Recent Blog Posts
How Can I Defend Against Drug Possession Charges in Illinois?
Attitudes about drugs have changed dramatically in the last several decades. Illinois’ recent decision to legalize the recreational use of marijuana is one of the best examples of this. However, the possession, consumption, transportation, or manufacture of certain substances is still strictly illegal. If you or a loved one has been arrested and charged with drug possession, the penalties can be severe. That is why it is imperative that you contact an experienced criminal defense attorney who can help you build a robust defense against these serious charges.
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution gives us the right to be free from unreasonable searches and seizures. It also establishes the need for search warrants. One of the ways that this important right is applied is through the “exclusionary rule.” This rule prevents any evidence obtained in violation of a criminal defendant’s rights from being used against him or her during a criminal proceeding. If the illicit substances allegedly found in your possession were discovered during an unlawful search, this evidence may be inadmissible.
What Are Illinois’ Annulment and Prohibited Marriage Laws?
Illinois Family Law extends beyond divorce to encompass both annulment and prohibited marriage. Depending on the circumstances of your marriage, these laws may apply to you instead of general Illinois divorce laws. Even if you know what laws apply to you, family law is a complicated subject, so you should ease the stress of separation by finding highly qualified legal representation from a family law attorney in your area.
750 ILCS - Marriage Invalidation
In Illinois, family law does not include the term ‘annulment’ any longer. Instead, you will see and hear that marriages are ‘invalidated.’ If you or your spouse wishes to annul your marriage, one of you must submit a declaration of invalidity. To successfully invalidate your marriage, you must prove that:
How Does the State of Illinois Regulate Firearms Dealers?
Although firearms dealers must abide by federal regulations, Illinois recently implemented legislation that requires dealers to attain licensing through the State of Illinois. If you own weapons, you should stay up-to-date on any changes in gun laws so that you avoid any charges for unlawful possession or use of a gun in the future. If you do face weapons charges, whatever the circumstances, speak with an experienced criminal defense attorney as soon as soon as possible to make sure your rights are protected.
2019 Illinois Firearms Dealers Licensing Legislation
Only a few days into J.B. Pritzker’s tenure as governor, he and his administration passed legislation that would require weapons dealers and retailers to attain additional licensing and certification from the State of Illinois. Governor Pritzker expressed a wish that this legislation would be the first in an ongoing campaign to establish stricter gun control in Illinois.
How to Schedule a Secretary of State Hearing for License Reinstatement
If your Illinois driver’s license was suspended or revoked, you will have to attend some form of Secretary of State hearing to have it reinstated. How you prepare for that hearing and whether it will be formal or informal depends on the reason you lost your license, all of which we will explain below. If you are worried about the reinstatement process, do not panic: With the help of an attorney skilled in Secretary of State representation, you can move through the hearing process smoothly.
Formal and Informal Driver’s License Reinstatement Hearings
To reinstate your license, you will need to schedule a Secretary of State hearing. There are two types of reinstatement hearings: formal and informal. You will need a formal hearing if your license was suspended or revoked because of a traffic offense involving a fatality or multiple DUIs on your record. If your revocation did not involve a fatality, if you do not have sanctions related to lesser moving violations on your record, and if you do not have any DUIs, you can schedule an informal hearing.
How Can I Defend Against False Allegations of Domestic Violence?
Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case.
Why Would Someone Make False Allegations of Domestic Violence?
First, it is vital to understand who can make domestic violence claims in Illinois. This includes “family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants.” Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.
How Will a Retirement Account Be Divided in an Illinois Divorce?
Although you can make many settlements in a divorce decree such as child support, alimony, and custody, a settlement on the division of assets that includes retirement accounts does not guarantee that the spouse without a retirement account of his or her own will get the payments that he or she is owed. If your spouse was the primary breadwinner and you are trying to ensure that you receive payments from his or her retirement account, you will need a Qualified Domestic Relations Order (QDRO, pronounced “quad row”) to make their employer pay you what you are owed.
Understanding a QDRO
Even if your divorce agreement provides you with a particular portion of your spouse's retirement funds, you may experience some setbacks without a QDRO. For instance, withdrawing funds from a spouse’s retirement account without the protection of a QDRO could result in penalties. You should plan to draft a QDRO in most cases, but if your spouse’s retirement account is not IRS tax-qualified and covered by the Employee Retirement Income Security Act, a QDRO is not applicable. Military and government pensions are not IRS tax-qualified, so a QDRO will serve you no purpose in that case.
What Is a Title Contingency in Illinois Real Estate?
Buying a house is a significant decision. As such, there are numerous tools that you and your attorney can use to protect yourself if something goes wrong during the buying process. To take the necessary precautions, you would include contingencies in your Agreement of Sale. A contingency is a condition that must be met before you can complete a purchase. There are many different types of contingencies that you and your attorney may choose to include in your agreement, one of which is a title contingency.
What Is a Title?
A “title” in real estate refers to a property’s record of ownership. Not only does it contain details regarding past owners, but it will also include liens or judgments made against that property. In most cases, before you buy a new home, your attorney will examine the property’s title to make sure it can be properly transferred to you.
What Are Common Defenses for Robbery Charges in Illinois?
Theft crimes are taken seriously in Illinois, with penalties that can include hefty fines and jail time. Typically, robberies are charged as felonies in Illinois. However, when preparing a defense, attorneys and robbery defendants have a few standard tools at their disposal. Most of these strategies amount to convincing the jury that the prosecution’s evidence does not prove a defendant’s guilt beyond a reasonable doubt. With a well-structured defense and a capable, experienced criminal defense attorney, you have a strong chance of avoiding or limiting robbery charges.
Defenses for Robbery Charges
Before you defend against robbery charges in court, you and your attorney are likely to choose between two routes: Either claiming innocence and arguing that the prosecution’s evidence does not prove guilt, or admitting guilt but arguing that the details of the crime remove accountability.
How Will a Guardian Ad Litem Affect My Divorce in Illinois?
Illinois has comprehensive child representation laws to protect a child’s best interests when their parents are divorcing or separating. In some cases, spouses may contest child support, child custody, parenting time, education, parentage, and their child’s general welfare. Before making a decision, the court may appoint a professional to serve the child either as an attorney, a child representative, or a guardian ad litem (GAL). If he or she functions in the capacity of an attorney, he or she will provide the same independent legal counsel and representation for the child that would be given to an adult client. A child representative tries to ascertain the best interests of the minor and offer evidence-based legal arguments to the court, but it is important to understand that he or she cannot render opinions during the divorce proceedings.
What Are the Consequences of Credit Card Fraud in Illinois?
Over the last two decades, credit and debit cards have moved from being the exception to the norm. For that reason, credit card fraud laws carry stringent punishments. As an Illinois resident, it is important to understand the consequences of credit card fraud to avoid complex legal disputes. However, if you ever face charges for credit card fraud or other white-collar crimes, you must assemble a solid defense with an accomplished white-collar crime lawyer to defend these criminal charges and your rights in court.
Illinois Credit Card Fraud Laws
Illinois has laws that punish the wrongful possession, sale, or use of a credit card. This law does not only pertain to stolen credit cards. You cannot use a false statement to apply for new credit or debit cards, use a credit card as security for a debt, use counterfeit or expired credit cards, or use credit cards with a willful intent to defraud. In all of these cases, the severity of the punishment is based on the cash value of whatever property was gained, even if there was only an attempt.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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