In the state of Illinois, a DUI conviction can result in drastic changes to a person’s life. If convicted, a person can face significant fines, loss of driving privileges, and even potential jail time. On top of the consequences listed above, a person’s employment can be in jeopardy if convicted of a DUI. Despite the life-changing ramifications of a conviction, more than 20,000 people statewide were charged with driving under the influence of drugs or alcohol, throughout 2018 alone. If you are facing DUI charges, it is time to speak with a quality criminal defense attorney.

The Importance of a Skilled Attorney

When facing DUI charges, many people will wrongly assume that they cannot fight against the charges. The reality is that there are a number of defense strategies that can be used in a DUI case. First and foremost, police negligence or oversight can lead to evidence being viewed as inadmissible in court. For instance, if a police officer forces a person to take part in chemical testing, they are taking away the legal right that the defendant has to refuse chemical testing. If a law enforcement official fails to read the arrested party their Miranda warnings, any evidence gained from testimony or statements after the arrest will likely be viewed as inadmissible.

For many people, a home is not just the place where they live and form memories, but is also a valuable asset, which makes addressing ownership of these properties particularly important during divorce proceedings. Unfortunately, deciding who, if anyone, will retain the family home upon divorce can be difficult, especially when both parties have an emotional attachment to the residence, so if you are contemplating divorce and you own your home, it is important to contact an experienced Lombard, IL property division lawyer who can help protect your interests.

Dividing Marital Property

One of the first things that a divorcing couple should address when deciding the fate of the family home, is whether the residence actually qualifies as marital property. This is an important assessment, as it is only marital assets, or assets that were acquired by either party after the marriage took place, that will be subject to equitable division upon divorce. Generally, those who bought their home with their spouse won’t have to worry about this requirement, even if only one party’s name is on the deed. If, on the other hand, a person or his or her partner purchased the home prior to marriage, it could constitute separate property, which would mean that it would belong to the original owner exclusively upon divorce. The only exception to this rule applies in cases where both parties helped contribute to the home’s upkeep during the marriage. In these situations, the asset could be considered commingled and so the property of both parties to some degree.

In the state of Illinois, a DUI conviction comes with significant legal consequences. If convicted, a first-time offender will face Class A misdemeanor charges, fines up to $2,500, and up to one year in prison. It should also be noted that a DUI conviction can impact a person’s car insurance payments, ability to legally and freely drive, and even their employment status. While these may seem like steep criminal punishments, there are a number of aggravating factors that can elevate a DUI charge to an aggravated DUI and result in even stronger charges in a DUI case. Below we will examine some of the most common aggravating factors in Illinois, and the impact of an aggravated DUI conviction.

What Is an Aggravated DUI?

In the state of Illinois, a person will be convicted of driving under the influence, if they are apprehended while operating a motor vehicle with a blood alcohol concentration of 0.08 or higher. That being said, if aggravating factors are present, the DUI charge will be elevated from a misdemeanor to a felony and be classified as an aggravated DUI. The severity of the felony charges will depend on the aggravating factors, but in most cases, the driver will face Class 4 felony charges. It should be noted that a person convicted of an aggravated DUI may face a one- to three-year prison sentence.

When a person is arrested and charged with a crime of some severity, the implications of the charges do not end with potential jail-time. The truth of the matter is that a serious charge can impact a person for the rest of their life. Having a significant criminal charge on your criminal record can impact a person’s ability to secure employment, housing, and advanced education opportunities. Fortunately, in some instances, it is possible to have charges expunged from your criminal record. Below we will discuss expungement in Illinois, and the importance of speaking with your attorney regarding your options.

Understanding Expungement

In the state of Illinois, a person can seek expungement of an arrest that did not result in a conviction. If the charge is expunged from your record, it will be erased from all records and databases. If you are seeking to remove a conviction from your criminal record, you may be able to have your record sealed. While sealing your record will not remove the conviction from your criminal record, it will remove it from visibility by potential employers and other officials. It should also be noted that if a conviction is ultimately reversed, a person can seek to have the charge expunged.

Due to changes in Illinois state family law, child custody is now referred to as parental responsibilities, still, the definition remains the same. If a parent is awarded parental responsibilities, they will essentially be granted custodial privileges. In the state of Illinois, parents can be awarded decision-making power as well as parenting time. While many couples seek to secure the overwhelming majority or all of the parental responsibilities in a divorce, the truth is that sharing parental responsibilities can be in your child’s best interest. If you are seeking a divorce, it is critically important to speak with a knowledgeable parental responsibilities attorney.

Your Child Maintains a Relationship With Both Parents: While visitation rights can still be granted in a divorce in which one parent is awarded all parental responsibilities, a child can benefit greatly from living and experiencing life with both parents. If you and your spouse both believe that you are capable parents, it may be time to work with your attorney to come to an agreement on the issues surrounding parental responsibilities, such as parenting time. Working with your spouse to develop a parenting plan can ensure that you have the flexibility to develop a schedule that will be conducive to your child’s lifestyle.