While Illinois law does not assume that granting custody to the mother is in a child’s best interests, mothers often serve as custodial parents (whether by a court-sanctioned joint agreement between the parents or by court order). And while Illinois law presumes that visitation with the non-custodial parent is in the child’s best interests, the law does not require children to receive equal parenting time.* Thus, it is entirely possible – if not probable – that a mother with sole...

The following is a list of ten mistakes couples make during a divorce. 1. Believing your spouse will be fair and cooperative during the divorce proceedings: Divorce is an emotional process. You need to look out for you, because that is exactly what your spouse will do. It does not matter how long the marriage lasted or how in love you were–it is over now and you can no longer expect emotional support from your spouse. 2. Using your children...

Anyone who has ever watched a legal drama will recognize this phrase: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” The right to remain silent is protected under a U.S. Supreme Court decision called Miranda v. Arizona. This ruling requires law enforcement to ensure that arrestees are aware of their Miranda rights (which also include the right to counsel) before engaging in direct questioning. (Note that...

In 1968, the U.S. Supreme Court ruled that police officers may stop someone if they have a reasonable suspicion that this person has committed, or is about to commit, a crime. The court also held that officers may frisk the detainee for weapons if they have a reasonable suspicion that the person is armed. The Court’s decision in Terry v. Ohio affirmed that stop-and-frisk does not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures, and that police do...

DNA evidence has become a necessary–and often mandatory–component of criminal prosecution. In fact, Illinois also requires persons convicted of qualifying offenses to submit DNA samples (such as blood, saliva or body tissue) to the Illinois Department of State Police. These samples are compiled in a forensic database that law enforcement officials can check during subsequent criminal investigations. Federal law similarly allows law enforcement to obtain a DNA sample from every person who enters the federal criminal justice system. Those samples...

Today’s teenage lexicon includes terms that would not be familiar to minors who lived without cell phones. “Sexting” is a classic–albeit potentially illegal–example. While teens may talk about sexting, Illinois law punishes minors who actively engage in the electronic dissemination of indecent visual depictions. In other words, it is a crime for Illinois teens to text sexual pictures of one another, or to send such images using a computer or other electronic device. You will know an “indecent visual depiction”...

Money is often a contentious issue for divorcing couples, especially when it comes to dividing marital assets and setting maintenance (alimony) payments. A new law enacted January 1, 2015 simplified the process for calculating maintenance for parties with a combined gross income of less than $250,000. Before this law was passed, there were no overarching monetary guidelines, and courts considered numerous factors when deciding on a party’s alimony obligations. Now this calculation is a two-step process. The court: Takes both...

Criminal actions have serious consequences. However, not everyone is capable of understanding these consequences. For example, Illinois recognizes that some children lack the intellectual capacity to appreciate the criminality of their actions (the legal term is “infancy”). That is why the state cannot convict children of a crime they committed if they were younger than 13 at the time. Infancy is an example of an affirmative defense. An affirmative defense is a set of facts that, if proven true, mitigate...

While Illinois law technically equates pet ownership to property ownership, it also recognizes that our furry friends often feel like members of the family. To that end, the law extends legal protections to (and imposes criminal liability for) abused or mistreated animals. For example, Illinois allows domestic violence victims to seek help not only for themselves, but also for their pets. Correlation between Domestic Violence and Animal Abuse There is a correlation between domestic violence, child abuse and animal abuse....

Despite numerous procedural safeguards, juries do not always return fair verdicts in criminal cases. For that reason, juries do not have the last say regarding criminal convictions. Generally, all criminal defendants have the right to appeal the judgment and accompanying sentence. The appellate procedure varies according to the type of plea: i.e., a plea of not-guilty, a plea of guilty or a negotiated plea of guilty. Appealing a Judgment and Sentence after Pleading Not Guilty When a defendant is found...

The Fourth Amendment guarantee against unreasonable searches and seizures is not clearly defined. Nowhere in the text did the framers explain what exactly constitutes a “search” or “seizure”–or even what makes such a search and seizure “unreasonable.” Over the years, the U.S. Supreme Court and other federal courts have filled in the blanks and ascribed meaning to these terms, including when police actions do and do not violate the amendment’s warrant requirement. For example, given the exigent circumstances, it is...

Social networks like Facebook, Instagram, LinkedIn, and Twitter allow users to forge valuable digital connections and serve as convenient outlets for sharing family photos, special events and other information. However, active participation on social media can also be damaging in certain situations, particularly when you are in the middle of a divorce or any civil or criminal case. (Negative posts can even affect your chances of getting into college.) Here are three ways that social media activity can negatively affect...

Tis the season for online holiday shopping, but tread carefully. While Internet shopping is often more convenient than visiting traditional stores, anonymous website hosts and illegal online marketplaces also make it more dangerous. In 2013, federal law enforcement took down the Silk Road, an online black marketplace (used primarily to purchase and sell illegal drugs) that allowed users to browse anonymously. Silk Road 2.0 launched on November 6, 2013, but one year later, it, too, was shuttered. Bitcoin exchanges were...

With the holiday season in full swing, this season heralds department store displays, special holiday programming, and unique family traditions. And for some families, it also heralds the return of college-aged children with insatiable appetites (and laundry!) in tow. That insatiable appetite often includes an appetite for alcohol, which might be difficult to curb during the holidays–especially when surrounded by opportunity and indulgent adults. Remember, though, that it is a crime to indulge in, and to permit, underage drinking. Underage...

In September, Minnesota Vikings’ running back Adrian Peterson was indicted on felony child-abuse charges for hitting his son with a switch. He recently agreed to a plea bargain reducing the charges to a misdemeanor charge of reckless assault. Peterson, whose future NFL career is uncertain, will perform community service and pay a $4,000 fine. This recent case sparked a heated debate about the use of corporal punishment on children. According to a recent report issued by the Brookings Institution, 81...