Posted on November 29, 2018 in Criminal Defense

If you've been charged with a crime in Illinois, the odds are high that your case will never go to trial. While it varies a little from state to state, 97 percent of federal convictions happen through plea deals. So do 94 percent of convictions for felonies at the state level.

Unfortunately, not all of those people who plead guilty are guilty. Since the system records them as guilty, there's no way to tell for sure how many innocent people take a plea bargain instead of taking their chances at trial. However, it's believed to be a considerable number. Seventy percent of the people in your local jail are there because they can't afford bail. They can't even afford what it would cost to get a bail bondsman to put up the rest of their bail for them.

A plea bargain, for many people, is simply a bargain with "the devil they know" in order to get home to their families and their lives faster. Once they do the math, many people realize that they'll spend more time in jail waiting on their trial than they would if they take a plea. They decide to plead guilty for practical reasons.

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 Posted on November 23, 2018 in Family Law

Are you the father of a child born outside of marriage?

In years past, mothers generally retained exclusive control over the children born from unmarried relationships. Fathers could do very little to retain contact with their children if the mothers objected.

Times have changed. A paternity action can give you the right to establish a relationship with your child — even over the mother's objections.

Choosing to establish paternity over your child is about a lot more than just signing your name on a birth certificate and providing financial support for your child. Consider this:

• Every child has the right to know his or her father. You are giving your child the precious gift a lasting connection with you that can't be easily broken.
• By establishing paternity, you ensure your child's right to an inheritance from you when you pass away.
• Your child also gains the right to collect important benefits if you become disabled, such as Social Security.

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 Posted on November 14, 2018 in Criminal Defense

If you are charged with a crime in Illinois, the best thing you can do for yourself is defend your rights. You don't want to end up with a bias against you in court, and you shouldn't have to worry about unfair treatment.

Whenever you're charged with a crime, you have a right to speak with your attorney. Your attorney's job is to protect and educate you. Your attorney can help guide you through the steps of a criminal case and will do all they can to make sure you don't face unfair charges or penalties.

If you are charged with a serious offense, such as assault and battery, then you need to shore up your defenses quickly. Here's a bit on what you can do to build a strong defense.

1. Be honest with your attorney

To start with, be honest with your attorney. Don't hide anything about your case, because it's likely that those facts will come out one way or another. Your attorney won't be surprised by anything you tell them, so be honest.

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 Posted on November 09, 2018 in Divorce

Sometimes, people just know that a divorce is the right choice. If that's you, then what some believe was the sign to divorce might resonate with you.

For example, trust is an important part of a relationship. If you lose the trust of your spouse or believe you can't trust them, then a divorce might be the one choice that could help. One person explained that trying to save a marriage can work, but if there is no trust, then there is almost no way forward.

Marital counseling can help make your divorce easier

Others believe that the process of trying to save a divorce through therapy can actually solidify the choice to go through a divorce. For instance, if you go through marriage counseling and find that neither you nor your spouse has any romantic feelings left for one another, then it might be the end.

The good thing about coming to these realizations is that they can help you move forward with a divorce without animosity. If you both go through marital counseling, it can help you come to the mutual agreement to divorce instead of having one person choose it and making the other go along with the decision.

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 Posted on November 02, 2018 in Criminal Defense

After an arrest, many people wait to learn whether the court will allow for their releases on bail or bond. In numerous cases, parties may not have the ability to meet cash bail amounts, and as a result, they spend a considerable time in pretrial detention. Commonly, individuals who pose no threat to the community or who are innocent of the alleged crime will still spend time behind bars.

Fortunately, for you as an Illinois resident, you may not have to contend with this type of situation. The governor signed the Bail Reform Act into law last year, and it took effect at the beginning of this year. Now, in the event that you face arrest, you may have a lessor likelihood of remaining in pretrial detention if you cannot meet bail.

Bail Reform Act

The new law addresses considerations for bail amounts and whether accused parties could face release on their own recognizance, which means that the individuals agree to appear in court when told, but do not have to pay bail in order to obtain release. The desired effect of this new law relates to lowering the populations of county jails.

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 Posted on October 29, 2018 in Family Law

If you have a child and are going through a divorce, one thing you should understand is how the court determines custody. Overall, like any other state, the courts want to do what's in the child's best interests.

