Illinois Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Illinois
November 25, 2015 By Law Office of Bradley L Schencker
Choosing an attorney can be a mind-numbing experience. That first meeting can be scary, but simple preparation will make the experience better. Most attorneys offer free initial consultations, which is a time for you meet, briefly discuss your situation, and then decide if you want this person to work for you. What you may not have thought of is that the attorney is also looking across the desk and deciding whether he/she wants to work with you.
November 15, 2015 By The Homer Law Firm,P.C.
The list of reasons supporting the consideration of consulting with an "Estate Planning Attorney" is long and an important consideration by those of us wanting to assure that our assets get divided and passed on to our loved ones and others in a way that reflects your wishes.
We live in a culture where marriages are not always “till death do us part.” Although most engaged couples imagine that their marriage will be a lifetime of shared bliss and cooperation with finances, the truth is that approximately 20 percent of marriages end within five years and more than 30 percent end within 10 years. This is why it is important to consider all possibilities for the future before you get married
As the end of the summer draws near, tens of thousands of Illinois students and their parents are actively preparing for the upcoming school year and the changes it will bring.
Mediation is a form of alternative dispute resolution, that is, a mechanism for resolving matters outside of the courtroom. Mediation is becoming an increasingly popular form of resolution for divorce settlements, in particular because it involves settling differences between spouses in front of a private mediator, rather than the court system.
The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.
With many states jumping on the marijuana legalizationn bandwagon, whether it be for medical or recreational use, “legalization” and “decriminalization” are two words often used interchangeably, although they have different meanings under the eyes of the law.
Anyone arrested for a drug case is always concerned about possible consequences and how the case may be defended.
“Aggravated speeding” is a relatively new criminal offense in Illinois. It is classified as a class B misdemeanor if the speed is between 26 – 35 mph in excess of the posted speed limit and classified as a class A misdemeanor if the speed exceeds 35 mph over the posted limit.
Which criminal offenses require registration as a sex offender?
Over 145,000 laborers across the U.S. work in warehouses, as the Occupational Safety and Health Administration reports. Sadly, about one in 20 of these workers will suffer injuries in a given year, according to data from the U.S. Bureau of Labor Statistics. Due to the hazards present in most warehouses, the following serious injuries are especially common among these workers.
Police will often use a person’s presence in a high-crime area, coupled with unprovoked flight as sufficient to justify an officer’s brief, investigative stop. Illinois courts have decided that this was consistent with previous decisions recognizing a citizen’s right to ignore the police, as it found that unprovoked flight is not simply refusing to cooperate but is suspicious conduct that allows the police to investigate.
When a crime is allegedly committed using the internet the first question is always, “Where should this case be handled?” Should it be in the state where the offender committed the offense? Should it be where the victim lives? Should it be somewhere else like in federal court?
Once you are arrested what you say and do in the presence of the police becomes that much more important to protecting your freedom. Because your freedom is at stake, what you say and do can mean the difference between guilty and not guilty.
I always advise my clients not to speak with the police or any law enforcement authority without an attorney present. This is common sense to an experienced criminal defense attorney but to the citizen who has never had contact with the police, the desire to explain his or her side of the story and defend themselves is a natural instinct.
If you are one of the millions of Americans that have gone or are going through a divorce with children, you are probably very familiar with the term child support.
Paternity is the legal term for the relationship between a father and his child. While maternity is always apparent, sometimes there may be questions as to who is the father of the child. When these questions arise, intervention of an experienced family law attorney is warranted.
We’ve all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives.
Like it or not, cell phone use is a part of life in the 21st century. People use their phones for everything regardless of rules against their use in cars, public transportation, and certain public spaces like gyms, restaurants, and churches. Statistics have shown that driving a car while using a cell phone can cause accidents.
The victims of personal injuries often live with many harmful long-term consequences. These individuals may suffer from ongoing health complications or permanent disablement. Many injury victims face challenges performing daily activities, from work to hobbies. Sadly, some victims also develop debilitating mental illnesses or disorders.
Facing deportation can be scary. If you are facing the possibility of being deported from the United States, you need to contact an experienced immigration defense attorney as soon as possible to begin working on your case's defense strategy. Deportations are governed by the Immigration and Nationality Act of 1965.
Wrongful convictions can destroy lives. Being convicted of a crime one did not commit can land an innocent person in prison, saddle him or her with fines and legal fees, and destroy his or her career and relationships while the truly guilty party lives free.
Minor in possession. Open container violations. Driving under the influence. Minors are particularly susceptible to committing these alcohol-related crimes in peer-driven situations while still underage. Some parents have resigned to the fact that their children will drink regardless of their efforts, and will do everything they can to keep them safe—even if that means breaking the law themselves.
