Posted on May 07, 2015 in Underage DUI

As the school year draws to a close, young people across the country look forward to spring and summer seasons. Graduation parties, holiday picnics, and simply spending time with friends offer many teens a well-deserved break from the stress of school. Many teens, however, will choose to celebrate with alcohol, which can not only be dangerous, but is also illegal in Illinois. Some, after drinking, will get behind the wheel of a car, putting them at increased risk of injury and prosecution under the state’s Zero Tolerance Law.

Zero Tolerance and DUI

The Illinois Zero Tolerance Law makes it illegal for an individual under the age 21 to operate a motor vehicle with any trace of alcohol in his or her system. A person caught driving with a blood-alcohol content (BAC) of greater than 0.00 percent may be charged under the state's Zero Tolerance provisions. A first offense will result in a three month suspension of driving privileges, and a subsequent offense carries a one-year suspension. Refusal to submit to BAC testing can result in the penalties and suspensions being doubled.

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 Posted on May 05, 2015 in Illinois Family Law Attorney

The impact of soda and other sugary drinks on a person’s health is fairly well-known, at least among adults. Most realize that if consumed in excess, such beverages can contribute to obesity, diabetes, and a wide array of other health-related issues. However, children have seemingly always been drawn to soft drinks, either as a treat or, in some cases, a regular part of their daily routine. According to recent research, children of divorce may be even more inclined to drink soda and similar beverages, leading to an increased risk for health problems.

A study conducted at San Francisco State University and published online in the journal Childhood Obesity examined factors that contributed to pre-adolescent obesity. Researchers, led by psychology professor and department chair Jeff Cookston, interviewed parents and children in both intact and divorced families, asking them to track their eating habits. When the results were compiled, the findings showed that children of parents who had recently separated or divorced were far more likely to drink soda or sugar-sweetened beverages than children of currently married parents.

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 Posted on April 28, 2015 in Child Custody

As a parent, you will always want what is best for your child. In a difficult situation, however, figuring out what is best may be extremely challenging. Negotiating arrangements for child custody can be among the most difficult situations a parent will ever face. However, for parents wishing to maintain shared or joint custody of their child must approach the situation with a sense of cooperation and dedication to the child, regardless of anything else.

Joint Custody

Parents who are divorced or unmarried may seek a joint custody arrangement for their child, which grants them both the legally recognized right to make decisions regarding the raising of the child. They will be expected to work together in creating an environment in which the child will thrive and enjoy a healthy relationship with each parent. While Illinois law does not require a court to work from a “default” position regarding joint or sole custody, it is generally accepted that active, positive participation in the child’s life by both parents is always in the child’s best interest.

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 Posted on April 23, 2015 in Illinois Criminal Defense Attorney

Over the last several weeks, this blog discussed some of the characteristics of different types of property crime in Illinois. The first post looked at burglary offenses, which include breaking and entering, criminal trespass, and residential burglary. Last week’s post examined charges related to theft in more detail, a classification which encompasses shoplifting, retail theft, and the taking of unattended property. Today, for the last post in the property crime series, this blog will consider offenses related to robbery.

Definition of Robbery

Illinois statutorily defines robbery as the taking of property, not including a vehicle, “from the person or presence of another by the use of force or by threatening the imminent use of force.” Under this definition, robbery would include a mugging on the street, purse-snatching, and the hold-up of a convenience store or bank.

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 Posted on April 21, 2015 in Child Support

The state of Illinois, like every state, recognizes the right of every child to receive support from both parents. While support can take many forms, it is impossible for any law to control the emotions of a parent, requiring them to show love, care, and compassion for the child. While such intangible forms of support should innate in most parents, the law can and often does mandate financial child support be provided and may require contribution from either or both parents.

Which Parent Pays Child Support?

Under Illinois law, a child’s present situation dictates which parent is required to pay child support. While the law does permit the court to require payments from both parents, the provision is usually invoked only in rare cases in which the child is not living with either parent. In most cases, contributions for child support are required from the parent without primary physical custody of the child or children.

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 Posted on April 16, 2015 in Illinois Criminal Defense Attorney

The circumstances of any criminal case will generally dictate how the case is prosecuted, and under which charges. In many situations, it can be rather confusing, as certain charges may seem similar in definition, but are actually very different in application. Commonly misunderstood offenses include those related to property crimes, including burglary, theft, and robbery. Last week, this blog discussed some of the details related to burglary charges in Illinois, and this week, the focus will be on charges related to theft.

Theft Defined

At its most basic, as described by Illinois statute, theft is committed by a person who “obtains or exerts unauthorized control over property of the owner.” This includes taking of property by deception or threat, and taking of property reasonably known or assumed to have been stolen. The action must also include the intent to deprive the owner of use, of the property permanently.

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 Posted on April 14, 2015 in Divorce

Ask a random stranger how likely it is that a couple getting married today will eventually get divorced. Chances are, the stranger will answer that the couple has about 50 percent chance of divorce. The idea that half of all marriages end in divorce has somehow become solidly lodged in the consciousness of public opinion and it seems to be extremely difficult to shake. The actual divorce rate in the United States, according to many demographers, has never reached 50 percent, and as the divorce rate continues to fall as it has for several decades, it appears that it never will.

Overly Simplistic Estimates

Claiming that half of marriages end in divorce is a quick and easy talking point, useful for establishing social context for various political movements and groups. Some may use the number as an example of the eroding family structure, while others use it to demonstrate the need for supportive funding for low-income children and single parents. So where did the 50 percent number originate and why does it persist?

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 Posted on April 09, 2015 in Illinois Criminal Defense Attorney

Property crimes can be prosecuted under a number of different charges in Illinois, depending on the circumstances of the case. Many of them, such as theft, robbery, and burglary may seem relatively similar to those unfamiliar with their distinctions. While charges related to any of these offenses can be extremely serious and carry severe potential penalties, it is important to understand what makes them different under law. Over the next several weeks, this blog will address some of the more common Illinois property crimes.

The Offense of Burglary

Illinois criminal code defines burglary as entering or unlawfully remaining on another’s property with the intent to commit a felony or theft. In situations in which a perpetrator picked a door lock or otherwise forced entry into the property, the act of burglary may be referred to as “breaking and entering.” Property included in the statute regarding burglary includes:

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 Posted on April 07, 2015 in Divorce

Divorce can be extremely difficult on everyone involved, even those who are not directly impacted by the end of a marriage, such as extended family members and friends. It comes as little surprise to most people, therefore, that children of divorcing parents are often particularly affected by the changing situation. Research, however, is beginning to suggest that children from different income and lifestyle groups may experience varying degrees of impact.

A study was conducted last year by researchers from Georgetown University and the University of Chicago to examine the affects of divorce on the behavior of children across various income levels. The team published its findings in the journal Child Development and determined that children of wealthier parents had more difficulty in adapting to a post-divorce situation, leading to more behavioral issues than lower-income children.

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 Posted on April 02, 2015 in Underage DUI

The beginning of April marks the start of Alcohol Awareness Month, meant to be an initiative to increase education about the effects and potential dangers of alcohol abuse. While alcohol abuse can affect people of any age, recent research suggests that underage drinking, and specifically, underage binge drinking is on the rise throughout Illinois. Experts may point to a number of long-term dangers related to teen alcohol use, but for many, a single incident of overdrinking can be extremely serious or even fatal. To that end, the Illinois Senate is now considering legislation drafted to encourage young people to seek medical help for someone who has had too much to drink.

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