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SUMMER CAMP MUSIC FESTIVAL IS SCHEDULED FOR MAY 24, 25, 26, & 27th, 2018 IN CHILLICOTHE, IL (JUST OUTSIDE PEORIA, IL). 2018 UPDATE:   IF YOU OR A LOVED ONE/FRIEND IS/ARE ARRESTED AND IN CUSTODY, CALL ATTORNEY JEFF HALL IMMEDIATELY.   Remember:  POSSESSION OF CANNABIS OVER 10 GRAMS IS STILL A CRIMINAL OFFENSE IN ILLINOIS AS OF 7/29/2016. Possession of less than 10 grams of cannabis is a civil violation with a maximum “settlement fee” of $200 (usually a ticket for $120 that does not require a court appearance unless you are cited with other crimes).  However, possession of cannabis 10 grams…
2016 Illinois Public Act 99-0697:  SB2228:  CANNABIS DECRIMINALIZATION AND REMOVAL OF ZERO TOLERANCE CANNABIS DUI On Friday, July 29, 2016, Governor Rauner signed SB2228 into law, effective immediately.  As one of the drafters who assisted in writing this law, I wanted to share my experience with getting involved, the changes the bill made when going through the process, and how we ended up with certain language in the statute. My main focus was to assist in drafting the DUI-Cannabis section of the code as I did not provide input on the cannabis penalties for possession. I will summarize the most…
By Jeffrey R. Hall of Hall, Rustom & Fritz, LLC In honor of the symbolism of April 20th, I have to publicly state that marijuana possession should be legal in small, personal amounts for recreational and medical uses. The nationwide trend is leaning towards gradual de-criminalization and Illinois really needs to speed up their repeal of legislation. I applaud the Illinois House passing medical marijuana legislation but it is too restrictive, only covering serious diseases such as AIDS and Cancer. Moreover, I find President Obama incredibly hypocritical to smoke as much weed as he did in high school and college…
What are some legal rights I have when I own real estate with another person/business and we can’t agree on what to do with it?   There are many circumstances in which people hold joint title to land.  Perhaps you and your friend purchased some hunting land years ago but now you want to sell it but he refuses to cooperate despite your requests to put it on the market. Or maybe you and your siblings inherited your grandfather’s old house yet no one can seemingly agree on what to do with it.  There is a lawsuit you can file designed…
By Jeffrey R. Hall of Hall, Rustom & Fritz LLC Article updated as of 4/4/16 ***2016 UPDATE: At Hall, Rustom & Fritz LLC, we receive nearly 20 FOID inquiries per day regarding FOID revocations or denials due to the Illinois State Police discovering a prior criminal offense related to a crime of domestic violence.  If you were denied FOID privileges due to a conviction of a crime related to domestic violence in IL (or in any jurisdiction in the US), Illinois courts have expanded the Illinois Supreme Court ruling in the Coram case (discussed below) to PRECLUDE ANY LEGAL RELIEF TO…
  Throughout my career practicing law, I’ve noticed clients’ preparation in planning a family.  You learn you are going to have a child and you are overcome by emotion.  The planning starts and you try to think of everything to ensure the protection of the new life you are bringing into the world.  You buy a crib, baby clothes, pampers, and anything you can think of that your baby will need.  However, one important oversight is the preparation to protect your child if you die or become incapacitated.  This article should serve as a brief introduction to some easy steps…
By Attorney Michael S. Fritz, Partner at Hall & Rustom, LLC The papers were served, the divorce is underway but one question you may be asking is, “Who gets the house during the divorce proceedings?”  Clients often ask me this question during their initial consultation and the answer is not as easy or as predictable as most would think or hope for. The issue to determine who gets the home (or “the marital residence”) during the divorce proceedings is otherwise known as temporary exclusive possession of the marital residence. Section 701 of the Illinois Marriage and Dissolution of Marriage…
By Attorney Michael S. Fritz, Partner at Hall & Rustom, LLC Unfortunately for some, their marriages have deteriorated to such an extent that neither person can seemingly decide on a single issue – except for the fact that they each WANT A DIVORCE.  But not every divorce needs to be the knock- down, drag- out fight they hear about from their friends.  In fact, the most time efficient, cost effective method of divorce is the “Uncontested” or agreed divorce.  In an uncontested divorce, couples are able to combine their financial resources, as opposed to against each other, in an…
