Marijuana Expungement

Beginning Jan. 1, 2020, adults over the age of 21 will be able to legally purchase cannabis from state-licensed dispensaries. Part of the new law is a provision to automatically expunge cannabis possession arrests that didn’t lead to a conviction for amounts up to 30 grams (excluding offenses connected to a violent crime).This pertains to hundreds of thousands of Illinois residents, with many others impacted by a provision through which the governor will grant pardons authorizing expungement for convictions for up to 30 grams. If you were convicted of larger amounts, up to 500 grams, you’ll have to file a motion to vacate your record. #marijuanaexpungement, #cannabisexpungement,

Tollway Violations/Evasions

A Failure to Pay Fines stop is not a suspension of your driver's license and/or driving privileges and does not require a reinstatement fee. ... Tollway Violations/Evasions – A person's driver's license may be suspended for failure to satisfy fines or penalties for five or more toll violations or evasions. #tollevasion,

Scott's Law

Scott's law requires drivers to slow down and move over one lane, if possible, when approaching a stopped emergency vehicle, or any vehicle with flashing lights. ... Scott's Law was named after Lt. Scott Gillen of the Chicago Fire Dept., who was struck and killed by an intoxicated driver while assisting at a crash scene. #Scott'slaw,

Abortion right to chose.

Illinois has a new sweeping  access protection law. It underscores a fundamental right for a woman's right to choose. The bill's signage comes as part of a wave of Democratic states opting to codify abortion protections as a slew of Republican states push forward bills restricting abortion access. Lawmakers have pushed such restrictions in an effort to force a potential legal challenge of the landmark Supreme Court Roe V. Wade decision that legalized abortion nationwide in 1973.The Illinois bill, protects an individual's "fundamental right to make autonomous decisions about one's own reproductive health," including a decision to continue a "pregnancy and give birth or to have an abortion." #Illinoisabortion, #right to chose, 

Schaumburg Divorce Lawyer

In Illinois, divorced and never-married parents may have an obligation to contribute to post-high school expenses for their children once they emancipate, or “age out” of being a minor child under the law.  This typically happens when the child turns 18 or graduates from high school, whichever happens last. At that point, many children will go on to attend college, trade schools, and various other types of career training.  Section 513(a) of the Illinois Marriage and Dissolution of Marriage Act is the relevant statute on this issue, and it provides that the court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties. #schaumburgdivorcelawyer, #educationalexpensesdivorcedparents,

Illinois Tax Amnesty Program

A tax amnesty program in Illinois began Oct. 1 and runs through Nov. 15. During that time, people who owe back taxes to the state can pay off those debts and avoid having to pay interest and penalties. #taxamnesty

Schaumburg Criminal Lawyer

When marijuana sales become legal in Illinois next year, it will remain illegal to drive while high. But police say they still won’t have the tools to enforce laws against stoned driving the way they’d like.

Law enforcement officials expect a significant increase in the number of people driving after smoking pot. While patrol officers can use Breathalyzers to help check whether people are driving while drunk, they have no approved roadside test to see whether drivers are stoned. #THCdetection, #drugdetectionDUIarrests,

Schaumburg Divorce Lawyer

Prior to 2019, spousal maintenance (also known as alimony) payments were tax-deductible for the payor spouse and not included in gross income calculations.  Conversely, the recipient spouse was obligated to include maintenance payments when calculating gross income, thereby making maintenance taxable income for the recipient.  Under the new law, the tax burden of maintenance payments has shifted from the recipient spouse to the payor spouse.  This will likely lead to lower alimony payments, as the obligor spouse will now pay taxes on maintenance money twice; once via taxes taken out by his or her employer, and again when gross income is calculated and taxed.  Payor spouses are more likely to fight for lower payments because there is no longer a tax incentive for maintenance, which may lead to longer and uglier divorces. #Illinoisspousalmaintenancelaw, #alimony, #alimonynotdeductible,

Adoptive Parent

A person will not be approved as an adoptive parent if he or she or an adult residing in the adoptive parent's home has a felony conviction for any of the following offenses or their equivalents: Child abuse, child neglect, or an intra-family offense. A crime against children, including child pornography. #adoption, #adoptive parent,

Schaumburg DUI Lawyer

Typically, Illinois DUI law prohibits drivers from operating a motor vehicle if they have a blood alcohol content (BAC) of 0.08% or higher. This is the legal limit, and drivers who have a higher BAC are presumptively considered to be driving under the influence of alcohol.

