Being accused of sexual assault, rape, child sexual abuse, or another sex crime can have life-changing consequences. If you were charged with this type of criminal offense, your personal reputation, career, and your very freedom may be on the line. If convicted, you could be looking at months, years, or even decades behind bars. You may also be required to register on the public sex offender registry. Developing a robust defense strategy is the best way to fight sex crime charges.

Avoiding Self-Incrimination by Refusing Police Interrogation

Many people do not realize it, but a strong defense strategy often starts before the criminal defendant even hires an attorney. If you have been accused of a sex crime, the best thing you can do to protect yourself is to remain silent. Do not answer police questions. The police may imply that you “must have something to hide” if you do not answer their questions, but this is only a tactic used to get you to talk. You have a Constitutional right to avoid self-incrimination. The best way to do this is to decline police questioning and ask for your lawyer.

Identifying Flaws in the Prosecution’s Case

Your lawyer may help you find evidence that contradicts the charges being brought against you and use this evidence to cast doubt on the prosecution’s claim. Remember, criminal charges are held to the highest possible standard of proof. This means that the prosecution must prove the required elements “beyond a reasonable doubt.” By finding inconsistencies or holes in the prosecution’s case against you, you may be able to weaken their case and demonstrate that there is reasonable doubt about your guilt. For example, your lawyer may find evidence that proves that you were not at the alleged crime scene when the alleged crime took place.

Discrediting the Accuser and the Prosecution’s Witnesses

Not everyone who has been accused of a sex crime actually committed a sex crime. Some people use false accusations of sexual assault or other sex crimes to seek revenge on the accused. Others bring false claims to avoid tarnishing their reputation. For example, an accuser may regret a consensual sexual encounter and therefore claim that the encounter was non-consensual. Some parents may even use false accusations of child sexual abuse in an attempt to gain an advantage in a child custody dispute. Your lawyer may be able to present evidence that damages the accuser’s credibility or trustworthiness. For example, if your lawyer can show that the accuser has been deceptive or manipulative in the past, this may cast doubt on the credibility of his or her current claims.  

Contact a Plainfield, IL Sex Crimes Defense Lawyer

If you or a loved one have been charged with a sex crime, the penalties can be severe if convicted, and that is why you need an attorney who understands how to build a robust defense strategy. Contact the highly knowledgeable Will County criminal defense attorneys at the Law Offices of Tedone & Morton, P.C. to obtain the legal support you deserve. Call today to schedule a confidential, free case consultation at 815-666-1285 or 815-733-5350.

Source:

https://www2.illinois.gov/osad/Publications/DigestbyChapter/CH%2041%20Reasonable%20Doubt.pdf

The cost of going to college increases with every passing year. If you are like many parents, you probably have concerns about how to finance your child’s college education. You may wonder how college expenses are dealt with when parents are unmarried or divorced. Does Illinois require parents to help pay for college? Does the parent who pays child support automatically pay for university-related expenses? Whether your child is college-aged or you still have a few years before he or she heads off to university, it is important to know how Illinois law deals with college expenses.

Child Support for College Students in Illinois

College expenses are handled differently than typical child support. When the child is still a minor, it is presumed that the obligor pays child support. Regular child support typically ends when the child turns 18 and graduates from high school. Once the child is an adult, this presumption no longer exists. It is up to the parent seeking non-minor child support to show that non-minor support is appropriate. Per Illinois law, courts may require one or both parents to contribute to college expenses, but this requirement is not automatic.

When deciding whether or not to order child support for post-secondary expenses, Illinois courts consider each parent’s financial circumstances, the child’s income or assets, the standard of living the child would enjoy if the parents were married, and the child’s academic records.  

How Much Each Parent Must Pay Toward College Expenses

As with other family law issues, parents may be able to negotiate an agreement about how much each parent will contribute toward their child’s college education and submit the agreement to the court for approval. If an agreement cannot be reached, the court has the authority to allocate college expenses between the parents.

Parents may be ordered to contribute to their child’s tuition and fees, housing expenses, books, living expenses, and other education-related costs. There is a statutory cap on what parents can be ordered to contribute to a child’s college expenses. Illinois uses the current cost of tuition and housing at the University of Illinois at Urbana-Champaign to set this cap. Parents are only required to pay for their child’s undergraduate degree. Furthermore, non-minor support for college expenses may terminate if the child does not maintain at least a “C” grade point average.

Contact a Will County Non-Minor Child Support Lawyer

The cost of college tuition and housing can be astronomical. For help understanding your rights and obligations regarding non-minor child support or for help petitioning the court for non-minor support, contact an experienced Joliet, IL child support attorney at Law Offices of Tedone & Morton, P.C. Call to schedule a free consultation at 815-666-1285 or 815-733-5350.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K513.htm

Being charged with a criminal offense can be a confusing and overwhelming experience. If you have been accused of drug possession or distribution, a weapons violation, theft, domestic violence, or another crime, it is essential to know your rights. Criminal defendants are afforded rights by the U.S. Constitution and other legislation. Among these important rights are the right to due process, the right to an attorney, and the right to avoid self-incrimination. However, the rights of suspects and criminal defendants are limited. One issue that is commonly misunderstood is whether police are allowed to lie to individuals suspected of a crime.

Understanding the Tactics Police May Use During a Criminal Investigation  

There are many myths regarding police conduct during interrogations and investigations. One popular myth is police officers must always identify themselves as police. You may have heard that a law enforcement officer has to tell you that he or she is a police officer if you ask him or her. This is simply not true. Police are authorized to lie about their identity – even when directly asked.

