Combating Auto Retail Scams Rule

The Federal Trade Commission announced a new rule Tuesday that is intended to stop auto dealers from using hidden fees and bait and switch price tactics on buyers.The agency says those fees and tactics cost Americans $3.4 billion per year and add 72 million hours to their time spent shopping for a vehicle.The FTC is calling the new regulation the Combating Auto Retail Scams Rule.The agency says the rule bans misrepresentations about price, cost, and other key information. It also requires dealers to provide the actual price any consumer has to pay for the vehicle, requires them to disclose that additional items like extended warranties aren’t mandatory, and requires them to state upfront the full monthly payment consumers are accepting. #lawyer, #attorneys, #lawyersnearme, #lawyerschaumburg, 

Seat Belts

Illinois law requires all drivers and passengers (front and back seat) age 8 and older to wear safety belts even if the vehicle is equipped with air bags. Passengers under age 8 must be secured in an appropriate child restraint system as covered by the Child Passenger Protection Act. #attorneys, #attorneysnearme, #schaumburgattorney,#schaumburglawyer,

Child Extended Bereavement Leave Act

Beginning in 2024, under the Child Extended Bereavement Leave Act (CEBL), employers with 50 or more full-time employees in Illinois must provide employees who experience the loss of a child by suicide or homicide with unpaid, job-protected leave. #divorcelawyers, #lawyer,#divorcelawyersnearme,#divorcelawyerschaumburg,

New Eligibility For Police Officers

A new Illinois law, effective January 2024 allows non-citizens to apply to be police officers.  This move addresses labor shortages.  Critics were concerned that police jobs could go to people who have entered the country illegally.  This law applies to people already allowed to work in the country and for DACA recipients. #schaumburgcriminallawyer, #schaumburgcriminalattorney, #lawyer, #attorney, 

Formal Driver's License Reinstatement Hearing

A formal driver’s license reinstatement hearing must be scheduled in advance at one of the Secretary of State offices throughout Illinois. The hearing is conducted similarly to a court trial. Make sure to arrive on time, dress appropriately, and speak with respect and professionalism.

At the hearing, you will be expected to demonstrate that you have met all of the Secretary of State requirements for license reinstatement. The requirements vary from case to case depending on the driver’s criminal record, alcohol dependency risk classification, and reasons for revocation. You may be required to complete a DUI risk education class, complete alcohol or drug treatment, participate in an early intervention program, and/or participate in a continuing care program. The hearing officer will want to see proof that you have completed all of the requirements.

You will also be asked a series of questions designed to determine whether you will re-offend. The hearing officer may ask you about the steps you have taken to avoid intoxicated driving in the future, how you have changed your relationship with drugs or alcohol, or what you have learned from losing your driver's license. ##attorney, #lawyer, #driverslicense, #schaumburgfamilylawyer, #schaumburgdivorcelawyer,

Paternity

In Illinois, the latest possible time that the statute of limitations for paternity can end is when the child turns 20, so you cannot establish paternity after that time. But the sooner paternity is established, the sooner a parent/child relationship can start. #lawyer, #divorcelawyer, #paternity, #attorney, #familylawyer,

Child Support

The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case. #childsupport, #divorcelawyer, #familylawyer, #childsupportattorney, 

Rear View Mirror Objects

It is unlawful to hang items from your rearview mirror in Illinois if they “materially obstruct” your view while driving. Currently, law enforcement officers can pull you over for the sole reason of a violation or suspected violation of this provision. However, that will be changing soon.

On Jan. 1, 2024, Illinois police officers will no longer be allowed to lawfully stop or

search vehicles solely because they have something hanging from their rearview mirror, though

it will still be considered a violation if the item materially obstructs the motorist’s view.

 #schaumburglawyer, #schaumburgcriminallawyer, #lawyer, #attorney, #trafficlawyer, 

Contested Divorce

In Illinois, a divorce is contested when parties can't agree on one or more issues in the divorce. The disagreement could be about anything from marital debts to property and pets. In a contested divorce, parties first attend mediation, then take their case in front of a judge if necessary. Each party usually has an attorney, or they represent themselves. Contested divorces take anywhere from six months to a year or even longer. They are usually the longest type of divorce. #divorcelawyer, #divorceattorney, #divorcelawyerschaumburg, #divorceattorneyschaumburg,

Non Citizen Police Officers

A new law in Illinois, effective January 1, 2024 allows non-citizens to apply to be police officers.  It would be for people already allowed to work in the country and for DACA recipients.  It was designed to address the labor shortage. #schaumburgcriminallawyer, schaumburgcriminalattorney, #schaumburglawyer, #schaumburgattorney,

