Posted on July 09,2015 in DUI

Driving under the influence of alcohol, marijuana, or other drugs is extremely dangerous. There is little question regarding that fact. Impaired drivers present serious hazards not only to themselves and the occupants of their vehicles, but to anyone else currently on or near the road, including pedestrians and bicycle riders. Anyone, certainly, is capable of drinking too much and getting behind the wheel, but, over time, certain trends have emerged regarding DUI arrests. Combining all available DUI arrest information, the Office of the Illinois Secretary of State has created a compilation of the average person arrested for DUI.

Keep in mind that, as an average, this composite is for illustrative purposes only. Based on the DUI records in recent years, the average DUI offender in Illinois is:

• Male: ­More than three quarters of those arrested for driving under the influence are men;

Continue Reading ››

 Posted on July 07,2015 in Divorce

In an ideal world, informing your children of your imminent divorce is one of the most difficult conversations you will ever have. The world, however, is rarely ideal and, in reality, talking to your kids about divorce is more likely to result in several, if not many, very difficult conversations. Your children deserve to know, obviously, that their lives are about to significantly change, and there may even be positive effects from being appropriately forthcoming with them about the situation.

As you prepare to tell your children, do not begin the conversation on a whim. This is not the time to start talking and “see where it goes.” Your children will need to know certain, specific pieces of information that they may not be comfortable asking about, and you and your spouse need to be ready.

Work Together

If possible, you and your spouse should make the effort to talk with the children together, despite the difficulties you may be facing. This can help demonstrate to you children that you will continue to be a family, albeit with a new dynamic. It also eliminates the need for two versions of the same story, which can lead to confusion or force a child to choose which parent he or she “believes.” Cooperation at this point in the process may even lay the groundwork for future amicability between you and your spouse regarding the children.

Continue Reading ››

 Posted on June 25,2015 in Criminal Defense

You probably have heard the terms “bail” and “bond” used interchangeably related to the arrest of an individual. It may have been a friend, family member, or even a celebrity, but it is not uncommon to hear or read that a person has been “bailed out of jail” or has “posted bond.” Although the terms are related, they do not mean exactly the same thing and understanding the difference may be helpful if you are ever confronted with such situation.

What is Bail?

If you have been arrested on criminal charges, you are entitled by law and the Constitution to a trial. Due to scheduling and backlogs, however, there may be a significant amount of time between the arrest and your required appearance in court. To ensure that you appear when scheduled, the court has three basic options:

Continue Reading ››

 Posted on June 23,2015 in Divorce

While it may be easy for most people to believe that have a fairly good grasp on the laws of the state in which they reside, many are often surprised by the sheer volume of enacted legislation that governs their lives. In Illinois, there are countless pages of statutes which provide guidance regarding criminal matters, operation of a motor vehicle, and civil procedures, including divorce and related concerns.

The bulk of Illinois law dealing with divorce can be found in the Illinois Marriage and Dissolution of Marriage Act, or IMDA, which constitutes its own section (750 ILCS 5) of the state’s statutory code. Many of the provisions in the IMDMA are rather straightforward, but others may seem a little curious.

For example, you may not know that, under Illinois law:

Continue Reading ››

 Posted on June 18,2015 in Illinois Criminal Defense Attorney

While the death of a young Baltimore man in police custody a few weeks ago caused extreme levels of civil unrest around the city, one of the frequently overlooked aspects of the case was that the man’s initial arrest was preceded by his running from an interaction with the police. Obviously, the police department’s handling of the man’s arrest and his subsequent death are more significant concerns, and the officers involved have been indicted. However, the circumstances leading up to his arrest pose the question: Is running from the police prior to being stopped against the law?

An individual cannot be arrested on the grounds of running from the police. The Fourth Amendment to the U.S. Constitution protects citizens from unlawful search and seizure of property, and allows a person to go about his business or remain silent during an investigatory police stop. While running from police is not against the law, however, there are situations in which running may lead to additional problems for a person who makes that choice.

