Archive, June 2015.

When you receive an Illinois traffic ticket, you will be notified on the bottom of your ticket whether or not you are required to appear in court. For certain offenses, such as: Driving While License Suspended, No Insurance, Failure to Reduce Speed to Avoid an Accident, and Speeding 26+ miles per hour over the speed limit, you will have no choice but to appear in court.

If have been arrested for DUI, you should have been warned by the arresting officer that your drivers license will be suspended starting on the 46th day after your arrest. You should have further been advised as to the length of your suspension. This particular suspension, called a statutory summary suspension, is triggered by either a failed breathalyzer test or a refusal to submit to a breathalyzer test.

People sometimes wonder where their divorce or child support case is going to be filed. Generally, the case will be filed in the county where you reside. If, however, you and your spouse reside separately and you have children, the case should be filed in the county where the minor child is residing. This is also true for parents who are not married. You do not have to file a dissolution of marriage proceedings in the county in which your marriage took place.

If you are the parent of a teenager or preteen, you may be wondering when you can legally leave your child home alone or in the care of an older sibling. Pursuant to Illinois Statute, a child 13 years of age or older can be left alone without adult supervision. However, a child under the age of 13 must be left in the care of a person 14 years of age or older. These guidelines are set forth in the Illinois Criminal Code, which defines child abandonment as:

If your child has been removed from the United States and you are seeking his or her return, there are international legal instruments, recognized in the U.S. Courts, that you can resort to. If a child is from a country that has signed the Hague Convention and the country to which the child has been taken to is also a signatory, then we can resort to the Hague Convention for help. If the other country is not a signatory of the Hague, then we can rely on the UCCJEA (the Uniform Child Custody Jurisdiction and Enforcement Act). If you are faced with issues relating to international or inter-…

If you have minor children, you need a Last Will and Testament. One common misconception is that a Will is unnecessary if you don't have many assets. However, that is not the case. A Will serves many purposes other than setting forth your wishes for distributing your assets upon your death. When you are the parent of a minor child, a Will is your tool to designate a guardian for your minor child(ren) in the event of your untimely death. Your Will can further establish a Trust to ensure that your children are financially provided for and your assets are distributed to them periodically as …

Vehicular heatstroke causes far too many infant deaths, especially on hot summer days like today. This article contains one family's heartbreaking story, along with a few helpful tips to avoid unintentionally leaving your infant or toddler in your car on a busy day. Forgotten childcare drop-off is the number one known cause of vehicular heatstroke deaths in children.

A Few Things You Need to Know About Police Interrogations 6/10/2015 0 Comments

Both parties have to fully and completely disclose all of their assets during a divorce proceeding. That includes, for example, disclosure of income (from all sources), bank accounts and retirement accounts. Unfortunately, sometimes one of the parties is less than forthcoming in making such disclosures. In order to force the other side to disclose his or her assets, we can file a Motion to Compel discovery responses and we can also issue subpoenas to your spouse's employer or banks and obtain his or her financial information directly from them. If your spouse is still not forthcoming in …

Many people who are not fully financially independent and who are considering divorce, worry how they will survive the duration of the proceedings without the other spouse's financial help. The good news is that during the proceeding, the parties should maintain status quo with regards to their financial obligations. If a spouse stops paying for his or her share of the bills or tries to withdraw money from an account, a petition for temporary relief can be filed. The court can then order the other spouse to make payments during the divorce and to maintain said status quo.

If you hold a commercial drivers license* and receive a traffic ticket, it is important that you fully understand the impact of pleading guilty to the traffic offense for which you were cited. Even though your ticket might advise you that "no court appearance is required," mailing the ticket in along with payment of the fine is a plea of guilty and may result in a conviction on your record. Even a disposition of court supervision for an ordinary moving violation can have a serious impact on your commercial drivers license, your insurance rates, and ultimately, your employment.

Before you enter into a custody agreement, you should make sure that you have a full and complete understanding of the agreement. For example, it is important to understand that if you enter into a Joint Parenting Agreement (JPA), absent showing of "serious endangerment", you will not be able to modify custody for two full years after the entry of the agreement. Moreover, with joint parenting agreements, the Court will also not modify your agreement unless you and your ex attend mediation to first try to resolve whatever parenting issues you may have. Mediation does not, however, apply to …

The major change to the Illinois Eavesdropping Law is that individuals can now record public conversations without obtaining consent from all parties involved. This includes allowing individuals to record police officers during traffic stops and arrests without fear of being charged with the separate offense of eavesdropping. However, it is still illegal to record conversations with individuals who have a "reasonable expectation of privacy" in that conversation. But what does that mean exactly and how do you know if the person you are communicating with expects the conversation to remain …

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