Zooming and Driving

Effective January 2024, a new Illinois law makes zooming and driving illegal.  It provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to participate in any video conferencing application or to access any social media site. Excludes the exemptions that permit a driver to use an electronic communication device in hands-free or voice-operated mode or by pressing a single button to activate or terminate a voice communication when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site. #schaumburglawyer, #schaumburgattorney, #criminallawyer, #criminalattorney, 

FOID Card

To be eligible for a FOID card in Illinois, a person must be 21 years of age or have a parent or guardian sponsor who is eligible for a FOID card. An applicant must not be prohibited from possessing firearms in accordance with state or federal law. This requires the applicant is/has: not been convicted of a felony. #attorneys, #criminallawyer, #attorneysnearme, #lawyersnearme, #lawyer,

Criminal Convictions

In Illinois, criminal convictions will stay on your record forever. Some convictions and arrests that did not lead to conviction are eligible to be sealed or expunged, which will remove the conviction from a person's public criminal history. #criminalconviction, #attorneys, #lawyer,

Evictions

A tenant has a maximum of 14 days to move out unless they are being evicted for engaging in illegal activity. Only the sheriff or the proper authorities are allowed to remove the tenant by force. Even if the landlord wins the case, they are not allowed to engage in illegal methods of eviction. #eviction, #attorney, #lawyers, 

New Law in 2024

A new Illinois law, effective in the start of the 2024-25 school year requires public schools to teach the history of native Illinois tribes and about the genocide and forced resettlement of native people. It also allows students to wear native dress to graduations. What this addresses: Inclusivity in school curriculum and ceremonies. #lawyer, #attorney, #lawyernearme,

Ban On Zooming And Driving

 A new law effective January 2024, amends the Illinois Vehicle Code.  It provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device, including using an electronic communication device to participate in any video conferencing application or to access any social media site. Excludes the exemptions that permit a driver to use an electronic communication device in hands-free or voice-operated mode or by pressing a single button to activate or terminate a voice communication when a person is using the electronic communication device to watch or stream video, participate in any video conferencing application, or access any social media site. #attorney, #attorneys, #trafficlawyer, #lawyers,

Ban On Automatic Weapons

The Illinois Supreme Court has upheld the state’s ban on the sale or possession of the type of semiautomatic weapons  used in hundred of mass killings nationally. In a 4 to 3 decision Friday, the high court found that the Protect Our Communities Act does not violate the federal Constitution’s guarantee of equal protection of the law nor the state constitution’s bar on special legislation. But it carves out exceptions. Those who possessed semiautomatic guns before it became effective on Jan. 10 are allowed to keep them but must register them with the state police by Jan. 1, 2024. And seven categories of “trained professionals,” such as police officers, active-duty military, corrections officials and qualified security guards, may carry them. #semiautomaticweapons, #criminallawyerschaumburg, #schaumburgcriminallawyer, #schaumburgcriminalattorney, #criminalattorneyschaumburg, #criminallawyernearme,

Mob Action

A participant in a mob action who inflicts injury to the person or property of another through violence can be charged with a Class 4 felony. A participant in a mob action who does not withdraw when ordered to do so by a peace officer commits a Class A misdemeanor which is punishable by up to one year in prison. #schaumburgcriminallawyer, #schaumburgcriminalattorney, #criminallawyernearme, 

Gun Probation

Illinois Governor JB Pritzker has expanded a program that gives probation to first-time non-violent gun offenders.The program was originally only for younger than 21 whose only crime was illegal possession of a gun. A measure signed by Pritzker got rid of the age limit and will continue the program indefinitely.Offenders do not have to submit drug tests, show that they are seeking employment or enroll in school, but the courts could impose those requirements. The gun charge is dropped once a person completes probation. #schaumburgcriminallawyer, #schaumburgcriminalattorney, #criminallawyernearme, #criminalattorneynearme, #marderandseidler,

E-Cigarette Use

 Using electronic cigarettes in public places is prohibited in Illinois under a recently signed law.

The measure amends the Smoke-Free Illinois Act of 2008 that banned smoking in most public places. E-cigarettes are now added to the list of prohibited products.

“Illinoisans deserve to enjoy public spaces without being exposed unwillingly to secondhand vapor and other electronic cigarette by products,” said Gov. JB Pritzker, who signed the bill into law on July 28. “Now, e-cigarettes and vapes will qualify under existing anti-smoking laws, reducing air pollution and making a more accessible, healthy Illinois.”

