Recent Blog Posts
DUI Dismissed When Police Fail to Provide Camera Footage
Although you may not know it, whenever you are driving in an and around the Chicago area, you are probably never too far from a POD, or police observational device. These PODs are video cameras that have been installed around the city to help provide an additional level of public safety, as well as to contribute to law enforcement efforts. Of course, police-related video cameras have become a hot-button issue of late, in the wake of several violent incidents, but PODs can also assist with other, more commonplace investigations, including those for traffic violations and driving under the influence (DUI).
Discovery Violations
In June of 2012, a man was arrested on charges of driving under influence of alcohol. As he prepared for his defense, he subpoenaed all available audio and video recordings related to his arrest and processing. In the immediate area the arrest, there were at least four POD cameras, and the defendant specifically identified their locations in his request. The Chicago Police Department responded that no dashcam footage of the arrest was found. Repeated requests were met with the response that the footage from POD cameras had been overwritten and were no longer available.
Cohabitation Can Cost You Your Spousal Maintenance
The decision to award spousal maintenance following a divorce is one that must be considered very carefully by the court. Sometimes called alimony or spousal support, maintenance is used to lessen the financial impact of the dissolution, and to provide a measure of security for the future. The law in Illinois—and therefore the courts—presume that, if you are awarded maintenance, it should only continue as long as the need for it still exists.
Terminating Factors
When you are receiving spousal support, you probably have some idea of how long the order is scheduled to remain in effect. It may be intended to last a number of years, or indefinitely if you were married for a long time. However, what you may not realize is that the applicable law in Illinois includes provisions that allow maintenance to be terminated early. According to the Illinois Marriage and Dissolution of Marriage Act, an order for maintenance may be terminated upon the death of either party, which, of course, is reasonable enough. It also specifies that your support may be ended if you get remarried. Finally, it permits the termination of your maintenance if you cohabit “with another person on a resident, continuing conjugal basis.”
Shootings Continue to Plague Region, Including Near Mayor's Home
Despite being home to some of the strictest gun control laws in the country, the state of Illinois and, particularly, the city of Chicago continue to deal with exorbitant numbers of shootings and violent crimes on a daily basis. In the first eleven days of 2016, the Chicago Tribune has reported that 19 people have died and more than 100 others have been injured as the result of gun violence in the Chicagoland area. It seems that few neighborhoods are immune from the danger, as one of the fatal shootings occurred just a few blocks from the home of Chicago mayor, Rahm Emanuel.
Connections to Gang Activity
According to statistics maintained by the Tribune, this year's staggering numbers are about triple what they were just one year ago. During 2015's first week and half, nine people were fatally shot, with another 31 injured. Chicago Police are attributing the rise in violence to “chronic gang conflicts” and a glaring lack of cooperation on the part of gang members in criminal investigations. A spokesman for the Chicago Police Department issued a statement, indicating that many of the shootings have stemmed from “petty disputes between rival factions,” which have been “driven in part by social media commentary.”
New Approach to Divorce and Child Custody Now in Effect
Over the last few months, the state of Illinois has been preparing for recently passed family law provisions to take effect. With the law becoming effective on January 1, 2016, the wait is officially over. Going forward, the amendments to the Illinois Marriage and Dissolution of Marriage Act will drastically change the state's approach to issues such as divorce, child custody, and a number of others, looking to meet the needs of today's changing family environment.
Divorce
Starting in 2016, every divorce in Illinois will be granted on the no-fault grounds of irreconcilable differences, regardless of what type of behavior by one spouse or the other may have led to the marriage's breakdown. Formerly available fault grounds like adultery, physical or mental cruelty, or abandonment are no longer considered official reasons for divorce.
Justices Upset Supreme Court Will Not Hear Highland Park Weapons Appeal
Keeping with what many believe to be an intentional trend to avoid Second Amendment cases, the Supreme Court of the United States has declined to hear a case challenging a local weapons-related ordinance in Highland Park, Illinois. The ban, upheld by the Seventh Circuit Court of Appeals in April, prohibits the possession and sale of many semi-automatic firearms and high-capacity magazines within the municipality's limits.
The high court's refusal to take up the case was confirmed this week by a vote of 7-2. As is customary, there was no reason given for the decision to reject the appeal, but the two dissenting Justices were very vocal in their disagreement.
