Posted on January 25, 2019 in Field Sobriety Tests

Like every other state, in Illinois, it is illegal to drive with a blood alcohol content higher than 0.08 percent. Those found guilty of doing so will be charged with driving under the influence, or DUI. There are a few steps law enforcement take before making an arrest, though. One of those is to administer field sobriety tests. Many individuals, whether they have been charged with a DUI, or they think they are about to be, wonder if these tests are mandatory. So, can you refuse field sobriety tests in Rolling Meadows?

What Are Field Sobriety Tests?

Field sobriety tests are one tool used by law enforcement when they suspect someone is driving under the influence. While there are many field sobriety tests a police officer may ask the driver to undergo, there are generally three main ones.

The Horizontal Nystagmus Test (HGN) will involve the officer holding up an object. They will then ask the driver to follow that object with their eyes as the officer moves it from left to right. The officer will then look for when the pupil begins to exhibit ‘nystagmus’, or an involuntary jerking of the eye.

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 Posted on January 22, 2019 in Divorce

Divorces in Illinois can be either contested or uncontested. At the crux of any divorce are the issues of property and debt division, child custody or the allocation of parental responsibilities, and support/maintenance payments. When divorcing couples are able to come to an agreement about these issues, either on their own or through mediation, they can begin an uncontested divorce. Although every divorce involves at least some degree of disagreement, these disagreements do not always require court intervention. On the other hand, spouses who cannot come to an agreement on their own must undergo a contested divorce.

What Is a Contested Divorce?

Contested divorces are those in which spouses cannot reach a decision as to the terms of the divorce and must therefore go to trial. Contested divorces can be more expensive and time-consuming than uncontested divorces, so most experts suggest avoiding this route. However, in some cases, such as when one or both spouses are unwilling or unable to cooperate, a contested divorce is necessary.

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 Posted on January 22, 2019 in Disorderly conduct

Disorderly conduct can seem like a minor crime, and the circumstances leading up to it can seem quite innocent as well. If convicted though, an individual can face harsh penalties, including jail time. It is for this reason that anyone charged with disorderly conduct needs to speak to a criminal defense lawyer in Rolling Meadows as soon as possible. There are defenses available, and an attorney will use them to give defendants the best chance of having the charges dropped or reduced.

Disorderly Conduct in Illinois

The Illinois Statute pertaining to disorderly conduct is found at 720 ILCS 5/26-1. It outlines a number of behaviors that are considered disorderly conduct. These include:

• Breaching the peace;
• False fire alarms;
• Reporting a false bomb threat;

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 Posted on January 18, 2019 in Domestic Violence

People that live in the same house and are in close relationships sometimes fight and argue. Most often these arguments are vocal, with those involved saying things they did not mean before quickly forgiving each other. Sometimes though, these arguments turn into much more. When that happens, and an argument turns violent, it could result in a domestic battery charge.

It is natural for those charged with domestic battery to be confused about the charges. What exactly does a domestic battery charge involve? What penalties could a person be facing? Here domestic battery in Rolling Meadows is broken down, so anyone charged can understand what they are facing, and get the legal help they need.

The Legal Definition of Domestic Battery

Under Illinois statute 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a person in the same household. Making physical contact with another person in the household can also be considered domestic battery if that contact can be considered provoking or insulting in nature.

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 Posted on January 15, 2019 in Probation

According to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

• 15 grams or more of LSD, morphine, heroin, or cocaine;
• 30 grams of more of pentazocine, ketamine, or methaqualone; or
• 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

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 Posted on January 11, 2019 in Criminal Defense

Being a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?

Illinois Statute 720 ILCS 5/21-3

The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.

This sounds like it would cover a situation in which a tenant will not leave after being evicted, or asked to leave, by their landlord. However, it does not. The statute has some exceptions.

One of these is when the person being asked to leave is living on the land. Furthermore, anyone invited onto the land by the tenant that will not leave is also not considered to be criminally trespassing, even if the owner has asked them to vacate the premises. For these reasons, a person is most often charged with criminal trespassing when they have unlawfully entered, or refused to leave, a business or public area, not when they are in their home.

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 Posted on January 08, 2019 in Speeding

For most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.

What Is Aggravated Speeding?

According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.

Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.

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 Posted on January 07, 2019 in Divorce

If you and your spouse are considering ending your marriage, you may have questions about legal separation. Although divorce is the most common way a married couple splits, it is not the only option Illinois couples have. A legal separation is a special court order that dictates the rights and responsibilities of a couple. A legal separation does not technically end a marriage, but it functions very similarly to a divorce. Although legal separations are less common than divorce, they can be a beneficial legal tool for spouses who have personal or financial issues upsetting the marriage. There are advantages and disadvantages to both divorce and legal separation. A qualified Illinois family law attorney can help you further understand which option is best for your unique family and financial situation.

Differences Between Divorce and Legal Separation

The most important difference between legal separation and divorce is that a legally separated couple remains legally married whereas a divorced couple is no longer legally married. Some couples choose a legal separation instead of a divorce specifically because this option allows them to stay legally married. Remaining legally married is important to some for cultural or religious reasons. A separation also preserves most healthcare and social security benefits that are generally terminated through a divorce. Divorce ends spouses’ rights to property benefits upon the death of the other, but couples with a legal separation still have property rights.

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 Posted on December 31, 2018 in Child Custody

Among all of the decisions made during a divorce, issues pertaining to children are some of the most important elements that must be settled. These issues can include parenting time, decision-making responsibilities, and other child-centered concerns. All of these things will be covered in a parenting plan, which Illinois requires as a part of your divorce settlement if you have children. Parenting plans are written agreements that outline all legal issues, from which parent has a child and when to how decision-making responsibilities will be shared or divided. Parenting plans can be difficult to negotiate, but they can save a lot of headache in the future.

Elements of a Parenting Plan

Before you go before a judge to determine a parenting plan, Illinois courts allow you and your spouse to come up with your own agreement. If you cannot come up with your own parenting plan, you will be ordered to attend mediation to help you formulate a plan. If you still cannot come to an agreement, you will have to attend a court hearing so a judge can make decisions pertaining to your parenting plan.

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 Posted on December 28, 2018 in Child Abuse

The death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.

Aggravated Battery of a Child Is a Felony

Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:

• Knowingly causing serious bodily injury, disfigurement, or disability; or

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