Individuals and businesses found to be in violation of the law will be subject to fines.#banninge-cigaretteuseimpublicplaces, #schaumburglawyer, #schaumburgcriminallawyer, #criminallawyernearme,

Eliminate Cash Bail

The Illinois Supreme Court upheld a measure on Tuesday eliminating cash bail in the state, finding that Democratic legislators acted properly when they passed the law, which will transform the Illinois criminal justice system and limit judges’ ability to hold defendants in jail before trial.

The Illinois law, which went beyond similar bail overhauls in other states, was part of a national push to reduce jail populations and end a system in which wealth can determine whether a defendant returns home to await trial. But it infuriated many county prosecutors and sheriffs, who asserted that the law was passed improperly and made the state less safe.

In its ruling on Tuesday, the Supreme Court said cash bail would end in Illinois on Sept. 18. Cash bail has been widely used for decades. Rather than sit in jail waiting for a trial that may not begin for months, a defendant is allowed to deposit money with the court and remain free. But if they fail to show up when they are supposed to, the defendant risks losing that money. #cashbail, #schaumburgcriminallawyer, #schaumburgcriminalattorney, #criminallawyernearme, #24hourcriminallawyer,

Squatters Law

Squatters law states the required timeframe needed for a squatter to claim adverse possession. In Illinois, this timeframe is not less than 20 years, during which time the squatter must live on the property permanently. Temporarily vacating the property will nullify the continuous possession claim.#criminallawyerschaumburg, #schaumburgcriminalattorney, #criminallawyernearme, #schaumburglawyer, #schaumburgattorney,

Child Support/Health Insurance

The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case. #childsupport, #childhealthinsurance, #divorcelawyerschaumburg, #divorceattorneyschaumburg, #divorcelawyernearme,

Second Chance Program

The second chance program is designed for first-time offenders who are willing to take responsibility for their conduct and want to keep a felony conviction off their record. If the defendant completes the program, the charges are dismissed with prejudice.  Those who have previously been convicted (i.e. probation or conditional discharge) of any felony offense are not eligible for this sentence. In addition, this sentence is not available for violent offenders or defendants who have previously plead guilty or who have been found guilty of a violent offense. Second Chance Probation may be offered to defendants charged with certain probationable felony offenses such as possession of a controlled substance, possession of cannabis, theft, retail theft, and criminal damage to property. If successful, the court will discharge the defendant and dismiss the proceedings. The defendant may be eligible for expungement of the arrest after 5 years. #secondchanceprobation, #criminallawyerschaumburg, #criminalattorneyswchaumburg, #criminallawyernearme,

Executor of Estate

An executor of an estate is an individual appointed to administer the last will and testament of a deceased person. The executor's main duty is to carry out the instructions to manage the affairs and wishes of the deceased. During the estate planning process, you've likely given careful consideration to whom you will choose to be the executor of your will. Your executor plays an important role as the person who makes sure your assets are distributed according to your wishes after your death. #executor, #executorofestate, #schaumburgdivorcelawyer, #schaumburgcriminallawyer, #attorney, #schaumburgattorney, #schaumburglawyer,

Assault Weapons

Democratic Illinois Governor J.B. Pritzker in January signed into law the Protect Illinois Communities Act that banned the sale and distribution of many kinds of high-powered semiautomatic "assault weapons," including AK-47 and AR-15 rifles, as well as magazines that take more than 10 rounds for long guns and 15 rounds for handguns. In May, the U.S. Supreme Court left in place a Democratic-backed ban on assault-style rifles and large capacity magazines enacted in Illinois after a deadly mass shooting in Chicago's Highland Park suburb in 2022, handing a setback to gun rights advocates. #protectillinoiscommunitiesact, #criminallawyerschaumburg, #lawyersinschaumburgillinois, #attorneysinschaumburgillinois, #lawyer,

Sick Leave

Beginning on January 1, 2024, or when employment begins (whichever is later), covered employees must accrue at least one hour of paid leave for every 40 hours worked, for up to 40 hours of paid leave for every 12-month period.

