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Criminal Law Changes Coming in 2016
The Illinois State Legislature has had a busy 2015. There have been several criminal law changes that are scheduled to take effect January 1, 2016. Many of these changes work in the favor of criminal defendants.
Aggravated Speeding
Illinois is still fine-tuning its aggravated speeding law. Currently, if you are driving faster than 26 miles per hour over the speed limit, but less than 35 miles per hour of the speed limit, you can be convicted of a Class B misdemeanor. The current maximum penalty is six months in jail and a $2,500 fine. You are also left with a criminal record.
The new law has given judges the ability to sentence defendants guilty of this Class B misdemeanor to Court Supervision. This means that the defendant will have to report to the court regularly and meet other requirements, including not getting into any more trouble, for a period of time. If the defendant complies the charges are dismissed after the period of supervision is over. When Court Supervision is successfully completed, there is no criminal conviction.
No More Sole or Joint Custody in Illinois
Beginning in 2016, divorced, separated, and unmarried parents in Illinois will witness the dawning of a new era regarding the legal responsibilities they will be expected to assume for their children. Thanks to a major overhaul of the state’s family law provisions, families will no long be defined by terms such as sole or joint custody, which have proven to be rather divisive over the last several decades. Instead, parents will be expected to develop a plan for a more fluid allocation of parental responsibilities, allowing the process to remain focused on the best interests of the child.
Significant Decision-Making Responsibilities
For many years, the concept of child custody—especially legal custody—has referred to the authority of each parent to make important decisions regarding the child’s upbringing. Sole custody meant that one parent was fully responsible for such decisions, while joint custody required the parents to work together. The new law essentially creates a new “default” position of the court, which presumes the parents will cooperate in making decisions about education, religious training, medical care, and extracurricular activities for their child.
New Law Allows Four-Time DUI Offenders One More Chance
Thanks to a new law signed last month by Illinois Governor Bruce Rauner, the fourth time may be the charm for some of the state’s repeat DUI offenders. Beginning January 1, 2016, those who have been convicted four times for driving under the influence may still be able to obtain a restricted driving permit and get back behind the wheel. The measure has been met with mixed reactions, as many believe that a four-time offender has already squandered his or her opportunities.
Thousands Possibly Impacted
According to recent estimates, there are currently more than 5,000 residents of Illinois who have been convicted of DUI on four separate occasions. Thus, when the measure goes into effect, a significant number of families could potentially be affected. Under current law, a four-time offender is prohibited from legally driving again, making it very difficult to continue working and to provide properly for his or her family. With at least the chance to obtain a restricted driving permit, an offender’s family may not be forced to bear the brunt of his or her actions forever.
Deciding If You Should Testify or Not in Your Criminal Trial
One of the most important and difficult decisions to make in many criminal trials is whether or not the defendant should testify. There are many strategic and ethical factors that go into this decision. Before you and your lawyer decide what is best for you case, you need to understand what goes into making the choice.
Your Constitutional Rights
Under the United States Constitution, you have a right to testify on your own behalf in a criminal trial. Neither a judge nor the prosecutor can prevent you from testifying.
You also have a constitutional right not to testify in a criminal trial. This is different than almost any other kind of case. In a civil trial you can be ordered to testify. But, when you are a criminal defendant no one can order you to testify.
There is also an added layer of protection. A judge or a jury cannot make any assumptions about what it means that you did not testify. They cannot assume that means you are guilty. Otherwise, it would impact your right not to testify.
Study Suggests Waiting to Get Married, But Not Too Long
There are countless factors that play into a couple’s decision to get married, just as there are countless factors that affect the decision to divorce. Many studies have been done to analyze some of the various contributing concerns, and, as you might expect, trends often start to emerge. Whether the trends are actually meaningful or simply coincidental is often the basis of additional research, but the trends themselves are pretty interesting. In fact, if such patterns are to be believed, a recent study has found the perfect age at which to get married so that the risk of divorce is the lowest, and it may be somewhat surprising.
Decreasing Risk, then Increasing Risk
According to an in-depth data analysis conducted by Nicholas Wolfinger, professor of Family and Consumer Studies at the University of Utah, the prime age to get married for the first time is 32 years old. It is at that age that the rate of divorce stops decreasing and begins to go back up. Wolfinger’s research was based on information gathered in the National Survey of Family Growth, and was developed using statistical methods to identify nonlinear relationships in the data.
Some Life Events Can Force a Couple to Consider Divorce
Have you ever had an experience with another person after which you felt closer than ever? Whether it was a magical vacation, witnessing a historic event, or any other occasion, you may have known immediately that your relationship with that person would never be the same. While many certainly have had such an experience, for many others, certain events may have the exact opposite effect. Somewhat surprisingly, some of the very same experiences that pull some people closer together may, in fact, plant a seed of division that ultimately drives others apart. Between friends and family members, the relationship may simply cool off, but for a married couple, such life events may push the spouses toward divorce.
