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If you are facing criminal charges in Illinois for the first time, it can be a stressful and even frightening experience. The criminal justice system can feel overwhelming, especially if you are unaware of what the process will be before your case has reached some sort of resolution. The following are some of the general criminal law terms that you may hear during this process. For more detailed information about your particular situation, consider speaking with a DuPage County criminal defense attorney from our firm.
The arraignment is where a defendant has their first court appearance following their arrest. There will be a formal reading of the charges that have been brought against them and they will enter their plea (not guilty, guilty, or no contest). The arraignment is also where the judge will set a bail amount, as well as issue any restrictions should the defendant be released. Following the arraignment, the defendant will be remanded until they post bail.
When you and your spouse make the decision to get a divorce, your assets must be evaluated, in order to determine a fair split of the property you accumulated during the marriage. One of the most complex evaluations you will experience is the appraisal of any business you own together. Business valuations can quickly grow contentious and accusatory, and having the right attorney on your side may make the difference between an equitable settlement and a long period of fighting.
Unless there is a prenuptial agreement that addresses the distribution of the business shares, an apportionment (dividing-up of business assets) is necessary when a couple is divorcing. When a couple has worked in the same business, it can be quite difficult to tell what impact each spouse has had on the company, as opposed to as a collective. One of the most common issues that often needs to be addressed in business evaluations is the perception of each spouse and how it may radically differ. For example, one spouse may look at the business and see the worst-case scenario, while the other may see only growth.
Domestic violence in the United States is a serious issue that can threaten mental, physical, and emotional health. According to the National Coalition Against Domestic Violence (NCADV), 41.5% of women and 25.9% of men living in Illinois have or will experience some form of domestic violence in their lifetime. The lasting psychological and potentially life-threatening physical effects of violence are serious, and victims should know how to remove themselves from a dangerous situation safely. Orders of Protection are available to help protect victims from their abusers.
To obtain an Order of Protection against an abuser, a victim must file a petition for a hearing. It is essential to have all of the proper evidence to explain to a judge the situation in which an Order of Protection is necessary. If you are looking to submit a petition, you should include:
Battery and assault charges are serious crimes. In Illinois, assault and battery are two separate charges that are sentenced differently. Assault refers to the threat of violence where battery involves physical contact. However, there are different variations of battery charges ranging from minor misdemeanor charges to felony charges. Depending on the nature of the situation, the relationship with the other party involved, and other aggravating factors, an individual accused of battery in Illinois may face significant jail time. If you or a loved one were charged with battery, seek experienced legal counsel to fight the charges.
Domestic battery is defined as making aggressive physical contact with a member of your household or family. Those charged with domestic battery must have caused bodily harm without legal justification. This means that the physical violence that occurred was not a result of self-defense or any other justifiable reason. Typically, domestic violence includes:
Retail theft in Illinois is defined as a person who intentionally takes, alters, or transfers an item for sale to avoid paying the listed retail price. Retail theft comes in many ways, shapes, and forms. It can be charged anywhere from a class A misdemeanor to a felony, and perpetrators may have to serve jail time and pay a steep fine. It is helpful to understand the various types of in-store theft and its charges to prevent a criminal charge for a retail crime.
Illinois law characterizes retail theft as any intentional alteration or theft of a product to avoid paying the actual price or value of that product. There are a few key actions that can lead to a retail theft charge in the state of Illinois including:
Shoplifting by taking the item without paying for it — Taking possession of an item and carrying it away without paying for it is one of the most common ways retail theft occurs. Taking possession of an item to steal includes putting the item in a purse or bag, stuffing it into a jacket or pocket, or hiding it from view to walk out of the store without paying.
After completing the marriage dissolution process, the spouses will have a legal divorce decree outlining all of their responsibilities and division of assets from the marriage. If the couple had children together during the marriage, the divorce decree will also include information regarding parenting time and child support payments, if necessary. The information found in the divorce agreement is especially important when one or both spouses decide to make a change in their lifestyle following the divorce. Whether a spouse decides to begin a new job, remarry or relocate with joint custody, the decree will dictate what is permitted and what is not to maintain the responsibilities outlined from the divorce.
When deciding to relocate while you have joint custody following a divorce, it is important that you understand what is outlined in your divorce agreement. Typically, the court will allow a spouse to make any personal lifestyle changes as long as it coincides with what is written in the individual divorce decree.
A driving under the influence charge, or DUI, is a serious crime in the state of Illinois. A person can be charged with a DUI if they are operating a vehicle with a blood-alcohol level of 0.08% or higher, or are otherwise impaired by substances. Typically, a first-offense DUI is a Class A misdemeanor, which can result in up to a year in jail or $2,500 in fines. However, the consequences for a DUI increase for a variety of factors including repeating offenses, injuries resulting from a DUI car accident, or if there were minors in the vehicle at the time of the DUI. A DUI charge coupled with one of these factors could lead to an aggravated DUI charge.
Many different factors can lead to a DUI charge becoming amplified into an aggravated offense. Aggravating factors include:
Repeat DUI charges
Divorce decrees are legal agreements that explain the court’s ruling on the dissolution of a marriage. Typically, these decrees are final, and they lay out how the spouses will divide their assets, pay spousal support and child support, and who gets the majority of parenting time with the children. Following a divorce, many factors can change that may lead a spouse to want to alter the divorce decree, including changing the amount of child support given or received. These modifications can be made by requesting a change in the divorce agreement through the court.
Every three years in Illinois, a child support court order is eligible to be reviewed for modifications. This three-year window is intended to allow significant changes to a parent’s life to occur that would warrant a child support change. However, in the case of a rapid change, the court may agree to review the child support order to meet the new needs of the family.
Whether it is a one-time adulterous act or an ongoing affair, being cheated on is painful. Many marriages are unable to survive an act of infidelity. If you are getting divorced and your spouse cheated on you, you may wonder how this can impact divorce. You may wonder if you will be entitled to a greater share of the marital estate or will gain an edge in child custody matters because of the adultery. Read on to learn about adultery may influence a divorce case in Illinois.
When you ask the court to grant you a divorce, you will need to state the reasons or “grounds” for the divorce. Illinois is a no-fault divorce state. This means that there are no fault-based grounds for divorce. You will not mention your spouse’s infidelity as the reason for your divorce in your divorce petition. Currently, the only ground available in Illinois divorce cases is “irreconcilable differences.”
Did you know that the average cost of raising a child from infancy to adulthood is over a quarter-million dollars? Between housing, groceries, extracurricular activities, and tuition, kids are expensive. Child support payments help cover child-related costs when parents are unmarried or divorced. In Illinois, child support is calculated using a statutory formula. But what happens when a parent has children from multiple relationships? Will he or she pay child support to both of his or her exes? What if the child support payments become too expensive to afford?
The parent with the majority of the parenting time, formerly called the primary custodian, is the recipient of child support. The parent with less parenting time is the payer. The amount of money a parent pays in child support is calculated using the Income Shares Formula. This formula takes both parents’ net incomes into account. The parents’ net incomes are combined, and this total is compared to the Income Shares Schedule to determine the total amount of financial support the child will need from both parents. This figure is then divided between the parents based on their share of the combined net income. For example, if a father’s net income is 60 percent of the combined net income, he pays 60 percent. The mother would be responsible for the other 40 percent.
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