Lawyer Schaumburg

Whether a secret recording is illegal and unethical depends on where it takes place and why.

The first question to address is whether state wiretapping laws have been violated and whether the attorney secretly recorded the conversation in a state with a one-party consent or two-party consent law. In many states, a person can secretly record a conversation as long as one party knows of it, and that one party can be the recorder. These are called “one-party consent” states. Other states are two-party or “all-party consent” states. In these jurisdictions, all parties to the conversation must know a recording is taking place. Illinois is a two-party state.

But even if secretly recording another person is legal—as it would be in a one-party state—attorneys must also consider whether such recordings are ethical.

Lawyer Schaumburg

Record sealing has helped many to permanently secure or delete personal criminal records of felonies, misdemeanors, or even arrests when ultimately found not guilty. Generally speaking, when an arrest or a conviction occurs, it’s available to society via public records that anyone can access. This means that a record has the potential to follow a person everywhere, possibly undermining his or her ability to secure housing, employment, and career advancement. Having records sealed makes it so that a criminal record isn’t as accessible. It’s worth noting that there is a distinct difference between record sealing and expungement. In the case of an expungement, it is like the event never occurred, with a record even being destroyed. When a record is sealed, however, it is still kept on file by the government; the ordinary citizen cannot gain access to it.

Lawyer Schaumburg

 In Illinois, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. ... At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.

Schaumburg Divorce Lawyer

For divorces entered on or before December 31, 2018, alimony (maintenance) has been deductible to the maintenance payor. And the spouse receiving maintenance includes it as income for tax purposes.  What this means is that generally the alimony payor has received a tax break on alimony as paid.

Yes, there have always been exceptions.  These exceptions have included situations where the parties agree in writing as part of their divorce decree that alimony would not be tax deductible to the payor.  There have been other exceptions and the law has been complex including provisions for what is called alimony recapture, etc.  This post will not discuss those complexities.

For divorces and separation agreements entered on or after January 1, 2019:

• No longer will maintenance be deductible for the spouse who pays maintenance.
• The recipient no longer includes maintenance as taxable income.

The loss of the tax break of maintenance will have a significant negative impact on divorce cases where one spouse has high income.

Schaumburg Lawyer

 A new law in Illinois enhances the punishment for texting behind the wheel.

Starting in July 2019, drivers caught using cell phones while driving will not only get fined, but it will count as a moving violation that could lead to license suspension.

The new law signed this week by Gov. Bruce Rauner now makes the first ticket for texting and driving a moving offense. That means it goes on the offender’s record and can lead to a suspension if they commit two other violations in the next year.

Schaumburg Criminal Lawyer

Effective January 1, 2019, children under the age of two in Illinois must ride in rear-facing car seats. Governor Bruce Rauner signed the bill that established the law in August 2018

Schaumburg Lawyer

During a home inspection, the inspector should thoroughly evaluate the physical structure of the home as well as critical internal systems. You should make sure the examination includes the following:

● Electrical system● Plumbing system

● Heating and cooling systems

● Radon detection equipment, if applicable

● Walls, ceiling and flooring

● Windows and doors

● Roofing

● Foundation

● Basement

● Attic

● Insulation

While an inspection will give you an idea of a house’s overall condition, it might not uncover hidden problems such as pests, mold or asbestos. It also won’t turn up flaws in areas that are below ground or otherwise inaccessible to the inspector, like wells and septic tanks. To identify those types of problems, you’re going to need additional inspections

Schaumburg Lawyer

A home inspection is an all-encompassing examination of the condition of a home.   The home inspection process is often but not always performed at the time of the sale of the home. A home is one of the most important purchases one will ever make.  A home inspection is an inexpensive way to discover the universal condition of a home.  It is important to conduct a home inspection to avoid a costly mistake by purchasing a property in need of major repairs.  Even if you think you have found a “dream home,” it is a home inspector’s responsibility to let you know that your “dream home” may not be just right.

Lawyer Schaumburg

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.

Schaumburg DUI Lawyer

Unlike a misdemeanor DUI, felony aggravated DUIs have maximum sentences in excess of one year in prison. If a driver is convicted of an aggravated DUI, the court is required to sentence him or her to a minimum of 10 days in jail or 480 hours of community service.

