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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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The Criminal Appellate Process in Illinois

posted on 12/20/14

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...

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The Reach of the Fourth Amendment Guarantee Against Unreasonable Searches and Seizures

posted on 12/12/14

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...

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How Social Media Affects Your Divorce or Other Civil, Criminal Case

posted on 12/10/14

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...

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Dangers Associated with Bitcoin Internet Shopping Over the Holidays

posted on 11/30/14

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...

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Permitting Underage Drinking in Your Home is a Criminal Offense, Even at Holiday Dinners

posted on 11/27/14

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...

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The Line Between Child Abuse and Acceptable Corporal Punishment

posted on 11/19/14

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...

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Are You Considering a Prenuptial or Postnuptial Agreement?

posted on 11/5/14

There are many things to consider before you get married, including whether to sign a prenuptial agreement. A prenup (also known as a premarital agreement) is a contract between you and your future spouse that takes effect when you marry. It is essentially an agreement that discusses how assets will be divided upon separation or divorce. The Prenup Entering into a prenup is not the right option for every couple. Some might fear that a prenup sends a message that...

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Getting Your Driver’s License Reinstated after a DUI Conviction

posted on 10/29/14

Illinois law permits the Secretary of State to suspend or revoke a driver’s license for various reasons, including for driving under the influence (DUI), failure to pay child support and having five or more toll way violations. Other offenses that may result in suspension or revocation include: Automated traffic violations – If you are photographed running a red light five or more times and you fail to pay the subsequent fines; Failure to appear – If you fail to appear...

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Does My Internet Activity Amount to Cyberstalking?

posted on 10/27/14

For better or for worse, we may spend too much of our lives on social media: Facebook, Twitter, Instagram, Pinterest and numerous platforms that allow us to share our ideas, photos and personal thoughts with the world. While there are benefits to forging such electronic connections, there are also consequences. For example, the more we share on the Internet about our personal lives, the more vulnerable we become to cyberstalking. Cyberstalking is a serious offense. It is a Class 4...

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Schaumburg Criminal Law Firm Announces Name Change and Expanded Legal Services

posted on 10/23/14

Schaumburg criminal defense law firm The Law Offices of Thomas Glasgow, Ltd. announces name change to Glasgow & Olsson effective October 15, 2014. The Law Offices of Thomas Glasgow, Ltd., a well-known Schaumburg criminal defense law firm, has officially changed its name to Glasgow & Olsson. Schaumburg criminal defense lawyer and Founder Thomas Glasgow announced the name change effective as of October 15, 2014. In addition to their name change, the Schaumburg law firm is pleased to announce they have expanded...

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Same-Sex Couples Have Right to Marry, And Right to Divorce

posted on 10/21/14

Until last year, Illinois defined marriage as a union between a woman and a man. The marriage equality bill that Governor Pat Quinn signed in 2013 became law on June 1, 2014. Now, gay couples have the same right to marry as straight couples. That right affords benefits that were once out of reach. While same-sex couples already had the right to enter into civil unions in Illinois, the right to marry came as a personal – and financial –...

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Police Must Obtain Warrant to Search Cell Phone Content

posted on 10/9/14

Have the privacy protections guaranteed by the U.S. Constitution disappeared in the current digital age? If you are active on such social media platforms as Facebook and Instagram, you might harbor some doubts. However, you can rest assured that at least some of your technological activity is protected. In June, the U.S. Supreme Court unanimously ruled in Riley v. California that the police must obtain a warrant before they can search an arrestee’s cell phone. Chief Justice John Roberts wrote...

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