Furthermore, police are permitted to lie to suspects during a criminal investigation. While interrogating a suspect, the police may claim that they have evidence that they do not actually have. They may even claim that another criminal suspect has confessed and implicated the suspect in a crime. These are only a few of the tactics police may use to encourage a suspect to confess or to gather information about an alleged crime. This is why it is essential for criminal suspects to decline police questioning until their attorney is present. You have the right to remain silent because you have the right to avoid incriminating yourself. One of the best ways to reduce the chances of a criminal conviction is to assert your right to remain silent and calmly ask for your attorney.

What Is the Difference Between Lying and Entrapment?

Law enforcement officers are subject to restrictions when it comes to lying. Police officers cannot, for example, threaten a criminal suspect or the suspect’s family with physical violence in order to elicit a response. Police officers are also prohibited from coercing an individual to commit a crime who would not have otherwise committed the crime. This is referred to as “entrapment.” There is a thin line between a legal “sting operation,” in which an undercover police officer pretends to be a regular citizen, and entrapment. If you suspect that you were the victim of entrapment, contact an attorney right away.

Contact a Joliet, IL Criminal Defense Attorney

If you or a loved one have been accused of a crime, a skilled Will County criminal defense lawyer from the Law Offices of Tedone & Morton, P.C. can provide the legal advocacy you need. Our team understands the tactics that police use during interrogations and can help you avoid self-incrimination. We can help you build a strong defense against criminal charges. Call us today at 815-666-1285 or 815-733-5350 to schedule a free, confidential consultation.

Source: 

https://constitution.congress.gov/constitution/amendment-6/

Divorce is challenging regardless of the circumstances; however, a divorce involving children often comes with additional difficulties. If you are a parent who is thinking about filing for divorce, you probably have questions and concerns about child-related issues. In Illinois, divorcing parents are asked to create a “parenting plan” that outlines how they will divide parenting tasks and responsibilities. If the parents cannot agree on the terms of their parenting plan, the court will issue a decision for the parents that is in the best interest of the child.

Allocating Parental Responsibilities

Illinois law no longer uses terms like “child custody,” “visitation,” or “sole custody.” Instead, child custody is separated into two components: parental responsibilities and parenting time. Parental responsibilities describe a parent’s decision-making authority. Parents have the option to share decision-making authority as they see fit. For example, one parent may be in charge of education-related decisions while the other parent handles healthcare. The parents may also decide that one parent will be solely responsible for all of the major decisions about the child’s upbringing.

Parenting Time Schedules and Parental Rights

Parenting time refers to the time a parent spends directly caring for his or her child. Parents must include a parenting time schedule or a detailed method for determining the allocation of parenting time in their parenting plan. When it comes to parenting plans, the more detailed, the better. Do not forget to include parenting time arrangements for holidays, school breaks, and other special occasions.

Parents will also need to address several other issues, including but not limited to:

·        How the child will be transported between the parents’ homes

·        How any future proposed changes to the parenting plan should be handled

·        How the child will communicate with a parent during the other parent’s allotted parenting time

·        What will happen if a parent cannot fulfill his or her assigned parenting time

·        How any future parental relocations should be handled

The parenting plan also describes the rights both parents have. Parents have the right to be informed of child-related emergencies, travel plans, medical concerns, school records, and other important matters. Parents also have the right to be informed about the other parents’ change of residence if the move constitutes a parental “relocation” according to Illinois law. There are over a dozen specific issues you will need to address in your parenting plan.

Contact a Will County Divorce Lawyer

Parents in Illinois must complete a parenting plan and submit it to the court when going through a divorce. If you are a parent who is thinking about ending your marriage, an accomplished Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. can help. Call our office today at 815-733-5350 or 815-666-1285 to schedule your free consultation and learn more.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm

Any parent will tell you that raising children can be quite expensive. Between housing, educational and extracurricular fees, groceries, healthcare, and other costs, child-related costs can be a large part of a parent’s monthly bills. Child support can be a considerable source of financial support for a divorced parent with the majority of the parenting time. If you are planning to divorce, you may be asking yourself, “How much child support does an Illinois parent receive after divorce?”

Current Method for Determining Child Support

Illinois has adopted the “Income Shares” model for child support. According to this model, both parents’ net incomes are used to determine a support payment amount that is reasonably affordable while also providing the recipient parent with the financial support he or she needs to pay for child-related costs. If parents each care for their child 146 overnights or more every year, the parents are engaged in a “shared parenting” situation according to Illinois law. Because each parent has the child a good portion of the time, the amount of child support that the recipient parent receives is reduced. In shared parenting situations, the more parenting time that an obligor parent has, the less he or she pays in support. If parents do not have the children for 146 nights or more each year, they are not in a shared parenting situation and the obligor’s amount of parenting time does not change his or her child support obligation.

Child Support Calculations When a Parent Is Unemployed

You may be curious about how child support is calculated if a parent is not working. If you or your child’s other parent has been laid off due to COVID-19 or is otherwise out of work, you may wonder how this will affect child support calculations. Illinois courts differentiate between voluntary unemployment or underemployment and involuntary unemployment or underemployment. If a parent has been fired or laid off and makes genuine attempts to regain employment, his or her actual income will be used to calculate child support. However, if the parent quits his or her job or willingly makes less money than he or she could, his or her “potential income” may be used to determine child support. A parent’s potential income is determined using his or her past work history, education, job training, skills, and other factors.

Contact a Will County Child Support Lawyer

Divorce can be a complicated process, even after it is finalized. If you are a parent with additional questions or concerns about child support, contact a tenacious Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. Schedule your free, confidential consultation today. You can reach our Joliet office by calling us at 815-666-1285 and our Plainfield office at 815-733-5350.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm