Recent Blog Posts
Traffic Ticket FAQs
Any time someone is pulled over for a traffic ticket, they have many questions. Will they have to go to court? Will they lose their license? Is traffic safety school an option? These are just a few of the most common questions criminal defense attorneys in Rolling Meadows are asked every day. The answers to them, and to other frequently asked questions about traffic tickets, are below.
What Should I Do if I Am Pulled Over?
If you are pulled over, it is best to cooperate with police. Turn off your engine and radio, and keep your hands visible. Do not reach for your driver’s license or insurance information until the officer asks to see them. Remain calm and friendly, and do not argue with the officer.
Do not admit guilt, even if the officer asks if you know why they pulled you over. The officer could be recording your response so they can use it against you later in court. Cooperate fully and, if the officer issues a traffic ticket, contact an attorney.
Social Media is Influencing Divorce More Than Ever
The majority of Americans have a Facebook, Twitter, Instagram, LinkedIn, or another social media account. These websites and apps are increasingly a major part of many peoples’ lives. Social media is the main way many people share information, pictures, and plans with friends and family. Social media is also becoming increasingly relevant to divorce proceedings.
It may surprise you to learn that over 80 percent of family law attorneys present evidence from social media in court and that 66 percent of divorce cases involve information taken directly from Facebook. If you are getting divorced, it is critical that you properly manage your social media accounts so that evidence from these accounts cannot be used against you.
Avoid Disclosing Financial Information on Facebook
Although few of us would share our literal net worth online, there are many ways that people getting divorced accidently share financial information on social media. For example, a divorcing husband may share online that he got a promotion at work. His wife could then use this information to try and increase the amount of child support or spousal maintenance (alimony) he is required to pay. There have also been instances when a person posts pictures of new purchases or expensive vacations online which end up being used as evidence during their divorce. Even if you have blocked your soon-to-be-ex-spouse from viewing your social media accounts, there are many ways that they can access this information anyway. It is important to practice discretion when making social media posts during divorce.
Should Illinois Raise the Age for Juvenile Offenders?
The law on juvenile delinquents in Illinois is garnering international attention. Together, the Justice Lab and Juvenile Justice Initiative are meeting with individuals from Germany and Croatia that are involved in the juvenile justice system in their own countries. Among them are prosecutors, judges, and probation leaders. Their hope is to create better strategies to deal with juvenile delinquents in Illinois so the state can see reduced recidivism rates and help enable the state’s youth for a better tomorrow. One of the main factors they are considering is raising the age of juvenile delinquents in the state.
The Current Law
Currently, anyone that is 18 or younger and charged with a crime is considered a juvenile delinquent. Historically, anyone charged with a felony was charged in adult court, regardless of their age. That law was changed in 2014 so that those under the age of 18 and charged with a felony were also considered juvenile delinquents.
The Differences Between Theft, Robbery, and Burglary in Illinois
Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.
Theft
The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:
- Unlawfully taking property that belongs to another person;
- Taking property from another person through deception or threats; and
- Gaining control of property you know is stolen,
Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.
Illinois Pet Custody and Divorce
A beloved pet can become just like a family member. When a couple with pets gets divorced, there is often conflict and confusion as to who will get the pet. Until 2018, pets were treated just like any other piece of property under Illinois law. Fortunately, changes in Illinois divorce law have now taken into account the value of pets in peoples’ lives and the wellbeing of the pet in question. Read on to learn how "pet custody" is handled under Illinois law.
Pets Are Subject to Equitable Distribution Laws
Although you may consider your pet to be more like a family member, the law treats pets similarly to property like a car or house. Illinois distributes property according to a methodology called equitable distribution. Unlike states in which property is simply split in half with each party receiving 50 percent of the assets, Illinois distributes property according to what is equitable or fair. Depending on the financial and life circumstances of the divorcing parties, one spouse may receive a greater share of the marital estate than the other does. It is important to note, however, that only property which was acquired during the marriage, or marital property, is divided during divorce. Property which was obtained by a spouse before they got married is separate property and not subject to division.
Four Common Defenses to DUIs
If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.
Illegal Traffic Stop
In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.
What Can I Do If My Child’s Other Parent Is Not Paying Child Support?
Child support is designed to help a child with unmarried or divorced parents receive financial support from both of his or her parents. The amount of child support a parent pays is calculated by Illinois courts using the “income shares” method. This methodology takes both parent’s income and financial status into consideration to arrive at a child support payment amount which is fair and reasonable for both parents.
Illinois takes child support orders very seriously. A parent who does not pay his or her court-ordered support can face serious consequences, including criminal charges. If you are not currently receiving child support from your child’s other parent, read on to learn about your options under Illinois law.
Child Support Must Be Ordered by the Court in Order to Be Legally Enforceable
Facing Criminal Charges? Here Is What to Expect
Whether you are facing DUI charges, drug possession charges, or any other criminal charge, chances are you are pretty scared. However, the case is not as hopeless as it may seem. Often, those accused are fearful because they simply do not know what is coming next. They do not know what to expect, and they fear the worst. While a Rolling Meadows criminal defense attorney can fully explain the process, below are the basic steps you will go through after being charged.
The Arrest
An arrest does not occur until an officer has detained or restrained you, and taken you to a holding facility. If this occurs, you should say as little as possible. Anything you say can be used against you later in the case. You should speak to an attorney as soon as possible, and a lawyer can speak on your behalf. You should always be advised of these rights. If you are not, the arrest is unlawful and your case could be thrown out.
How to Prepare for a Contested Divorce in Illinois
There are two types of divorce in Illinois: contested and uncontested. A couple is undergoing an uncontested divorce when they are able to come to an agreement about major divorce issues such as property and debt division, spousal support, and the allocation of parental responsibilities. When divorcing couples are not able to effectively discuss these issues and come to an agreement either on their own or through mediation, they may require court intervention. Divorces such as these are referred to as contested divorces. If you have a feeling that your divorce will not be amicable or cooperative, there are several things you can do now to help yourself prepare for the contested divorce process.
Educate Yourself About the Illinois Divorce Process
Human nature often makes us afraid of things that we do not understand. If you are planning to end your marriage through divorce, one way you can help prepare yourself is to start learning about the divorce process in Illinois and what to expect. Reducing the number of surprises you will encounter is one way to make the divorce process less intimidating. In Illinois, most contested divorces involve some or all of the following steps:
Penalties for Leaving the Scene of an Accident in Illinois
In early May, a Berwyn woman was taking an Uber home after celebrating her 23rd birthday in Chicago. On her way home, a drunk driver crashed into the vehicle she was in, killing her and injuring three others. The driver fled the scene and was caught shortly after. Now, he faces many charges, including leaving the scene of an accident.
In Illinois, it is law that all drivers stop at the scene of any accident they are involved in. When they do not, they face serious penalties.
Leaving the Scene of an Accident Involving Property Damage
Even when there is only property damage and no real injury to anyone involved, all drivers must still stop and report the accident to the police. Failing to do this is considered a Class A misdemeanor. Although these are some of the least severe charges a person could face after leaving the scene of an accident, the consequences are still serious. This crime is punishable by up to one year in jail, a $2,500 fine, and a probation period of up to 24 months.
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Arlington Heights Office 3030 Salt Creek Lane, Suite 120 Arlington Heights, IL 60005 Phone: 847-253-3100
At Cosley Law Office, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100