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PBTs vs. Station Breath Machines

posted on 4/30/15

Illinois police officers and prosecutors have been cracking down on motorists driving under the influence (DUI). When a driver is stopped for a DUI, police may administer a breath test to help them determine whether the driver was in fact under the influence of alcohol at the time. You have a right to refuse these tests.  In some cases, an officer will request that you submit t a breath test during the stop. Other times, the police will request a breath...

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Medical Marijuana and Driving Under the Influence

posted on 4/23/15

In Illinois, a driver who is unsafely impaired by drugs or alcohol could face a DUI charge. DUI, or driving under the influence, is a serious criminal charge in Illinois. A driver convicted of DUI, even for a first offense, can face stiff penalties. State DUI laws are complex, and are made even more complicated by recent changes to Illinois medical marijuana laws. If you are a medical marijuana user, read the important information below. Changes to Illinois DUI Laws...

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Synthetic Drugs in Illinois

posted on 4/22/15

Drug laws are changing in many state throughout the country, and Illinois is no exception. Recent changes to state law create new drug charges and harsh penalties related to buying, selling, making, and possessing synthetic drugs. Some of these drugs used to be legal to buy and sell, so some users may not realize they are breaking the law. As with all drug charges, the state aggressively prosecutes synthetic drug crimes. Read the information below, and learn more about how...

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Drugged Driving in Illinois

posted on 4/9/15

Most Illinois drivers are aware of state laws prohibiting drunk driving. Many drivers are also aware of the potential legal consequences of a drunk driving conviction. All drivers should be familiar with state laws prohibiting drugged driving, as well. A conviction of drugged driving, commonly referred to as driving under the influence of drugs (or DUI-D), could lead to many negative consequences. Such penalties upon conviction could include steep fines and jail time, even for a first offense. Learn more...

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Violations of Probation in Illinois: Felony and Misdemeanor

posted on 3/31/15

What Is Probation? Probation is a criminal penalty that is ordered upon conviction of crime. In some cases, a judge may find that jail time is inappropriate, and will instead order probation. It is important to note that probation is not merely a judicial warning or a slap on the wrist. While probation is obviously less severe than jail time, there may be strict requirements that go along with this penalty. Such requirements are the conditions of your probation, and...

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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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