However, individuals who have a CDL face a lower legal limit in the state of Illinois. Instead of being deemed under the influence with a BAC at or above 0.08%, CDL holders who are driving their commercial vehicles are considered inebriated if their BAC is 0.04% or above.

New Illinois Pet Custody Law

The New Illinois Pet Custody Law does provide for the sole or joint ownership of and responsibility for a companion animal of the parties, but only if that companion animal is a “marital asset” of the parties’ marriage. What does that mean? If the Pet was acquired during the marriage and not a gift to one party or the other, the Pet is presumed to be a marital asset.

On the other hand, if the Pet was owned by one spouse before they were married, or was gifted or inherited by one spouse then the New Illinois Pet Custody Law does not apply. #newillinoispetcustodylaw, #petsandmaritalproperty,#schaumburgdivorcelawyer,

Vaping

Illinois lawmakers this fall will consider banning most flavored vaping products, following recent restrictions that some other states have enacted amid concerns about the safety of vaping and its allure to young people.

Illinois Bicycle Laws

Bicyclists must ride in the same direction as other traffic. Riding in the opposite direction of traffic is both dangerous and illegal. When passing, motorists are required by law to allow at least 3 feet of space between them and a bicyclist. 

Schaumburg Lawyer

When it comes to estate planning, we're making it easier for you to get informed, organized, and connected. We can help you by: Educating you on several key elements of estate plans and their financial importance Providing guidance and financial advice during the estate planning process  Getting you started by finalizing and implementing your plan Reviewing your financial plan as needed so that it's flexible enough to evolve with you and your life Speak with us about why an estate plan is a critical element of your overall financial plan.

Schaumburg Criminal Lawyer

A new Ilinois law provides for wiping out low level convictions and arrests for marijuana possession. The law provides for automatic expungement  of arrest records for marijuana possession under 30 grams. Expungement means police arrest records will be destroyed and court records will be wiped away from public view.  To make that happen, Illinos State Police will compile records of all eligible defendants, and police will wipe their records clean on their own.

Schaumburg Lawyer

Governor J.B. Pritzker recently signed a package of legislation to expand Scott’s Law in an effort to protect law enforcement, first responders, road workers and the everyday motorist. 

Scott’s Law, sometimes known as the “Move Over” Law, requires drivers to slow down and move over safely when approaching any vehicle with hazard lights flashing.

The new law increases the minimum fine for a first-time Scott’s Law violation to $250 and to $750 for subsequent violations. All Scott’s Law violations will also result in a $250 assessment fee, which will be deposited into a statewide dedicated fund to produce driver education materials to ensure the next generation of drivers fully understands the importance of this life-saving law. To support these efforts, the Secretary of State will include written questions on Scott’s Law in the driver’s license test. 

The new law also increases criminal penalties to a Class A misdemeanor, punishable by up to one year in jail, if violation results in damage to another vehicle or a Class 4 felony, punishable by up to one to three years in prison, if violation results in an injury or death of another person. An aggravating factor will also be added to reckless homicide charges if Scott’s Law was violated.

Schaumburg Lawyer

A tax amnesty program is set to begin Oct. 1 and run through Nov. 15. During that time, people who owe back taxes to the State of Illinois can pay off those debts and avoid having to pay interest and penalties.

Schaumburg Divorce Lawyer

The new law, which was added to Section 503(n) of the Illinois Marriage and Dissolution of Marriage Act states:

“If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties.  In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal.  As used in this section, “companion animal” does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act.”

Under this new law, pet owners can expect the court to consider joint or sole ownership of their pet based on the best interests of the pet.  It is also possible to work out joint ownership arrangements for the pet that include visitation.

Schaumburg Criminal Lw

While recreational marijuana may be legal under state law, it’s still illegal under federal law (which governs air travel), so unfortunately, you’ll need to leave your marijuana at home. However, if you have a medication that contains a small amount of THC, you can legally fly with it under a recent TSA rule change. The new rule states: “Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.) TSA officers are required to report any suspected violations of law to local, state or federal authorities.”

Schaumburg Divorce Lawyer

A retirement plan, to the extent it is earned during the marriage, is marital property. There are two ways to consider the value of the plan. One party can be awarded an interest in the plan and the other can be awarded property with a value that offsets the value of the pension plan. Otherwise, the parties can divide the interest in a pension plan through a document that is called a Qualified Domestic Relations Order (QDRO).