In Sickness and in Health…
A happy, productive marriage takes a great deal of work from both spouses. When one spouse develops a serious health condition or chronic illness, however, the relationship can change quickly. An illness or disability often means that one partner is expected to shoulder more of the responsibility for maintaining the marriage, which some individuals are just not able to handle. Health concerns can also create significant financial challenges as well. Interestingly, though, the likelihood of divorce due to a spouse’s illness seems to be directly affected by which spouse gets sick, as divorce rates go up when it is the wife who falls ill, but remain about the same when it is the husband.
Yours, Mine, and Ours: Classifying Marital Property
When you are single, anything and everything you buy belongs solely to you. Any shopping trip or purchase decision impacts only you and the people with whom you choose to share that purchase. When you are married, on the other hand, the property you acquire is, in most cases, no longer just yours. Instead, it is part of what is known as the marital estate, meaning that both spouses claim equitable ownership of the asset, regardless of which spouse bought or earned it. During the marriage, of course, most couples are generally happy to share their property in this way. In divorce, however, the situation may get a little more complicated.
What is Marital Property?
Under the law regarding divorce in Illinois, only marital property is subject to division between divorcing spouses. Therefore, the law also contains provisions defining marital property. Any property acquired by either spouse during the marriage is a marital asset with a couple of very limited exceptions. Acquired property can be physical items, such a car or piece of furniture, real estate, or an amount of money, such as employment-related wages or investments. As far as the law is concerned, it makes no difference which spouse earned or purchased the asset, for what reason, or even whose name is on the loan or title; if it occurred during the marriage, it is part of the marital estate.
DUI While High: How Drugs Are Affecting DUIs
Many people think a DUI only means drunk driving. But, DUI is more than just driving drunk. It is a crime in Illinois to operate a motor vehicle when impaired because of alcohol or drugs. The drugs can be illegal drugs or prescription drugs. The National Highway Transportation Safety Administration has reported an increase in accidents caused by drugged drivers, even as the number of drunk driving accidents continues to fall.
How Does Law Enforcement Know You Are High?
The police cannot pull your over without reasonable suspicion that you are committing a crime or traffic infraction. This means that if a police officer notices that your car is swerving, going at an unsafe speed, or violating any law, the officer can pull you over. Law enforcement has been trained to observe signs of impairment in drivers.
If the police officer believes you are impaired, you may be asked to get out of the car and take some tests. The officer may even ask you directly if you had anything to drunk or taken any drugs.
Jury: Wrongfully Convicted Man Was Framed by D.C. Police
A man who spent more than 27 years in prison for crimes he did not commit has agreed to a $16.9 million settlement with the District of Columbia. The settlement was announced a federal jury was preparing to determine damages in the case. Earlier this week, the same jury found that two D.C. homicide detectives fabricated at least part, if not all, of the confession the man allegedly made to a police informant, leading to the man’s conviction in the 1981 rape and murder of a Georgetown University student. The detectives were also found to have withheld evidence in the cause, prompting many to call for an investigation into their handling of other criminal cases.
In 2009, the man’s original conviction had been overturned, when DNA evidence exonerated him of the crimes. The exoneration has already prompted internal reviews by the Justice Department, the Federal Bureau of Investigation and the U.S. attorney’s office. The case marks the first federal civil rights ruling over a wrongful conviction in D.C., but is similar to a 2012 Illinois verdict that held the city of Chicago liable for $25 million in damages as the result of a wrongful murder conviction.
Knowing What is Best for the Children
In today’s modern world, divorce has become a simple fact of life. Pundits and religious leaders can debate forever over the perceived cultural and moral changes that have led to the widespread acceptance of divorce, but the reality remains unchanged. Sometimes, marriages fail, and sometimes, before they fail, those marriages produce children. A parent going through a divorce is often faced with a number of difficult decisions, each one driven by the same thought: “Is this the best thing for my child?” While such an approach is certainly understandable, there are some things that any parent should keep in mind when the end of his or her marriage becomes a possibility.
Getting Out May Be Necessary
“Staying together for the kids” is a long-held mantra for many parents who feel trapped in a bad marital relationship. However, the maxim may be starting to lose its strength, as parenting and family experts are beginning to realize that doing so may be counterproductive. The idea of remaining in an unhealthy marriage evolved as the result of parents believing that their children “deserved” a traditional, two-parent household, almost no matter what. Research is now showing that while the two-parent part is important, the single household part is not a requirement. It is often better for a child to have two happy, divorced parents than two miserable, married parents who fight constantly and make the home a much less healthy environment.
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