Arlington Heights, IL 60005
Call Us Today for a FREE Initial Consultation
847-253-3100
Recent Blog Posts
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.
SCOTUS hears 2 criminal cases on warrantless cellphone searches
It has long been the case that technology advances faster than the laws meant to regulate its use do. Sometimes laws and court rulings govern the ways in which individuals are allowed to use technology. Other times, they regulate the scope of how technology and the private data contained within our devices are protected from unreasonable search and seizure by law enforcement.
Smart phones arguably contain more personal data than most other devices that we own. Yet since the advent of the smart phone (and cellphones generally), there has been no clear guidance on whether police can search cellphones seized from a suspect upon arrest without first obtaining a warrant. Thankfully, the U.S. Supreme Court is about to hear arguments in two cellphone-related cases, each of which has significant criminal defense and privacy implications. In both cases, law enforcement officers seized the defendants' cellphones upon arrest and then searched the devices without a warrant.
Steps to take if your spouse is lying during divorce proceedings
The divorce process can be emotionally draining, no matter how amicable spouses are while navigating their split. However, some divorce proceedings are far more trying than others. For example, divorces that are marked by dishonesty can be far more difficult to cope with than those that are straightforward and involve full disclosure.
If you suspect or know that your spouse is lying about finances, behaviors that may affect your child custody case and other material matters, it is important that you react to your spouse's behavior with focused integrity on your part. Retaliating against your spouse for being dishonest will only make you look bad in the eyes of a judge.
Rather than taking matters into your own hands in a negative way, react to your spouse's dishonesty proactively and with dignity. Approach your attorney and inform him or her about the situation. He or she will likely encourage you to document any evidence you can acquire in regards to the situation being affected by the dishonesty. However, you must be careful to gather evidence in honest, legal ways. Please consult your attorney if you have any questions about how to successfully achieve this end.
Illinois Court upholds stiff sentence in marijuana growing case
An Illinois appeals court recently upheld a tough sentence for a man who was convicted of marijuana manufacturing.
The defendant, Michael J. Hogan, was sentenced to a prison term of 15 years in prison plus a two year period of probation, in addition to fines, fees, and a concurrent sentence. Mr. Hogan appealed the sentence, citing its harshness.
Authorities searched Mr. Hogan's apartment after his landlord entered it and discovered various marijuana plants growing. Police searched Mr. Hogan's apartment and confiscated up to 5,000 grams (11 pounds) of marijuana.
He entered an open plea agreement to unlawful manufacture of cannabis and marijuana possession, for the dismissal of a charge of unlawful production of cannabis.
Prosecutors will often over-charge defendants in hopes of scaring a criminal defendant into a plea deal. In this case, Mr. Hogan pleaded guilty to two charges and appeared surprised when he was sentenced to the maximum term in prison.
Dentist's wife not entitled to a change in alimony, court says
A St. Clair County appeals court recently denied the request of a dentist's former wife to increase her alimony payments. Modifying alimony can be a difficult process in Illinois, and the wife failed to show that she had a "change in circumstances" that warranted an increase of her alimony payments from her former husband.
The case involves Michelle N. Renner, who was married to Joseph A. Renner, a dentist who specializes in periodontics. The couple married in 1985 and divorced in the fall of 2002.
The original maintenance agreement called for Michelle to receive $3,000 per month in maintenance for a four year period and $3,000 per month in child support.
Michelle successfully petitioned to extend her maintenance in 2005, prior to the expiration of the original agreement. The child support ceased in the fall of 2006.
The new alimony amount was for $5,000 per month which would decrease in a tiered manner to $2,000 per month. These payments would finally end when Michelle turned 62 years old.
Changing or terminating alimony payments in Illinois
Modifying a marital settlement agreement is a difficult task for many Illinois residents.
One common reason that a person seeks to modify a marital settlement is to change an alimony or maintenance award.
In Illinois, it is possible to modify or terminate a maintenance award only upon showing a "substantial change in circumstances." The party seeking the change in a settlement has the burden of affirmatively showing the substantial change of circumstances.
Factors that may result in a "change of circumstances."
There are nine main factors that can constitute a change of circumstances under Illinois law:
- A good-faith change of employment status of either spouse.
- Reasonable efforts made by the alimony recipient to become self-supporting.
- Either spouse's impairment in present or future earning capacity.
- Tax consequences of alimony payments.
- Duration of alimony payments compared to the length of the marriage.
Matthew Schaffer granted a new trial in sexual assault case
An Illinois man was recently granted a new trial after being convicted of sexually assaulting a woman in a Wheeling condo building.
A Cook County appeals court found that the defendant was improperly cross-examined and that this likely led to his conviction.
The purported victim in this case was a New York woman that was staying with some friends after a night out while visiting downtown Chicago.
The woman testified that Matthew Schaffer entered condo building and forcibly assaulted her before taking money and jewelry from her purse.
Schaffer testified that he knew the victim because he had sold marijuana to her on two occasions and that she fabricated the assault story because she was caught cheating on her husband with him.
During jury deliberations, the jury indicated several times that it was split on all three counts. The jury eventually convicted Schaffer on aggravated criminal sexual assault, home invasion, and armed robbery. He was sentenced to 20 years and appealed, alleging that the state improperly cross-examined him.
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
