Posted on February 03, 2017 in Family Law

Divorces are complicated, but in general lawyers and judges can fall back on previous rulings to issue a fair judgment. However, the situation gets more complex when you enter uncharted territory, like a recent Illinois divorce has. In that case, the couple is arguing over whether or not payment for a wrongful conviction should be considered marital property.

Asset Division in Illinois

Here’s a closer look at the case in question. Juan Rivera was released from prison in 2012 after serving 20 years for a 1992 rape and murder that was later overturned based on DNA evidence. Rivera was granted a $20 million settlement from the city, and he was set to receive about $11.4 million after taxes and attorney fees.

While he was imprisoned, Rivera met a woman named Melissa Sanders in 1998. The pair got married on October 31, 2000, but later divorced in July of 2014, more than two years after Rivera’s release from prison. During the divorce, the argument over whether Rivera’s wrongful conviction settlement should be considered marital property became a point of contention. The case went to trial, and the court ruled that Rivera’s settlement agreement should be considered a non-marital asset, saying that the proceeds resulted from injuries he suffered prior to the marriage.

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 Posted on January 31, 2017 in Traffic violation

A Franklin Park woman gave an interesting excuse as to why she was over the legal limit when she was stopped by police.

According to the statement she gave police, Katherine Muhlenbruc, 25, said the only reason she blew over the legal driving limit was because she was pulled over too quickly for erratic driving. Had she been allowed to continue driving her car, she would have been sober by the time she reached her destination, according to Muhlenbruc.

“Unbelievably, the defendant in this case was so intoxicated that she actually tried to convince the officer that she was driving to sober up,” police Chief Tom Weitzel said. “Numerous avenues are available to those who chose to drink to get home safely, such as Uber and Lyft. Driving around to sober up is not one of them.”

Arrested Too Quickly

According to the arrest report, Muhlenbruc was stopped by Riverside around 4:15 a.m. early Friday morning after she was spotted crossing a double yellow line. Muhlenbruc told officers that she “wasn’t that drunk,” and that she only had three drinks at the bar, although she noted that they were “extremely potent” drinks.

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 Posted on January 26, 2017 in Law

Going through a divorce is a stressful process, and many people cope with the feelings in different ways. In rare cases, divorce can bring out the worst sides in people, and their selfish or hurtful actions can have serious ripple effects. One question we hear from time to time in our family law practice is “What happens if my spouse hides money or spends outrageously right before or during the divorce process?”

Unfortunately we’ve seen cases where one spouse decides to spend a good chunk of marital assets either right before the divorce is filed, or during the initial stages of the divorce. Whether they feel slighted or entitled, they spend the money to try to gain something or unfairly hurt their soon to be ex. So how is this viewed by the court of law in Illinois?

Excess Spending Before a Divorce

There are a number of common things a vengeful spouse may look to buy using marital assets either before or during the divorce mediation. Keep an eye out for purchases like:

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 Posted on January 20, 2017 in Law

The Illinois Supreme Court recently granted certification to three new problem-solving courts in Kendall, Peoria and Tazewell counties. Illinois now has more than 100 specialized courts throughout the state that can help provide better treatment and alternative options for certain offenders facing jail time.

Each recently certified court specializes is a different area of law. The Kendall County court was certified as a Drug Court, the Peoria County court was certified as a DUI Court, and the Tazewell County court earned its certification as a Mental Health Court.

Benefits Of Specialized Courts

These specialized courts have benefits for both the offender and the community. These courts, which are focused on solving a specific issue, provide more hands-on treatment and offer a way for offenders to get clean and deal with issues that led to their incarceration in the first place. It can also keep offenders out of jail, which doesn’t always have the intended effect on rehabilitating the person. Additionally, the specialized courts are cost-effective for the state

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 Posted on January 17, 2017 in Traffic violation

Being arrested for driving under the influence can be a troubling experience. When you’re arrested for the first time, many people are unsure where to turn or what their options are. Today, we’re going to explain what happens when you’re arrested for a first offense DUI, and what you should do after the arrest.

First Time DUI In Illinois

It’s important to understand that you are not alone after a DUI arrest. In fact, roughly 35,000 people are arrested for driving under the influence in Illinois each year, so thousands of people are in the same boat as you. Although these penalties can differ based on how your case plays out and if your attorney gets your charges reduced or dropped, here are the potential penalties for a first offense DUI conviction:

• Loss of driving privileges for at least six months. However, a driver may apply for a Monitoring Device Driving Permit (MDDP) after 31 days of license suspension that allows them to drive under certain conditions and with the assistance of a breathalyzer device.

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 Posted on January 10, 2017 in Law

Crime can be a cyclical practice, where individuals can’t escape the reality of repeatedly being preyed upon. In an effort to break this cycle and help victims get the rehabilitation services they need, Illinois lawmakers hope to get a new law passed by the Senate today.

The criminal justice reform package, which was approved by the House yesterday by a vote of 83-26, will go before the Senate today. The package asks for a variety of changes and reform services, including:

• Recovery services to aid violent crime victims.

• Good-time credit off of sentences for prisoners who complete rehabilitation courses while incarcerated. These programs would be specifically designed to address their individual shortcomings.

• Giving judges the ability to impose probation-only sentences for some first-time offenses.

“By and large, what we’re doing now is warehousing people, not getting them rehabilitated,” said State Rep. Jehan Gordon-Booth, D-Peoria. “(When they’re released) they’re just getting a bus ticket and returning to the same communities they left, worse off.”

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 Posted on January 06, 2017 in Law

2017 is here, and now that the calendar has turned, many family law practices are expecting an influx of calls about starting the divorce process. In fact, in many circles January is considered “Divorce Month,” although many who practice family law suggest that it’s more like “I’m starting to think about my options” month. So why is January such a popular month for starting the divorce process? We explain in today’s blog.

Starting The Divorce Process In Illinois

There are a number of factors that contribute to a person deciding to look into their separation options in January. Here’s a look at some of the factors:

• Stress from the holidays
• Postponing divorce through the holidays for the kids/family
• The new year gives people a renewed look at what they want in a relationship
• Fewer tax implications by waiting until the new year

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 Posted on January 04, 2017 in Weapons

2016 will be a year to remember for Chicago. The high point for many Chicagoans will be the World Series victory by the Cubs – their first championship in more than 100 years. But the city also hit a low point in 2016, as the homicide count grew to 762 before the calendar turned.

762 homicides is problematic for a number of reasons. That number means the city averaged more than two homicides a day for an entire year. That number represents the most killings the city has seen in a calendar year in two decades. That number is more than the number of homicides in New York City and Los Angeles, combined.

Shootings Spike In 2016

According to the data, Chicago saw roughly 1,100 more shooting incidents in 2016 than it did a year prior. Not surprisingly, the homicide total grew as well, as the 762 homicides represented a huge spike from 2015 when there were 485 reported homicides. Police said a part of the problem is the influx of illegal weapons into the city, as police seized 20 percent more illegal firearms in 2016 than in 2015.

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