Recent Blog Posts
Sex Crimes and the Illinois Sex Offender Registry
Unlike those related to many other crimes, convictions for most sex crimes carry penalties that last far longer than a prison term, probation, and parole. If you are convicted of a sexual offense in Illinois you may be required to register as a sex offender for ten years, or even for the rest of your life.
Who Has to Register?
Illinois law, in most instances, does not give a judge much, if any, flexibility in deciding who should be required to register as a sex offender. The law mandates that judges impose registration as a part of a criminal sentencing. Crimes that include mandatory registration as a sex offender include:
- Sexual assault;
- Aggravated sexual assault;
- Predatory criminal sexual assault;
- Sexual abuse;
- Aggravated sexual abuse; and
- Child pornography crimes.
The Principle of Equitable Distribution
For most couples, the decision to pursue a divorce is not one that is made overnight. In fact, the vast majority of such decisions are the product of months or years of soul-searching and, in certain cases, waiting for the right time. If you are thinking about ending your marriage, for whatever reasons you may have, you are probably starting to realize that divorce is not as simple as a high school or college break-up. Rather, it is complicated undertaking that requires careful consideration regarding a wide variety of subjects. Among the most difficult of these concerns is often the division of marital property, as many people are unfamiliar with the laws that govern the process.
Common Misconceptions
Thanks to modern entertainment media, the general public tends to believe that, in a divorce, each spouse is entitled to half of the marital estate regardless of their situation. The only exception to this “rule,” in many minds, is if the couple had a valid prenuptial agreement that made different arrangements. While a 50/50 split may seem logical in some cases, Illinois law does not make any guarantees regarding an equal allocation of marital property.
Drone Photography: A Growing Trend in Real Estate
Not all that long ago, if a prospective home buyer wanted to get a feel for a listed property, his or her only options were to schedule an appointment or attend an open house. In short, the buyer needed to physically visit the home. Over the last several decades, improvements in the convenience of photography and digital technology have made it easier for people to visit properties online before deciding to see the home in person. Today, many real estate companies have taken the next step in marketing available homes, utilizing the power of flying drones equipped with high-definition video cameras.
The Rise of the Drones
Unmanned aerial vehicles (UAVs), also known as drones, have been part of the United States military inventory for decades. They were initially used primarily for reconnaissance and observation, able to infiltrate more dangerous locales without placing a pilot and crew at risk. While military drones have evolved to take on attack capabilities, much smaller, cheaper variations of drones have become readily available for recreational purposes, including aerial photography.
Understanding Home Sale Contingencies
The process of selling your home can be long and difficult, so when a prospective buyer makes an offer, it is often very exciting. Many buyers, however, are not in a position to make a purchase without selling their current home. But what happens if the buyer sells his or her home without knowing that the purchase of your property is a guarantee? Such a situation can be very tenuous for an individual or family, leaving them in a state of limbo and without anywhere to go after the closing on their home. To address this possibility, home buyers are increasingly making offers that include home sale contingencies.
Growing Acceptance
While real estate professionals suggest that home sale contingencies are not preferred, they are often necessary. In some cases, a buyer may have trouble securing a mortgage to buy a new home while still paying on his or her current residence. In others, he or she may not be able to afford to maintain two homes at the same time. As you try to sell your home, you would, of course, probably prefer to have a solid offer rather than one with contingencies, but if all of the other elements are right, and you do not have a line of prospective buyers vying for your attention, a home sale contingency may be worth your time.
Be Wary of Real Estate Scams and Fake Rental Listings
When you a looking for a new home, whether you are ready to buy your dream house or simply looking to rent for the time being, the process can be overwhelming. Hours of searching for the right place can leave you feeling frustrated, and you may wonder if you will ever find a home that meets your needs. Unfortunately, it is not uncommon for unscrupulous individuals to prey upon the emotions of those looking for a new home, and attempt to scam you out of your hard-earned money. Such was the case for a Salt Lake City woman who lost nearly $4,000 to a bogus landlord purporting to be from here in Illinois.
Out-of-State Interactions
In January of this year, a woman in Utah was looking for homes to rent on the online classifieds site Craigslist. Finding a house that she liked, she contacted the alleged owner, who instructed her to go see the unlocked home on her own. The woman determined that she wanted to move in. According to reports, the “landlord” told her to sign the lease and to electronically wire $3,900 for a security deposit and the first month's rent. The keys, the alleged owner reportedly said, would be mailed to the woman from Illinois; they never arrived. Finally deciding to some digging, the woman checked public records regarding the home's ownership, and found the owner to be someone other than the person to whom she had just sent thousands of dollars.