Electric Vehicle Charging Act

The Illinois legislature recently approved the Electric Vehicle Charging Act (“Act”), which imposes certain requirements for “newly constructed single-family homes and multi-unit residential buildings” with parking spaces, including condominium and community associations, to foster widespread adoption of electric infrastructure for vehicle charging.  If approved, it will become law, effective January 1, 2024. #electricvehiclechargingact, #lawyersinschaumburgillinois, #attorney, #criminallawyerschaumburg,

Adoption

A new amendment to the Illinois adoption laws in 2023; under the Family Bereavement Leave Act, does make a change to allow a day off of work for an individual who has experienced a failed adoption. #adoption, #familybereavementleaveact, #lawyersinschaumburgIllinois, #divorcelawyers, #divorcelawyersnearme, #attorney,

First Offender Gun Probation

Illinois lawmakers approved a measure to expand and indefinitely extend a probation program for first-time offenders charged with illegally possessing a gun.Under the new legislation, the age limit would be dropped, the probationary period would be shortened and the program would continue indefinitely. Under the bill, participants in the program would no longer be required to submit to a drug test, or show they’re seeking employment, enrolling in school or performing community service. Courts could still impose those requirements if necessary.Under the legislation, which has to be signed by Democratic Gov. J.B. Pritzker before taking effect, the probationary program would last anywhere from six months to two years, instead of the current 18 months to two years.The gun charges filed against participants who successfully complete the program are then dropped. #criminallawyerschaumburg, #criminallawyersnear me, #criminallawyer, #lawyersinschaumburgIllinois,

Trespassing

Under a new Illinois law an officer can arrest someone for trespassing if: The person poses a threat to the community or any person; Arrest is necessary because criminal activity persists after issuance of the citation; or. The accused has an obvious medical or mental health issue that poses a risk to their safety.#trespassing, #criminallawyerschaumburg, #criminallawyersnearme,

Divorce Lawyers

The Illinois Marriage and Dissolution of Marriage Act that went into effect on January 1, 2022 contains a number of added provisions that, depending on your circumstances, might impact your divorce a great deal.

The new rule that went into effect that has the most broad impact concerns having the opposing party pay for a divorce attorney. Through motion to the court, one spouse can ask the court to have the other party cover the cost of an attorney. Illinois is a state that seeks to distribute resources equitably — meaning as fairly as possible rather than equally — it makes sense that the court would want to ensure both sides have representation when the only thing preventing it is ready money.  At Marder and Seidler we have divorce lawyers who understand how to accomplish it. #divorcelawyers,

Elder Law

Elder law is the legal practice of counseling and representing older persons and persons with special needs, their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision-making, legal capacity, the conservation, disposition and administration of  estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise. #elderlaw,

Chapter 7 Bankruptcy

Chapter 7 bankruptcy provides relief to debtors regardless of the amount of debts owed or whether a debtor is solvent or insolvent. A Chapter 7 Trustee is appointed to convert the debtor's assets into cash for distribution among creditors. The consequences of a Chapter 7 bankruptcy are significant: you will likely lose property, and the negative bankruptcy information will remain on your credit report for ten years after the filing date. #chapter7bankruptcy,

Whistleblowing

The Whistleblower Protection Act (WPA) was established to ensure that employees who engage in protected disclosure are free from fear of reprisal for their disclosures. Whistleblower retaliation is the taking, failing to take, or threatening to take a personnel action because o The Whistleblower Protection Act (WPA) was established to ensure that employees who engage in protected disclosure are free from fear of reprisal for their disclosures. Whistleblower retaliation is the taking, failing to take, or threatening to take a personnel action because of an employee's whistleblowing. #whistleblowing,

Retail Theft

In Illinois, retail theft is when a person knowingly takes any amount of merchandise from a retail establishment with the intent to permanently deprive that retail establishment of the permanent use of that merchandise, without paying for it. Retail theft in Illinois first offense charges receives a sentence of less than one-year incarceration and a fine of up to $2500. This is for crimes classified as a Class A Misdemeanor for stealing merchandise of under $300 retail value. #retailtheft,

Objects Handing From Rearview Mirror

It may soon no longer be illegal to have objects hanging from the rearview mirror of your vehicle.

A bill passed by the Illinois House, HB 2389, would take away police authority to pull people over for having air fresheners, parking placards and other objects hanging from their rearview mirror.

If passed by the Senate and signed by the governor, Illinois drivers will no longer have to worry about what's hanging from their mirror. #obstructedwinshield,

GPS Monitoring

New legislation took effect in Illinois that allows the court to order a defendant/probationer charged with or convicted of violating an order of protection to GPS monitoring as a condition of bond/probation/ conditional discharge. 

