Most people think Estate Planning just means clarifying how you want your property to be distributed after you die, but there’s far more to it. What happens when you become legally incapacitated in Illinois? Who pays your bills, arranges for your medical care, takes temporary (or more long term) …
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Latest from Fagan, Fagan & Davis Blog
Illinois DUI and Criminal Arrests Continue Decline
It’s not because less people are committing crimes. It’s not because there’s no smoking in bars. It’s not because ride-sharing is available. There has been an ongoing downward slide in enforcement of criminal and DUI laws in Illinois, and in particular in Chicago for decades that shows no signs o…
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Illinois DUI While Deaf
Illinois DUI investigations have a lot to do with verbal interactions between police officers and motorists, but how does it affect things if the motorist is deaf, and what can that motorist do about it?
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Illinois TVDL is Replaced by a New Driver's License Program
The TVDL is dead, but undocumented motorists can now obtain a four-year driver’s license in Illinois
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8 Ways We Help You Navigate Criminal Defense in Illinois
Facing Illinois criminal charges can be a daunting experience. Whether you’re accused of a misdemeanor or a felony, understanding your rights and options is crucial. Here are 8 ways we help clients navigate the rough waters of the Illinois criminal justice system.
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Driving While in Zoom Court is Always a Bad Idea
Driving while suspended or revoked in Illinois is a mistake, driving while still suspended and attending court for that violation is on another level. Call the Illinois driving while suspended lawyers at Fagan, Fagan & Davis for help.
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Attorney Approval Clause in Illinois Real Estate
There’s one thing most people get wrong about lawyers and Illinois real estate transactions- they think attorneys can basically come into the deal and change anything at any time. Come find out the surprising limits to the attorney approval clause when buying or selling a home in Illinois.
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When and why to hire an Illinois Real Estate Attorney
So you’re interested in buying or selling a home….
When and why should you hire an Illinois real estate attorney?
Ideally, before you even start looking at prospective homes or contacting an agent to sell your home in Illinois, you should reach out to a real estate attorney. Fagan, Fagan & Da…
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Why do you want to see all of my documents before we have our DUI consultation?
At Fagan Fagan & Davis, this is a question we get frequently. Choosing an attorney to represent you when you are facing the full weight of a prosecution for Driving Under the Influence can be confusing, and many people simply don’t know what to expect. The skilled, experienced attorney’s at our…
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Should I hire an attorney for my traffic ticket in Illinois?
This is one of the most asked questions we get. There are a number of reasons hiring an attorney to assist you with your traffic ticket is a very good decision.
The Basics
Let’s start by discussing how the Illinois Secretary of State handles traffic violations. Every Illinois driver ov…
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You Have a Right to Watch the Arrest Video at Trial
In Illinois criminal and DUI trials, the defendant has the right to watch the arrest video presented as evidence in court, and a decision by the defendant not to watch the video must be made based on a clear understanding of that right.
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What is the Illinois Scott’s Law?
Illinois State Police Troopers have been giving motorists special attention lately, focusing on enforcement of Scott’s Law or Failure to Yield to an Emergency Vehicle. Not a lot of Illinois motorists know about this law, and unfortunately, that lack of awareness has resulted in serious injury and death to several police officers in the past several months.
What is Scott’s Law, or the Move Over Law?
While slowing is subjective, we recommend slowing enough so that the officer can visibly see the deceleration. While you can fight about whether you slowed in court, the officer won’t even stop you if
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Skokie DUI Drug and Alcohol Evaluations
DUI Evaluation at the Skokie Courthouse
If you were arrested for DUI, not only is it important to secure representation by a qualified Illinois DUI lawyer, in almost all cases a drug and alcohol evaluation is required at some point. While the State of Illinois requires the evaluator be licensed and authorized by the State, each county can, and often does, have it’s own requirements. In Cook County DUI cases, evaluations must be conducted by CSI or Central State Institute, and for DUI cases appearing in the Skokie courthouse at 5600 Old Orchard Road.
Because the DUI drug and
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New Illinois Parole Options for Crimes Committed Under 21
Legislators in Illinois are again moving to act on convincing recent research which shows what many parents already knew – the part of the brain which formulates rational behavior is not fully developed in most people until around 25 years of age. In the past, changes in Illinois criminal law have included changing the jurisdiction of the adult criminal system over even nominally juvenile offenders. Now, according to a Chicago Tribune report, there’s a new parole law focused on young offenders as well.
Under the new law, people convicted as adults of most crimes committed before they reached the age of 21 will
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Was the Order Sealing Jussie Smollett's Criminal Case Illegal?
How Illinois Expungement or Sealing Normally Works
In most cases that are dismissed (or that result in a not guilty, or acquittal as it is formally called), the defendant can file a petition with the court seeking to seal or expunge their record. As long as there are no other bars to doing so, that petition can be filed immediately with the Clerk of the Circuit Court with no waiting period, pursuant to 20 ILCS 2630/5.2(b)(2)(A). Notice is then sent to the prosecutor, the chief legal officer of the municipality in which the arrest took place (in Chicago, that’s
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Can the DUI Breath Test Be Tricked?
Is it possible to trick an Illinois breath test into providing a false breath alcohol concentration (BrAC) reading? Actually, it’s not that difficult – it may just be as simple as varying your normal pattern of breathing.
Breathalyzers, which can be used as an investigatory tool in an effort to determine the guilt or innocence of a person in a DUI case, are not the reliable devices despite what is claimed by law enforcement agencies. In Illinois, the most commonly used breath test device is the Intoximeters EC/IR II pictured here (picture from their website).
An example of potential unreliability
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