Many Illinois residents will drive to destinations around the state to celebrate the holidays. In fact, over 54.3 million people traveled at least 50 miles over Thanksgiving in 2018. While the holidays are usually joyous, they can also become stressful. Planning events, driving more than usual, and shopping can become draining. The holiday hustle and bustle makes it easier to drink and drive, drive while distracted, speed, and fail to wear a seatbelt. Law enforcement refer to these unsafe driving...

Under Illinois’ red flag gun law, an Illinois court can remove firearms from a person who is dangerous. When the state, a family member, or a roommate files a petition for a firearms restraining order, they must prove that it is necessary. The petitioner is the party asking the court to remove the gun owner’s guns. The respondent is the gun owner or the person who may pose a danger by possessing or purchasing a firearm. Which Burden Must the...

A man from Joliet is facing nine criminal charges, including aggravated drunk driving charges, according to local law enforcement. The drunk driver struck and killed a pedestrian at the intersection of Park Drive and West Park Front this summer. A Will County grand jury recently indicted the defendant. He is facing one count of leaving the scene of a fatal accident and eight counts of aggravated driving under the influence. With the holidays approaching, it is easy to drink to...

You can hardly believe that the Thanksgiving holiday is finally here! After fighting traffic to get to the airport, your flight into Chicago O’Hare airport has finally landed. You hire an Uber to drive you to the home of your relatives and get ready to relax after a long travel day. After an enjoyable dinner catching up with family, you realize that you forgot to pack your toiletry case. You have had two beers and decide you are not buzzed....

You had big plans for Thanksgiving weekend. Every year you watch the Macy’s Thanksgiving Day Parade with your family. Perhaps you head over to a relative’s house to enjoy a large, home-cooked Thanksgiving Day meal with your family and friends and watch the football game. You had big plans for a relaxing and fun Thanksgiving weekend. Illinois drivers never intend to face a DUI arrest, especially during the holidays. Unfortunately, Thanksgiving weekend is one of the worst times to be...

Illinois recently passed its own version of a Red Flag Gun Law, the Firearms Restraining Order Act. The law allows certain individuals to file a petition asking the court to remove a family member or roommate’s guns from his possession. If a judge determines that the gun owner is a significant danger to himself or others, the judge will issue an order for the removal of the guns. In order to get his guns back, the gun owner must prove...

A married couple gets into an argument about finances. They both scream at each other and verbally attack one another. The fight intensifies, and the husband slaps the wife across the face. This is the first time that he has physically injured his wife and she is nervous because she knows there is a firearm in their house. She wants to request that a court issue an order to remove the firearm from his possession but will the allegation that...

The Illinois' red flag gun law allows law enforcement officials to confiscate lawfully owned firearms temporarily. Under certain circumstances, the state can take guns that Illinois residents lawfully purchased and own. Illinois’ Firearms Restraining Order Act (FROA) became effective on January 1, 2019. The Act is Illinois’ answer to the wave of recent mass shooting events that have taken place throughout the United States. The Act allows specifically qualified individuals to petition the court to remove guns from Illinois residents...

On January 1, 2019, Illinois passed a red flag gun law, known as the Firearms Restraining Order Act. Red flag gun laws allow a person to petition the court to have another person's legally purchased firearm removed from his or her possession. Many gun owners and Second Amendment rights groups have expressed concern that the new law infringes on people’s civil rights. Gun groups contend that the law could allow their constitutionally protected right to bear arms to be challenged...

When two parties file for a divorce in Illinois, an Illinois family court will often apportion, or divide, the marital property between the parties. Illinois courts have a duty to apportion the property, spousal maintenance, and support in a way that upholds the interests of justice. In some divorces, apportionment is relatively straightforward. However, when two spouses enter into agreements to help one another finish expensive higher-level education, the apportionment can become more complicated. Divorcing spouses must divide up their...

While watching television, you see a police officer place handcuffs on a suspect. The police officer proceeds to tell the suspect that he has the right to remain silent and that anything he says can and will be used against him in a court of law. Police officers on television and in real life offer these statements to comply with Supreme Court rulings enforcing the Constitution’s Fifth Amendment right to remain silent. The Fifth Amendment states that no suspect "shall...

Your friend’s annual Halloween bash is the most anticipated party of the year. You invite a few friends over for a some drinks before the party as you plan on carpooling. You are deemed the designated driver for the night, and believing you are still under the legal limit with a few drinks in you, you hop in your car and head out on your 15-minute drive to your friend’s place. Meanwhile, a young family is out trick or treating...

Red flag gun laws have received increased attention after several recent mass shootings. These types of gun control laws make it easier for state governments to remove firearms from certain people who own them. Some members of Congress are considering creating a federal grant program that would offer incentives for more states to pass red flag gun laws. Illinois recently passed its own red flag gun law, the Firearms Restraining Order (FRO) Act. The primary purpose of the law is...

Expert witnesses in criminal trials are in high demand mainly because the amount of criminal court filings has increased. The United States Courts report that in 2018, filings for criminal defendants rose by 8% in U.S. federal district courts, reaching a total of 81,553. According to the Illinois Courts’ Annual Report, prosecutors filed over 280,000 criminal cases in the state of Illinois. If you are facing a criminal charge in Illinois, it is essential to consult with a skilled Cook...

In the summer of 2019, allegations arose that two special education paraprofessionals, or support workers, mistreated seven special education students. The paraprofessionals in question worked for the Special Education District of Lake County’s Gages Lake School. The paraprofessionals were attempting to use behavioral interventions to discipline the students when the alleged mistreatment happened. The paraprofessionals in this case allegedly used excessive force when physically restraining seven special education students. The students who allegedly suffered harm were between 7 and 9...