A conviction for driving under the influence (DUI) can lead to significant administrative and criminal penalties. These penalties are especially harsh if you are convicted of aggravated DUI or you have been convicted of drunk driving one or more times in the past. DUI can lead to the loss of your driver’s license, heavy fines, and even jail time. However, being charged with DUI is not the same thing as being convicted of DUI. If you or a loved one were recently arrested for allegedly drunk driving, it is important to understand the potential defenses to this serious charge.
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Parents who get divorced have a much greater number of issues to contend with than non-parents. In addition to dividing marital property, figuring out who will keep the marital home, addressing spousal maintenance, and other divorce concerns, parents must also address child custody issues.
If you are getting a divorce in Illinois and you share children with your soon-to-be-ex-spouse, it is important to understand exactly what is expected of you. Parents are asked to create a parenting plan that divides parenting time and parental responsibilities. The plan also addresses important parental rights and obligations. Read on to learn about parenting…
Continue Reading Top Questions About Illinois Parenting Plans
According to Illinois law, there are many traffic violations that are not considered criminal offenses, and as such, it is easy to view a traffic ticket as more of a nusance than a serious concern. However, there are circumstances in which the penalties for a traffic violation can be quite a bit more serious than a fine. If you have been charged with multiple traffic violations in a short time, it is a good idea to consult with an attorney to determine whether your driver’s license may be at risk, and to develop a defense strategy that may help…
Continue Reading Can I Lose My Illinois Driver’s License for a Traffic Violation?
In many Illinois divorce cases, especially those in which the couple has a high net worth, business assets are divided along with the rest of the spouses’ marital property. However, there are often complications when it comes to business property division, starting with the determination of whether a business is, in fact, a marital asset. If you are a business owner, it is important to understand the difference between non-marital and marital business assets as you prepare for your divorce.
Non-Marital Business Assets
In a divorce case, non-marital assets are those that are owned by each spouse individually. These…
Continue Reading When is a Business Considered Marital Property in Illinois?
While most people recognize that shoplifting is wrong, there is a common perception that it is a fairly minor criminal offense with few serious consequences. However, according to Illinois law, shoplifting or retail theft can sometimes be charged as a felony, with penalties that can be quite serious. If you are facing theft charges, it is important to understand how severe they may be and to work with an experienced attorney who can help you build a strong defense.
When is Retail Theft a Felony?
The Illinois Criminal Code defines the severity of theft offenses in large part based on…
Continue Reading Can Retail Theft Be a Felony in Illinois?
If you or a loved one has been threatened, stalked, or abused, you may be curious about orders of protection. Called restraining orders or protective orders in other states, an order of protection is a legal court order that prohibits the subject of the order from further abusing or harassing the victim.
Many domestic violence sufferers are aware of protection orders, but they do not understand how a protective order can actually benefit them. They may assume that the abuser will ignore the order and continue his or her harmful behavior. They may also worry that getting a protection order…
Continue Reading How Does an Order of Protection Protect Victims of Domestic Violence in Illinois?
Being accused of a criminal offense can be a shocking experience. For many criminal defendants, the moments during and after an arrest are a blur. Unfortunately, many criminal defendants hurt their cases by making statements to police officers that are later used against them. Most people know that they have a “right to remain silent” during a police interaction but few realize just how profound this right actually is.
Avoiding Self Incrimination
Whether you have been arrested before or you simply enjoy police procedural television shows, you have probably heard the statement, “You have the right to remain silent. Anything…
Continue Reading Understanding Your Right to Remain Silent When Charged With a Criminal Offense in Illinois
Raising a child with a disability can be an extremely meaningful and rewarding experience. However, it can also bring on significant personal and financial challenges. When a parent has a child with a disability, the child may need extra assistance with daily living tasks like dressing and eating. The child may also require extensive medical care, special education, or tutoring. For parents of disabled children, these challenges do not disappear when the child reaches age 18. Consequently, some divorced and unmarried parents are entitled to financial assistance from the other parent even after their child has reached adulthood.
Continue Reading Can I Receive Non-Minor Child Support If I Have a Disabled Child?
