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Schaumburg Criminal Defense Lawyer Will Moderate 2nd Annual DUI Defense Institute Program

posted on 3/23/15

Schaumburg criminal defense lawyer Thomas T. Glasgow will moderate the 2nd Annual DUI Defense Institute Program on March 17 and 18. Schaumburg criminal defense law firm Glasgow & Olsson is pleased to announce that Partner Thomas T. Glasgow will moderate the upcoming 2nd Annual DUI Defense Institute Program. The 2nd Annual DUI Defense Institute program will take place on March 17 and 18 at the UBS Tower and Conference Center located at One N. Wacker Dr., 2nd Fl., Chicago, IL 60606. The...

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Understanding the New Eavesdropping Law in Illinois

posted on 3/23/15

In March 2014, the Illinois Supreme Court ruled that the state’s eavesdropping statute was unconstitutional. Specifically, the court found that the statutory language was too broad because it criminalized recordings of public conversations, such as political debates on college quads. The court reasoned that the law violated the First Amendment because it does not make sense to penalize “eavesdropping” when the speaker has no expectation of privacy. In December, Governor Pat Quinn signed new eavesdropping rules into law. Under the...

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Claiming Dissipation in a Divorce Proceeding

posted on 3/15/15

Dividing marital property during a divorce is not always as simple as deciding who gets what. Sometimes, dividing marital property is a matter of determining who spent what, and whether that spending constituted dissipation. Dissipation occurs when a person wastes money or other property to prevent his or her spouse from getting those assets in a divorce proceeding. Specifically, Illinois law defines dissipation as a person’s use of marital property for his or her sole benefit for a purpose unrelated...

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Five Things to Know About Driving Under the Influence in Illinois

posted on 3/5/15

Driving under the influence is a serious offense. A driver whose blood alcohol concentration is 0.08 percent or higher – due to consumption of alcohol, drugs or any intoxicating compound – is guilty of a Class A misdemeanor, punishable by imprisonment (less than a year) and a fine up to $2,500. If the driver commits a second offense, he can also be sentenced to five days imprisonment or 240 hours of community service. If the driver was transporting a child...

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A Father’s Child Custody and Visitation Rights

posted on 2/28/15

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...

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Top Ten Mistakes Divorcing Couples Make

posted on 2/18/15

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...

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You Have the Right to Remain Silent

posted on 2/12/15

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...

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Illinois Police May Stop and Frisk Criminal Suspects

posted on 2/6/15

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...

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The Use of DNA Evidence in Illinois

posted on 2/2/15

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...

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Illinois Concealed Carry License Holder Found Not Guilty After Trial

posted on 1/23/15

Schaumburg criminal defense lawyer Thomas T. Glasgow of Glasgow & Olsson wins “first of its kind” Illinois concealed carry case for client. On January 16, 2015, in one of the first cases of its kind in Illinois, a concealed carry license holder was found not guilty after trial. In the case People v. Danielson (14 CM 00004034) held in Lake County, the concealed carry license holder was accused by the police of using his weapon improperly to defend himself and...

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Sexting and Related Criminal Offenses in Illinois

posted on 1/23/15

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”...

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Schaumburg Criminal Defense Lawyer Named 2015 Super Lawyer

posted on 1/21/15

Schaumburg criminal defense lawyer Thomas T. Glasgow of Glasgow & Olsson has been recognized as a 2015 Super Lawyer. Cook County criminal defense law firm Glasgow & Olsson is pleased to announce that Attorney Thomas T. Glasgow has been named a 2015 Super Lawyer. This year marks the third Super Lawyers recognition for Glasgow as he was previously named a Super Lawyer in 2012 and 2013. Super Lawyers is a rating service of exceptional lawyers across the country who have achieved substantial...

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Calculating Maintenance Obligations under the New Illinois Alimony Law

posted on 1/16/15

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...

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When a Defendant Is Not Guilty by Reason of Insanity

posted on 1/7/15

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...

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How Domestic Violence Victims Can Protect Their Pets

posted on 12/22/14

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....

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