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...

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...

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...

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...

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...

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...

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...

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...

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.

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...

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...

Many people still remember the sensational O.J. Simpson double murder trial that occurred in the 1990s. Although he was exonerated of the crimes in criminal court, a civil jury subsequently ordered Mr. Simpson to pay over $33 million in damages to the families of Nicole Brown Simpson and Ronald Goldman. In criminal court, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt, a standard that requires a high degree of certainty. But in a civil personal...

One of my early mentors once remarked that if he could only change one thing in the law, he would replace the “guilty or not guilty” labels with “proved or not proved.” Most court cases are based on evidence as opposed to a subjective view of right and wrong, and criminal cases are no exception. Therefore, one of the best ways to prevail at trial is to limit the amount of evidence against the defendant, and pretrial motions often accomplish...

Some local activists contend that changing to the concealed carry law is one of the best ways to reduce the amount of violent crime in Chicagoland. Lee Goodman, Nancy Goodman, and about two dozen other people descended on downtown Glencoe recently to convince local business-owners not to allow people to carry guns into their stores; the Goodmans and their fellow activists argue that a no-guns sticker in the window cuts down on accidental shootings, as well as so-called “rage shootings”...

When the Constitution was written, most criminal cases were disposed of via jury trial. So, to placate opponents who pointed out that there was no relevant protection in the original Constitution, the Founding Fathers quickly added the Sixth Amendment. In addition to a jury trial guarantee, this provision also guarantees some other important rights, like the right to directly confront accusing witnesses and the right to counsel. But about 100 years later, in the late 1880s, plea bargain agreements began...