Recent Blog Posts
What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?
Prosecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.
When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.
Refusing Chemical Tests
Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.
Can We Negotiate Our Own Maintenance Agreement?
As you navigate the process of divorce, you and your soon-to-be ex will have a large number of issues to consider. You will need to think about which of you will get what property, arrangements for your children, and how you will deal with life after divorce. For many couples, the issue of spousal maintenance, or alimony, can be particularly complex, as it is often difficult to “put a price” on your ending marriage. While you may be content to place such decisions in the hands of the court, you also have the option of creating your own maintenance agreement that meets the needs of both parties and avoids messy litigation.
Communicate and Cooperate
While divorce is rarely, if ever, easy, an increasing number of couples are approaching the matter with a cooperative spirit. In many cases, both spouses have reached the conclusion that continuing the marriage is no longer healthy or in their best interests, but still care about each other and do not want to create additional, unnecessary problems. With an attitude such as this, you and your spouse are likely to be able reach an agreement regarding spousal maintenance quickly, and without acrimony.
Five Mistakes to Avoid When Pulled Over for a DUI
Being pulled over is a scary thing, even when a person has not been drinking. When an officer approaches the window and suspects you are intoxicated, it becomes even more frightening. Even though you are nervous, it is important to remember that you have rights and that you know what to do, and what not to do. Below are the five biggest mistakes many drivers make when they are pulled over for a suspected DUI, and how doing them can negatively affect your case.
Admit You Have Been Drinking
If you have only had one or two drinks, you may feel confident in telling the police officer that when they ask. However, this is a big mistake, and you should never admit that you have been drinking. The officer and prosecution will hold this against you later in your case. It is equally important that you do not lie to the officer. Ask if you are being charged with anything and if they ask again if you have been drinking, tell them you would rather not say.
Can the Store Demand Money After You Are Caught Shoplifting?
Shoplifting, officially known as retail theft in Illinois, is a very common crime. When it occurs, the person is often caught by store clerks while they are still on the property. In these cases, the store has a few options. They can simply ask for their merchandise back and allow the person to leave. Most of the time when this happens, the person is also banned from returning to the store. The store could also detain the person for a period of time before allowing them to leave. Or, in the worst-case scenario, they could call the police and press charges.
Many times, the store will let you go if you are caught shoplifting merchandise with a very small value. However, they may still send you a demand letter requesting that you pay them a fine. The question is, should you?
Is a Civil Demand Letter Binding?
A civil demand letter is not binding. That means you are under no legal obligation to meet the demands of the letter. However, it is important to understand that if the store has hired an attorney and taken this first step, they are likely going to pursue further action if you do not comply with the demand.
When is an Illinois Prenuptial Agreement Not Legally Enforceable?
Prenuptial agreements, or prenups, have long been the subject of rumors and misinformation. Many people falsely assume that if a couple truly loved each other, they would not need a prenuptial agreement. This is simply not true. Prenuptial agreements provide a range of benefits, but they must be accurately executed in order to be legally enforceable. There are several issues that can make a prenuptial agreement invalid.
False Financial Information
Prenuptial agreements allow spouses to define and protect property rights in the event of divorce. Another major benefit of prenuptial agreements is that creating the agreement gives spouses the opportunity to make sure they are on the same page regarding finances. Disagreements about money are among the most common reasons that married couples split up and is considered to be the leading cause of tension in romantic relationships. Having an honest conversation about financial matters before the marriage can help prevent money-related arguments in the future. During the creation of a prenuptial agreement, each spouse must fully disclose income, assets, and debts. If a prenuptial agreement is founded upon false or incomplete financial information, the document may be invalid.
Common Questions About the Juvenile Justice System in Illinois
When children get into trouble with the law and face common charges such as retail theft, parents often do not know what will happen next, or what rights their child has. They have a lot of questions and, if your child has recently been charged with a crime, it is likely that you have asked them, as well. Below are some of the most commonly asked questions about the juvenile justice system in Illinois, and the answers to them.
What is the Age of a Juvenile?
In Illinois, anyone that is 17 years old or younger is considered a juvenile if they have been charged with a misdemeanor offense. This law was changed in January of 2010 to increase the age from 16 to 17. The age limit for juveniles is a topic the Illinois legislature continues to debate.
