Recent Blog Posts
Is Breaking into a Car Burglary?
Two individuals were recently arrested for multiple burglary charges in the area of 95th Street and Book Road in the Northwest Side. Naperville police say the pair first burglarized a home and then continued to steal from multiple vehicles. Both are facing felony charges, and it raises the question of whether or not vehicle burglary is a felony, or if these charges pertain only to the home they are suspected of breaking into.
Burglary and Illinois Law
According to 720 ILCS 5/19-1, burglary is defined as when a person without permission enters a “building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof with the intent to commit a felony or theft.”
The same statute also states that any violation of this law is considered a Class 3 felony. Under this law, if convicted, the two individuals mentioned above will face felony charges, possibly one for each vehicle entered.
What Are the Laws in Illinois for Passing a School Bus?
Many drivers may understand that they need to stop for school buses when the arm is extended and the lights are flashing. However, few know the severe penalties that accompany violating this traffic law. Every driver in Illinois should know that the law in Rolling Meadows and throughout Illinois takes this violation very seriously. Those convicted will even face a license suspension.
What the Law Says About Passing a Stopped School Bus
The laws surrounding passing a stopped school bus are included in the Illinois Vehicle Code, 625 ILCS 5/11-1414. This piece of legislation indicates that it is against the law to overtake, or pass, a school bus when the bus is stopped to load or unload students.
Drivers must come to a full stop when the bus operator has displayed the extended arm, or when the lights are flashing. Drivers can also not continue traveling until the driver has retracted the extended arm, turned the flashing lights off, or resumed motion. In some instances, such as when there is an issue with these signals, a bus operator may motion to other drivers that they can continue driving. In these instances, a driver may do so.
Considerations When Undertaking a High Net-Worth Divorce
As the old saying goes, he who has much has much to lose. Any divorce can be stressful and financially risky, but high net-worth divorces involve an increased risk. If you are someone with a high net worth or you own complex assets and plan to divorce, you should know that the road ahead may be bumpy. Fortunately, you do not have to face the complex world of high net-worth divorce alone. Divorces involving valuable and complex assets almost always require the skill and experience of a divorce attorney familiar with high-asset divorce.
World’s Richest Man to Divorce Wife
Jeff Bezos is mostly known for being the founder, CEO, chairman, and president of the retail giant Amazon. He has an estimated net worth of over $90 billion which makes him the world’s richest person. Bezos recently announced that he and his wife of 25 years are divorcing. The couple and their children live in Washington state which has slightly different laws about property distribution during divorce than Illinois.
New Year, New Rules of the Road in Illinois
Most drivers believe they know the rules of the road. These rules include driving under posted speed limits, stopping at traffic lights, and following all road signs, such as school crossings. However, many new traffic rules will come into effect over the course of 2019. Drivers need to ensure they are familiar with these rules as well. If they are not and are found in violation of these new laws, they could be facing hefty fines and other penalties.
New Texting and Driving Laws
Perhaps the most important law that will be introduced later in the year is the new penalties imposed on drivers found in violation of texting and driving. This law, which stems from Illinois House Bill 4846, will come into effect on July 1, 2019.
Texting and driving has been illegal in Illinois since 2014. The new law though, will now consider texting and driving a moving violation rather than a non-moving violation. Moving violations are entered into a person’s driving record. When a person is convicted of three moving violations within a 12-month period, their licenses are also subject to suspension. A first offense carries the same penalty of $75.
What to Expect After a First-Time DUI
Being charged with a DUI is always an upsetting time. Individuals may feel shocked if they did not realize they had too much to drink. When the DUI is a first offense, it is also normal to feel confused and worried about what will happen next.
The first thing individuals should always do after being charged with a DUI is to contact a DUI attorney in Rolling Meadows that can help. An attorney will be able to best explain what will happen in a specific situation and provide a strong defense. This will give those charged the best chance at regaining their freedom and having a clear record once the incident is over.
Generally speaking, there is a procedure that anyone charged with a DUI will have to follow.
Court Appearances and Driver’s Licenses
Immediately after being charged with a DUI, individuals will likely be given a notice that their license is suspended. That suspension often starts 46 days after the arrest. They will also be given a notice of when they must appear before the court for their first hearing.
