Posted on June 04, 2015 in Divorce

When a couple decides to end their marriage, there are a number of difficult decisions they must ultimately make. Some of them involve the care and well-being of their children, while some are more financial in nature, such as dividing joint savings accounts. Others, however, seem to straddle the line between financial and familial considerations, and a common point of contention between spouses is determining if one spouse will stay in the marital home and which spouse that will be.

Is Keeping the Home Possible?

The first decision that must be made regarding the home is whether or not it is even possible for one spouse to keep it. A detailed review of the couple’s marital property often shows that their home is, by far, their most valuable asset. In an Illinois divorce, allocation of any asset to either spouse must be done under the state’s equitable distribution guidelines. This means that all marital property is to be divided fairly, not necessarily equally, based upon consideration of factors present in the marriage and divorce.

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 Posted on June 03, 2015 in Your Rights

Drones have now become a reality of law enforcement, and are a technology that any criminal defense attorney will have to become familiar with. Whether they are using them for surveillance, investigation, or other purposes, law enforcement will be utilizing these tools in the near future. In fact, one police agency here in Illinois has already announced its intent to do so.

Illinois State Police Plan to Use Drones

It was reported that the Federal Aviation Administration (FAA) has given the Illinois State Police permission to use drones. The state police currently plan to use the drones to photograph crash and crime scenes. On an interesting note, they are not calling the drones “drones.” Instead, they are referring to them as “unmanned aircraft.” They claim that they are not currently implementing their program for surveillance purposes.

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 Posted on June 01, 2015 in Criminal Defense

Finding a wallet or purse forces you to make some choices. Ideally you would seek out the owner or turn it in at a lost and found or police station. But sometimes the temptation is too great and people keep these items. This can result in criminal charges and, depending on what a person does with the credit cards in a wallet, can result in felony charges. Misuse of your own credit cards can also result in similar trouble.

Possession of a Lost Credit or Debit Card

Under certain circumstances possession of a lost credit or debit card can actually be a crime. It is not a crime to find such a credit card and hold on to it while you try to get in touch with the owner. However, if you receive a credit card and you know it is lost and you hold onto it in order to use it or sell it or give it to someone other than the legal cardholder, then you may be guilty of a crime. This crime is normally a Class 4 felony, but if in one transaction it is committed with three or more credit or debit cards, it is a Class 3 felony.

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 Posted on May 28, 2015 in Criminal Defense

Thanks to modern technology, obtaining a false identification card, or fake ID, has become easier than ever. Any individual with internet access and a few dollars to spend can a run a quick Google search and find a number of options for obtaining a realistic looking ID. For some, a fake ID may be a means to commit more serious acts of fraud such as identity theft or other related activities. The vast majority of fake IDs, however, are used by underage individuals to get into bars or clubs and to illegally purchase alcohol.

Illinois Identification Card Act

State law in Illinois defines a fraudulent identification card as any card that "purports to be an official identification card for which a computerized number and file have not been created by" any governmental or quasi-governmental organization. Similarities in color, design, size, wordmarks, or photograph location to an official card issued in Illinois or any other state or country may be deemed a fake ID. A person found to be in possession of such a card can potentially be charged with a Class 4 felony in addition to the suspension of driving privileges and other administrative penalties.

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 Posted on May 27, 2015 in Criminal Defense

Sometimes the job of a criminal defense attorney is to convince a prosecutor, judge, or jury that the defendant did not do what he or she is accused of doing. In other cases, however, the defendant may have committed a crime, but he or she had a good, legally recognized reason for doing it. Three of these possible criminal defenses are compulsion, entrapment, and necessity.

Compulsion

Compulsion is a legally recognized defense in Illinois. In Illinois a person is not guilty of a crime if he or she believes that death or great bodily harm will be inflicted upon him or her, his or her spouse, or his or her child if the person does not do the acts that would otherwise be criminal. The person must be committing the acts that would otherwise be criminal under the threat or menace of imminent infliction of death or great bodily harm in order for this defense to apply. Historically some courts held that wives were entitled to a presumption of compulsion if their husbands were present when they committed what would seem to be criminal acts, but that is no longer the law in Illinois.

