Beginning this January, the new administration has at least two opportunities to significantly impact handgun laws in Illinois. In September 2016, a panel from the D.C. Circuit Court of Appeals heard oral arguments in a pair of cases involving the District of Columbia’s restrictive carry law. D.C. is a “may issue” jurisdiction that allows decisionmakers to deny concealed weapons permits to otherwise qualified individuals; in contrast, Illinois is a “must issue” jurisdiction that has no such loopholes. Additionally, D.C. licensees...

Although most adults will live in at least one marriage-type relationship without exchanging nuptial vows or obtaining a license, the Illinois Supreme Court recently finalized its decision that the partners in these relationships have no legal right to jointly-owned or operated property. On October 20, the court denied rehearing in Blumenthal v. Brewer, effectively ending the dispute between the parties. The two women had been domestic partners since 1981 and jointly owned a residence in Chicago. When the two separated,...

Prior to the 1972 Presidential election, Democrat George McGovern said it would only take “twenty-four hours and the stroke of a pen” for him to end hostilities in Vietnam. Today, some people fear that Attorney General-designate Jeff Sessions might effectively end medical marijuana laws in much the same way. In November 2008, an additional eight states voted to relax their marijuana laws. In Florida, the marijuana “legalization” provision garnered two million more votes than Presidential winner Donald Trump. During his...

Mediation is basically a settlement conference between the parties that is supervised by a neutral specialist who is there to facilitate agreement. Prior to such encounters, about 95% of participants believe that mediation will be an utter waste of time because they reason that if talking could have resolved the dispute, no one would have filed a court case. Yet, 71% of participants resolve some or all of their disputes in just a few hours using mediation. Mediation typically works...

In the air and on the ground, the country may be more polarized today than at any other time since the 1960s. Delta Airlines CEO Edward Bastian said an unidentified man who was “loud, rude, and disrespectful to his fellow passengers” on a flight from Atlanta to Allentown “will never again be allowed on a Delta plane.” Fellow passenger Emma Baum first noticed the outspoken Donald Trump supporter in the terminal. As passengers boarded the plane, Ms. Baum asked the...

Barack Obama commuted another 98 sentences in October of 2016, bringing the total to 872 during his tenure and 688 in 2016. That number eclipses the number of pardons issued by the past 11 Presidents combined. White House counsel Neil Eggleston said that most of the offenders “made mistakes at a young age” and they “have diligently worked to rehabilitate themselves while incarcerated.” Some individuals will be released straightaway, while others must complete drug treatment programs or other requirements before...

Most Illinois family law judges place a high premium on parental agreements and co-parenting. They like to see parents work out everyday disputes by themselves without going to court and without involving the children. In fact, in original proceedings, it is often a mistake to hire an overly-aggressive “bulldog” attorney who refuses to agree to anything and contests every move because judges believe such attitudes indicate a lack of respect toward the other parent and an inability or unwillingness to...

A previous post examined post-DUI conviction drivers’ license restoration; people who are convicted of DUI have their driver’s licenses revoked, and it is not easy to get them back. Driver’s license suspension after a failed chemical test, or after a refusal, works a little differently. Suspension lasts for a fixed amount of time, and after the suspension period expires, license reinstatement is almost automatic, upon payment of a reinstatement fee and proof of insurance. That being said, the suspension period...

In a previous post, we examined Emergency Protective Orders, which are designed to stabilize a potentially dangerous situation and prevent even the possibility of abuse. EPOs are nearly always granted ex parte, which means the judge only heard one side of the story. Typically, the alleged victim asks for a plenary order after the EPO expires. Plenary orders are different from EPOs in both content and duration; they are much the same in terms of their applicability and their definitions...

Even the fastest first responders are reactive because although law enforcement typically responds quickly to domestic disturbance calls, they typically cannot intervene in a situation until that call comes. However, a protective order is proactive. It puts interested third parties on notice, like daycares and schools, and basically gives them a “heads-up” that there are serious issues and additional safeguards that need to be in place. A protective order also deters alleged abusers from committing further abuse because they know...

Although a driver’s license is technically a “privilege” and not a “right,” driver's licenses are infinitely more important than fishing licenses or licenses to carry concealed weapons. Many people assume that the Secretary of State feels the same way at DUI license reinstatement hearings, and that they will get their licenses back after submitting some basic paperwork, detailing their hardships, and promising not to drink and drive again. In a few low-risk situations, such as a first-time offense with a...

A pair of high-profile marriage dissolutions from both coasts have thrust premarital agreements into the spotlight. As their case goes to court in California, Brad Pitt and Angelina Jolie reportedly have an “ironclad” prenuptial agreement dividing their $400 million estate. Together, the actors own more than a dozen properties around the world, and almost all of them were purchased before the marriage. The three properties purchased during the marriage -- a New York apartment, New Orleans house, and French vineyard...

This is one of the most commonly-asked questions in DUI defense, and also one of the most difficult ones to answer. On the one hand, it is generally best to stop digging if one falls into a hole. Refusing a breath test will not improve the situation and may, in fact, make things worse. On the other hand, the conviction rate is almost twice as high in test cases as it is in non-test cases, and since prosecutors already have...

Many criminal offenses also involve civil liability. For example, even if a defendant is found not guilty of homicide in criminal court, that person may be held liable for wrongful death in a subsequent negligence proceeding. The same thing holds true in domestic battery cases. However, in addition to civil liability and money damages, these cases often have tremendous repercussions in divorce and other family law matters. Civil Liability Battery is both a crime and a tort in Illinois, and...

Even though social attitudes are changing and many jurisdictions, including Illinois, have at least partially legalized cannabis, marijuana arrests substantially outpace violent crimes arrests, according to a recent study. The American Civil Liberties Union/Human Rights Watch study concluded that there are currently 14% more marijuana arrests than violent crimes arrests. Moreover, while violent crime arrests have dropped precipitously in recent years, the gross number of marijuana arrests increased by 13%. Black defendants are apprehended at substantially higher rates than white...