Changes Ahead for Illinois Divorce

Rolling Meadows Divorce Attorney

New Illinois laws that will go into effect in 2016 will eliminate fault-based divorce proceedings and change the way child custody is determined for divorcing couples. Up until now, the Illinois Marriage and Dissolution of Marriage Act allowed couples to dissolve their marriage based on certain “faults”—adultery, drunkenness, or physical or mental abuse. Now, these faults are eliminated to require only that there has been an irretrievable breakdown of the marriage; this is a different standard than the one currently used and will change (and ideally streamline) the manner and timeframe in which couples can seek divorce. Changes to child custody settlement agreements are also coming with the new year to emphasize the best interests of the child. Understanding these important changes requires the knowledge of an experienced family law attorney who can help you move forward with your divorce under the new laws that will go into effect in 2016.

Eliminating Fault-Based Grounds for Divorce

Filing for divorce in Illinois has historically required “fault” or “no-fault” based grounds. Fault implies intentional wrongdoing, addiction, or other actions that provided a clear event or series of events that could be pointed to as evidence for ending the marriage. No-fault grounds would be based on anything else that led to “irreconcilable differences” between the parties. No-fault grounds for divorce historically required a couple to demonstrate to a court that they had been living apart for at least two years in addition to attempting and failing to reconcile the marriage.

The new Illinois law eliminates this lengthy waiting period and simplifies the findings required by the court to grant a divorce. The court must make the following finding:

• Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.

This new standard emphasizes that while attempts clearly need to be made to reconcile the marriage, divorcing couples are no longer bound by a two-year waiting period to go forward with their divorce. In fact, a couple living apart for just six months before the divorce petition creates an irrebuttable presumption that there are irreconcilable differences between the parties that permit them to go forward with divorce proceedings.

Joint Custody Arrangement Changes

Custody has historically been determined in Illinois based on either “physical” custody or “legal” custody. The former refers to where the marital children live and the latter refers to which parent is responsible for the decision-making interests for the child. Physical and legal custody could be allocated to one parent or shared between the two depending on the unique circumstances of the family arrangement at the time of the divorce and the needs of the children.

The new child custody laws in Illinois effectively eliminate the difference between what we know as “joint” versus “sole” custody. Starting in 2016, the decisions about child custody will not be simplified into joint or sole custody or even physical or legal custody; instead, parental responsibility is broken down into decision-making (previously “legal” custody) and “allocation of parenting time” (previously “physical” custody).

Regardless of the terms being used to describe the relationships between the children and parents after divorce proceedings, the paramount consideration in both the new and old law is always the best interests of the child. The best interests of the child, under the new law, include the following considerations:

• The wishes of the child (considering maturity and decision-making ability);
• The child’s adjustment to home, school, and community;
• Mental and physical health of parents and children;
• Level of compromise and relationship between parents;
• Participation in each parent’s decision making in the past regarding the child;
• Wishes of the parents;
• Child’s needs; and
• Geographical considerations.

In making determinations regarding the decision-making and “parenting time”, the court may also consider any other relevant factors that may aid in the custody arrangement. These are, however, the paramount considerations a court will take under advisement when allocating the responsibility of the parents for making educational, financial, religious, medical, and other important life decisions.

Rolling Meadows Divorce and Child Custody Lawyers

At the Law Offices of Donald J. Cosley, Donald J. Cosley has the experience necessary to help you and your family through this difficult and emotional time. Regardless of whether you are thinking of divorce, are already in the settlement stages of divorce, or are disputing over custody arrangements, Cosley can help. Our firm will make sure that you understand what is going on at every step of your case and that your desires are expressed and advocated for in court proceedings. Going through a divorce, especially with children, is a very complex time. Understanding your options, the new Illinois laws that speed up the process, and the best course of action for you to maintain a relationship with your children are all critical. Reach out to an experienced Rolling Meadows family law attorney at our office today. Call 123-456-7890 or fill out the online contact form to schedule a free consultation.

New Illinois Law Ends Automatic Transfer of Some Juveniles to Adult Court

Arlington Heights Juvenile Offenses Attorney

Being charged with and ultimately convicted of a crime as a juvenile in the State of Illinois can have lasting effects on your child's life. If your child has been accused of a crime in Illinois, is it critical to explore your legal options early in the process to ensure the best possible protection of your child's legal rights. One of the immediate concerns upon arrest is whether the child's case will be heard in a juvenile or adult court.

New Bill Blocks Automatic Transfer

Though each court in Illinois has its own jurisdiction and types of cases it is authorized to hear, one of the greatest distinctions between courts in procedure, sentences, and outcome is between the juvenile and the regular state courts. Up until recently, Illinois was one of only 14 states that automatically transferred juveniles (those under 18 when they committed the crime) to adult court without the opportunity to first have the case before a juvenile judge. The juvenile judge's role is to consider the juvenile defendant's criminal history, mental capacity, background, culpability, and the crime at issue before making a determination of whether the individual should be tried as an adult or remain in juvenile court. Without this opportunity, children as young as 15 could be transferred to Illinois State Court, regardless of the underlying crime at issue.