Schaumburg Divorce Lawyer

Under Illinois state law, the court may grant a custodial parent’s request for relocation only when it is deemed to be in the best interests of the child. Such orders may be issued even if the noncustodial parent objects. In these cases, it falls to the custodial parents to prove that the move is in the child’s best interests.

There are a number of factors that the court will consider in determining whether to approve a request for relocation. Under state law, these factors include the following:

• Whether moving will enhance the child and custodial parent’s quality of life
• The reason why the custodial parent wishes to move
• The motive for the noncustodial parent’s objection to the relocation
• Whether a realistic and reasonable visitation schedule can be reached and implemented
• The time and cost that will be involved with visitation as a result of the move

Furthermore, the court may also take into consideration the distance of the move.

Schaumburg Divorce Lawyer

With texting, email, and Facebook Messenger rising in popularity as methods of communication in relationships, so is their use as divorce evidence. As divorce attorneys, we used to look for evidence in files, notebooks, ledgers, memos and photo albums. Now we have to also look at emails, text messages, Facebook, LinkedIn, Snapchat, Twitter, Instagram, YouTube, and even Pinterest for what divorce evidence that is called Electronically Stored Information (ESI).

Schaumburg Divorce Lawyer

Alimony payments will fall under new tax rules starting in 2019. ... Under the new regulations, the individual who pays alimony to an ex-spouse will no longer be able to deduct those payments. And the recipient of the money will no longer pay taxes on that income

Schaumburg Lawyer

Using a hand-held cellphone to figure out directions while driving is illegal and Illinois will stop giving a free pass to first-time offenders as of July 1. Instead you'll get a moving violation ticket if caught. 

Schaumburg Lawyer

A new law in Illinois establishes sweeping abortion rights legislation that establishes the procedure as a “fundamental right” for women in Illinois.

Entitled the Reproductive Health Act, the law repeals the Illinois Abortion Law of 1975. It eliminates felony penalties for doctors that perform abortions, removes waiting periods and removes the requirement that a married woman get consent from her husband.

The bill establishes the “fundamental right” of a woman to have an abortion and states that a “fertilized egg, embryo or fetus does not have independent rights.” The law also requires that the cost of an abortion be treated like any other medical procedure for insurance purposes.

"Schaumburg Criminal Lawyer

Illinois has a new marijuana law, effective in January 2020,  that would allow Illinois residents over 21 years of age to purchase and possess 30 grams of cannabis, 5 grams of cannabis concentrate, as well as cannabis-infused products, such as gummies or baked goods, with no more than 500 milligrams of THC. Nonresidents would be able to purchase half of those amounts.

Schaumburg Criminal Lawyer

Starting in July the use of a cell phone while driving will be a moving offense.

The phone cannot be used in your hands at all unless one of the following exceptions applies:

1. Using the cell phone to call for emergency assistance;
2. Using the cell phone in “hands-free” mode or with the use of a headset;
3. Using the cell phone while parked on the shoulder of a roadway;
4. Using the cell phone on the roadway if the normal flow of traffic has stopped or obstructed and you have your vehicle in park or neutral;
5. A driver using a cell phone which has a single button to start or stop a call.

Schaumburg Criminal Lawyer

A proposed bipartisan bill aims to prevent more first responder deaths on state highways by making Scott’s Law tougher.

Scott's Law says drivers approaching a vehicle with hazard lights on must slow down and move over.

The law is designed to protect any vehicle that is stopped on the side of the rode displaying flashing lights. As a driver, you are to slow down and change lanes if possible.

This new bill would enhance penalties for violators of the law.

Keep your eyes on the road. Don't drink and drive. Obey the speed limits. If you see an emergency vehicle with lights activated, please slow down and move over.

Motorists convicted of breaking the new "move over" law will face a fine up to $10,000 and have the incident go on their driving record. Plus, a driver will lose their license if they hurt or kill anyone while breaking the law.

But there is also an enforcement-education aspect as well.

The revenue from these fines goes directly to Scott's Law fund to educate drivers and keep people safe on the roads

Schaumburg Divorce Lawyer

Changes to Illinois Spousal Maintenance Laws. For those whose divorce judgment was entered before January 1, 2019, the ex-spouse paying alimony could deduct the expense from his or her federal taxes, while the ex-spouse receiving alimony payments has to claim the payments as taxable income.

