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Recent Blog Posts
Understanding The Different Types Of Child Custody
Contrary to what many people believe, there are many different types of child custodies. While a judge awards all custody determinations, not every situation is the same.
The following information will help you to understand the different types of child custody, as well as help you to determine which may be the best for your specific situation:
Physical Custody
With this type of child custody, a parent has the right for his or her child to live primarily with them. When a sole parent, or custodial parent, has physical custody, the other parent, or noncustodial parent, will typically have visitation rights or parenting time awarded to them.
Legal Custody
With this type of child custody, the parent with legal custody has the right to make all the decisions in regards to the child’s upbringing, such as with the child’s schooling, religious beliefs, and medical care.
Sole Custody
Preparing For Your Divorce
When making the decision to file for a divorce, there are certain factors that need to be considered before taking that first step, especially since divorce is an emotional and trying time.
Whether you are filing for divorce, or your spouse has made the decision to file, these tips will help you to ensure the smoothest transition possible while preparing for your divorce:
Seek the assistance of a divorce attorney. Hiring a divorce attorney is ideal for both parties. An attorney can ensure that you fully understand the laws and your rights, as well as prepare you for the possible outcome. Be sure that you seek representation from an attorney who listens to you, your concerns, will answer all of your questions, and is reliable.
Secure your finances. Not only is this important in order to determine your assets, but this is also critical in ensuring that both parties will be able to financially support themselves, as well as the costs related to the divorce itself. It is not necessary for marital funds to be dissipated, but it may be a good idea to equally divide your accounts.
Commercial Driver’s License: Understanding Traffic Violations
When it comes to Commercial Driver’s License (CDL), the laws are stricter and hold drivers at a higher standard than other types of drivers. With a larger vehicle comes a larger responsibility to ensuring the safety and well being of pedestrians and drivers. For this reason, this is why commercial drivers have greater repercussions when a traffic violation occurs.
By understanding traffic violations and the repercussions for violating them, you will prevent receiving a ticket, being fined, possible jail time, as well as ensure that you will keep your CDL.
Serious Traffic Violations:
- Speeding (15 mph or above the posted speed limit)
- Wreckless driving
- Improper lane use or changes
- Driving without a current CDL
- Driving without the proper endorsements
Major Traffic Violations For CDL Drivers:
Understanding The Difference Between Traffic Misdemeanors And Felonies
Traffic offenses, or infractions, are typically issued due to non-dangerous moving violations, and other mechanical violations. These violations are less offensive and carry lesser penalties, however, there are other traffic-related violations that can carry more offensive violations: traffic misdemeanors and traffic felonies.
Here is the difference between these two more serious traffic offenses:
Traffic Misdemeanors- This violation often involves an injury to an individual, destruction to property, or poses a threat to either an individual or property. Even though these violations are less serious crimes than felonies, the typical punishment consists of a hefty fine, or even incarceration. These violations vary by state, but usually include the following:
- Driving while under the influence of drugs or alcohol
- Failure to stop at the scene of an accident
- Driving recklessly
How Social Media Effects Divorce
Those who are regular Internet users or have social media accounts including Facebook Instagram and Twitter should take caution if they are in the middle of a divorce or child custody battle. Any networking websites that you are a part of should be avoided at all costs and living in today’s society, it can be easier said than done. The reason why the lawyers at Law Offices of Donald J. Cosley strongly encourage this to their clients is because any social media activity can hurt your case if used improperly.
If you do decide to continue the use of social media during a divorce, it is important to remember not to post or update your account as often as you normally would and to always keep your personal information private. If these social media sites are used incorrectly and inappropriate words are posted and the opposing party finds it online, it is hard evidence that they could use against you in court. As said before, this is easier said than done. We sometimes post things or update our profiles without even thinking through the consequences it could bring.
What You Should Know About Texting While Driving
Starting this year, Illinois banned the use of all hand-held devices while driving, only permitting the use of hands-free devices such as speakerphones, Bluetooth, and headsets. In addition to this ban, the state of Illinois implemented other rules pertaining to cell phone use, including the prohibition of using a cell phone while driving in a school zone, in a construction zone, as well as prohibiting cell phone use if you are a novice driver.
