Recent Blog Posts
How Does the Fruit of the Poisonous Tree Doctrine Work?
Police can violate your Fourth Amendment rights in an Illinois criminal case when they conduct an illegal search or seizure. The remedy for violating these Constitutional rights is that some evidence may be suppressed and is not able to be used in your case. A court will throw out evidence that is considered the “fruit of the poisonous tree.” A Will County criminal defense attorney can review your case and determine whether to challenge any of the evidence at trial
Courts Will Apply an Exclusionary Rule
If a court determines that a search or seizure was illegal, they will not necessarily dismiss the case against you entirely. Instead, the prosecutor would need to proceed without using the illegally acquired evidence. Functionally, it could mean that the prosecutor would need to dismiss their case because they cannot prove it. For example, if drug charges against you depend on drugs that were seized in an illegal search, the prosecutor may not have any other evidence to use.
Does the Federal Law Affect Juvenile Institutions?
While juvenile cases are typically a matter of Illinois law, there are times when the federal government may get involved in the juvenile justice system. The Department of Justice (DOJ) may investigate conditions at juvenile institutions and take action when necessary. Overall, the Special Litigation Section of the DOJ is responsible for protecting the rights of juveniles who are confined in detention. You can always report matters when you are concerned about the conditions a juvenile is experiencing. If you already have a juvenile defense attorney, they will know where to make a report.
Civil Rights of Institutionalized Persons Act (CRIPA)
DOJ has jurisdiction to review and investigate conditions within juvenile justice institutions under CRIPA. DOJ does not have the authority to act in response to an individual claim. The agency stresses that they do not have the ability to review cases of wrongful detention of an individual juvenile or the conditions that one person is facing. However, DOJ will determine whether there are systemic issues at a particular institution. If these issues exist, DOJ will send a letter to the state or local government, directing them to take certain steps as corrective action. DOJ and the local government would need to reach an agreement on how the local government will fix these issues. If there is no agreement, DOJ can file a lawsuit against the local government in federal court.
Does Child Support End When the Child Turns 18?
Child support typically ends when the child becomes an adult. However, there are many different situations in which child support payments are extended past a child’s 18th birthday. For example, a parent may be asked to continue providing support during a child's college education. Child support may also be extended because a child is disabled.
Child Support When a Child Turns 18 Before Graduating High School
The most common reason that child support is extended beyond a child's 18th birthday is that the child has not graduated high school yet. The law recognizes that high schoolers still need support and that many high schoolers turn 18 before graduating. Child support continues until the child graduates from high school or turns 19 years old, whichever happens first.
Financial Support for Disabled Children
Once a child is an adult, he or she is expected to be financially self-sufficient. However, children with significant disabilities may not be able to reach this level of financial independence, even once they are an adult. Consequently, child support may be extended beyond a child's 18th or 19th birthday if the child is disabled. Qualifying disabilities may be physical disabilities, intellectual disabilities, or serious mental health problems.
Understanding Your Miranda Rights as a Criminal Suspect
You do not have to have been arrested to know about the Miranda warning. Anybody who has watched a police television show enough times can probably recite it verbatim. However, many people do not fully understand what this warning means. Their Miranda rights are essential rights afforded to individuals who are arrested. If you or a loved one have been arrested for a crime, make sure you understand how these rights can affect the criminal case.
Right to Remain Silent
Anybody who is suspected of a crime has the right to remain silent. This right stems from our constitutional right to avoid incriminating ourselves. One of the best things that a criminal defendant can do if he or she is arrested is say nothing. Police officers will ask questions about the defendant’s whereabouts on a certain day, the circumstances of the alleged offense, or the defendant’s personal life. However, the best thing to do is to avoid answering any questions, regardless of how innocent they may seem.
Why is Establishing Paternity Important?
Establishing paternity is an essential legal process that determines the father of a child. In Illinois, paternity can be established in several ways, including through marriage, voluntary acknowledgment, or court order. While establishing paternity is important for both mothers and fathers, we are going to focus on why it is especially important for fathers in Illinois. For matters pertaining to paternity, do not hesitate to contact a paternity lawyer to ensure your rights are protected and advocated for throughout the legal process.
Importance of Establishing Paternity
Reasons that parents should prioritze establishing paternity including the following:
-
Establishing Parental Rights – One of the most significant reasons why fathers must establish paternity is to establish parental rights. Without legal paternity, fathers may have limited or no rights to decide on their child’s health, education, or other important matters. Establishing paternity ensures that fathers have a legal right to be involved in their child’s life, including making crucial decisions about their upbringing.