When thinking about what's best for the child, the judge also has to consider the parents' situations. Here are a few other facts about child custody in Illinois.

Judges have to consider many factors

To start with, judges have to look at factors such as a child's wishes and if either parent is an active member in the military. The judge also has the opportunity to hear from third-party witnesses and will look into each parent's willingness to work with the other parent.

If there is a history of abuse, trouble with addiction or other negatives, then the judge will consider these and weigh the risks to the child during the custody hearing.

Joint custody is preferred in Illinois

In Illinois, judges and courts typically award joint legal custody and potentially joint physical custody. The judges have to be cautious to look out for the best interests of the children and to make sure each parent has the appropriate living conditions to bring a child into the home.

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 Posted on October 25, 2018 in Criminal Defense

If you are addicted to drugs, it doesn't necessarily mean that you're out to harm other people. You may only want to do what you can to help yourself avoid withdrawal. If you have nowhere to turn, then it's the only lifestyle you know how to rely on.

This is something that courts are beginning to take into consideration. People who are addicted to drugs are not only harming others but also themselves. With assistance, it's possible to reduce the likelihood of further violations while also helping the individual get their life back.

Drug courts may consider helping you through addiction counseling or substance abuse treatment if you're a nonviolent offender. For instance, in two cases in Illinois, people were arrested for drug charges. One, 40, is accused of selling methamphetamine. Another, 50, is accused of selling cocaine.

In both cases, neither person was violent toward the police, and there were no weapons charges filed. As a result, these might be good candidates for a drug-court program. Illinois has many drug-court programs across the state. These may help people with drug addiction seek addiction treatment. They often help these individuals stay out of prison as they work toward bettering their own lives.

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 Posted on October 19, 2018 in Divorce

Going through a divorce doesn't have to be difficult, but more often than not, there are a few snags in the process that might cause disputes or delays. There are often financial concerns to worry about, which can weigh heavily on your mind.

There are several financial pitfalls of divorce. Here are three to consider before you make the leap into ending your marriage.

1. Not considering the best time for divorce

Not being prepared for divorce can affect you negatively in an instant. Divorces can be long processes, and you need to have your ducks in a row before moving forward. Think carefully before you begin the divorce. Consider what kinds of bonuses or extras your spouse may be receiving. Think about payments and extras you could receive just by staying married a little longer. Timing is everything.

2. Not saving enough before starting the process

Divorce can be expensive, so you need to save up before you file. The divorce itself will have fees, but you also have to consider how your finances will change if you have to move out or pay for bills on your own.

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 Posted on October 18, 2018 in Divorce

Only you and your spouse truly understand what led to your decision to divorce. If you've been married 10 years or more, you've likely encountered many relationship challenges and have perhaps overcome quite a few. There is no way to predict which marriages will stand the test of a lifetime and which will face issues that spouses determine they are unable to resolve.

Regardless of whether you were the one to file for divorce, you no doubt have been experiencing a wide range of emotions as you prepare to achieve a settlement. Divorce is never easy and can be emotionally traumatic on many levels. The stronger your support system, the better. This is especially true if you have children or are facing legal problems regarding custody, visitation or property division.

Ways to find closure

You can't undo time that has already passed; therefore, you will always have memories of your spouse and the years you spent together. The following list includes things other spouses say they had to let go in order to find emotional healing after divorce:

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 Posted on October 15, 2018 in Criminal Defense

With Halloween approaching, many people are looking forward to a night of fun, trick-or-treating or perhaps a few drinks and pranks. While All Hallow’s Eve can be a night of innocent fun and scares, it can quickly evolve into something more sinister.

Sometimes, it’s all too easy to take Halloween revelry a bit too far, resulting in civil or criminal consequences. The last thing that anyone wants on an evening of fun is to end up in jail. This Halloween, take caution to avoid these common crimes.

DUI or DWI

If your Halloween celebrations will involve alcohol, drink in moderation. Designate one of your friends as the sober driver. If your whole group will be drinking, hire a taxi or rideshare to drive you, or take public transportation.

Trespassing and breaking and entering

Halloween is full of treats—and some tricks. But if your tricks involve creeping onto someone else’s property, beware. The police may not find this prank too amusing. Make sure that you have permission to enter someone else’s property before trespassing.

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