By Jeffrey R. Hall of Hall & Rustom, LLC Before I start, most police officers are honorable civil servants that provide a valuable service to us.  Most officers do not deliberately lie or misrepresent facts in their police reports or when they testify.  So I don’t want you thinking a few bad eggs should spoil the bunch. With that being said, I felt it necessary to write an article on something I feel has gotten out of hand.  With Summer Camp Music Festival being a popular destination for in-state and out-of-state travelers, people should know certain tactics used by law…
By Michael S. Fritz, partner at Hall & Rustom, LLC  A popular question we are commonly asked involves child support payments:  “If I can’t afford the monthly child support payments, what are my options?” This article’s purpose is to address changes in the support amount and how important it is for you to consult an attorney to assist you in the support modification process.  Now you may wonder how much this process costs, especially if you hire an attorney. While hiring an attorney could be expensive, it is important to consider the amount of money an attorney could…
By Attorney Jeffrey R. Hall, for Hall & Rustom, LLC  As technological advances in communication progress, so too will potential crimes involving electronic and telephone communication.  Over the past few years, states like Illinois have enacted laws that criminalize behavior involving threats that create a “reasonable apprehension of receiving some harm” to a person involved in the communication.  Simply stated, states like Illinois have criminalized threatening someone through electronic communications. Throughout the news airwaves, we all heard the horrific story of the mother from Missouri that created a social networking account under a fake profile and proceeded to encourage…
By Attorney Jeffrey R. Hall, for Hall, Rustom & Fritz LLC  In Illinois, a good career path to take is that of a commercial driver.  Everyday, we drive our state and federal highways.  Trucks of all different sizes fill the road transporting machinery & goods across the nation.  Good drivers are few and far between and the pay is substantial, when compared to other professions. A person looking to obtain their CDL must complete certification classes and pass certain exams to obtain their commercial driver’s license.  If you have already obtained your CDL, you should be aware that…
By Attorney Jeffrey R. Hall, for Hall & Rustom, LLC Yes. You can.  If you know or have reason to believe that your child (under the age of 14) who does not possess a valid FOID card is likely to gain access to the firearm without lawful permission, and that child causes death or great bodily harm with the firearm, you will likely be held liable.  There are exceptions in the law.  Below is the statute: Illinois law (720 ILCS 5/24-9) states “(a) Except as provided in subsection (c), it is unlawful for any person to store or leave,…
It’s that time of year again and the powers that be in Springfield feel it’s necessary to add more laws to our compiled statutes.  This year, 214 new laws will seek to prevent, punish, but mainly confuse the residents and visitors of Illinois.  While you may be able to tell from the tone of this first paragraph how we generally feel about more and more laws on our books, it is still necessary for you to be aware of the changes as they may affect you in some way. Below, you will find a comprehensive list of new laws. I…
By Jeffrey R. Hall, of Hall, Rustom & Fritz LLC. Many times, clients contact us after they’ve missed their first appearance date on their traffic ticket.  They wonder if a warrant will issue for their arrest and they are terrified.  Not to worry!  We’ll try to give a detailed breakdown of the process as to what happens after you miss your court appearance.  You’ll find that you will likely NOT have a warrant issued for your arrest; however, there are still serious consequences that you will want to keep in mind.  This article only addressed the process for…
Many times has the question been posed as to whether or not a DUI will affect your insurance rates. The answer is not as straightforward as one would hope. Consequently, the answer is, “it depends.” First, we must look to what exactly is going on with your driving record once you receive a DUI. If you are arrested and your BAC is over 0.08 or you refuse blood alcohol testing, then on the 46th day after your DUI arrest, your driving privileges will be suspended. Meanwhile, when the suspension becomes effective, your Driving Record will show “Statutory Summary Suspension” and…