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 Posted on May 26, 2015 in Divorce

Like many things in life, marriage and divorce are not necessarily defined in “black and white” terms. While there is obviously a level of certainty to getting married and the finalization of a divorce decree, most couples probably find that their relationship exists somewhere in the so-called “gray area.” This may be particularly true for a couple experiencing a degree of trouble in their marriage but are not ready or able to simply put an end to the relationship. For such couples, legal separation may be an option that helps them through a challenging period.

Trial Separation and Legal Separation

Although impossible to truly count, many couples will experience, at some point, a level of doubt about the future of their marriage, and often consider a trial separation. Creating physical space between spouses in a troubled relationship can sometimes improve perspectives for the partners while living separately. While such a decision is common, it must not be made lightly, as experts indicate that trial separations have a mixed track-record when it comes to saving the marriage.

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 Posted on May 25, 2015 in Criminal Defense

Drug possession is one of the most prosecuted crimes in the American criminal justice system. Far too many people spend serious time in our jails and prisons for simply possessing a personal use quantity of a controlled substance. In fact, many of the people who are prosecuted possessed only marijuana. Fortunately, some states are taking steps to lessen or eliminate the penalties for marijuana possession. While Illinois has not yet taken steps to legalize marijuana possession, it is taking steps to decriminalize the substance.

Senate Committee Passed Important Marijuana Bill

The State Journal-Register reports that a state senate committee has passed a bill that would treat marijuana possession like a speeding ticket. The bill is called House Bill 218. If the current version of this bill were to become law it would make possession of 15 grams or less of marijuana punishable by a fine of up to $125. People who received one of these tickets would be eligible to have their records expunged after six months. To put this into perspective, 15 grams is roughly a half-ounce of marijuana, or enough to make between 20 and 30 joints. This bill already passed in the House by a vote of 62-53. The next step is for the full Senate to vote on the bill. If it passes there, it would go to the governor. Governor Bruce Rauner has not made any public statements about his position on the law, but he has made public statements supporting the idea of reducing our state’s incarcerated population. Supporting this bill would certainly accomplish that goal.

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 Posted on May 21, 2015 in Criminal Defense

Most Americans are old enough to remember a time when the fastest way to reach someone was to call them on the telephone at their home or work. If that person was out or on another call, the caller would likely need to try again later. Obviously, the innovation of cellular technology has changed the social mindset on communication completely. Today, virtually anyone can be reached in a matter of seconds, either by phone or text message. However, such convenience has brought with it a new level of danger, especially for those who use mobile technology behind the wheel, leading many states, including Illinois, to place limits on cell phone use while driving.

Cell Phone Restrictions

In 2014, restrictions on the use of cell phones went into effect for Illinois drivers, at the time making Illinois the 12^th state to prohibit the use of hand-held phones. According to the law, the hand-held use of a cell phone for voice conversations is prohibited for all drivers throughout the state, with possible exceptions for emergencies. The proper use of GPS devices and other uses of cell phones, including as a music player, are permitted.

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 Posted on May 20, 2015 in Criminal Defense

When it comes to gun crimes, Illinois has some of the strictest and harshest laws in the country. While these strict laws apply to firearms, there are special laws that apply to air guns in our state. There are strict rules as to who may possess them and where they may be used. Ignoring these regulations can result in being charged with a petty offense.

What is an Air Rifle?

For legal purposes, Illinois statute defines what an air rifle is. This definition includes any air gun, air pistol, spring gun, spring pistol, BB gun, paintball gun, pellet gun, or non-firearm that shoots paintballs or pellets with a force that reasonably is expected to cause bodily harm.

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 Posted on May 19, 2015 in Child Custody

The education of your child is likely among your most important priorities. You want your child to learn and obtain the skills necessary for success in today’s world. Like most high-priority issues, however, a child’s education is not without its share of complications. This is especially true if you are not married to your child’s other parent and, together, you are subject to a child custody order. You may wonder, like many parents, what role your child’s school is expected to play in enforcing your custody order.

Custody Basics

In Illinois, child custody may be granted in two basic ways, based on the consideration of the entire situation and the child’s best interest. In some cases, a court may determine that the child would be best suited by the granting of sole legal custody to one parent, while the other parent retains visitation rights. In other cases, joint legal custody may be more appropriate, requiring the parents to each take responsibility in decision-making for the child. Typically, both types of custody arrangements will establish some sort of schedule for the child to spend time with each parent.

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