Posted on October 14, 2015 in Prenuptial Agreements

When many people think about a prenuptial agreement, the first thought that comes to mind is a wealthy, celebrity couple looking to protect their individual assets and property. Prenuptial agreements, sometimes called premarital agreements, are certainly useful in providing financial security in the event of a possible divorce, they do not have unlimited contractual powers. Before signing a prenuptial agreement, it is important to recognize some of things they cannot do.

They Cannot Be Too One-Sided

Provisions regarding the powers and limitations of prenuptial agreements are contained in the Illinois Uniform Premarital Agreement Act. While there are several possible reasons that an agreement could be found to be unenforceable, including coercion or deception, only one concerns the terms of the agreement itself. A prenuptial agreement will not be enforced if it is shown to be unconscionable. So what does that mean?

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 Posted on October 09, 2015 in Criminal Defense

As the Chicago Blackhawks get set to open the 2015-2016 season this week, concern over illicit drug use around the National Hockey League is growing. The NHL, like most professional leagues, has strict testing and disciplinary guidelines in place regarding the use of steroids and other performance enhancing drugs (PEDs), but the rules are less defined in relationship to street and party drugs like cocaine and ecstasy.

Results of Random Testing

As part of the program to eliminate the use of PEDs, NHL players are subject to team-wide testing during training camp and once more during the season. Individuals may also be tested at random under the terms of the league's existing labor agreement. Some 2,400 test are collected each year, of which, about 800 are analyzed more closely for other illegal drugs. Over the last several years, these tests show that cocaine use among NHL players is again on the rise. While the NHL is certainly no stranger to drug issues, including cocaine, the league has made assurances that the situation is a point of focus going forward.

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 Posted on October 07, 2015 in Divorce

The effects of you divorce are likely to be felt throughout many aspects of your life, often for years into the future. But did you know that that your divorce could continue to affect you and your loved ones even after your death? It could if you are not careful, anyway. Following your divorce, it is important to understand how ending your marriage may impact your plans for dividing your estate.

Enduring Contracts

In certain cases, the terms of your divorce agreement may require you to keep your ex-spouse as beneficiary for certain accounts or investments as a form of security for spousal maintenance or property division purposes. More often, however, you will be free to choose new beneficiaries so that your ex-spouse does not stand to collect money or assets that should be going to another family member. It is extremely important to make such changes directly with the investment company or life insurance carrier or else the contract you signed when you opened the account or began the policy may remain in effect, and could possibly take precedence over your divorce decree.

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 Posted on September 29, 2015 in Criminal Defense

Consider the contents of your wallet. If it was stolen, what would be the most challenging thing to do without for a few days? Chances are, you could get by without your credit or debit card and insurance identification cards for a little while until you receive new ones. Your driver’s license, however, is a whole different story. Without it, you would probably struggle to board an airplane, purchase alcohol, or even cash a check. However, for many years, the state of Illinois allowed law enforcement officers to take a person’s driver’s license as bail when citing him or her for a traffic violation. Thanks to a law that went into effect earlier this year, though, the practice has come to an end, and it is important to know your rights and responsibilities.

Implementing Sign and Drive

Just over a year ago, the Illinois legislature and then-Governor Pat Quinn recognized the challenges presented to citizens by having their licenses confiscated as bail. They realized that affecting the way that a person goes about his or her daily life was not appropriate based on relative minor severity of most traffic violations. Thus, in August of 2014, the so-called Sign and Drive was officially signed by the governor, taking effect on January 1, 2015.

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 Posted on September 28, 2015 in Alimony

Under the law in Illinois, children have to right to expect financial support from both parents, regardless of the adults’ marital situation. The same is not true, however, for divorcing spouses. While there may be situations in which spousal maintenance is appropriate, there is no inherent assumption that it will be granted. Instead, in the absence of an agreement either at the time of divorce or prior, such as a prenuptial agreement, the court will examine the applicable circumstances and decide if an order for spousal support is necessary.

Negotiated Maintenance and Prenuptial Agreements

Most aspects of divorce can be settled fairly amicably through the process of negotiation. You and your spouse may be able to reach an agreement regarding spousal support with an arrangement that works for your particular situation. Spousal maintenance provisions can also be included in a prenuptial agreement, created prior to your marriage. As long as such agreements are workable and relatively fair, they are likely to be accepted by the court.

