Resentencing Criminal Suspects

A new law, effective January 1, 2022 allows county prosecutors throughout Illinois to allow and seek re sentencing for people convicted of crimes if they believe their original sentence does not serve the interests of justice..  Under the new law someone who is rre sentenced cannot be given a harsher penalty than their original sentence.  Judges may consider myriad factors including an inmate's disciplinary record while incarcerated, their reduced risk for committing future violence, and if their health has worsened. #resentencingcriminalsuspects,

Lemonade Stands

A new Illinois law, effective January 1, 2022 prohibits public health authorities from regulating or shutting down lemonade stands or similar operations that are operated by children under the age of 16.  Known as  "Hayli's Law" it was inspired by 12 year old Hayli Martinez, whose lemonade stand in Kankakee was shut down by local officials.#lemonadestands,

Supervised Child Visitation

What supervised visitation means in practice can vary considerably. Under Illinois law (750 ILCS 5/600(m)), the term ‘supervision’ is defined in a relatively broad manner. It simply means “the presence of a third party during a parent’s exercise of parenting time.” When required, supervised visitation falls into one of two categories:

1. A court-appointed professional (therapist, social worker, etc.) will be present with the parent and child during their visits; or
2. An agreed-upon, trusted family member or friend will be present with the parent and child during their visits.

The option that makes the most sense will depend on the specific circumstances at hand. In some cases, both parents may agree that supervised visitation is warranted. Working together in a collaborative manner, they may be able to agree that a trusted relative (such as a grandparent) can serve as the supervisor. In other cases, it is best to seek professional help and support.#supervisedvisitation,

Illinois Eavesdropping Law

 Illinois is a strict two-party consent state. In many circumstances, it is illegal to record a private conversation in Illinois unless all parties have given consent. ... Under Illinois law, you can be charged with a crime for using an “eavesdropping device” to record a private conversation without consent . #eavesdropping,

Changes to FOID and CCL Cards

Illinois residents can expect a few changes when it comes to FOID cards and conceal carry next year.Starting on Jan. 1, 2022, new FOID cards will be printed without expiration dates and if the cardholder has a valid concealed carry license they will be issued a combined card.Additionally, when a FOID card is suspended the Conceal Carry License (CCL) will be suspended until the FOID card is reinstated.When a CCL is suspended or revoked the cardholder will retain the combined card but it won't show a valid CCL in the system #FOID, #CCL,

Restitution

Restitution holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes. Restitution is typically ordered in both juvenile and criminal courts to compensate victims for out-of-pocket expenses that are the direct result of a crime. #restitution,

Surge In Filing Divorce Cases

The first three months of the year are a time when many people resolve to make significant changes in their lives. That may explain why divorce filings tend to surge in the three months between January and March. In fact, as CNN reports, the increase in divorce filings at the start of the year has become so consistent and predictable that January has even earned the nickname “Divorce Month.” While it may seem odd that this one particular time of the year is so popular for divorces, analysts say a combination of factors actually contributes to the surge.The reasons why so many people choose January to March to file for divorce are numerous and diverse. Perhaps the most obvious reason is that the holiday season can be especially stressful and for many couples one more bad holiday experience with each other and their in-laws can leave them realizing their marriages are no longer salvageable. In fact, that same FindLaw.com/Westlaw study also found that searches for the terms “divorce,” “family law,” and “child custody” actually rise 50 percent beginning in December. #surgeindivorcecases, surgeinfilingdivorcecases,

DUI

DUI stands for driving under the influence. In Illinois, any motorist caught driving with a blood alcohol content (BAC) 0.08 or higher will likely face DUI charges. Driving while impaired by other substances such as medicinal marijuana or prescription medication can also result in a DUI charge. Individuals under the age of 21 and bus drivers must have a BAC of zero. #dui, #dwi,

Civil Order of Protection

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 A civil order of protection in Illinois is a court order that is intended to protect the person seeking the order from threat or abuse, including domestic violence. An order of protection prohibits the alleged abuser from contacting, harassing, stalking, threatening, or intimidating the alleged victim. #orderofprotection, #civilorderofprotection

Formal Drivers License Hearing

A formal hearing is required for a driver whose privileges have been suspended or revoked for an offense(s) involving a fatality or multiple DUI dispositions. A formal hearing request must be made in writing through U.S. mail. Faxes or email requests are not accepted. Petitioners are eligible for a subsequent hearing 90 days after their most recent hearing.

A hearing officer presides at a formal hearing at which both testimony and documentary evidence is heard. The officer is authorized to rule on all motions, administer oaths, subpoena witnesses or documents at the request of any party, examine witnesses and rule upon the admissibility of evidence. An order reflecting the recommendation of the hearing officer and the decision of the Secretary of State's office is issued. Decisions from a formal hearing are subject to the Administrative Review Law. #driverslicensereinstatement, #formal hearing,

Chapter 7 Bankruptcy

After filing for Chapter 7, your property will go into a bankruptcy estate held by the Chapter 7 bankruptcy trustee appointed to your case. However, you don't lose everything because you can remove (exempt) property reasonably necessary to maintain a home and employment.#chapter7bankruptcy,

Parental Consent for Abortion

Gov. JB Pritzker signed a law on Friday that ends parental notification, a requirement that doctors notify the parents of a minor seeking an abortion.

