Civil Statute of Limitations

In civil law, plaintiffs have time limits in which to file a civil claim, collectively called "statutes of limitations." These laws are in place to ensure that claims are made while evidence is still fresh. They also help prevent the constant "threat" of a lawsuit hanging on indefinitely. Illinois civil statute of limitations laws impose a two-year time limit for personal injuries and a five-year statute of limitations for injury to personal property.

The clock typically starts running at the time an injury is suffered. But that's not always the case. It technically doesn't start until the "accrual of claims," which could be the point at which the injury (or its cause) is discovered. The so-called "discovery rule" allows a suit to be filed within a certain time after the injury is discovered or reasonably should have been discovered.

Additionally, the statute of limitation may be "tolled" -- or paused -- for a period of time. This may happen if the plaintiff was a minor (under 18) or mentally incompetent at the time the injury occurred. Also, statutes of limitation may be shortened through contract.

Contested Divorce

Contested divorce can be described as a process where both parties may want the divorce, but cannot agree on all the issues necessary in order for a divorce to be entered such as: child custody, child support, spousal support and property division. Sometimes one spouse does not want the divorce, but a divorce will happen if pushed for by either spouse. Every divorce, contested or uncontested, begins with the filing of a Petition for Dissolution of Marriage. Every divorce ends with a court date, either a “prove up” or a ruling for a judge. In the interim the lawyers and spouses attempt to settle their case and may have interim or temporary hearings on issues with the Judge before case is finalized. This process can take anywhere from a couple of weeks to a couple of years. There are many variables to how long a divorce will take to be resolved.

A new Illinois law will eliminate the requirement that a person have no convictions on his record in order to expunge a case.

 A new Illinois law will eliminate the requirement that a person have no convictions on his record in order to expunge a case. Under the old law, a conviction for even the smallest infraction (for example, a fine on a ticket for underage drinking) would mean that a person could not expunge anything else from his criminal record, even if those charges were dropped.

Although that person could have sealed the dismissed case, there are certain circumstances where an expungement is necessary for furthering someone's goals. Now, the law will determine the eligibility to expunge based solely on the case itself, rather than also on the person.

The new law will also waive the filing fees for many expungement petitions in Cook County during 2017. Petitioners in Cook County will not have to pay filing fees when the case(s) sought to be expunged resulted in acquittal or dismissal. This provision is set to expire at the end of 2017.

Teasing, striking or tampering with police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited

Teasing, striking or tampering with police animals, service animals, accelerant detection dogs, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals, or substance to (i) any animal used by a law enforcement officer in the performance of his or her functions or duties, or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, (iv) any police, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty. It is unlawful for any person to interfere or meddle with (i) any animal used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of the department or agency, (ii) any service animal, (iii) any search and rescue dog, (iv) any law enforcement, service, or search and rescue animal in training, or (v) any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty.

Any person convicted of violating this Section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

New Illinois Police Reforms

Prohibits police from using choke holds, except when deadly force is justified; requires an independent review of officer-involved deaths, and makes investigation reports part of the public record if an officer involved in a death is not charged with a crime; expands police officer training to include topics like use of force; creates a database of officers who have been fired or resigned due to misconduct.

Bond Hearing Criminal Case

In Illinois, every person who is arrested for a felony has the right to have a bond hearing before a Judge in Bond Court.  (725 ILCS 5/110-1-18).  For misdemeanor cases, bond is usually posted at the police station and a bond hearing in court doesn’t take place.

At a Bond Hearing, the Court decides how much money you will have to post in order to be released from jail while your case is pending.  This is a very important phase of the criminal process because your attorney will have the first opportunity to tell the Court positive things about you, your family, and your work history so that you can have the best chance of having a low bond or “no cash” bond.  A “no cash” bond is referred to as an “I” bond that doesn’t require the posting of any cash with the Clerk of the Court.  This is commonly known as a "signature bond."

If the judge sets a “high bond” or a “no bond,” you may be forced to spend months in county jail until the case finishes. The Judge may also refuse to set a bond if he believes that you pose a danger to society or are a flight risk.

Decriminalizing Small Amounts of Marijuana in Illinois

The llinois Supreme Court says it has created new rules to deal with a new state law that decriminalizes possessing small amounts of marijuana.

The high court said Thursday that it has adopted six new rules to establish procedures for the court system to follow when handling civil law violations. Illinois Gov. Bruce Rauner signed the marijuana decriminalization legislation in July that creates civil law violations. The state Supreme Court says that type of violation didn’t exist before the measure became law.

The new rules lay out a regulatory framework and deal with things like appearance dates, notices to the accused, fines and penalties and procedures if the accused don’t appear, among other issues.

Under the new law possessing up to 10 grams of marijuana is punishable by a fine of $100 to $200.