Recent Blog Posts
What Is an Estate Tax in Illinois?
Planning what should happen with your estate after your death can be a difficult decision. This is not just because of the nature of the task, but because there can be a lot of different choices to be made. A key factor when making any decisions should be the Illinois estate tax. We will explain this below and discuss why it is important to take it into consideration when planning your estate. An experienced estate planning attorney can assist you through the process and ensure that your loved ones are properly cared for in the future.
Illinois Estate Tax Law
The Illinois estate tax is a graduated tax rate that goes up to 16 percent and is only applied on estates that are worth more than $4 million. If your estate is worth less than $4 million, the tax rate will not be applied and you do not need to consider it.
What Are the Consequences for Embezzlement in Illinois?
In Illinois, white-collar crimes can be accompanied by strong punishment. As such, it is important to understand what constitutes embezzlement and what kinds of charges such an act can result in. There are many different levels of embezzlement as defined by Illinois law, and there are different charges for each. Regardless of the circumstances of any criminal charge you may face, defend your rights to the fullest extent with the help of a trusted white-collar crime attorney.
Illinois Embezzlement Laws
Embezzlement is defined as theft when there is a fiduciary relationship between the involved parties when the embezzler acquires property as a result of his or her relationship and transfers that property to another party for his or her own gain, and when these actions are intentional and not due to a misunderstanding. Someone can be charged with embezzlement for the theft of tangible or intangible property. Tangible property can be anything from jewelry to cars, and intangible property can be money, stocks, billing schemes, and other financial assets.
When and Why Should I Pursue a Post-Divorce Modification in Illinois?
The initial process of filing for a divorce and negotiating or litigating the corresponding terms is typically just the first stage of separation. Over time, both individuals’ and their children’s circumstances may change, which could justify a change in the agreement in order to be fair to both parties. There are many reasons why you or your ex-spouse might want to pursue a post-divorce modification. Regardless of the changes in mind, you should seek the assistance of a highly qualified divorce attorney. With his or her legal guidance, you will be able to better negotiate with your ex-spouse to achieve a favorable outcome.
Post-Divorce Modifications
Many circumstances can lead people to seek post-divorce modifications, but the following are a few of the most common. If the party who is paying spousal support loses his or her job, a modification may be necessary to reflect this change in income. Similarly, if a person is receiving rehabilitative spousal maintenance, a modification may be necessary to reflect the change in income once he or she finds a job and is able to properly support himself or herself.
Why Is a Voluntary Acknowledgment of Paternity Important in Illinois?
In Illinois, when a child is born to a married couple, the husband is presumed to be the father of the child by law. However, paternity can and should be established even if a couple is unwed. The father’s name cannot be added to the child's birth certificate until paternity is confirmed. If the identity of the biological father is not in question, both parents can sign a Voluntary Acknowledgement of Paternity (VAP). This will ensure that both parents can share in child custody and parenting time. It can also ensure that a child will receive financial support from both parents. Whether you need to establish paternity through a VAP or other methods, or if you have other concerns regarding child custody or child support, you should work with a skilled family law attorney to protect your parental rights and ensure that your child can maintain a relationship with both parents.
Can I Move Out of State With My Child After My Illinois Divorce?
Any aspect of divorce -- especially determining child custody and parenting time -- can be difficult to discuss and navigate. If you are trying to move out of Illinois with your child after a divorce, you might have difficulty justifying the move, but with skilled legal support, it is possible. Below is a guide for obtaining permission to move with your child, but it is also important to work with professional legal counsel. An experienced divorce attorney can help you convey the best argument to a judge if your ex-spouse contests your request to move.
Seeking Permission to Move
In Illinois, a parent who has the majority of the parenting time with their child or who shares equal parenting time cannot proceed with a move that would be considered parental relocation without receiving permission from the applicable family court. It is important to note that a move out of Illinois in which the new address is 25 miles or less from the child's current address is not considered parental relocation. Any out-of-state moves that exceed 25 miles from the original address will be subject to Illinois' parental relocation laws.
How Can Changes to Illinois Retail Theft Laws Affect Your Criminal Case?
Under Illinois law, retail theft of items worth $300 or greater in value could put an offender in prison for two to five years with $25,000 in fines. This is the same punishment that someone would receive for aggravated battery, and a new bill is progressing that could raise the ceiling on the amount stolen for these serious charges. Most states in the country have eased their shoplifting and retail theft laws in an attempt to put fewer non-violent offenders in prison, but Illinois remains one of the six most punishing states in the country for crimes of this nature. If you are facing any type of theft charges, it is crucial to work with an accomplished criminal defense lawyer to make sure your rights are protected.
Cook County Laws and New Statewide Bills
Since 2016, the Cook County State’s Attorney, Kim Foxx, has deemed any retail thefts under $1,000 in value to be a misdemeanor, not a felony charge. This is much more lenient than Illinois state law, and it is important to note that the consequences of your case could dramatically change if you were accused of retail theft in Chicago and other parts of Cook County.
How Can Drowsy Driving Lead to Criminal Charges in Illinois?
All drivers should be alert and focused when operating their vehicles. Cars, trucks, and motorcycles are heavy and can cause a lot of damage if they collide or strike pedestrians on the road. To avoid collisions, motorists should not only stay away from alcohol before driving but also make sure they are not drowsy or at risk of falling asleep behind the wheel. Drowsy driving can be just as dangerous as driving while intoxicated. Much like alcohol, sleep deprivation hinders people from performing simple actions. If motorists feel too tired to drive, they should allow one of their passengers to take the wheel. If they are driving alone, they can pull off on the side of the road and sleep for a bit before continuing their travels. Otherwise, fatigued drivers run the risk of causing car accidents with serious injuries, which can also lead to criminal charges in Illinois.
Is Lane Splitting Considered a Traffic Violation in Illinois?
Motorcyclists define “lane splitting” as passing other vehicles -- whether moving or stationary -- on the left and the right simultaneously. This action puts the motorcycle between two lanes, hence the term. This can be dangerous to the motorcyclist as well as other drivers. Currently, California is the only state that allows motorcyclists to lane split. In Illinois, the action is classified as a traffic violation, and it could lead to misdemeanor or even felony charges if the action causes a serious collision.
Why Is Lane Splitting Illegal in Illinois?
Motorcycles are often more difficult to see on the road because they are smaller vehicles. If motorcyclists are lane splitting, they run the risk of causing an accident with injuries, because the drivers around them may not notice them and could possibly:
What Actions Constitute an Order of Protection Violation in Illinois?
The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges.
What Are the Consequences of Distracted Driving in Illinois?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 2,800 lives in 2018. Due to the danger it poses, states across the country are cracking down on motorists who engage in this type of behavior. Earlier this year, Illinois revised its law on distracted driving and, specifically, the use of cell phones while behind the wheel. Previously, the act of texting and driving was punished as a moving violation only for repeat offenders. The revised law now punishes first-time offenders with a moving violation in addition to fines and possible prison time depending on the circumstances.
Why Was the Change Made?
Distracted driving is one of the leading causes of accidents on the road, along with drunk driving and drowsy driving. The change to the law was made to help reduce the number of car crashes. Unfortunately, it does not seem to be helping, since studies show that so far in 2020, 15.6 percent of young motorists (18-24) admit to driving while on the phone. Additionally, 20 percent of these drivers admit to not being aware of the specific Illinois criminal law that makes texting and driving illegal.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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