What You Should Know About Divorcing a Gambling Addict or Compulsive Shopper
Any divorce is challenging, but divorcing a spouse who struggles with an addiction can be especially legally complex and emotionally burdensome. For some, compulsive spending is a coping mechanism used to deal with negative emotions or memories. Studies show that purchasing a new item releases a feel-good hormone in the brain which is similar the effects of drugs and alcohol. Gambling addictions can occur when a person convinces themselves that the only way to fix their financial situation is to finally win big. Unfortunately, the big win rarely comes and the house always wins. If you plan to leave a spouse who sometimes acts in financially reckless ways, you should take steps to protect yourself personally and economically.
Separate Your Finances As Soon As Possible
When you decide to leave a spouse who is a compulsive shopper, gambling addict, or who may otherwise waste marital funds, you should take steps to separate your finances as soon as possible. Illinois state law dictates that only shared property, called marital property, will be divided during a divorce. Once you decide to divorce, you must make sure any assets you accumulate from then on will be considered separate property which is not subject to division. One way to accomplish this is to get a legal separation. Simply living apart is not the same as being legally separated and does not afford the same legal protections. Another way to protect yourself financially is to request a court order that prevents your spouse from accessing certain assets like saving accounts or retirement accounts.
Understanding the Sex Offender Registry Laws in Illinois
Being convicted of a sex offense in Illinois carries with it several consequences. A person may be sentenced to jail time, high fines, and will most certainly be required to register as a sex offender. The laws pertaining to sex offender registration in Illinois are complicated. They are also very harsh. In fact, a person may be required to register as a sex offender even when they do not have any convictions for a sexual offense. Due to the complexity of these laws, there are many misunderstandings surrounding them.
The information below will explain the most important aspects of the sex offender registration laws within the state. While this information is comprehensive, anyone accused of a sex offense should still contact an attorney that can review their case in more detail.
Crimes Requiring a Person to Register as a Sex Offender
The full list of crimes that require someone to register as a sex offender are fully outlined in the Sex Offender Registration Act. These crimes include everything from child pornography to criminal sexual abuse and more. However, other criminal convictions can also result in a person being required to register as a sex offender. For example, if a person is convicted of murder in the first degree, upon their release from prison, they are also required to register on the sex offender registry.
Expunging a DUI Record
One of the worst penalties for mistakes made or wrongful convictions is that a person has a criminal record for the rest of their life. That criminal record can prevent them from obtaining employment, housing, and other opportunities such as post-secondary scholarships. Due to this, those with past convictions often wonder if there is any way to get their record cleared, and the mark on it erased. This is often the case with those convicted of a DUI. So, is there any way to get a DUI expunged or sealed in Rolling Meadows?
Expunging a DUI
According to the Criminal Identification Act, expunging a record is the act of physically destroying it. Instead of the records being destroyed, the records may simply be given to the person named within them. Their name may also be removed from official and public record with regard to a certain crime.
Under the law, expungement may be possible for certain arrests, court-ordered supervision, probation, and even some felonies. A DUI however, cannot be expunged from a person’s record, no matter what they were charged with or what the sentencing entailed.
What You Should Know About Dating During Your Divorce
If you are in the midst of a divorce, there is a very good chance that you feel like your marriage has been over for quite some time. The legal proceedings associated with divorce are important steps toward your new life, of course, but from a personal standpoint, you have probably started to move on already. As the divorce process continues, you might be tempted to start a romantic relationship with a new partner. The thrill of a new relationship, along with the feelings of appreciation and empowerment that often come with it, can certainly be attractive. Depending on your situation, however, you may want to avoid dating someone new until your divorce is finalized.
Legal Concerns
According to the laws that govern divorce in Illinois, you are not prevented from seeking a new romantic relationship while your divorce is ongoing. If you decide that dating is right for you, it is important for you to keep track of how you pay for your dates. You can use your own money, of course, but if you are found to be spending marital assets on your new partner, your spending could be considered dissipation. Dissipated funds will need to be paid back to the marital estate before it is divided.
Common Defenses to Drug Charges in Rolling Meadows
Being charged with a drug crime, whether it is a simple possession charge or the more serious charge of drug trafficking, can have serious consequences. If convicted, a person may face high fines, jail time, loss of child custody, and loss of immigration rights. After a conviction, individuals also have a permanent criminal record that will follow them for the rest of their life.
While the situation may seem hopeless, it is not. There are several common defenses to drug charges, and a qualified attorney will use them to help anyone accused of committing a drug crime.
Entrapment
Due to numerous television shows and movies that have focused on entrapment, people are often unsure whether or not this can actually be used as a defense. In Illinois, it can. Entrapment occurs whenever a law enforcement officer, or other authority, incites or induces a person to commit a crime. However, if it can be proven that the person was going to commit the crime without any interference from the officer, this defense cannot be used.
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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