Effective January 1 of this year, a number of new divorce and family law rules took effect in Illinois, and one of them attempts to control spiraling college costs. Most Illinois divorce decrees have a reserve clause regarding payment of college expenses, since child support technically ends at age 18, in most cases, and it is impossible to fairly estimate future college costs for young or teenage children. As the children get older and costs become ascertainable, Section 513 of...

In the majority of DUI prosecutions, the state’s primary evidence is the result of a chemical sample obtained from the driver via a breath or blood test. But in about 20% of cases, the driver refuses to provide a sample. In these instances, the state relies on circumstantial evidence of intoxication both at the initial stop and during the arrest process. As is normally the case, this circumstantial evidence is vulnerable to a motion to suppress. The Stop It is...

Many people wrongly believe that the Fourth Amendment affords us a “right to privacy.” In fact, the Fourth Amendment provides us a right to be free of unreasonable government searches and seizures during instances in which we have a reasonable expectation of privacy. We have a “reasonable expectation of privacy” when we have a subjective expectation of privacy that society is willing to recognize as reasonable. The Third-Party Doctrine establishes that there is no reasonable expectation of privacy to information...

A recent Chicago Tribune article reported an increase over the holidays of DUI enforcement in the suburban areas around Chicago Illinois DUI Statistics indicate that the number of alcohol-related traffic deaths rises over major holidays. Measures such as increased sobriety checkpoints have led to more citations, and these holiday crackdowns can affect drivers in and around the city of Schaumburg and nearby communities. Despite stronger implementation from law enforcement, recent changes in Illinois DUI law will have an effect on...

 During your divorce proceedings, before the final decree has been entered by the family court, you learn that your spouse has filed a bankruptcy case. What does this mean for your case and for you personally? What is Bankruptcy? Using federal bankruptcy law, an individual or a business can limit or eliminate liability on certain debts and or reorganize other debts. Individuals will normally file either under Chapter 7 or Chapter 13 of the bankruptcy code. Chapter 7, also known as straight...

Effective January 1, 2016, the Illinois child custody laws will undergo extensive changes. While there will be changes in the terminology, the procedures, and the structure of child custody, many factors will remain the same. However, the changes will affect new cases as well as old cases where a modification is sought. What is Different The biggest difference with regard to the new Illinois custody law changes is the terminology. Courts will no longer be charged with awarding custody to...

On January 1, 2016 several big changes in the way two common criminal matters are handled will take effect—changes which are mostly in the favor of drivers convicted of  DUI and aggravated speeding Second DUI Offense After January 1, 2016 many of the waiting periods for drivers to apply for driving permits will be eliminated or shortened. If you have been convicted of a two DUIs, you will no longer have to wait three years to apply for a Restricted...

The holidays are a time for gathering with friends and family—celebrations which often involve drinking. However, during the holidays, DUI enforcement is a top priority for law enforcement in Illinois. This holiday season, if you are convicted of a DUI, it is more than just an inconvenience. A DUI conviction can cause problems with future background checks and will cost you a lot of money. The Consequences of DUI in Illinois A first time DUI conviction in Illinois will result in...

Privacy was once a prime concern for almost every American. However, recent years have seen the steady erosion in both privacy rights and our expectations of privacy. Over 10,000 cameras in Chicago regularly record honest citizens going about their lives. Additionally, we share personal details with the whole world on social media websites. Now, with the help of our mobile phones, even our smallest movements can be tracked by law enforcement. What the Freedom From Location Surveillance Act Allows Illinois recently passed...

There are several types of orders of protection under Illinois law, and each type carries its own consequences for the one who is served with the order. Additionally, violating any type of protective order can result in a criminal conviction. There are two common types of Illinois protective orders—civil orders of protection and stalking no contact orders of protection. It is essential to understand the differences between them. Civil Orders of Protection  Illinois’s domestic violence laws have established a process for...

Illinois has two broad categories of orders of protection—civil orders of protection and criminal orders of protection are both part of Illinois’s efforts to protect domestic violence victims. However, there is a low threshold of proof required to get an order of protection issued. Moreover, the consequences to the accused can be severe. How and Why a Criminal Order of Protection is Issued  Any individual who claims that he or she has been the victim of domestic violence can go...

Illinois has a strict set of laws and regulations designed to protect victims of domestic violence. Under the laws that govern orders of protection in Illinois, you can be charged with a domestic violence crime without even committing an act of violence. In fact, one can violate an order just by contacting the subject of the order. Violating Orders of Protection  Under Illinois law, when an order of protection is violated, you can be charged with a Class A misdemeanor which is...

In Illinois, there is one Thanksgiving tradition most drivers would rather avoid—DUI roadblocks. During major holiday weekends, such as Thanksgiving, local law enforcement will shut down streets to screen drivers for signs of driving while under the influence of alcohol or drugs. These DUI roadblocks often lead to several arrests for a variety of offenses. When DUI Roadblocks are Allowed  The U.S. Constitution protects citizens from unreasonable searches and seizures; however, the courts have allowed DUI roadblocks in certain situations and the...

Across the United States, the debate about guns shows no signs of cooling down. Recently, Florida moved one step closer to allowing their citizens to openly carry a weapon. Under the bill, which recently passed through its first committee vote, concealed weapon permit holders would also be allowed to openly carry firearms, subject to certain restrictions. If passed, Florida would be only one of a handful of states to allow the open carrying of firearms. In Illinois, the law looks...

While the national news has been filled in recent months with the tragic accounts of mass shootings in different parts of the country, every day local news reports contain stories of gunshot injuries and deaths. Recently, the liability of gun manufacturers has been an issue in the presidential campaign. Politicians disagree on how much protection gun manufactures should have from lawsuits. Brief History of Gun Manufacturer Liability  During the 1990’s and early 2000’s, several large suits were filed against gun...