In 2013, about 2.3 million people in the U.S. suffered injuries in car accidents, according to the National Highway Traffic Safety Administration. These accidents are often traumatic, so it’s not surprising that many people don’t know how to react afterward. Unfortunately, a poor response to a serious accident may later prevent a person from receiving compensation for any associated injuries.
Spouses do not typically go into marriages anticipating the marriage will fail. Likewise, partners do not begin a business thinking that it will be anything but successful. When the two worlds collide, a divorce settlement may adversely affect the future of a business, particularly when the spouses were business partners.
We live in an age where we constantly feel the need to let everyone in the world around us know exactly where we are at all times. This is made possible by social media sites such as Twitter, Facebook, Instagram, LinkedIn and other similar networking and social sharing pages.
Thousands of products are recalled every year due to manufacturing defects, poor product design that creates unsafe conditions for users, or a lack of adequate safety information about the product included with its packaging.
A product may be defective due to errors in design and production or due to the manufacturer’s failure to provide adequate instructions and warnings.
If you have not divorced in Mexico, but you remarried in the United States, could this affect you? In short, yes. If you are married to another person anywhere in the world, you may not marry again until your first marriage is formally ended.
The prenuptial agreement. We hear about it in movies, on television, and may have signed one or know someone that signed one before entering into marriage.
Going through a divorce when children are involved can be emotionally draining and challenging for the entire family.
One of the greatest and most obvious concerns newly divorced parents have is in regards to their children. Divorce proceedings can be time-consuming, expensive, emotional, and very difficult on a family.
The Illinois legislature has recently taken critical, necessary steps to ensure the safety of women suffering from domestic violence.
January marks a new beginning for all of us: new year, new goals, new life. On the flip side, January is also historically the month where the most divorces are filed.
Sources of cognitive distraction that many drivers may encounter include electronic devices, in-car systems, passengers and printed materials.
Confidentiality clauses in lawsuit settlement agreements have become more common over the years, but secrecy in settlements can be harmful for injured plaintiffs and for the public.
Following the deaths of Eric Garner, Tamir Rice, and Mike Brown, Americans began to start asking more critical questions about transparency in law enforcement. Many groups and individuals called for increased surveillance and some municipalities in the United States went so far as to equip police officers with body cameras so all their actions on the job could be monitored.
If you are facing foreclosure, don't give up hope just yet. There are ways you can work to keep your home. Before signing away your deed or allowing the bank to foreclose on your house, contact an experienced foreclosure attorney to discuss the options that are available to you. Depending on your circumstances, keeping your home can be fairly simple or require a more complicated strategy.
While the ideal situation is being able to amicably divide your assets upon divorce, that might not always be the case. Even if you are willing to work with your ex-spouse in dividing property and other assets, things can get complicated quickly.
Along with building snowmen, dodging snowballs and relaxing with a warm mug of cocoa by the fire, sledding is a fond childhood memory for millions of Illinois residents. But in recent years, safety and liability concerns over the beloved winter pastime have prompted cities across the country to close hills to sledders.
Mesothelioma cancer develop in your body and may not show up for years after. There's no way to prepare for the cost so once you're diagnosed, start asking questions right away.
Drivers can reduce their risk of truck accidents by leaving extra space, avoiding blind spots, pulling over safely and using caution in intersections.
To hear some critics tell it, Illinois is overrun with too many lawsuits. Travis Akin, of the group Illinois Lawsuit Abuse Watch (I-LAW), claims that “jackpot justice” has turned the Illinois courts into a “judicial hellhole.”
A genetic mutation that increases the odds of developing mesothelioma has now been identified as the same mutation that leads to an increase in survival time.
Drivers can reduce their risk of wintertime car accidents by preparing their vehicles for winter driving and adjusting their driving techniques.
Illinois has seen many positive changes in support of women’s equality recently. In addition to signing an amendment to the Equal Pay Act that will centralize workplace discrimination investigations, Governor Quinn also signed into law a bill that will expand accommodations for expecting and new mothers.
During the winter months, the risk of being involved in a car accident increases. According to the Federal Highway Administration, approximately 23 percent of the car accidents that occur each year are caused partially or entirely by poor weather conditions. During the 2009-2010 winter season, Illinois was one of the top 10 states for weather-related traffic fatalities.
Earlier this year, HB5701, the Job Opportunities for Qualified Applicants Act, was passed and signed into law in Illinois. This law is more colloquially known as the Ban the Box law and presents Illinois job applicants with greater opportunities to secure employment. Similar laws are becoming popular throughout the United States. Currently, 12 states have statewide Ban the Box laws and 19 states contain at least one city or county with this type of law.
Illinois joined the growing group of states to allow the use of medical marijuana.
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.