Continue Reading ››

 Posted on June 18,2015 in Child Custody

Under the auspices of criminal law, intent often plays a significant role in the commission and prosecution of a crime. The same may be said about certain areas of family law, as well, as intent and good faith efforts are typically recognized by the court in a variety of applications. There is one area of family law, however, where intent may not be enough, as the Illinois Supreme Court has closed the door on equitable adoption as it relates to child custody situations and the parent-child relationship.

Equitable Adoption and DeHart v. DeHart

While most people are familiar with the concept of adoption, which grants legal parental rights to a non-biological parent, equitable adoption refers to situations in which legal adoption was never completed but the substance of the adoptive parent-child relationship is recognized by the court. The issue of equitable adoption was the centerpiece of a 2013 Illinois Supreme Court decision in DeHart v. DeHart.

Continue Reading ››

 Posted on June 11,2015 in Divorce

A generation or two ago, the phrase “digital footprint” would have sounded like made-up nonsense. Today, however, an individual’s digital footprint actually exists as an electronic trail left from the use of online and digital services. Many have likely recognized some of the ways in which marketers utilize such information; for example, dynamic advertisements on certain websites will be presented based on a user’s prior search and browsing history. Beyond advertisers, though, more and more data is being pulled from social media and cell phones to be used as evidence in divorce cases.

Cell Phone Society

It is estimated that more than 90 percent of American adults own and use cellular phones. Two-thirds or more own smart phones, allowing them to access the internet and run apps directly from the device. These numbers have continued to grow in the last several years, as mobile device use has become nearly ubiquitous in American culture. What many fail to consider, however, is the treasure trove of information such devices can be when another person may be looking for something to use against them.

Continue Reading ››

 Posted on June 04,2015 in Illinois law

Despite being legal since January 1, 2014, not a single Illinois resident has been able to obtain marijuana for approved medical purposes yet. After more than a year of administrative delays, the state government has indicated that the program should be up and running by the end of the summer. Lawmakers and citizens alike are understandably skeptical, and a measure recently passed both the state House and Senate that would extend the program back to its intended length.

The Medical Marijuana Program

In August of 2013, then-Governor Pat Quinn signed into law the Compassionate Use of Medical Cannabis Pilot Program Act, set to take effect at the beginning of the following year. The Act was aimed at determining the effectiveness of marijuana in helping patients with specified medical conditions while monitoring the impact of the drug’s medical use throughout the state. Included in the law was a sunset provision, intended to automatically end the pilot program on January 1, 2018, limiting its lifespan to four years.

Continue Reading ››

 Posted on June 04,2015 in Divorce

When a couple decides to end their marriage, there are a number of difficult decisions they must ultimately make. Some of them involve the care and well-being of their children, while some are more financial in nature, such as dividing joint savings accounts. Others, however, seem to straddle the line between financial and familial considerations, and a common point of contention between spouses is determining if one spouse will stay in the marital home and which spouse that will be.

Is Keeping the Home Possible?

The first decision that must be made regarding the home is whether or not it is even possible for one spouse to keep it. A detailed review of the couple’s marital property often shows that their home is, by far, their most valuable asset. In an Illinois divorce, allocation of any asset to either spouse must be done under the state’s equitable distribution guidelines. This means that all marital property is to be divided fairly, not necessarily equally, based upon consideration of factors present in the marriage and divorce.

Continue Reading ››

 Posted on May 28,2015 in Underage Drinking

Thanks to modern technology, obtaining a false identification card, or fake ID, has become easier than ever. Any individual with internet access and a few dollars to spend can a run a quick Google search and find a number of options for obtaining a realistic looking ID. For some, a fake ID may be a means to commit more serious acts of fraud such as identity theft or other related activities. The vast majority of fake IDs, however, are used by underage individuals to get into bars or clubs and to illegally purchase alcohol.

Illinois Identification Card Act

State law in Illinois defines a fraudulent identification card as any card that “purports to be an official identification card for which a computerized number and file have not been created by” any governmental or quasi-governmental organization. Similarities in color, design, size, wordmarks, or photograph location to an official card issued in Illinois or any other state or country may be deemed a fake ID. A person found to be in possession of such a card can potentially be charged with a Class 4 felony in addition to the suspension of driving privileges and other administrative penalties.

Continue Reading ››