Under the Fifth Amendment of the U.S. Constitution and Section 10 of the Illinois Bill of Rights, you cannot be ordered to provide evidence against yourself in a criminal case. Your right to remain silent prevents police from forcing you to answer questions or make statements that incriminate you. However, the situation is different before you are arrested for criminal charges, when law enforcement may be investigating you to gather evidence. You still have constitutional rights, and it is essential...

You may read about self-defense laws in high-profile cases, but the news does not always paint a complete picture of these complex laws. When you are forced to claim self-defense in an Illinois criminal case, it is usually because you stand accused of a violent crime. For this reason, it is critical to understand how self-defense laws work and to have a skilled criminal defense attorney representing you. The following are some common questions we receive regarding self-defense laws. What...

Few spouses actually look forward to going through the Illinois divorce process, but there are reasons you may want to get started as soon as possible. There are a number of advantages to getting divorced before the end of 2018, but you can only reap the benefits if you file for divorce and conclude the case by December 31, 2018. An experienced Illinois divorce attorney can tell you how these benefits may apply to your situation, but an overview may...

Illinois law on aggravated battery charges is tough, and you may face charges for acts you did not realize were criminal in nature. Maybe you were home from college and out celebrating with friends, and you got into a little push-and-shove incident at a bar. Perhaps you reacted violently to an insult or used poor judgment in an encounter with a police officer. Even if there was no gun involved in the scuffle, a conviction in an aggravated battery case...

Illinois’ recent move to legalize marijuana for medical purposes was greeted with applause by those who suffer from certain debilitating conditions. According to the Chicago Tribune, the statute goes a long way to making marijuana easier to apply for and obtain as an alternative form of pain relief. However, the situation raises new questions about how far police can go when conducting vehicle searches. Some general information may be useful, but you should discuss your specific circumstances with an experienced...

The Illinois Domestic Violence Act allows certain individuals to seek an order of protection when faced with domestic battery or abuse, but there are different types available for different situations. If you were accused of violence, you may be confused about these orders and how the process works. You will definitely be concerned about how it affects your rights, especially when the matter involves a criminal order of protection in Illinois. Some answers to frequently asked questions may help. What...

Being charged with domestic battery in Illinois is a tough situation, but it is even more difficult when you are also involved in a divorce case. The allegations can have an impact on the divorce process if an order of protection is issued against you. A restraining order can affect your living arrangements and relationships with your children. Plus, some domestic battery cases can even proceed through an entirely different court process. Your interests as a party to a divorce...

There are two legal considerations when you are arrested for DUI in Illinois, one of which is criminal in nature. The other affects your driving privileges, since state law provides for a statutory summary suspension of your driver’s license on the 46th day after your arrest. The length of the suspension depends on any prior history of drunk driving, your blood alcohol concentration (BAC), and whether you refused to take a chemical test. Though the statutory summary suspension is automatic,...

Being charged with domestic battery in Illinois is a serious matter, but it is always important to remember that you are entitled to your day in court. Even when an accuser gets an order of protection against you, this is not the same as a conviction. You do have the right to present a defense, especially when facing exaggerated or false allegations. Your best strategy for fighting the charges is to retain an experienced domestic battery defense attorney, but some...

If you are arrested for DUI in Illinois, you may encounter a lot of chaos and confusion. You may not understand where you are in the process, what your rights are, and how you should react at different stages along the way. Though every case is different, there are certain common elements to expect. The chronology of a DUI case is subject to strict rules, starting from the moment you were pulled over to the final findings and sentencing. Retaining...

Illinois has joined other states in decriminalizing certain amounts of marijuana and allowing it for medicinal purposes, but limitations on driving remain. It is still illegal to operate a motor vehicle while under the influence of controlled substances, regardless of whether you have a prescription or medical marijuana card. The restriction is common sense. National Highway Transportation Safety Administration reports show that your physical and cognitive capabilities are affected when you get high, so you present a risk of harm...

Although it is legal to drink and drive in the State of Illinois, It is not legal to be under the influence when you drive a vehicle in the State of Illinois. You are already aware that the best way to avoid an arrest for driving under the influence (DUI) in Illinois is to not drink and drive. However, when you know the most common reasons people are charged with drunk driving, you are in a better position to avoid...

It is not against the law to drink and drive in the State of Illinois. Unlike countries like the Czech Republic and Hungary, Illinois does not have a zero-tolerance law. No alcohol is allowed in your system at all in those countries. In Illinois, you can have wine with dinner or beer or two with your friends and not violate the law by driving home. What is illegal in Illinois is driving under the influence of alcohol. One way you...

Few people will say they look forward to divorce, but a recent change to US tax laws may make you consider getting started on the process right away in Illinois. As the Chicago Tribune explained in a recent article, the Tax Cuts and Job Act will affect all divorces starting in January of 2019. The details regarding spousal support and tax treatment will vary depending on your circumstances, especially since Illinois has already adjusted its alimony laws to account for...

If you are going through the US immigration and naturalization process, you may be aware of the serious consequences of being involved in criminal activity. You could be subject to removal, denied citizenship, and immediately deported. Though you may be working with an immigration attorney regarding your case, you should consult with a knowledgeable Illinois criminal defense lawyer as soon as possible after an arrest. It may still be possible to obtain a favorable result that will not impact the...