How Long Can My Child be Detained After an Arrest?
The length of time a child is held in custody after being arrested for a crime can seem interminable to parents. If your child is under the age of 12, law enforcement can detain them for no longer than six hours. Children between the age of 12 and 17 can be kept up to 12 hours if they have been accused of committing a non-violent crime, and up to 24 hours if they have been charged with a violent crime.
How to Make the Divorce Process Easier on Your Children
If you are a parent and you have decided to end your marriage, you may have concerns about how the divorce will affect your children. Divorce can be hard for children to cope with, but studies shows that children with divorced parents can still lead happy, successful lives. In fact, being exposed to parents who are obviously miserable being married to each other may be worse for children’s well-being than the parents getting divorced. Divorce is a stressful ordeal, but fortunately, a great deal of research has been done regarding how to best help children cope with divorce.
Keep Grown-Up Conversations Away from the Kids
Even if children do not seem like they are paying attention, kids pick up on a surprising amount of adult hostility. Avoid talking about divorce-related issues like child custody disputes, property division concerns, or spousal maintenance arguments when your children are present. Being exposed to heated discussions such as these can make children very anxious and upset. Constant exposure to their parents’ arguing can also lead to social and academic problems. Furthermore, avoid bad-talking your soon-to-be-ex spouse in front of the children. Hearing negative things about the other parent, even if they are true, can make the children feel like they have to choose sides.
State Prosecutor Warns Drivers that DUI Charges Apply to Marijuana
The new year saw many changes to Illinois law, and the one garnering the most attention is the fact that both medicinal and recreational marijuana are now legal in the state. Although Madison County State’s Attorney Tom Gibbons says that he is in support of the new law, as it may eliminate the black market, he also has a warning for drivers. That is the fact that law enforcement across the state has been training on how to spot drivers under the influence of marijuana. He wants to remind drivers that while marijuana is now legal, it is still against the law to drive under the influence of the drug.
What is Drugged Driving?
The Illinois statute for driving under the influence includes both alcohol and drugs that can impair a driver’s ability to drive safely. Even prescription drugs can mean a driver will face charges if it is found that those drugs impair the motorist. This includes prescriptions for medical marijuana.
What Happens During a Contested Divorce in Illinois?
When a married couple divorces, there may be many issues that they need to resolve before the divorce is finalized. If the couple has a child together, they may need to determine how to share child custody and visitation, technically called the allocation of parental responsibilities and parenting time in Illinois. They may own a home, vehicles, and other assets that will need to be divided. Many divorcing couples must also make decisions about child support or spousal support.
If a divorcing couple is able to reach an agreement about these and other divorce-related matters through negotiation or mediation, they will generally enter into an uncontested divorce. If they cannot reach an agreement without court intervention, they enter into a contested divorce.
The Basics of Contested Divorce
There are many reasons that a couple might not be able to resolve divorce issues without going to court. In some cases, a spouse simply refuses to participate in negotiation or good faith discussion about the terms of the divorce. During a contested divorce, the court hears arguments from each party and then makes decisions about the unresolved issues on behalf of the couple. The court’s decisions are based on the applicable laws and unique circumstances of the case. It is very important to hire an experienced divorce attorney when undergoing a contested divorce. Your attorney can help ensure that your rights are not violated and that you receive a fair divorce settlement. He or she will advocate on your behalf and protect your best interests.
How to Argue the Evidence in a Domestic Violence Case
Domestic violence cases pose many problems for both the prosecution and defense. One of the biggest challenges that arise in these cases pertains to evidence. Domestic violence typically takes place behind closed doors in a private home. As such, they are very difficult to prove for the prosecution, and there is always a challenge for the defense when attempting to prove that something never took place. Below are a few types of evidence that the prosecution may use in a domestic violence case, and how a criminal defense attorney may argue against them.
Physical Evidence
In domestic violence cases, the prosecution will rely heavily on physical evidence. This is because juries are more likely to believe facts rather than evidence that may be clouded by a person’s own biases or opinions. For this reason, the prosecution may use photographs of the alleged victim’s injuries, or of property that was used during the alleged act.
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