Plea Bargaining in Illinois Criminal Cases
If you or a loved one have been accused of a criminal offense, you may be unsure of what to expect next. Most people are only vaguely familiar with the Illinois criminal justice system. They are unsure of how a criminal case progresses or what steps are involved. Many people also have questions about plea bargaining. Plea deals, plea agreements, and plea bargains are all terms used to describe a situation in which a criminal defendant pleads guilty in exchange for some type of benefit. It is important to understand the potential advantages and disadvantages of accepting a plea agreement and when it is in a person's best interest to plead guilty to an offense instead of going to trial.
Examples of Plea Bargains
According to some research, a surprising 98 percent of criminal cases are resolved through plea agreements. Many prosecutors aim to get a criminal defendant to agree to a plea deal because it saves them the time and expense of going to trial. Illinois courts are often backlogged with cases and resolving a case through a plea agreement helps reduce this burden.
Five Warning Signs of Hidden Assets During Divorce
Finances play a crucial role in any divorce case. Because of this, Illinois law requires divorcing spouses to provide detailed information about their income and property during the divorce. The information spouses provide on their financial affidavits will be used to address everything from property division to child support. Whether you are engaged in an uncontested divorce or contested divorce, truthful financial disclosure is required from both parties in order for the divorce outcome to be fair and reasonable.
It is important for divorcing spouses to be aware of warning signs that could indicate that the other spouse is hiding assets, failing to disclose all income, or otherwise lying about finances.
Refusing to Discuss Financial Matters
One red flag that could indicate financial deception during divorce is a refusal to discuss financial matters. If your spouse shuts down or becomes irate upon the mere mention of gathering copies of tax returns or discussing the division of marital assets, this could be a sign that he or she is trying to hide something. Ideally, divorcing spouses would be cooperative and provide the information needed to resolve the divorce without court intervention. However, if a spouse refuses to provide the necessary information, subpoenas or other discovery tools may be needed to gather the information.
Are Breathalyzers Ever Wrong?
Breath alcohol tests, or "breathalyzer tests," as they are sometimes called, measure the amount of alcohol on a person's breath. This information is used to calculate the person's blood alcohol concentration (BAC). Often, a police officer asks a person to take a breathalyzer test during a traffic stop because they suspect the person is driving under the influence. While breathalyzers are commonly used to measure BAC levels, they are not always accurate.
If you or a loved one were arrested for DUI, you might be able to get the charges dropped or secure an acquittal by challenging the validity of the breathalyzer test results.
Roadside Breath Tests Versus Evidentiary Breath Tests
One of the most common misconceptions regarding DUI traffic stops involves the breath test period most people are not aware that there are two different types of breath tests used by police officers in Illinois. The first is a roadside, preliminary breath test. This test is used to demonstrate probable cause for a DUI arrest. However, the results of this breath test are not admissible in court. After somebody is arrested for drunk driving, they are taken to the police station and given a second, more accurate breath test. This is an evidentiary breath test. The results of this breath test can be used in a DUI case.
What Do I Do I Find Out I Am Not the Biological Father of a Child?
Becoming a parent is one of the most significant life events a person can go through, and it comes with a host of different emotions. However, the excitement and joy of becoming a parent can quickly turn to shock and dismay when a man finds out that he is not the child’s biological father.
If you have found yourself in this unfortunate situation, you may understandably be filled with questions and concerns. You may wonder whether you will still be obligated to pay child support or whether there is any legal action you need to take to rectify the situation.
Paternity Laws in Illinois
Paternity is the legal father-child relationship. Once paternity is established, a father has the right to seek parenting time (visitation) and custody of his child. The father may also be required to pay child support. When a married couple has a child, the mother’s husband is automatically presumed to be the father. When an unmarried couple has a child, they can establish paternity by signing a document called a Voluntary Acknowledgement of Paternity (VAP).
What to Do If Your Girlfriend Falsely Accuses You of Domestic Violence
While domestic violence is a very real concern in households across Illinois, not every allegation of domestic abuse is legitimate. An individual may accuse a romantic partner or family member of abuse to gain leverage in a divorce or child custody case, or out of anger or revenge. If your girlfriend has falsely accused you of domestic violence, make sure you understand your rights and options under Illinois law. Additionally, reach out to a criminal defense lawyer with experience defending clients who have been accused of domestic violence.
Comply with any Orders of Protection
If your girlfriend has accused you of physical abuse, threatening behavior, harassment, or stalking, she may have obtained an Order of Protection (sometimes referred to as a restraining order) against you. This is an official court document that restricts your contact with her, and it may also restrict access to a shared home or prohibit you from spending time with children you have in common. The order will likely require you to stay a certain distance away from her and avoid calling, texting, or emailing her.
Fill out the form below to schedule a consultation.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
Results listed are not a guarantee or indication of future case results.
58 North Chicago Street, Suite 404, Joliet, IL 60432815-885-5980