In addition to Illinois’ ban on cell phone use, they have also placed a ban on texting while driving. According to Illinois’ anti-texting law 625 ILCS 5/12-610.2, it states that, “a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.”
While this law includes electronic devices such as cell phones, personal digital assistant, or a portable computer, there is a list of electronic devices that are permitted, such as GPS and navigation devices, as well as electronic devices that are integrated into the vehicle.
Understanding The Consequences Of A Revocation
Being charged with a DUI can have a number of repercussions. Depending on the number of times you have received a DUI, as well as the severity and the nature under which you received the DUI, can all play a key factor in the suspension or revocation of your driver’s license.
Understanding A Revocation
Revocation of a driver’s license is a much more serious offense than a suspension. When one has been convicted of a DUI, this often times results in the revocation of your license. However, in the state of Illinois, many first time offenders may receive supervision. Since supervision is not a conviction, this will not be a cause for revocation, but only if your first offense did not involve injury or other aggravating circumstances.
Unlike the suspension of a license, revocation can be forever. In order to get your license back, The Secretary of State requires that your record be clean, you must obtain a drug and alcohol evaluation, as well as treatment, and you must appear at your hearing.
What You Should Know About Annulments
Annulments, also known in the state of Illinois as a Declaration of Invalidity of Marriage, is a way for a couple who wish to no longer be married to legally dissolve the marriage. However, there are things you should know about annulments and the special circumstances that must be met.
Specifically, in the state of Illinois, there are several grounds that must be in order to qualify for an annulment, as well as a time limit in which a case must be filed.
These grounds and time limits in the state of Illinois are as follows:
- Coercion and duress, or otherwise referred to as a “shotgun wedding.” These annulment claims must be filed within 90 days.
- Mental incapacity, either due to mental incapacity, or drugs and alcohol. These annulment claims must be filed within 90 days.
- Fraud, which must involve the essentials of a marriage. These annulment claims must be filed within 90 days.
Keep these tips in mind as you transition to single parenthood
If you and your child's other parent have opted to go your separate ways, you may be feeling a bit disoriented to say the least. Regardless of how your child custody arrangements are structured, you are now facing the reality of moving from a two-parent household to a single-parent household.
If you have questions about how to navigate the legal rights and responsibilities of single parenthood, do not hesitate to reach out to your attorney. But chances are that legal questions are not the only considerations crowding your mind right now. You are likely concerned about your children's emotional health as well as your own wellbeing. While you are navigating this transition to single parenthood, it may help you to keep the following tips in mind.
Understand that you have both a responsibility and a right to both grieve and heal. Sometimes parents are so concerned with their children's healing processes that they hesitate to give themselves time and space to heal. You likely understand that it is hard to raise children who are happy, healthy and resilient if their parents are not happy, healthy and resilient. Please remember to take time and space to become healthier, happier, more healed and more whole. Your kids will almost certainly thank you for doing so in their own ways.
The tragedy of false confessions and unjust convictions
In recent years, legal advocacy groups like the Innocence Project have been working to exonerate and free individuals who were wrongfully convicted and, as a result, wrongfully incarcerated. According to the Innocence Project website, 316 people in the United States have been exonerated (post-conviction) based on DNA evidence since the first such case in 1989. Approximately two-thirds were African American. This number represents only a fraction of total exonerations.
The high number of exonerations raises some important questions: Why were so many people wrongfully convicted in the first place? How could prosecutors and juries be so quick to convict these individuals of serious felony crimes such as sexual assault and murder? How can we keep this from happening to more innocent Americans?
There are many procedural and investigative errors that lead to wrongful convictions. Some are as simple as witness misidentification, but others are more complex. One factor in wrongful convictions is more common and problematic than most people realize: false confessions. It is estimated that among all wrongful convictions overturned by DNA evidence, about 25 percent involved a false confession by the defendant.
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