A married couple gets into an argument about finances. They both scream at each other and verbally attack one another. The fight intensifies, and the husband slaps the wife across the face. This is the first time that he has physically injured his wife and she is nervous because she knows there is a firearm in their house. She wants to request that a court issue an order to remove the firearm from his possession but will the allegation that...

The Illinois' red flag gun law allows law enforcement officials to confiscate lawfully owned firearms temporarily. Under certain circumstances, the state can take guns that Illinois residents lawfully purchased and own. Illinois’ Firearms Restraining Order Act (FROA) became effective on January 1, 2019. The Act is Illinois’ answer to the wave of recent mass shooting events that have taken place throughout the United States. The Act allows specifically qualified individuals to petition the court to remove guns from Illinois residents...

On January 1, 2019, Illinois passed a red flag gun law, known as the Firearms Restraining Order Act. Red flag gun laws allow a person to petition the court to have another person's legally purchased firearm removed from his or her possession. Many gun owners and Second Amendment rights groups have expressed concern that the new law infringes on people’s civil rights. Gun groups contend that the law could allow their constitutionally protected right to bear arms to be challenged...

When two parties file for a divorce in Illinois, an Illinois family court will often apportion, or divide, the marital property between the parties. Illinois courts have a duty to apportion the property, spousal maintenance, and support in a way that upholds the interests of justice. In some divorces, apportionment is relatively straightforward. However, when two spouses enter into agreements to help one another finish expensive higher-level education, the apportionment can become more complicated. Divorcing spouses must divide up their...

While watching television, you see a police officer place handcuffs on a suspect. The police officer proceeds to tell the suspect that he has the right to remain silent and that anything he says can and will be used against him in a court of law. Police officers on television and in real life offer these statements to comply with Supreme Court rulings enforcing the Constitution’s Fifth Amendment right to remain silent. The Fifth Amendment states that no suspect "shall...

Your friend’s annual Halloween bash is the most anticipated party of the year. You invite a few friends over for a some drinks before the party as you plan on carpooling. You are deemed the designated driver for the night, and believing you are still under the legal limit with a few drinks in you, you hop in your car and head out on your 15-minute drive to your friend’s place. Meanwhile, a young family is out trick or treating...

Red flag gun laws have received increased attention after several recent mass shootings. These types of gun control laws make it easier for state governments to remove firearms from certain people who own them. Some members of Congress are considering creating a federal grant program that would offer incentives for more states to pass red flag gun laws. Illinois recently passed its own red flag gun law, the Firearms Restraining Order (FRO) Act. The primary purpose of the law is...

Expert witnesses in criminal trials are in high demand mainly because the amount of criminal court filings has increased. The United States Courts report that in 2018, filings for criminal defendants rose by 8% in U.S. federal district courts, reaching a total of 81,553. According to the Illinois Courts’ Annual Report, prosecutors filed over 280,000 criminal cases in the state of Illinois. If you are facing a criminal charge in Illinois, it is essential to consult with a skilled Cook...

In the summer of 2019, allegations arose that two special education paraprofessionals, or support workers, mistreated seven special education students. The paraprofessionals in question worked for the Special Education District of Lake County’s Gages Lake School. The paraprofessionals were attempting to use behavioral interventions to discipline the students when the alleged mistreatment happened. The paraprofessionals in this case allegedly used excessive force when physically restraining seven special education students. The students who allegedly suffered harm were between 7 and 9...

An Illinois combat veteran recently shot another driver. The veteran claims that he shot the victim because of post-traumatic stress disorder (PTSD) caused by his combat role as a former convoy rear gunner in the Iraq War. The Illinois trial court determined that the veteran was not acting in self-defense due to his PTSD. Illinois’ 1st District Appellate Court affirmed the decision of the trial court. The veteran’s recent criminal trial bring to light the issue of a defendant's ability...

Imagine being a 6-year-old child in the middle of your parent’s highly contentious divorce. In some instances, when divorcing parents are fighting each other to receive the most favorable divorce settlement, the best interests of the child can fall to the wayside. An objective observer who can focus on the child’s best interests can be extremely helpful. What is a Guardian Ad Litem? Illinois family court judges have the power to appoint a guardian ad litem to represent minors when...

Can School Administrators Fire a Tenured Teacher in Illinois?

posted on 10/6/19

Teachers are some of the most undervalued members of our society. They often put in long hours to help students succeed and receive little in return. Many teachers feel overburdened...

Forensics teams within Illinois police departments gather evidence that supports a criminal conviction. Forensic investigators gather physical evidence at the scene of the crime such as fluid, blood, residue, fingerprints, and electronic devices. Prosecutors interpret the forensic evidence gathered by investigators to bring criminal charges against a suspect. Forensic investigation has become essential to securing criminal convictions, especially in murder trials. The Illinois State Police Labs is facing a severe backlog that is negatively affecting the ability of prosecutors to...

The movement toward progressive prosecution is growing in the Chicagoland area. Cook County State’s Attorney Kim Foxx is one of a growing number of prosecutors who embrace a progressive approach. Foxx’s 2016 campaign centered around the issue of dropping incarceration rates. She promised voters that she would attempt to reform Chicago’s criminal justice system. Specifically, she has attempted to push prosecutors to seek alternatives to incarceration. Progressive prosecutors are in the minority. Nonetheless, recent data suggests that progressive prosecution may...

Illinois fathers fighting for custody of their children face a long history bias. Historically, family court judges have assumed that mothers should be the primary caregivers to children. Illinois fathers have the right to create a strong bond with their children. Family court judges should not assume that mothers should necessarily act as primary caregivers based on their gender. If you are a father fighting for custody of your children or you would like an increased amount of visitation time,...