Illinois law requires an equitable property division during a divorce proceeding, and that is not necessarily the same thing as an equal distribution. In many cases, 60-40, 80-20, and maybe even 100-0 may be equitable under the circumstances. “Equitable” is not an abstract concept in Illinois law. Instead, the judge makes this determination after considering the 12 factors listed in the Illinois Marriage and Dissolution of Marriage Act. In the event that the case settles out of court, and most...

One local law enforcement agency is convinced that it has found the right tool to reduce the rising number of DUI-Drug cases in DuPage County. Alcohol-impaired drivers still cause about twice as many traffic deaths in Illinois than marijuana-impaired drivers, but the gap is much narrower today than it was 10 years ago. Nationwide, the number of “drugged” drivers exceeds the number of “drunk” drivers, according to the Governor’s Highway Safety Association. So, Carol Stream police will soon use a...

Almost two years to the day after his arrest, a prominent local restaurant owner was cleared of DUI charges. Officers insisted that the 61-year-old man failed field sobriety tests at the scene, but the judge in the case never saw this evidence because the squadcar video evidence was unavailable. Prosecutors claimed that the evidence disappeared because of a technical glitch, and indeed, the arresting officer had reported problems with the onboard system. Nevertheless, defense attorneys implied that the Bolingbrook Police...

The events that took place during Kelly’s police interrogation may have been unusual, but the results were predictable. The next time she saw her questioners, they were providing testimony against her in court, albeit false testimony based on a police officer’s erroneous recording of her statement. What can Kelly do to protect her rights? It is always important to be totally upfront with your criminal defense attorney in situations like these. Everything you say, short of an outline for a...

The protective order saga we discussed in the previous posts shows only the end of the line. Before getting to that point, the police interrogated Kelly for her alleged stalking and harassing of Lizzy, who was supposedly trying to seduce her husband away from her. To recap, police officers took Kelly into custody at her house after Lizzy accused her of stalking. Instead of calling a lawyer and putting a halt to the entire process, she decided to go with...

Much like we did in a previous series, we decided to approach the issue of protective orders in Illinois with a series of blogs, since we get so many questions about such orders, both from people who need to obtain them and want to oppose them. For this series, we will focus on a love triangle. One dark and stormy night, the police come to a well-known actor’s house and ask to speak with his wife, Kelly. Since she is...

When we last left Kelly, the judge had released her on bond so she may return to Dash Riprock’s waiting arms. That is the good news, but the bad news is that the judge granted a protective order that directed her to stay away from Lizzy. No more texting, calling, or showing up at her work unannounced, like she had done in the past. At this point, because of the procedure in Illinois and the botched police interrogation, the judge...

Most law enforcement agencies in this area practice high-profile deterrent policing, especially in areas known for heavy criminal activity. Patrol officers are under intense pressure to make as many arrests as possible because, just like the number of sales is an effective way to evaluate car salespeople, many believe that the number of arrests is the only effective way to evaluate police officers. So, as criminal defense attorneys, people often ask us how they should react to an arrest situation,...

One the pre-arrest stop is over, the tenor of police activity changes noticeably. At this point, the screening phase has ended, and the evidence-gathering phase has begun. Just like criminal defense attorneys go to great lengths to protect their clients, police officers go to great lengths to protect the other members of society, even if these people do not really need such protection. Roughly the same rules apply. While police officers have the right to obtain the evidence they need...

Thomas T. Glasgow has been selected as an Illinois Leading Lawyer in all areas of Felonies and Misdemeanors as well as DUI Criminal Defense. This honor is earned by fewer than 5% of all lawyers licensed to practice in Illinois. Leading Lawyers conducts a statewide survey and only those Lawyers most often recommended by their peers are listed as a Leading Lawyer. The following describes the Leading Lawyer selection process and is republished from the Leading Lawyer website. THE SELECTION...

In November of 2017, despite his attorney’s pleas that his client was sincerely remorseful, a Chicago federal judge sentenced a reputed career train burglar to 11 years in prison. According to prosecutors, 38-year-old Patrick Edwards and several accomplices slipped into a train yard and broke into a freight train bound from the Ruger Company in New Hampshire to Spokane. Things already looked bleak for Mr. Edwards, as Judge John Tharp had just sentenced one of his co-defendants to 10 years...

Because the law in this area was so uncertain until a few years ago, only people with substantial separate property who entered into shaky marriages bothered with prenuptial agreements. Otherwise, the risk did not seem worth the reward.

Almost all DUI cases begin with traffic stops. Third-party tips, either ones phoned in from citizens or reported over police radios, initiate a handful, as well. Jurisdictions that rely on responsive policing, in which officers keep a low profile unless there is an emergency, almost exclusively rely on one-on-one stops. Most jurisdictions employ a high-visibility deterrence theory. One-on-one stops are important in these jurisdictions, but officers also use either DUI checkpoints or saturation patrols. The type of stop matters a...

Mostly because it is 100% legal, relatively inexpensive, and easy to purchase, alcohol-related DUIs will probably always constitute the majority of DUI cases. In many jurisdictions, however, drug-related DUIs are almost as common. When they go to trial, DUI-drug cases present their own unique kinds of issues. If the defendant submits to a breath or blood test, and most do, the prosecutor can use the DUI law’s per se section to prove intoxication without any additional evidence. Even in the...

If a DUI defendant either refuses to provide a chemical sample or has a BAC above the legal limit, the state automatically begin Statutory Summary Suspension proceedings, or SSS proceedings. After 45 days, the full suspension automatically goes into effect unless the defendant successfully challenges it. For various reasons, many defendants do not even bother challenging the SSS. The odds of success are not as long as some people think, and furthermore, the process itself often proves invaluable in terms...