Bankruptcy is a complex legal process that is ripe for fraud. However, the fraud is usually committed by those who are attempting to use bankruptcy protections illegally. It is hardly ever committed by attorneys or their associates who oversee the bankruptcy process. Some attorneys act as bankruptcy trustees and oversee the estates of those who have declared bankruptcy. Once you declare bankruptcy, any asset that cannot be protected is placed into a trust to repay your creditors. In those cases,...

Getting pulled over on suspicion of DUI is a terrifying experience, and it is hard to know exactly what to do in that moment. If you are charged with a DUI, it can have serious penalties in Illinois, including jail time, steep fines, and the creation of a criminal record. For this reason, it is important to do everything that you can to avoid a conviction for DUI. So, can refusing a breathalyzer test help you avoid a conviction? It...

Divorce rarely brings out the best in people. It can be devastating to have to dissolve not only a marriage, but also an entire life that you spent years building. Emotions are often high, and, while you may feel that you can trust your partner, you may be surprised at the lengths that some people will go to in an attempt to try and hide or remove assets before and during a divorce to avoid having them split or equitably...

When you think about the Department of Children and Family Services, you may think primarily about small children who are in danger. However, parents have a legal responsibility to supervise minor children until they are 18 years old. This means that parents can face serious consequences, such as legal charges for neglect, or even the removal of their children from their residence, even if the children are teenagers, as in the case of our model family. DCFS can investigate and...

Illinois does not take drug use or possession lightly, but when it comes to drug sale or trafficking, the penalties can be life-altering. Trafficking a Schedule IV substance like Xanax can result in six or more years in prison, while heroin, a DEA schedule I substance, is a serious felony that can result in spending 15 to 30 years in prison in addition to $25,000 in fines. For a 15-year-old, that can be life-ending. So, what happens when a minor...

DUIs are taken very seriously under Illinois law. In fact, it is uncommon for a prosecutor to even consider reducing a felony DUI to a misdemeanor. While most DUI charges are misdemeanors, there are aggravating factors that can cause them to be charged as a felony. Depending on the number of aggravating factors and the degree of severity, felony DUI may even require mandatory jail time, fines, and other heavy penalties. If a minor is charged with DUI, they may...

Illinois’ Controlled Substances Act makes possessing, manufacturing, and trafficking illegal and controlled substances a serious crime. If you are facing charges of drug possession, manufacturing, or trafficking in Illinois, it is important to seek legal counsel as soon as possible. Possession of some drugs alone can be charged as a felony, and result in up to 15 years in prison and $25,000 in fines. The best way to avoid these harsh and life-altering penalties is to avoid being convicted. It...

While many people do not take speeding offenses seriously, it is important to understand that some traffic offenses are actually crimes and not just traffic court violations. In Illinois, it is a Class A misdemeanor to travel 35 miles or more above the posted speed limit. When someone is charged with misdemeanor speeding, they do not simply pay a ticket and move on. They are facing criminal charges and must appear in criminal court to be tried for them. If...

Underage drinking is a serious issue, which puts both underage youths and everyone else on the road at risk. While many parents think it is safer to have their children drink at home, under their supervision, they may not realize that in Illinois that can have serious consequences for them. Under Illinois’ Drug or Alcohol Impaired Minor Responsibility Act, parents, homeowners, and property renters are liable if minors consume their alcohol or consume alcohol on their property, and go on...

Divorce is a painful process regardless of the circumstances, but when infidelity is involved, it can truly be an emotionally torturous process. The spouse who was cheated on may feel betrayed after years of building a life together, and they may want to rake their spouse over the coals in court. In many ways, the court is on the side of the spouse who was cheated on. Illinois is an equitable distribution state. This means that instead of automatically giving...

Divorce is a complicated process, but can quickly become overwhelming when looking at the assets to be distributed. Many people think of major property, like homes, boats, and cars, and assets like checking and savings accounts, but few consider the impact of divorce on assets like stock options, golden parachutes, and stock options. Things like this require you to really get into the nitty gritty, but are critical to consider if you want to make sure that your divorce settlement...

If you cheated or were cheated on you may have serious concerns and major questions about how that fact could play out in or impact the divorce proceedings. In some states, adultery is still a grounds for filing for divorce. However, Illinois has removed all grounds for divorce other than irreconcilable differences. So, while adultery can certainly give you a reason to cite irreconcilable differences, it is not necessary to prove that adultery occurred in order to proceed with a...

Many people are reluctant to move forward with a divorce because of the financial impact that it could have. Not only are there costs related to attorney’s fees and court fees, but there is the division of marital assets and possible alimony. For some, it feels financially safer to stay married. However, many people have misconceptions about the divorce settlement process and what exactly the financial impact will be. Of course, the best way to get an accurate idea of...

When it comes to divorce, there are so many things to consider. One thing that many people worry about is how their assets will be distributed and whether they will lose their home or other property. However, many people do not even consider that their businesses could come into the realm of assets that are distributed between them. If you or your spouse own a business and you are contemplating divorce, it is important to consult with an attorney as...

You have likely heard horror stories about alimony. Many people stay in unhappy marriages longer than they want purely out of fear for the financial impact the divorce could have on them. They worry that they will be unable to maintain their current standard of living if they have to fork over a large part of their earnings to their ex-spouse each month, essentially indefinitely. Alimony is meant as a means of establishing fairness and equity for both parties in...