Schaumburg Criminal Law

Effective January 1, 2019, children under the age of two in Illinois must ride in rear-facing car seats. Governor Bruce Rauner signed the bill that established the law in August 2018.

While there are no exceptions to this law, children taller than 40 inches or weighing more than 40 pounds are allowed in front-facing car seats. The new law leaves the penalties at the discretion of authorities. Illinois State Police say violators could face a $75 fine for a first offense and up to a $200 fine for a second offense.

Schaumburg DUI Lawyer

In Illinois, you cannot seal or expunge a DUI.  The only way you can get a DUI arrest or case expunged is if there are no charges filed (for example, if the case ends in a not guilty verdict, or the case is dismissed)

Schaumburg Criminal Lawyer

Too many traffic tickets in one year will cause the Illinois Secretary of State to suspend your driver's license. The rule is, 3 convictions for moving violations in 12 months will result in suspension. The suspension is mandatory, not discretionary.

Statute of Limitations-Marder and Seidler car accidents

The statute of limitations on a car accident in Illinois is the time limit for filing your case. In Illinois, there are two different time limits: an injured party has two years from the date of the car accident to file a lawsuit for personal injury and five years to file for property damage

Aggravated Speeding in Illinois

Under Illinois law speeding 26 mph or more in excess of the posted speed limit is no longer a petty offense, it is a misdemeanor criminal offense. Aggravated Speeding 26-34 mph over the posted speed limit is charged as a Class B Misdemeanor, punishable by up to six (6) months in jail and a $1,500 fine plus mandatory court costs.

 Aggravated Speeding 35 mph or more over the posted speed limit is a Class A Misdemeanor, punishable by up to twelve (12) months in jail and a $2,500 fine plus court costs.

For either of these offenses, a defendant who pleads guilty or is found guilty by the court faces the possible entry of a misdemeanor conviction on their public record among other penalties imposed by the court.

Under the most recent changes in the law (effective January 1, 2016), a driver may be eligible for Court Supervision if the driver has never been convicted or been given Court Supervision for aggravated speeding in the past. Court Supervision is a sentence that prevents a conviction from appearing on the driver's public record so long as the period of supervision is completed successfully (i.e. without any further traffic violations or offenses). Conditions such as community service, traffic safety school and fines may also be ordered as part of any sentence.

The law prohibits court supervision for aggravated speeding in a highway-construction zone, school zone or in an urban district. As a result, if the defendant pleads guilty or is found guilty after trial, a conviction is the only available sentence. Therefore, an amendment to the charge or a verdict of not guilty after trial is necessary to keep a misdemeanor criminal offense from appearing on the defendant's public driving record.

Parental Neglect Law

Parental Neglect Law In Illinois occurs when any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Example of a recent case of an 8 year old child walking her dog.

Cell Phone Violations

In Illinois cell phone ticket violations can lead to legal implications. It is unlawful to use an “electronic communication device” while driving. A first offense will cost the driver a $75 fine, and the fine escalates with each subsequent offense
Fines for driving and using a handheld cell phone in Chicago were increased by the City Council panel on Feb. 11, 2009. The fine for talking without a hands-free device is $100, from $75. Drivers involved in crashes while holding cell phones will pay a fine of $500, up from $200.A second or subsequent offense for texting while driving is treated as a moving violation by the Illinois Secretary of State. Drivers are also subject to higher minimum fines after a first offense.

New Alimony Law For 2019

Alimony, often called spousal support or maintenance, will have a significant change on New Years’ Day in 2019. Under current laws, this has been deductible by the paying spouse and taxable to the receiving spouse. This benefited the family unit as the recipient paid tax at a lower rate than the payor deducted it at resulting in less in taxes. The deduction can save up to almost 50% in taxes for top earners in high-tax states so for every $100,000 alimony paid it only costs $50,000 after-tax. The recipient on the other had may only have to pay $20,000 in taxes on that $100,000 received resulting in $80,000 of after-tax income. The net savings to the family is the $30,000 difference. 

A Weapon Can Be Removed By A Judge

The Illinois governor signed a law that allows police officers, family members or others to petition a court to remove weapons from a person who is suffering from mental health or other problems and can be shown to pose a threat of violence. A judge could order removal of the weapons for as long as six months

Medical Cannabis at School

Illinois has a new law that would allow children access to medical cannabis at school .

