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Delta Places Loud Passenger on Permanent No-Fly List

posted on 12/4/16

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...

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Presidential Pardons Reach Record High

posted on 12/4/16

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...

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Too Much of a Good Thing?

posted on 12/4/16

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...

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License Suspension in DUI Cases

posted on 11/28/16

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...

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Remedies and Defenses in Plenary Protective Order Matters

posted on 11/27/16

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...

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The Pen is Mightier Than the Sword: Emergency Protective Orders

posted on 11/21/16

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...

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Post-DUI Conviction Driver’s License Reinstatement

posted on 11/21/16

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...

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Celebrity Divorces Highlight Property Agreements

posted on 11/13/16

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...

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Should I Take a Breath Test?

posted on 11/13/16

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...

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The Civil Consequences of Domestic Battery

posted on 11/4/16

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...

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Pot Possession is Still Illegal in Illinois

posted on 11/4/16

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...

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Man With Concealed Weapon Foils Criminals

posted on 10/30/16

A gun owner fatally shot a 23-year-old man in Chicago, apparently during a robbery attempt. A 32-year-old man, whose name was not released, told police that he and a friend were sitting in their car on South State Street when two armed men accosted them and demanded money. The man, who had a valid concealed carry license according to Chicago Police Department Officer Ana Pacheco, shot one of the men in the head. 23-year-old Tramel Gray, of Flossmoor, was pronounced...

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Paternity in Illinois: Strengthening Emotional Bonds by Creating Legal Ones

posted on 10/30/16

In a bygone era, most households included only a married mother and father - who had never been married to anyone else - and their pure biological children. That notion of a family has evolved over time, and in 2014 the Census Bureau reported for the first time that most children live in “experienced family law attorney in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.

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Carrying a Concealed Weapon and Self-Defense

posted on 10/23/16

In the 1959 film Anatomy of a Murder, small-town lawyer Paul Biegler (James Stuart) agrees to defend troubled Army Lieutenant Fredrick Manion (Ben Gazzara) when Lt. Manion is charged with murdering a man who may have been his wife’s lover. After a consultation, Mr. Biegler tells his client that there are four possible murder defenses: ‘it wasn’t you, it wasn’t murder, it was justified, or there was an excuse.’ Justification and excuse are both affirmative defenses in homicide cases, and...

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Discovery in Divorce Actions

posted on 10/23/16

After the judge enters temporary support and custody orders, the parties in civil cases, including divorces, usually begin discovery. This is essentially the evidence-gathering process in these matters, and both parties are obligated to share information with each other. In a few cases, discovery is rather informal and may involve little more than exchanging W-2s and paystubs. But in most cases, there are assets to divide and debts to apportion. There may also be telltale signs that one spouse is...

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