The GPS Monitoring Program is administered by staff of the Circuit Court of Cook County Social Service Department. Under the program, a stationary exclusionary zone is established around all protected addresses of the complaining witness/victim. A GPS device is affixed to the defendant/probationer who is ordered to maintain a minimum distance of 2,500 feet away from the complaining witness/ victim at all times. #gpsmonitoring,

Freedom of Information Act

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. #freedomofinformationact, 

Property Lien

A lien is a legal document that is attached to real estate. A court judgment must be recorded with the Recorder of Deeds in the county where the property is located in Illinois before it can be enforced. Even if the property is situated in the same county as the judgment, the creditor must record the judgment. #propertylien,

Defendant's Rights

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.#criminaldefendants #jurytrial, 

indictment

After the prosecutor studies the information from investigators and the information they gather from talking with the individuals involved, the prosecutor decides whether to present the case to the grand jury. When a person is indicted, they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them. #indictment,

Domestic Battery

A person commits domestic battery if he or she knowingly without legal justification by any means: (1) causes bodily harm to any family or household. member; (2) makes physical contact of an insulting or. provoking nature with any family or household member. In Illinois, domestic battery can be a misdemeanor crime or a felony. In most cases, it will be a Class A misdemeanor if it's your first offense, which can result in a penalty of up to 12 months in jail and fines of as much as $2,500. #domesticbattery,

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date of discovery of the injury. In no event can suit be filed more than four years after the date that the act occurred. When a minor (under 18) suffers an injury because of medical malpractice, the action must be filed within eight years of the date of the injury, but in no event after the person’s 22nd birthday. Furthermore, if the person liable for the injury conceals his or her liability, then an action may be brought within five years of the time the injured party becomes aware of the cause of action. #medicalmalpracticeactions,

Legal Separation or Divorce

There are key differences between a legal separation and divorce. The main difference is that you're still married during a legal separation. But a divorce legally ends your marriage. Other differences include:

• Health care/other benefits: Legal separation may allow for the retention of some benefits, such as health insurance and certain Social Security benefits that end with divorce.
• Marital status: Legal separation allows you to keep your marital status. That means you're not free to marry anyone else. You can only remarry when you're divorced.
• Decision-making: States consider a separated couple to be next of kin. Separated spouses can make medical or financial decisions for the other. Divorced spouses are no longer next of kin.
• Debts/liabilities: Separated spouses are responsible for joint debts taken on during the marriage. But they are not responsible for new debt incurred by the other spouse. The court will divide marital debt when the couple moves on to divorce.
• Property rights: Legal separation preserves a spouse's property rights when the other spouse dies. A divorce extinguishes these rights.
• Remarriage/reconciliation: Reconciliation is easier with legal separation. A divorce is final.
  
  
  ust remarry if you want a legal reunificatio #legalseparation, #divorce,

Special Prosecutor

A special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. #specialcounsel, #specialprosecutor,

Life Sentence Without Parole

A sentence to life without the possibility of parole is a sentence imposed by a judge requiring a convicted defendant to spend the remainder of his or her natural life in prison without being provided the prospect of being released by way of parole or otherwise.#lifesentencewithoutparole,

Expunge Order Of Protection

You can’t expunge an order of protection in Illinois because it’s part of a civil case. That means it doesn’t appear on your criminal record. Because it’s not on your criminal record, you can’t expunge it or seal it – those two actions only apply to criminal records. If you violate an order of protection, you’re committing a crime – and if you’re caught and it ends up on your criminal record, you’re stuck with it. You cannot expunge or seal a conviction for violation of an order of protection, civil no-contact order or stalking no-contact order. #expungeorderofprotection,

Felon Name Change

Illinois has a new law relaxing rules on felons changing names.  It would eliminate a lifetime ban on name changes for people who have been convicted of identity theft, as well as for those on state registries for convictions on offenses that include murder, arson and various sex crimes.  For all other felonies, the law lifts a 10 year waiting period from the completion of a sentence for people to change their names.  #felonnamechange,

Vehicular Highjacking

Under Illinois law a person commits the felony crime of Vehicular Hijacking, Carjacking, when: They take a motor vehicle from a person or the immediate presence of another by the use of force or by threatening the imminent use of force. #vehicularhijacking,

Filing False Police Report

False fire alarms, false crime reports, fake 911 complaints, fake child abuse or neglect reports or false requests for ambulances are all Class 4 felonies, punishable up to 3 years in state prison, as well as up to $25,000 in fines.  False report of theft and other losses includes a person who knowingly makes a false report of a theft, destruction, damage or conversion of any property to a law enforcement agency or other governmental agency with the intent to defraud an insurer is guilty of a Class A misdemeanor. #falsepolicereport,