“With reproductive rights under attack across the nation, Illinois is once again establishing itself as a leader in ensuring access to health care services,” Pritzker said. “This repeal was essential; because it was the most vulnerable pregnant minors who were punished by this law; victims of rape and physical abuse in unsafe homes.” #minorabortion, #abortion, 

Codicil

A codicil that can be used to amend an existing will of an Illinois resident. This codicil allows a client to modify a will without creating an entirely new will. It provides options to revise an existing provision, add a new provision, or delete a provision. #codicil, #codiciltowill,

Hearsay Evidence

Hearsay is any statement that was made out of court, that is now repeated in court by anyone other than the person who made the statement, to prove the truth of the matter asserted. If a statement is considered hearsay, then it cannot be used in court. The idea behind the hearsay rule is that it would be better if the person who made the original statement could be in court to talk about it, then having someone who overheard the statement talk about it in court. For a statement to be considered hearsay, it has to: 

• Be made out of court; 
• Be repeated in court by someone who did not make the statement; and
• Be used in court to prove what is said in the statement. #hearsay, #hearsayevidence,

Annulments and Divorces

Annulments and divorces are similar in the sense that they make a determination about marital status. But the vital difference between them is that divorce ends an existing, valid marriage, whereas annulment simply declares that what everyone thought was a marriage was never actually a marriage at all. In the eyes of the law, an annulled marriage never really existed.

Illinois is slightly different from other states. Illinois does not have an official court action called "annulment of marriage." However, you can ask a judge for a "judgment of invalidity," which is essentially the same thing. A judgment of invalidity is a final order saying that your marriage was never valid. It's very rarely granted in Illinois. #annulments, #divorces,

Deferred Prosecution Program

The Deferred Prosecution Program offers certain first-time, non-violent felony offenders a chance to avoid a conviction upon successful completion of a 12-month program. Defendants are screened by Assistant State’s Attorneys based on charge and criminal background. Defendants charged with retail theft, burglary, theft, drug possession, credit card and ID fraud, and fraud are eligible for the program. If both the victim and the defendant agree to program participation, the case is assigned to a pre-trial services officer that monitors the participant’s progress over the next nine to 12 months. A number of conditions may be imposed, including payment of restitution, enrollment and attendance in GED programs, community service, and agreement to not violate any laws or possess a firearm or deadly weapon. Upon successful completion of the program, the defendant’s felony change is dismissed and participants are given guidance on arrest record expungement. #deferredprosecutionprogram,

Missed HOA Payments

When you miss a payment, your HOA will typically notify you that you’re late on your dues and outline the consequences, such as being charged a late fee or interest until it’s paid. The association could also outline any legal consequences if you continue to miss or remain delinquent on your payments.

Here are some scenarios that might happen to you if you fail to pay your HOA fees.Your HOA could, as an additional or next step, restrict or eliminate your access to common areas or amenities such as the gym or pool. The idea is to encourage you to pay your HOA dues to reestablish your privileges.If your payments continue to be delinquent, your HOA could hire a collection agency to obtain the missed fees. This could result in more notices like phone calls and letters in order to get you to pay.If legally allowed, your HOA can sue you for the unpaid dues, fines and any interest that’s accumulated. If this happens, your HOA may have the right to garnish your wages to take what’s owed from your bank accounts. #missedHOApayments, 

Disorderly Conduct

Disorderly conduct laws focus on public safety. In Illinois disorderly conduct law prohibits disturbing the peace or engaging in unreasonable conduct that alarms or disturbs others. For example, someone might disturb the peace by yelling or arguing in a public place.

Besides prohibiting disorderly conduct, the state also makes illegal other specific acts because those acts could waste public resources or unnecessarily cause public fear or stress. Accordingly, Illinois state laws include several other types of acts that qualify as disorderly conduct:

• making a false report of a fire or fire alarm
• making a false report of a bomb or explosive device
• making a false report of a crime in progress or a past crime, or requesting emergency response services while knowing that assistance is unnecessary
• making a false report about an abused or neglected child
• making a false report to the Department of Public Health
• entering another person's property to look into a dwelling for a lewd or otherwise unlawful purpose
• using harassment or intimidation as a debt collector or collection agent #illinoisdisorderlyconductlaws,
  
  
  

Serialized Handgun Ammunition

A new Illinois law provides that beginning January 1, 2022, all handgun ammunition that is manufactured, imported into the State for sale or personal use, kept for sale, offered or exposed for sale, sold, given, lent, or possessed shall be serialized. Provides that beginning January 1, 2022, any person who manufactures, causes to be manufactured, imports into the State for sale or personal use, keeps for sale, offers or exposes for sale, or who gives or lends any handgun ammunition that is not serialized is guilty of a Class A misdemeanor. Provides that beginning January 1, 2022, any person who possesses in any public place any handgun ammunition that is not serialized is guilty of a Class C misdemeanor.#handgunammunition, #serializedammunition,

Interrogation Of A Minor

Senate Bill 2122 makes Illinois the first state in the nation to bar law enforcement from using deceptive tactics when interrogating young people. National law enforcement organizations and training agencies have advocated against them, arguing that deceptive interrogation techniques increase the likelihood of a minor making a false confession.

 
While the use of deceptive tactics was deemed permissible by the judiciary in 1969, today members of both the 7th Circuit Federal Court of Appeals and Illinois Court of Appeals have condemned the use of deceptive practices when interrogating minors because of the risk it poses in producing false confessions, according to the Cook County State's Attorney's Office. SB 2122, which takes effect January 1, 2022, outlaws this practice. #interrogationminor,

DUI Drugs

The offense of driving under the influence, or DUI, typically relates to alcohol intoxication. But alcohol is just one of countless substances that can impair one's ability to operate a motor vehicle. Driving under the influence of drugs -- including prescription medications as well as illegal drugs -- can also result in DUI charges.

Mixing drugs and driving, whether it's medicinal marijuana or legally prescribed muscle relaxers, is just as illegal as driving drunk and can also constitute a DUI offense. Doctor's orders are no defense to drugged driving charges.#duidrugs,