Schaumburg Criminal Lawyer

A proposed law to legalize recreational use of marijuana in Illinois would allow possession of up to 30 grams of the plant for residents 21 and over, in addition to expungement of misdemeanor and Class 4 felony marijuana convictions.

Schaumburg Lawyer

Illinois has recently passed a law that raises the legal age for purchasing cigarettes, e-cigarettes and other tobacco products from 18 to 21.

It takes effect July 1. It aims to reduce tobacco use among teens and young adults by preventing them from starting.Statistics show that most smokers start as teenagers, and the younger they are when they start, the more likely they'll become addicted.Illinois joins a growing list of states and municipalities adopting "Tobacco 21" policies, as vaping among teens is on the rise.

Lawyer Schaumburg

There are various reasons for requesting a name change. It may be based on events such as divorce, or it may simply be based on dissatisfaction with the name. Some other fairly common reasons include:

• Taking the natural father's name (e.g., after being born out of wedlock or adopted).
• Changing to the mother's maiden name (e.g., after a divorce).
• Identifying with a foreign nationality (e.g., to show grandparents' nationality).
• A cumbersome name (e.g., difficult to spell and/or pronounce).
• Professional identity (e.g., legally maintaining a maiden name or changing to a pen name).
• Gay or lesbian (e.g., both partners want to share the same last name).

There are inappropriate reasons for changing a name that will result in denial of the application and even consequences. For example, the new name cannot be identical to a celebrity or other famous individual, if the intent is to defraud others. In addition, you cannot change your name to avoid debts.

Schaumburg Divorce Lawyer

For those whose divorce judgment was entered before January 1, 2019, the ex-spouse paying alimony could deduct the expense from his or her federal taxes, while the ex-spouse receiving alimony payments has to claim the payments as taxable income.

Schaumburg Criminal Lawyer

Illinois law on aggravated speeding has changed quite a bit in recent years. On January 1, 2014, the law was changed to set the cutoffs of 26 mph over the limit as a Class B misdemeanor and 35 mph over the limit as a Class A misdemeanor. A class A misdemeanor has a potential jail sentence of up to one year in jail, while a class B misdemeanor has a potential jail sentence of up to 180 days in jail.

Schaumburg Criminal Lawyer

Cannabis in Illinois is decriminalized and legal for medical use. As of March 2019, nearly 58,000 qualifying patients participate in the state's medical cannabis program.  Since legalization in November 2015, retail sales in Illinois have reached $287 million at 55 dispensaries across the state.

Legislation is currently pending to legalize recreational use and is expected to occur in early 2019 with support of Democratic Governor J.B. Pritzker

Schaumburg Divorce Lawyer

Legal Separation Vs Divorce

The biggest difference between a legal separation and a divorce is that separation allows spouses to retain their marital status; therefore, they cannot remarry someone else until they get divorced. Here are a few other differences between a legal separation and a divorce.

Health Care and other benefits – After a divorce, spouses’ healthcare and other benefits such as social security benefits are terminated with immediate effect, but legal separation allows the couple to retain these benefits.

Decision Making – Divorced couples are not considered next of kin, thus do not have the right to make financial or medical decisions on behalf of each other, but if they opt for a legal separation instead, they are still regarded as next of kin, consequently allowed to make such decisions for each other.

Property Rights – Divorce extinguishes each spouse’s legal right to property benefits in case of death of the other spouse, but legal separation keeps these rights preserved.

Liabilities and Obligations – During a divorce, all the assets and liabilities are divided between spouses by the court per the applicable laws in their state. Conversely, spouses remain responsible for each other’s debts and obligations in case of legal separation.

Remarriage – Once spouses get divorced, the verdict cannot be undone, and they have to remarry if they are seeking legal separation.

Lawyer Schaumburg

Under a new Illinois law, effective in 2019, if a boss requires you to use your personal phone or computer for word, the boss must have a reimbursement policy

Schaumburg Criminal Lawyer

A new law in 2019 allows family members or police to petition courts to take guns away from people who pose a danger to themselves or others.  A judge may issue the order without notice but a hearing must be conducted within 14 days.

Lawyer Schaumburg

A new law in Illinois, effective in 2019, requires that children younger than 2 must ride in rear-facing child-restraint seats in automobiles.  Children taller than 40 inches or weighing more than 40 pounds are exempt.  The first offense carries a $75.00 fine at the discretion of the local authorities.