The new law, which will be implemented as of January 2016, will prohibit automatic transfers for 15-year-olds, and allow automatic transfers for 16 and 17-year-olds, but only for those charged with first-degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm.

Common Juvenile Crimes

Children are far more likely to be involved in the following crimes, all of our experienced team can help defend:

• Shoplifting;
• Trespassing;
• School fights and other incidents;
• Underage drinking;
• Possession of alcohol or drugs;
• Sex crimes; and
• Gang activity.

The objective behind the new law is to ensure that individuals who commit some of these "lower level" crimes will not necessarily be punished as adults for their actions, but rather, benefit from rehabilitative offerings that juvenile justice centers aim to provide.

Differences Between Juvenile and Adult Court

There are many benefits to being charged as a juvenile rather than an adult. A judge is more likely to take personal characteristics into consideration when hearing the case, considering the child's demeanor, temperament, level of sincerity, and likelihood of rehabilitation. This is all very important if your child is a first-time offender and the crime was an isolated incident in his or her life.

Moreover, there are diversion programs, rehabilitative programs, and other alternative punishments that would prevent a juvenile from serving jail time. Upon the successful completion of many of these programs or probationary periods, many minor juvenile offenses can be dismissed or expunged, allowing a clean start for a child's adult life. If detention is necessary, the child may still be able to attend classes or work toward obtaining a GED so as not to disrupt the academic schedule.

Consequently, being tried as an adult may mean incarceration during the long wait for trial. It may result in you and your teen missing work or school. It may also mean steeper punishments, fines, and jail time. In order to avoid charges that will leave a child with a criminal record, keeping a case in juvenile court is an important part of successfully defending any criminal case involving a juvenile.

Arlington Heights Juvenile Criminal Defense Lawyers

At the Law Offices of Donald J. Cosley, we understand the importance of preserving your child's criminal record. We believe that people are inevitably going to make mistakes in their life and as a juvenile, they have an opportunity to right these wrongs. Our experienced Cook County criminal defense attorneys will advocate on your child's behalf to ensure that his or her legal rights are being protected and that every possible effort it made to keep the case in juvenile court. Even if your child is going to be tried as an adult, we have the knowledge necessary to successfully navigate complex criminal matters to ensure the best possible outcome for our clients. If your child been charged with a crime as a juvenile, contact our Arlington Heights office to allow your child to begin moving past this mistake and onto a clean-slated adult life. Call 123-456-7890 for a free initial consultation today.

New Illinois DUI Laws Offer a Second Chance

Arlington Heights DUI Defense Lawyer

We all know that it is against the law to drink and drive a vehicle. Most of us are aware of the steep penalties associated with drinking and driving, which range from fines and probation to jail time and permanent driver’s license revocation. A new Illinois law implements a program that permits those who have lost their license as a result of drinking and driving the possibility of receiving a limited driving permit if they meet certain criteria. The program is designed to reward those who have taken steps to become rehabilitated and to live a drug and alcohol free life. New Illinois laws simultaneously provide stricter regulations for convicted DUI offenders to get unrestricted licenses back—requiring a five-year waiting period for many offenders. Understanding the impact of these laws on your DUI case is critical and requires the consultation of a knowledgeable DUI defense attorney.

The New Illinois DUI Laws

Offenders with as many as four prior DUI convictions may be eligible to have their licenses reinstated for limited purposes as a result of this new law that will become effective on January 1, 2016. The law also specifically prohibits a driver with two or more DUI convictions from driving a vehicle without an ignition interlocking device. These laws are contained within Senate Bill 627, which was signed into law in August 2015 and House Bill 3533.

Eligibility

• The applicant with four or more offenses must be able to prove they have been sober for three years;
• If any of the applicant’s convictions involved an accident resulting in great bodily harm or death, the applicant must wait one year before receiving any driving permit; and
• Repeat DUI offenders can only get an interlocking device removed after 12 consecutive months passing without the device detecting alcohol.

The Rules

• The driver’s vehicle will be equipped with an ignition interlock device to prevent the car from operating if the individual has been drinking alcohol;
• The car will not start if the driver blows higher than a .025 BAC;
• The driver must pay the installation fee and monthly maintenance costs of the ignition interlock device; and
• The driver with a restricted license may only use the vehicle for acquiring groceries, travelling to and from work, attending school, or in emergency situations.

The laws attempt to strike a balance between protecting the safety of the public by requiring the use of ignition interlock devices, while allowing for the chance for rehabilitation for the convicted drunk driver. Those drivers who are shown to have made changes will be allowed to resume some of their normal routine—building up to the time in which they may be eligible for unrestricted licenses after proving alcohol and drug free driving.

Drunk Driving Punishments in Illinois

While most first-time offenders in Illinois will not see jail time unless they have caused serious bodily harm or killed another individual due to their actions, the penalties cannot be understated. A first-time offender will be guilty of a Class A Misdemeanor, characterized by mandatory license suspension, court supervision, fines and/or jail time. A second-time offender will receive jail time or community service in lieu thereof, but may require additional fines, jail time, and a license suspension for a minimum of five years.

