Recent Blog Posts
How to Schedule a Secretary of State Hearing for License Reinstatement
If your Illinois driver’s license was suspended or revoked, you will have to attend some form of Secretary of State hearing to have it reinstated. How you prepare for that hearing and whether it will be formal or informal depends on the reason you lost your license, all of which we will explain below. If you are worried about the reinstatement process, do not panic: With the help of an attorney skilled in Secretary of State representation, you can move through the hearing process smoothly.
Formal and Informal Driver’s License Reinstatement Hearings
To reinstate your license, you will need to schedule a Secretary of State hearing. There are two types of reinstatement hearings: formal and informal. You will need a formal hearing if your license was suspended or revoked because of a traffic offense involving a fatality or multiple DUIs on your record. If your revocation did not involve a fatality, if you do not have sanctions related to lesser moving violations on your record, and if you do not have any DUIs, you can schedule an informal hearing.
How Can I Defend Against False Allegations of Domestic Violence?
Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case.
Why Would Someone Make False Allegations of Domestic Violence?
First, it is vital to understand who can make domestic violence claims in Illinois. This includes "family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants." Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.
How Will a Retirement Account Be Divided in an Illinois Divorce?
Although you can make many settlements in a divorce decree such as child support, alimony, and custody, a settlement on the division of assets that includes retirement accounts does not guarantee that the spouse without a retirement account of his or her own will get the payments that he or she is owed. If your spouse was the primary breadwinner and you are trying to ensure that you receive payments from his or her retirement account, you will need a Qualified Domestic Relations Order (QDRO, pronounced “quad row”) to make their employer pay you what you are owed.
Understanding a QDRO
Even if your divorce agreement provides you with a particular portion of your spouse's retirement funds, you may experience some setbacks without a QDRO. For instance, withdrawing funds from a spouse’s retirement account without the protection of a QDRO could result in penalties. You should plan to draft a QDRO in most cases, but if your spouse’s retirement account is not IRS tax-qualified and covered by the Employee Retirement Income Security Act, a QDRO is not applicable. Military and government pensions are not IRS tax-qualified, so a QDRO will serve you no purpose in that case.
What Is a Title Contingency in Illinois Real Estate?
Buying a house is a significant decision. As such, there are numerous tools that you and your attorney can use to protect yourself if something goes wrong during the buying process. To take the necessary precautions, you would include contingencies in your Agreement of Sale. A contingency is a condition that must be met before you can complete a purchase. There are many different types of contingencies that you and your attorney may choose to include in your agreement, one of which is a title contingency.
What Is a Title?
A “title” in real estate refers to a property’s record of ownership. Not only does it contain details regarding past owners, but it will also include liens or judgments made against that property. In most cases, before you buy a new home, your attorney will examine the property’s title to make sure it can be properly transferred to you.
What Are Common Defenses for Robbery Charges in Illinois?
Theft crimes are taken seriously in Illinois, with penalties that can include hefty fines and jail time. Typically, robberies are charged as felonies in Illinois. However, when preparing a defense, attorneys and robbery defendants have a few standard tools at their disposal. Most of these strategies amount to convincing the jury that the prosecution’s evidence does not prove a defendant’s guilt beyond a reasonable doubt. With a well-structured defense and a capable, experienced criminal defense attorney, you have a strong chance of avoiding or limiting robbery charges.
Defenses for Robbery Charges
Before you defend against robbery charges in court, you and your attorney are likely to choose between two routes: Either claiming innocence and arguing that the prosecution’s evidence does not prove guilt, or admitting guilt but arguing that the details of the crime remove accountability.
How Will a Guardian Ad Litem Affect My Divorce in Illinois?
