Child custody battles can be contentious–and expensive–especially if the parents are at odds and cannot agree on a custody arrangement. Unlike some states, Illinois does not presume that joint custody is best for the child. Instead, custody determinations are based on the best interest of the child, and what is best for one child might not be what is best for another. Here are some of the factors that a court will consider: The wishes of the parents; The wishes...

Illinois law requires state law enforcement to maintain accurate criminal and court records. This includes information pertaining to arrests, charges, court judgments, sentencing and corrections. Once that information is reflected in a criminal and/or court record (hereinafter referred to jointly as a criminal record), then it becomes part of the public record, which is available for consumption by everyone from law enforcement to potential employers to prospective spouses. The only way to remove that information from the public record is...

Before Jessica Biel married Justin Timberlake they reportedly signed a prenuptial agreement that included an “infidelity clause.” If he cheats on her, she—again, reportedly—will be compensated financially. It has become trendy to include such “lifestyle clauses” in prenuptial and postnuptial agreements, and not just among celebrity couples. A lifestyle clause typically sets behavior guidelines that come with a financial penalty if violated. For example, a couple might decide in advance who will do the housework or how often their in-laws...

You are being investigated for possible involvement in a crime. What should you do? You might be tempted to handle the situation yourself, but it can be risky to do so alone. Here are five reasons to consider hiring a criminal defense attorney: 1. We know your rights. Thanks to the entertainment industry, most Americans are aware that they have the right to remain silent, and that anything they say can be used against them in a court of law. But...

Recently, the Chicago Tribune police blotter detailed the arrest of multiple individuals who were subsequently charged with retail theft. The instances and merchandise involved may seem minor, but those charged may quickly realize that retail theft is a serious offense with criminal, civil, and economic consequences that should not be taken lightly. Those convicted of the theft crimes may suffer damaging consequences, not only legally, but in their professional careers. Many employers turn away applicants who have retail theft convictions,...

It is a bleak reality that an increasing number of marriages end in divorce. According to U.S. Census Bureau data, 2.4 million Americans divorced in 2012, continuing a three-year growth trend that experts attribute to an improving economy. That trend highlights difficult issues couples face when they decide to divorce, such as who gets what and who is going to raise the kids. Now that more Illinoisans have the right to marry, more Illinoisans also have the right to divorce,...

The penalty for first-degree murder carries the highest sentence for a single crime in the state of Illinois. It is also one of the many crimes that is subject to Illinois’ mandatory minimum statute, meaning that 20 years in prison is practically guaranteed to a convicted first degree murderer. If a gun is used in the murder, then the mandatory minimum jumps to 45 years as a result of penalty enhancements for gun crimes. Like all crimes though, murder is subject...

It used to be that murder that could be proven beyond a reasonable doubt had one sentence: death. Illinois abolished the death penalty in 2011, following a 10-year moratorium on executions placed by then-Governor George Ryan. The death penalty still exists in a majority of states, however, and murder still fetches a long prison sentence in areas where the death penalty has been abolished. In Illinois, it is still possible to be imprisoned for the rest of the defendant’s natural life....

We live in a dangerous world. Chicago in particular has a notorious history of crime stretching back to the days of Dutch Schultz and Al Capone. Turning on the morning news almost inevitably comes with stories about shootings, most notably on the city’s south and west sides. In these dangerous times, it is important to stay vigilant in avoiding situations in which one can become more susceptible to crime. Prudent pedestrians will avoid unlit alleys and walking alone at night....

In the U.S. in general, and in Illinois specifically, there is a public policy in protecting children and families. This public policy has manifested itself in many ways, including favoring child support payments over spousal maintenance in divorce cases. One very important way in which Illinois serves this public policy is in the zealous protection of those susceptible to violence in the home, and the vigorous punishment of alleged abusers. To pursue the perpetrators of abuse, Illinois recognizes domestic battery as...

In Illinois and throughout the U.S., domestic violence continues to be a problem. In Chicago alone, though the first six months of 2013 saw a decrease in the number of domestic violence reports from the previous year, there were still over 20,000 reports of domestic violence incidents within the city. In the first half of 2013, 14 people were killed as a result of domestic violence, two of these being children. Regardless of the severity of the abuse, there is a...

With the speed limit laws changing, the new statewide ban on hand-held cellphones while driving, and holiday drinking leading to DUIs, traffic stops are on many people’s minds. Most adults have been or will be pulled over by the police at one point in their lives. It may be because the driver had legitimately broken one of the many traffic laws that are very easy to break. It may be because the driver was driving suspiciously, and the police merely...

The 4th Amendment guarantees one of the fundamental civil rights to all American citizens: the right to be free from unreasonable search and seizure. The drafters of the United States Constitution were afraid of a government that could freely, at will, search the home or the person of a citizen with no pretense other than suspicion. The U.S. Supreme Court has clarified the meaning of the 4th Amendment, stating that the general rule is that, to search one of the...

Commuters who regularly use the Interstate Highway System can shorten their travel time just a bit in the coming New Year. Starting on January 1st, the speed limit outside of urban areas will be increased from 65 to 70 miles per hour (MPH), putting it in concert with neighbors Indiana, Missouri, Iowa, and parts of Kentucky.  Cook County and its surrounding five counties have been allowed to keep their 55 miles per hour speed limits, as well as Madison and...

A multitude of new laws will come into effect in the New Year, with grave consequences for Illinois residents who are caught unaware. Some laws, however, may ultimately be seen as beneficial for those looking for both justice and freedom. Here are just a few of the new laws arriving in January. Illinois Further Disincentivizes Cell Phone Use while Driving Currently, while texting and driving is a crime in Illinois, using a hand-held cell phone while operating a motor vehicle...