfortunately, California and several other states do not participate in a cooperative agreement between states about licensing. Although many people are not aware of this, it does indeed come with a $120 fine, which can be deducted from posted bond. This amount could also be increased as a result of court costs.

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 Posted on September 28, 2013 in Child Custody

The termination of a Cook County parent's rights is one of the most extreme family law measures that a court can take. Generally the termination of a parent's rights is done outside of the context of a divorce and is based on the best interests of a child.

When a petition to terminate parental rights is initiated, a court follows a two-step process outlined in the Juvenile Court Act.

Step one is for the court to consider whether there is "clear and convincing evidence" that a parent is an unfit person as defined in the Illinois Adoption Act.

The second step to terminating parental rights is for the court to consider whether such a drastic move would be in the best interests of a child.

Generally the "best interests" analysis is the most subjective and complex part of court proceedings. Illinois courts consider 10 factors in determining whether terminating a parent's parental rights is in a child's best interests:

1. The child's welfare and physical safety.

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 Posted on September 27, 2013 in Violent Crime

If you have been accused of domestic violence, you have likely already experienced several challenges in attempting to clear your name. Sometimes victims of an alleged domestic violence act will follow their legal charges with a request for a protective order. Protective orders can have serious consequences for the accused abuser, and it’s important that you hire an attorney to represent you before you lose important privileges and rights as a result of a protective order.

In Illinois, protective orders are only available to family or household members connected to an alleged abuser. There are many different ways that a protective order can be specified. Depending on what the individual requesting the order articulates, several different requirements may be put into the order, including:

• A prohibition from any further abuse (harassment or interference with personal liberty also come under this umbrella).

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 Posted on September 23, 2013 in Sexual Assault

When teenagers begin to date, usually they meet at school and most often, they are the same age. As teens branch out however, meeting people from other schools, hanging out with people from work and meeting new people in the community, they sometimes date older men or women.

When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated.

Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17 and someone 18 or older in Illinois willingly have sex, charges can still be filed against the older person because the partner is a minor.

Although this law typically pertains to men and women that are significantly older than their underage significant other, it also technically applies even to high school students who may only be a couple months apart in age. In those few months in which one partner has reached the age of consent while the other has not, they are committing statutory rape when participating in sexual activities.

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 Posted on September 18, 2013 in Violent Crime

A case of murder with a bizarre twist was reported by theChicago Tribune. It is alleged that Benjamin Esquivel murdered 49-year-old Burnadine Kinsey and hid her body in his mother’s home.

It is alleged that after being intimate, Esquivel and Kinsey got into an argument, which ended with himstabbing her several timesin the face, head and body. He then put her body, wrapped in sheets and a blanket, into a closet in the home that he shares with his mother. It is reported that Kinsey’s home was just three blocks away from Esquivel’s. His mother returned home and saw the body. She allegedly confronted her son about it and instead of calling law enforcement, she and her sister left the apartment.

Esquivel, who is 20 years old, called his friend Juan Ramos, 37, to ask what he should do with the body. They allegedly went to a nearby Home Depot to purchase tarps, duct tape, rubber gloves, and a soda. They returned to the apartment and wrapped the body in the tarps and tape. At that time, they returned the body to the same closet.

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