Illinois has comprehensive child representation laws to protect a child’s best interests when their parents are divorcing or separating. In some cases, spouses may contest child support, child custody, parenting time, education, parentage, and their child’s general welfare. Before making a decision, the court may appoint a professional to serve the child either as an attorney, a child representative, or a guardian ad litem (GAL). If he or she functions in the capacity of an attorney, he or she will provide the same independent legal counsel and representation for the child that would be given to an adult client. A child representative tries to ascertain the best interests of the minor and offer evidence-based legal arguments to the court, but it is important to understand that he or she cannot render opinions during the divorce proceedings.
What Are the Consequences of Credit Card Fraud in Illinois?
Over the last two decades, credit and debit cards have moved from being the exception to the norm. For that reason, credit card fraud laws carry stringent punishments. As an Illinois resident, it is important to understand the consequences of credit card fraud to avoid complex legal disputes. However, if you ever face charges for credit card fraud or other white-collar crimes, you must assemble a solid defense with an accomplished white-collar crime lawyer to defend these criminal charges and your rights in court.
Illinois Credit Card Fraud Laws
Illinois has laws that punish the wrongful possession, sale, or use of a credit card. This law does not only pertain to stolen credit cards. You cannot use a false statement to apply for new credit or debit cards, use a credit card as security for a debt, use counterfeit or expired credit cards, or use credit cards with a willful intent to defraud. In all of these cases, the severity of the punishment is based on the cash value of whatever property was gained, even if there was only an attempt.
What Is an Estate Tax in Illinois?
Planning what should happen with your estate after your death can be a difficult decision. This is not just because of the nature of the task, but because there can be a lot of different choices to be made. A key factor when making any decisions should be the Illinois estate tax. We will explain this below and discuss why it is important to take it into consideration when planning your estate. An experienced estate planning attorney can assist you through the process and ensure that your loved ones are properly cared for in the future.
Illinois Estate Tax Law
The Illinois estate tax is a graduated tax rate that goes up to 16 percent and is only applied on estates that are worth more than $4 million. If your estate is worth less than $4 million, the tax rate will not be applied and you do not need to consider it.
In some states, estate tax exemptions are portable, but not Illinois. Portability means that if one spouse dies but does not use any of his or her allotted estate tax exemption, that value can later be used by the other spouse. However, Illinois law is a bit simpler and only provides a $4 million exemption cap for each individual.
What Are the Consequences for Embezzlement in Illinois?
In Illinois, white-collar crimes can be accompanied by strong punishment. As such, it is important to understand what constitutes embezzlement and what kinds of charges such an act can result in. There are many different levels of embezzlement as defined by Illinois law, and there are different charges for each. Regardless of the circumstances of any criminal charge you may face, defend your rights to the fullest extent with the help of a trusted white-collar crime attorney.
Illinois Embezzlement Laws
Embezzlement is defined as theft when there is a fiduciary relationship between the involved parties when the embezzler acquires property as a result of his or her relationship and transfers that property to another party for his or her own gain, and when these actions are intentional and not due to a misunderstanding. Someone can be charged with embezzlement for the theft of tangible or intangible property. Tangible property can be anything from jewelry to cars, and intangible property can be money, stocks, billing schemes, and other financial assets.
When and Why Should I Pursue a Post-Divorce Modification in Illinois?
The initial process of filing for a divorce and negotiating or litigating the corresponding terms is typically just the first stage of separation. Over time, both individuals’ and their children’s circumstances may change, which could justify a change in the agreement in order to be fair to both parties. There are many reasons why you or your ex-spouse might want to pursue a post-divorce modification. Regardless of the changes in mind, you should seek the assistance of a highly qualified divorce attorney. With his or her legal guidance, you will be able to better negotiate with your ex-spouse to achieve a favorable outcome.
Post-Divorce Modifications
Many circumstances can lead people to seek post-divorce modifications, but the following are a few of the most common. If the party who is paying spousal support loses his or her job, a modification may be necessary to reflect this change in income. Similarly, if a person is receiving rehabilitative spousal maintenance, a modification may be necessary to reflect the change in income once he or she finds a job and is able to properly support himself or herself.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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