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 Posted on September 24, 2015 in Criminal Defense

Every year, a surprising number of people are arrested after having their cars searched. Often, the police find drugs, weapons, or other contraband in the car and then arrest all of the occupants. But, police are not allowed to randomly search vehicles. Everyone in the United States has a Constitutional right to be free from unreasonable searches and seizures.

If you have had you car searched by police, it is important to know if the search was legal or not.

Search and Seizure Law Basics

The Fourth Amendment to the U.S. Constitution gives you the right to not have your property searched or taken unreasonably. This means that the police must either have your permission, a warrant, or there must exist some special circumstance, before they can search your property, including your car.

If a search is found by a court to have been illegal, all evidence gathered from that search will be inadmissible in court. This is sometimes called "fruit of the poisonous tree". If you give the police permission to search you vehicle, however, the search will almost certainly be legal.

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 Posted on September 22, 2015 in Divorce

According to the law in Illinois, nearly all property acquired by either spouse during the course of marriage is considered part of the marital estate and is subject to division in the event of divorce. This generally includes all wages derived from employment, even if those funds have been invested into a retirement account set up in the name of just one spouse. The same is true for a pension, as its value is attributable to the working effort of a spouse, which, in the context of a marriage, causes the asset to become marital property.

All, Some, or None?

If you have been actively saving for retirement for many years, it is very possible that your retirement account, including a 401(k) or an IRA, existed long before your marriage was even a consideration. The contributions and the resulting increase in value of the investment made during the marriage are part of the estate. The contributions and value increases prior to the marriage or after your divorce are not included in the division of property process.

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 Posted on September 17, 2015 in DUI

When you have been arrested on suspicion of driving under the influence (DUI), your life is likely to change dramatically. In addition to potential criminal penalties, your ability to drive legally may be severely hampered by administrative suspensions and revocations. Prior to sentencing, in most cases, and certainly before driving relief will be considered, Illinois law requires an individual arrested for DUI to undergo an alcohol and drug evaluation.

Purpose of the Evaluation

The state of Illinois has a vested interest in maintaining public safety and identifying potential risks created by drivers with substance abuse issues. Therefore, by requiring the evaluation, the state receives an objective overview from licensed professional regarding the extent of a driver’s drug and alcohol use, and the likelihood of future occurrences of driving under the influence. The results of the evaluation may also be used to recommend intervention treatment as part of the court-ordered conditions included in the disposition of the case.

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 Posted on September 15, 2015 in Child Support

It is the legally-recognized right of a child in Illinois to expect financial support from both parents, regardless of the relationship between them. It is impossible, of course, to legally mandate a healthy relationship between a child and both parents, but the state does have the ability to enforce orders of child support. If you are like most parents, you are more than willing to help provide for your child and make every effort to remain current on your ordered payments. What happens, though, when life changes make it difficult to meet your support obligations?

Creating the Original Order

In the vast majority of situations, the obligation to pay child support falls upon the parent who is not granted primary physical custody of the child. Illinois law provides a basic formula for calculating child support payments, based primarily on the payor’s net income and the number of children to be supported. Other circumstantial factors can be taken into account, including the resources and income of the custodial parent, as well as the physical, medical, and educational needs of the child.

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 Posted on September 10, 2015 in Criminal Defense

"Victimless crime" is a common phrase used to rationalize certain illegal behaviors, such as public intoxication and recreational drug use. It implies that no other party was injured or damaged by the activity and, in the minds of certain groups, should be therefore punished less harshly or not at all. While there may be some merit to such an argument, could it possible to commit a crime against yourself? Based on recent case in North Carolina in which a teen girl was charged with sex crimes against herself, the answer seems to be "maybe."

Teen Sexting

According to a number of recent studies, as many as one in four teens engage in sexting, or sending sexually explicit images electronically to another person. As such, it hardly seemed all that unusual for a 16-year-old Fayetteville, NC, girl to send a nude photo of herself to her boyfriend, also age 16. She was arrested on two counts of sexual exploitation, one for possessing the photo and one for sending it. The warrant for her arrest, reports indicate, listed her as both the suspected adult perpetrator and the minor victim. The boyfriend faced similar charges for possessing the picture she sent, along with several explicit photos of himself. While certain concessions are often made for consent and similarity in age, the local sheriff’s department said, such charges are not often dismissed completely. The case, and others like it around the country raise some very interesting questions about the correlation of technology, social morality, and law enforcement.

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