These punishments can be significantly enhanced if there was a minor in the car at the time of the incident or if the blood alcohol content of the driver is significantly greater than .08, the legal limit. Being under the influence of drugs, driving with a suspended or restricted license, or being a repeat offender will also impact the designation and sentence of the drunk driver.

Hiring an Experienced Cook County DUI Defense Attorney

Attorney Donald J. Cosley is an experienced Cook County DUI defense attorney who can help you navigate the criminal justice system regardless of whether this is your first or fifth criminal offense. Cosley knows the specifics of the justice system and can ensure that your rights are protected from the very beginning. At the Law Offices of Donald J. Cosley, we will ensure that the police treated you fairly during your arrest, that evidence against you will not be misstated, that the equipment used to test your blood alcohol content was not faulty, and that you receive the representation you deserve. Contact our convenient Arlington Heights office at 123-456-7890 to get started on your defense today.

Illinois Cell Phone Penalties and Traffic Tickets

Rolling Meadows Traffic Ticket Attorney

Eating. Smoking. Fiddling with the radio. Entering your destination on GPS. Entertaining children. Carrying on conversation. There are numerous ways that a driver may become distracted, but none compares to the use of a cell phone. Cellular phones play a part in more than a quarter of all vehicle accidents—a statistic that has led to 46 states banning texting while driving and 14 states banning handheld use of phones altogether. Illinois law requires drivers to use "hands-free" technology if they wish to lawfully carry on conversations in the car. Failure to follow Illinois cell phone laws may lead to fines, or even misdemeanor or felony charges in certain instances.

"Hands-Free" Technology

There are two primary concerns when it comes to cell phone use in the car: 1) if your cell phone is in your hand, your hand is not on the steering wheel; and 2) if your cell phone is in your hand, you are likely looking at the phone, rather than the road. Like many laws, handheld cell phone bans are intended to help protect everyone on the road. It is difficult to argue that you can safely check Facebook, take "selfies," and follow your GPS map directions and dedicate the attention necessary to be a safe driver.

"Hands Free" Does Not Mean "Safe"

Despite cell phones being a known cause in 26 percent of the nation's accidents, only five percent of these cell phone-related crashes occurred due to texting. This means that talking on your phone, whether you are holding it up to your ear or speaking into your steering wheel, is the biggest problem, despite contrary belief. In fact, a study in the Journal of Safety Research revealed "driving performance while using a hands-free phone was rarely found to be better than using handheld devices."

Phone distractions are present regardless of whether the phone is in your hand or if you are dictating something to Siri or talking via Bluetooth. We fiddle with speaker volume. We try to improve the connection. We try to figure out how to set up Bluetooth connection in our new cars. We try to answer the phone by pushing on the dashboard and take our eyes off the road while we figure it all out. These are all actions that can have tragic consequences—concerns that are present regardless of whether the conversation is "hands-free".

Illinois Cell Phone Laws

Given that cell phone use is proven to be distracting regardless of whether it is being used hands-free, the best approach is to avoid conducting conversations in the car via phone or text. In Illinois, failure to abide by this rule can lead to legal implications.

It is unlawful to use an "electronic communication device" while driving. A first offense will cost the driver a $75 fine, and the fine escalates with each subsequent offense. The offense may be escalated even further to include Class A misdemeanors or Class 4 felonies if death or serious bodily injury results from the use of such devices. While a fine may not seem like a significant burden to most, taking the life of another or causing serious injury to another is a very real possibility when your eyes are on a screen instead of the road. Failure to follow "hands-free" driving laws for talking on the phone in the car have similar consequences associated with them.

Interestingly, there are a shocking number of exceptions to the laws regarding electronic communication devices, many of which can come into play during a successful defense strategy. For example, it is permissible to use an electronic device if the driver used only a "single button to initiate or terminate a voice communication." There are also "loose" (i.e. non-specific) exceptions such as "a driver using an electronic communication device while parked on the shoulder of a roadway" and "a driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park."

This non-specific language can make it very difficult for the prosecution to demonstrate that you violated the law. It also creates an opportunity for an experienced criminal defense attorney to demonstrate holes in the prosecution's account of the events. An officer cannot likely say for certain whether you pressed one button or two, or if your car was "stopped due to normal traffic." These seemingly technical distinctions can make or break a case involving cell phones and all possible defenses should be explored to minimize or eradicate the penalty associated with a cell phone violation.

Rolling Meadows Traffic Violations Lawyer

At the Law Offices of Donald J. Cosley, you can trust that your case will be handled with care from the initial citation all the way through contesting the violation. Regardless of whether this is a first offense or a serious crime in which your cell phone use may have contributed to a serious accident, Attorney Donald J. Cosley can help you navigate your legal concerns.

With an experienced Illinois traffic defense attorney on your side, our office understands that you want to preserve your driving record and avoid serious legal consequences; we will work with you to determine the best legal approach for your unique situation and make sure that you understand what is going on through every step of the process. Serving the greater Chicago metropolitan area, including Cook County, Lake County and DuPage County, we are always available to take your call to provide you with a complimentary consultation. Contact us today at 123-456-7890.