“Flouting” Precedent
Justice Clarence Thomas wrote a six-page dissenting opinion, expressing strong displeasure at the course chosen by the majority. He was joined by Justice Antonin Scalia in stating that, if he had his way, the court would have heard the case and struck down the ban as unconstitutional. In his dissent, Justice Thomas accused the lower court of “flouting two of our Second Amendment precedents,” referring to previous rulings based on the idea that the banned weapons are used for lawful purposes by a vast majority of owners. “Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.” Furthermore, Justice Thomas sees the lower court's ruling as “relegating the Second Amendment to a second-class right.”
Understanding the Allocation of Parental Responsibilities
Beginning in less than a month, the approach to assigning parenting responsibilities to divorced, separated, or unmarried parents will be dramatically changed in the state of Illinois. Thanks to a new law signed this past summer, the long-standing concepts of sole and joint legal custody are being replaced by a more cooperative system that, hopefully, will keep parents more focused on the needs of their child, and less on “winning” or “losing” a custody dispute.
The Power of Language
One of the most striking changes that will take effect on January 1, 2016, is the virtual elimination of the word “custody” from the law. While it may seem relatively minor, the amendment represents much more than just semantics. It actually signals a shift in the law's focus from custody, which tends to be associated with something that can won by, lost by, given to, or taken away from a parent, to the idea of parental responsibility, which is more about what the child needs and less about the parents themselves.
Standardized Field Sobriety Tests During a DUI Stop
Consider, if you will, being pulled over on suspicion of driving under the influence, or DUI. The officer asks if you have been drinking, and whatever answer you give, you are asked to step out of the car and submit chemical and sobriety testing. Based on your own memory, what are some the tests likely to be used? Will you need to recite the alphabet in reverse order? Will you be asked for the third digit of your zip code? While it may be entertaining to think of various methods that could be employed to trip up an intoxicated driver, law enforcement officers generally rely on a series of assessments approved by the National Highway Traffic Safety Administration (NHTSA) known as the Standardized Field Sobriety Test, or SFST.
What is Included in the SFST?
The SFST is a battery of three separate designed to help on-the-scene law enforcement estimate a driver's level of intoxication. These tests can be used to complement a chemical testing procedure, such as a breathalyzer, or to provide justification for a DUI arrest in the event the chemical testing is inconclusive or otherwise not available.
Parental Relocation Guidelines to Change in 2016
When you are subject to a child custody order, it can be difficult to make significant changes to your life without affecting your relationship with your child. This is especially true in when it comes to deciding where you want to live and pursuing out of town opportunities. The decisions of your child's other parent can also have a dramatic impact on your parent-child relationship as well, particularly if he or she attempts to move out of state with your son or daughter. Beginning in 2016, however, the law in Illinois regarding parental relocation is becoming a bit more restrictive, requiring more moves to be approved in advance by a family court.
Current Regulations
Under the existing law, a primary custodial parent looking to move with his or child is free to move anywhere in the state. While such a move may have indirect effect on a visitation arrangement, there is nothing stopping a parent from making it. This means that a parent could move with a child from northern Chicago to East St. Louis—a 300-plus mile move—and there would be little the non-custodial parent could do about it.
Misdemeanor Theft in Illinois
Under Illinois law, there are numerous ways to be charged with theft crimes. Some people mistakenly believe that just because something is a misdemeanor it is not a big deal. But, even a misdemeanor conviction for theft can affect your ability to get a job, obtain a professional license, and can land you in jail for up to a year.
What Makes Something Theft?
Illinois defines the crime of theft as taking property that belongs to someone else, without his or her permission, with the intention of using, concealing, abandoning, or depriving the true owner possession of the property.
You can also be convicted of a theft crime by stealing services. This entails knowingly getting services that are for hire, and, by deception, threats, or just knowingly failing to pay for the services, gain the benefit of the services without compensation. This could include eating at a restaurant and then skipping out on the bill.
Calculating Child Support Obligations in Illinois
If you have a child and do not live with the child's other parent, you probably realize that you may be subject to a court requirement regarding child support. By law, both parents can be ordered to provide financial child support, but that is rarely the case. It is much more common that the non-custodial parent, or the parent who does not have primary residential custody of the child, is ordered to pay. It is important to understand how the court calculates such requirements so that you can be better prepared to meet your obligations.
Percentage of Obligor of Net Income
The current laws regarding child support in the state are contained in the Illinois Marriage and Dissolution of Marriage Act, though they apply to parents who were never married as well. While many believe the existing provisions are a bit outdated in light of changing social and financial realities, proposed changes have yet to gain serious traction. Under the law, the amount that the paying party is expected to pay is to be based on his or her net income and the number of children requiring support. More specifically, a non-custodial parent can expect to be ordered to pay:
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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