Blog
Free consultation630-953-3000
Blog
Your Voice Matters
Many people who are arrested or charged with a crime are surprised to learn that even if they are found not guilty, or their charges are dropped, they will still have a criminal record. These records can be accessed by the public, which can have significant repercussions for a person’s ability to find employment or secure housing. While it is possible to have one’s criminal record erased or sealed, doing so can be difficult, so if you were arrested for, charged with, or convicted of a crime in Illinois, you should speak with an experienced Naperville, IL expungement lawyer who can walk you through your options for clearing your criminal record.
There are actually three ways to clear one’s criminal record, the first of which is expungement. Expungement proceedings completely erase a person’s record of arrest or court supervision. Sealing, on the other hand, allows a person to hide his or her criminal record from most members of the public. Some individuals and entities will still have access to sealed records, including law enforcement agencies. Similarly, employers that are required by law to conduct background checks will be able to see sealed felony convictions, although they will not be able to see any misdemeanor convictions or cases that did not result in a conviction. Those who do not qualify for expungement or sealing could apply for a pardon from the Governor. This method does not, however, erase or hide a conviction. Instead, those who have received a pardon will have the option of applying for expungement.
When allocating parenting time between two parents who have decided to separate, Illinois courts are specifically directed to make their determination based on what would be in a child’s best interests. Although this may seem like a vague standard, Illinois law actually establishes what factors are important in determining a child’s best interests. Applying these factors to a particular case can, however, be a complicated process, so if you share a child with a former partner and need help coming up with a parenting plan that reflects what is best for your family, it is critical to consult with an experienced Naperville, IL child custody and parental responsibilities lawyer before proceeding with your case.
Like most other states, Illinois lawmakers adopted a series of factors that courts must consider in evaluating what is in a child’s best interests, including:
It is important, when going through the divorce process, to be as thorough as possible when addressing things like property division, alimony, and child custody, which includes considering one’s future needs. Unfortunately, even parties who use the greatest care could end up overlooking an important matter. In other cases, one of the parties could undergo a significant life change that makes their current divorce agreement unworkable. In these cases, the party in question can seek a post-judgment modification, although doing so can be a complicated and time-consuming process, so if you have questions about changing a parenting plan, alimony agreement, or property settlement, you should speak with a DuPage County, IL divorce attorney who is well-versed in post-decree modifications and enforcement.
Divorce decrees are legally binding orders, so courts are generally wary of modifying their terms. In fact, in some cases, it just isn’t possible to change a decree at all. Illinois judges do, however, recognize that some things are out of our control, or that a person’s circumstances could change after a certain amount of time has passed. A child support arrangement that made sense even a few years ago, for instance, may become obsolete or unworkable, in which case, a court may be willing to review and change the terms of the agreement. In any case, there are really only two ways to modify the terms of divorce-related agreements: by agreement or court order.
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.
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 Naperville, IL property division lawyer who can help protect your interests.
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.
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.
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.
Every single year, thousands of couples throughout the United States make the difficult decision to file for divorce. The divorce process can be increasingly complicated when children are involved. In the state of Illinois, child custody is now referred to as parental responsibilities. Parental responsibilities will define how time with the children and decision making is allocated between the parents. Due to the fact that the court will make their decision based on the best interest of the child, it is your responsibility to prove that you can provide your child with a safe and healthy living environment. Below we will examine some of the steps you can take to secure parental responsibilities during your divorce.
When you are awarded parental responsibilities, you will be in charge of ensuring that all of your child’s needs are met. This means that you will be tasked with providing your child with a healthy diet, getting your child to and from scholastic and extracurricular activities, addressing all medical needs of your child, and ensuring that some level of supervision is provided when you are not available to directly care for your child. In the state of Illinois parental responsibilities are divided into two categories: decision-making-power and parenting time.
Throughout the state of Illinois, hundreds of law enforcement officials statewide are tasked with keeping our roads safe. With that in mind, police personnel are constantly on the lookout for drivers that are failing to adhere to state traffic laws. While some traffic violations will only result in minimal fines and points against your driving record, others can lead to serious legal consequences. Below we will examine some of the more serious traffic violations in Illinois, and why you should seek legal counsel if you have been charged with a violation.
630-953-3000
1700 Park St., Suite 203F, Naperville, IL 60563
Evenings and Weekends by Appointment