This law would allow parents to come into their child's school and administer a "cannabis-infused product"  on school property or a school bus if both parent and child have been cleared by the state's medical marijuana law and medical cannabis products have been prescribed to their child by a doctor. 

Conor's Law

A new DUI law takes effect in June of 2018, also known as Conor's law.

 

Before Conor's law, any person arrested for DUI in Illinois could be released after posting bond.

 

Once Conor's law takes effect, police can detain anyone under 21 arrested for DUI until the person is sober or a responsible adult picks them up.

OUI

If you are behind the wheel of a boat while intoxicated, you can be charged with operating under the influence, or OUI..

An OUI charge is a lot like a drunk driving charge. It is governed under Illinois law, which pertains to “operating a watercraft under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.”

 

If you are convicted of operating under the influence and it is your first offense, you could be found guilty of a Class A misdemeanor. There are other factors that may enhance the charge to a Class 4 felony or a Class 2 felony which carries even more serious penalties. In addition your boating privileges may be suspended. You may be a candidate for supervision.  

Supreme Court Upholds Travel Ban

The U.S. Supreme Court ruled a travel ban targeting several Muslim-majority countries and rejecting the argument that it represented unconstitutional religious discrimination.

The 5-4 ruling, with the court's five conservatives in the majority, ended a fierce fight in the courts over whether the policy amounted to an unlawful Muslim ban. Trump can now claim vindication after lower courts had blocked his travel ban announced in September, as well as two prior versions, in legal challenges brought by the state of Hawaii and others.

The court held that the challengers had failed to show that the ban violates either U.S. immigration law or the U.S. Constitution's First Amendment prohibition on the government favoring one religion over another.

Warrant Required For Access To Cellphone Data

The U.S. Supreme Court imposed limits on the ability of police to obtain cellphone data pinpointing the past location of criminal suspects in a victory for digital privacy advocates and a setback for law enforcement authorities.

In the 5-4 ruling, the court said police generally need a court-approved warrant to get access to the data, setting a higher legal hurdle than previously existed under federal law. The court said obtaining such data without a warrant from wireless carriers, as police routinely do, amounts to an unreasonable search and seizure under the U.S. Constitution's Fourth Amendment.

Medical pot as a painkiller substitute

     Illinois lawmakers have approved a measure not only to allow medical marijuana to be used in place of prescription painkillers, but also to eliminate requirements for patients to get fingerprints and criminal background checks.
     The change would allow all new applicants to buy medical marijuana from licensed dispensaries based on their doctor's orders, rather than having to wait up to four months for bureaucratic approval.  Patients could no longer be denied based on criminal convictions. This bill has not yet been signed into law.

Emergency Order Of Protection

An Emergency Order of Protection (EOP) is a court order that protects its holder - called the petitioner- from harm by a person named in the order - called the respondent. An EOP takes effect as soon as the judge approves it.

Because of risk of harm, the law does not require the respondent to know about the hearing. This is known as an 'ex parte' hearing.

Because of this, an Emergency Order only lasts for 14 to 21 days. When it issues an EOP, the court sets a hearing date for a Plenary Order.

Parental Rights Of Nonbiological Mother

The Illinois appeals court has ruled a woman whose former wife had a baby through artificial insemination has parental rights to the child even though they are not biologically related.  The ruling also applies to opposite sex parents.

Seal A Criminal Record

When a record is sealed, it does not show up in a criminal background check. It is important to remember that a sealed record is not destroyed. The police, immigration officials, and other public officials may still see sealed court files for certain purposes.

The Supreme Court rules that police officers need a warrant for a blood test after a drunk driving arrest.

Police in McHenry County will be out for blood with drivers who refuse to take breath tests for suspicion of driving under the influence of alcohol or drugs.

And the practice of officers immediately seeking blood draws from those who won’t submit to a breath screen appears to be spreading, with Lake County also planning to adopt a similar policy.

The strategy in many departments takes advantage of technology that allows police to generate an “e-warrant” that can be sent electronically to a judge for review right from a curbside traffic stop.

Law enforcement authorities say their main targets are repeat offenders who not only are the biggest public hazards but also know how to game the system by refusing to take breath tests, making it harder for them to be successfully prosecuted.

