Thursday, September 29, 2016

Stop and Frisk

Legislation pertaining to constitutional requirements of stop and frisk practices were made into an area of concern by the Supreme Court when they encountered the case of Terry v. Ohio. While frisks were arguably illegal, before this point a police officer could only search someone either after arresting them or obtaining a search warrant. In the cases of Terry v. OhioSibron v. New York, and Peters v. New York. The Supreme Court granted limited approval in 1968 to frisks conducted by officers lacking probable cause for an arrest in order to search for weapons if the officer believes the subject to be dangerous. The Court's decision made suspicion of danger to an officer grounds for a "reasonable search"

Monday, September 26, 2016

Changes regarding custody and visitation rights

Prior to 2016, the parties were defined as a "custodial parent" or "non-custodial parent," and the "non-custodial parent" was allotted "visitation rights."  The terms "custody" and "visitation" have been done away with and replaced with "allocation of parenting time and responsibility."  The intention is to soften the blow for the parent who would have previously been labeled as "non-custodial" and to reduce disputes over custody. 

In addition, parenting responsibility is divided into four categories: medical, education, religious, and extra-curricular.  The responsibility for making decisions regarding each of these separate categories will be divided among the parents either by agreement or by order of the court. 

Tuesday, September 20, 2016

Grounds For Divorce In Illinois

As of 2016, the only grounds for divorce is irreconcilable differences.  Prior to 2016 the required period to live separate and apart would vary based on the grounds for divorce.  Now, as long as the parties agree to waive this waiting period, the spouses are not required to live separate and apart prior to filing for divorce.  If the parties cannot agree to waive the waiting period, they are required to live separate and apart for 6 months prior to filing for divorce.  

Saturday, September 17, 2016

Marijuana Breathalyzer Coming To Illinois

 A new breathalyzer being tested by  law enforcement not only can tell them if a person has been smoking marijuana, it can also tell if a person has eaten anything laced with marijuana.
 Oakland-based Hounds Labs, Inc. announced it was field-testing a device called The Hound that can detect tetrahydrocannabinol (THC) the active ingredient in marijuana after consumption of both smoked and edible pot products.
Stanford engineers have made a similar device dubbed the ‘Potalyzer,’ but it only detects smoked marijuana.
Both devices have drawn praise from law enforcement agencies.

Wednesday, September 14, 2016

Real Estate Sales Contract Illinois

     A contract is not “accepted” until an offer is made by one party and accepted by the other party.  If an offer is made and the other party makes a change to the offer rather than just accepting it as the offer was made, then the second party has made a counter-offer (the mirror image rule) and now the original offer or must accept the counter-offer to have a contract.  The parties must also communicate that there has been an acceptance.

Please contact Marder and Seidler for a free consultation at 847-985-6767

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Evictions In Ilinois

 There are two main reasons a tenant may be evicted: not paying rent on time or violating a portion of the lease or rental agreement.
If the tenant is being evicted for not paying rent on time, the landlord must give the tenant five days' notice to pay the rent (this is called a notice to quit or notice to pay rent or quit). If the tenant does not pay the rent within the five days, then the landlord can proceed with filing an eviction lawsuit, also known as a forcible entry and detainer suit in Illinois.
If the tenant is being evicted for violating a portion of the lease or rental agreement (for example, by having a dog when no pets are allowed), then the landlord must give the tenant ten days' notice to move out of the rental unit. If the tenant does not move out of the rental unit within ten days, then the landlord can proceed with filing an eviction lawsuit.

Monday, September 12, 2016

Tree Removal

Residents of Chicago cannot remove trees on their private property with first getting a tree work permit from the Bureau of Forestry. The bureau issues them in conjunction with a liability insurance certificate, in case the removal causes any damage to the surrounding area outside private property lines. With the introduction of emerald ash borer to the area recently, the State of Illinois Department of Agriculture will also want an additional compliance agreement settled if a property owner intends to cut down an infected ash tree. There will also be additional work for a property owner intending to cut down a tree in an Asian Long-Horned Beetle quarantine zone.

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Friday, September 9, 2016

New law requires teaching motorists about police stops

The new law mandates that all driver's education classes include a section on what to do during a traffic stop. It targets the newest and youngest drivers. It is designed to reduce tension over how traffic stops can go terribly wrong and in the worst cases turn deadly.

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Wednesday, September 7, 2016

Juvenile Law

Cases involving possible child abuse, neglect and other cases involving children are heard by a judge in the Juvenile Court. Juvenile Courts also hear cases involving minors under age 17 who are charged with felonies or misdemeanors. The court’s main purpose is to help families and protect their children.

In a Juvenile Court proceeding, a judge hears the information presented and then, based on the hearing, enters court orders or instructions to parents, caseworkers from the Illinois Department of Children and Family Services (DCFS) or another child welfare agency. For example, the court may require a family to attend counseling or a parent to participate in substance abuse treatment. The judge may order visits to be supervised between parent and child or that certain services be provided to the family.
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