Driving under the influence may result in significant penalties in Illinois, including driver’s license suspension, mandatory alcohol education classes, and in some cases, even jail time. DUI penalties are especially severe if there are certain aggravating circumstances present or it is not the defendant’s first DUI. If you or a loved one was arrested and charged with drunk driving based on the results of a chemical blood alcohol content (BAC) test, you may wonder if these test results may be disputed.
Contesting the Result of a Breath Alcohol Test
In Illinois, a driver is intoxicated “per se,” or automatically considered…
Continue Reading Can You Dispute the Results of a BAC Test in Illinois?
If you are a parent, your children are probably a top priority in your divorce. You may be well aware of the profound impact divorce often has on children and want to ensure that you do whatever you can to minimize your kids’ suffering. You may hold strong opinions about the child custody arrangements that are best for your kids after a divorce. What happens if these opinions differ from the other parent’s opinions? How are child custody disputes handled in Illinois?
Child Custody Laws in Illinois
In Illinois, child custody is now referred to as “parental responsibilities” and…
Continue Reading What Happens if Parents Disagree on Child Custody in an Illinois Divorce?
In the state of Illinois, a DUI conviction can lead to serious consequences, including jail time, loss of driving privileges, fines, and additional penalties. In situations that involve a minor child, however, the penalties can be even more severe. If you or a loved one has been charged with a DUI that includes a minor child, it is imperative to discuss your case with a skilled DUI defense attorney. At Aldrich & Siedlarz Law, P.C., we understand the gravity of situations such as this and we are prepared to defend your legal rights both in and out of court.
Continue Reading What Are the Penalties for DUI With a Passenger Under the Age of 16 in Illinois?
Spousal maintenance (also referred to as spousal support or alimony) is a payment made from one ex-spouse to another during or after the finalization of a divorce, dissolution of a civil union, or legal separation. When determining if an individual is entitled to financial assistance, a court will consider many different factors and circumstances, including each spouse’s income and property, the needs of each party, any involved impairments, and the length of the marriage. If you are seeking monetary payments from an ex-spouse, or if you are looking to contest a spousal support request, it is highly recommended to…
Continue Reading What are the Designations of Spousal Maintenance in Illinois?
In the state of Illinois, retail theft is committed when an individual knowingly takes an item from a retail establishment without proper payment or authorization. While there are many different types of retail theft, shoplifting is arguably the most common. In any scenario involving retail theft, the evidence surrounding the case could be your best defense. If you have been detained by a store employee who has accused you of retail theft, it is imperative to seek the guidance of an experienced criminal defense attorney.
According to section 720 ILCS 5/16-26, any merchant with a reasonable belief that…
Continue Reading Can a Store Merchant Detain me for Suspected Retail Theft in Illinois?
Domestic violence can occur in a variety of different ways, including but not limited to physical and verbal abuse, threats, stalking, and harassment. In the state of Illinois, an order of protection may be granted to help individuals who feel that they are in danger. Unfortunately, an order of protection does not always work, as the abuser may still find a way to contact the victim. In cases such as this, it is important to discuss the events of your situation with an experienced order of protection attorney.
What Is an Order of Protection
An order of protection is a…
Continue Reading What Happens if an Illinois Order of Protection Is Violated?
Domestic battery charges in Illinois are often pursued very aggressively. Depending on the conditions of the situation, it is possible that severe charges can result. In addition to potential fines and prison time, individuals convicted of domestic battery may also see changes to their parental rights. If you have been charged with domestic battery, it is important to work with an experienced criminal defense attorney in order to protect your rights.
Domestic Battery in Illinois
Domestic battery offenses affect a wide scale of families every year. In the state of Illinois, an individual commits domestic battery if he or…
Continue Reading Can Domestic Battery Charges Affect Parental Rights in Illinois?
Besides being emotionally draining, getting divorced can take a significant toll on a couple’s finances. Fortunately, there are steps that divorcing parties can take to reduce their post-divorce finance-related concerns. Most couples are, for instance, urged to immediately begin accounting for their assets and expenses, both to ensure that any property settlements are fair, but also to help uncover any evidence of marital waste or fraud on the part of one of the spouses. To learn more about the financial aspects of divorce, please reach out to one of our experienced DuPage County divorce lawyers today.
Inventory Bank Accounts
Continue Reading Protecting Your Financial Future During Divorce