Posted on January 14, 2016 in White-Collar Crime

White-collar crime is a term that refers to many different offenses. It is not an official legal category of crime. The term is most often used to refer to non-violent property or financial crimes. There is often a component of fraud or fiscal impropriety to white-collar crimes.

Types of White-Collar Crimes

Because the law does not distinguish between white-collar crimes and other types of crimes, it is not possible to provide a comprehensive list of everything that may be considered a white-collar crime. Additionally, there are both Illinois state crimes and federal crimes that are often considered to be white-collar offenses.

Here are a few crimes that are generally considered to be white-collar crimes:

• Embezzlement;
• Bank fraud;
• Securities fraud;
• Identity theft;

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 Posted on January 12, 2016 in Child Support

With the recent updates to the Illinois Marriage and Dissolution of Marriage Act taking effect this month, 2016 promises to be a year of change for families around the state. New laws regarding divorce, parental relocations, and what used to be known as child custody mean that a period of transition is just beginning, one that will likely last for a number of years. Child support, however, was not really addressed in this year’s updates, though the legislature did indicate that it may take up the issue in the near future.

Percentage of Obligor’s Income

In Illinois, most orders of child support require a parent who does not have the majority of the parenting time with his or her child—formerly the non-custodial parent—to make payments to the other parent. The payments are intended to help the parent with primary residential responsibilities to provide the child with basic necessities, including shelter, food, and clothing. The existing law provides a basic guideline for determining the amount to be paid as a function of the supporting parent’s net income and the number of children to be supported. A supporting parent is expected to pay 20 percent of his or her income for one child, up to 50 percent for six or more children. Deviations from the standard are permitted, and must be based on the courts consideration of the family’s circumstances.

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 Posted on January 07, 2016 in Marijuana

Illinois’s medical marijuana program has only recently gone into effect. For many, the new law will give them access to much needed treatment options. But, there are also potential legal complications that can come into play if people are not careful. You could still find yourself facing serious drug charges, even if you do have a medical marijuana card.

Compliance With the New Law

Before you can legally buy medical marijuana you must:

• Complete the multi-step application process;
• Have received a diagnosis of one of the legally approved conditions;
• Register with a single dispensary; and
• Receive your medical marijuana identification card

If you do not follow all of these steps, you can still be arrested, charged, and convicted of a drug crime.The application process includes running a criminal background check, so if you have a history of certain drug crimes you can be denied a medical marijuana card.

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 Posted on January 05, 2016 in Divorce

After months of waiting, changes to the Illinois Marriage and Dissolution of Marriage Act have finally gone into effect. Passed by the state legislature in the spring of 2015 and signed by Illinois Governor Bruce Rauner in July, the amendments are among some of the most significant changes to civil and family law in nearly four decades. The full procedural impact of the updates remains to be seen, as attorneys and courts around the state have just gone back to work for the new year, but many of new provisions are fairly straightforward, especially those pertaining to new filings for divorce.

Irreconcilable Differences Only

One of the biggest changes to come down in the new law affect the available grounds for divorce in the state. For generations, a divorce could be granted on the basis of negative or destructive behavior of one spouse. These behaviors included those that one would normally associate with divorce, including adultery, bigamy, repeated mental or physical cruelty, abandonment, and habitual substance abuse. In the mid-1980s, however, the law was updated to include the no-fault grounds of irreconcilable differences, acknowledging that something terrible was not necessary to prove a marriage was not working.

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 Posted on December 29, 2015 in Child Support

In a recent post on this blog, we discussed how changes to the Illinois Marriage and Dissolution of Marriage Act will be affecting the state’s approach to child custody proceedings. Beginning in 2016, parents will no longer be awarded sole or joint custody; instead, the parents or the court must determine a reasonable allocation of parental responsibilities. With the elimination of titles like custodial and non-custodial parents, however, it may be a little less obvious than before which parent, if either, will be expected to make child support payments.

Majority of the Parenting Time

According to the new law, a parenting plan or court-entered order for allocating parental responsibilities must include a designation of one parent as having the majority of the parenting time. The determination is to be made based upon the best interests of the child, of course, but will help serve several purposes. First, the parent with majority of the parenting time will be able to establish a permanent address for the child, allowing him or her to be properly registered in school. The same parent will also be considered the child’s custodian for all other state and federal laws that require such a designation.

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 Posted on December 24, 2015 in Criminal Defense

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.

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 Posted on December 22, 2015 in Child Custody

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.

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 Posted on December 17, 2015 in DUI

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.

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 Posted on December 10, 2015 in Criminal Defense

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.

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 Posted on December 09, 2015 in Divorce

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.

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