Is Your March Madness Office Pool Illegal?
It is that time of year again. As the Men's NCAA Basketball Tournament gets underway this week, millions, if not tens of millions, of individuals of individuals will toss a few bucks into the office pool and try to fill out a bracket that beats everyone else's. According to Forbes, more than $9 billion—yes, billion—will be wagered on this year's tournament, more than double the amount illegally wagered on the Super Bowl last month. This number does not even account for additional $4 billion expected to be lost by reduced productivity during the tournament as employees monitor their chosen teams. While there is little use denying that office pools are here to stay, it is important to realize that, according to Illinois law, illegal gambling is a crime, and an office pool constitutes illegal gambling.
Four Reasons to Hire a Real Estate Lawyer When Buying a Home
Buying a home is likely to be the largest investment you ever make during your lifetime. If you have never bought a house before, you may not be aware of just how complicated the process can be. There are countless variables to consider and potential pitfalls to avoid, and attempting to navigate the process yourself can be costly, both in terms of time and money.
You may, of course, consider working with a real estate agent or broker to help facilitate finding the right home for you and your family. An agent, though, should be just part of the equation. You should consider hiring an experienced real estate attorney to be sure you are fully protected.
A real estate lawyer can make the process of buying a home easier for you in a number of ways, including:
- Being your advocate: A real estate agent or broker can be helpful, but he or she is more likely to act as an intermediary between you and the seller. An attorney is tasked with representing your interests and yours alone;
DUI Dismissed When Police Fail to Provide Camera Footage
Although you may not know it, whenever you are driving in an and around the Chicago area, you are probably never too far from a POD, or police observational device. These PODs are video cameras that have been installed around the city to help provide an additional level of public safety, as well as to contribute to law enforcement efforts. Of course, police-related video cameras have become a hot-button issue of late, in the wake of several violent incidents, but PODs can also assist with other, more commonplace investigations, including those for traffic violations and driving under the influence (DUI).
Discovery Violations
In June of 2012, a man was arrested on charges of driving under influence of alcohol. As he prepared for his defense, he subpoenaed all available audio and video recordings related to his arrest and processing. In the immediate area the arrest, there were at least four POD cameras, and the defendant specifically identified their locations in his request. The Chicago Police Department responded that no dashcam footage of the arrest was found. Repeated requests were met with the response that the footage from POD cameras had been overwritten and were no longer available.
Cohabitation Can Cost You Your Spousal Maintenance
The decision to award spousal maintenance following a divorce is one that must be considered very carefully by the court. Sometimes called alimony or spousal support, maintenance is used to lessen the financial impact of the dissolution, and to provide a measure of security for the future. The law in Illinois—and therefore the courts—presume that, if you are awarded maintenance, it should only continue as long as the need for it still exists.
Terminating Factors
When you are receiving spousal support, you probably have some idea of how long the order is scheduled to remain in effect. It may be intended to last a number of years, or indefinitely if you were married for a long time. However, what you may not realize is that the applicable law in Illinois includes provisions that allow maintenance to be terminated early. According to the Illinois Marriage and Dissolution of Marriage Act, an order for maintenance may be terminated upon the death of either party, which, of course, is reasonable enough. It also specifies that your support may be ended if you get remarried. Finally, it permits the termination of your maintenance if you cohabit “with another person on a resident, continuing conjugal basis.”
Shootings Continue to Plague Region, Including Near Mayor's Home
Despite being home to some of the strictest gun control laws in the country, the state of Illinois and, particularly, the city of Chicago continue to deal with exorbitant numbers of shootings and violent crimes on a daily basis. In the first eleven days of 2016, the Chicago Tribune has reported that 19 people have died and more than 100 others have been injured as the result of gun violence in the Chicagoland area. It seems that few neighborhoods are immune from the danger, as one of the fatal shootings occurred just a few blocks from the home of Chicago mayor, Rahm Emanuel.
Connections to Gang Activity
According to statistics maintained by the Tribune, this year's staggering numbers are about triple what they were just one year ago. During 2015's first week and half, nine people were fatally shot, with another 31 injured. Chicago Police are attributing the rise in violence to “chronic gang conflicts” and a glaring lack of cooperation on the part of gang members in criminal investigations. A spokesman for the Chicago Police Department issued a statement, indicating that many of the shootings have stemmed from “petty disputes between rival factions,” which have been “driven in part by social media commentary.”
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