Attorney-Client Privilege

The attorney-client privilege allows clients who have a legal problem to talk candidly with a lawyer. Under ordinary rules any person who has witnessed or heard about a crime can be required to testify about it.  But if that ordinary rule applied in law offices, no one would feel comfortable speaking to a lawyer because it could result in confessing to a crime.

Name Change As Part Of Your Divorce Decree

In Illinois as in most states, the easiest way to change your name due to divorce is to make it a part of the divorce decree itself. When done this way, no separate legal actions or fees are necessary.

• On general divorce decree forms that are valid in most if not all U.S. states, there is normally a section that authorizes a name change as part of the decree.
• This process, however, entitles you only to revert to your maiden name or another former legal name. Otherwise, you will have to undertake a separate legal process

Collaborative Law

The  basic tenets of collaborative law are as follows

• The parties agree to resolve all issues in a respectful, open and honest manner, outside of the court system. 

• Each party retains a collaboratively trained attorney.

The parties and their counsel sign a legally binding contract (called a Participation Agreement) committing themselves to resolving the dispute according to collaborative principals and guidelines. Settlement remains the main objective because the lawyers’ continued employment depends upon his or her ability to facilitate an acceptable settlement proposal. Failure to reach settlement results in the end of the collaborative divorce process and an end to the attorney’s employment because the Participation Agreement provides that collaborative counsel is prohibited from representing the client if the case goes to litigation. 

Financial Responsibility Insurance (SR22)

Financial Responsibility Insurance (SR-22) monitors the insurance of problem drivers and authorizes the Secretary of State's office to suspend upon cancellation or expiration. Financial Responsibility Insurance is required in Illinois for individuals with safety responsibility suspensions, unsatisfied judgment suspensions, revocations, mandatory insurance supervisions and individuals who receive three or more convictions for mandatory insurance violations.

Civil Asset Forfeiture

When a crime is committed, the police can take the property that was used in that crime or that is somehow related to that crime. This is called a civil asset forfeiture.

If your property was taken because the police believe it was related to a crime, you have to go through a process to get the property back. During this process, the police will have to prove that they have probable cause that the property was used in a crime. This means that the police have enough facts to believe the property was used in crime.

Elimination of tax deduction for alimony payment

 The new tax law eliminates a tax deduction for alimony payments. The new rules won't affect anyone who divorces or signs a separation agreement before 2019. Many divorce experts worry that the change will make negotiations tougher and lead to less spousal support as cash goes to taxes instead.

No more driving with "for sale" signage

• No more driving with “for sale” signage: In the New Year, it will be illegal to drive a vehicle with any “for sale” decals, signage, paperwork, or other materials on the front windshield or on windows that would obstruct the driver’s view, off the premises of where the vehicle is being sold. This law was passed after a young man was struck and killed by a car being test driven. The driver on the test drive did not see the oncoming vehicle because his windshield was obstructed.

Traveling Elephant Ban

A new law, effective in 2018, bans the use of elephants in traveling shows - acts where animals are transported from one location to another and housed in mobile facilities. The rule applies to African and Asian elephants protected under the federal Endangered Species Act of 1973. The law was the first of its kind in the country when Rauner signed it in August. The state of New York followed in October.

Marijuana DUI

A new law in Illinois makes it illegal to smoke marijuana in a moving car as a driver or a passenger.
There is no DUI suspension for a marijuana DUI. You can drive stoned on heroin, on marijuana, on crack cocaine, it doesn't matter. There is no standard under NHTSA, which is the National Highway Traffic Safety Administration, for any of those drugs other than alcohol.

Increased Penalties For Repeat Gun Offenses

A new law in 2018 will increase penalties for repeat gun offenses.  It increases the possible prison sentence from 3 to 14 years to 7 to 14 years. The tougher penalties are designed to help deter crime.

Hate Crimes

Effective 2018, crimes committed at churches, synagogues, mosques and other places of worship can now be tried as hate crimes.  The measure came about after an increase in vandalism and racist graffiti at religious facilities across Illinois.

Gay Panic Defense

A new law, effective 2018,  states that defendants accused of murder will no longer be allowed to try to reduce their possible sentences using what is known as the "gay panic' defense by saying their violence was an act of passion after learning a victim was gay.  And sexual orientation cannot be considered provocation for second degree murder.