Posted on August 25, 2016 in Personal Injury

All across the state, users of marijuana are rejoicing. The reason for celebration? Governor Bruce Rauner recently signed a bill that decriminalizes the possession of small amounts of marijuana. In theory, this could be a positive thing: state funds spent on jailing low-level, nonviolent offenders decrease and fewer Illinois residents experience the long-term effects of a drug charge on their record. Yet, when you take a close, hard look at the trends in other states, the recent bill’s passing may carry an even heavier cost, particularly when it comes to auto accident deaths.

Traffic Fatalities Involving Marijuana Intoxication Are Increasing

Although Illinois drivers can still be convicted of a DUI for testing positive with five nanograms of THC per milliliter or more in their bloodstream, the decriminalization and outright legalization of the drug has led to a sharp increase in the number of traffic fatalities involving marijuana intoxication across the country. In fact, one study found that fatal crashes involving drivers with THC in their system tripled, going from 4.2 percent of deceased intoxicated drivers to 12.2 percent. Though still a far cry from the rates of drunken drivers, the increase suggests that marijuana intoxication could likely continue to increase as more and more states continue to legalize its use and decriminalize possession.

Continue Reading ››

 Posted on August 23, 2016 in Family Law

Children are placed for adoption in a variety of ways, under an array of circumstances, and for a wide range of reasons. Most grow up to be happy, well-adjusted adults. That does not necessarily quell their curiosity, however. In fact, a large percentage of adopted children want to know where they came from, why they were placed for adoption, or what life might have been like, had things worked out differently. Around half end up searching for answers to those questions.

What Adopting Parents Should Know

According to the Child Welfare Information Gateway, around half of all adopted children eventually search for their birth parents. Some are simply looking for health-related information, but others are looking to satisfy their curiosity and to ask questions surrounding the nature of their adoption. However, not every adopted adult searching for answers finds what they are looking for. In fact, many come to a dead end. In some cases, it is because the birth parent signed a no-contact veto, which legally keeps most of their information private. However, in many cases, it is simply because the agency did not collect enough information to effectively track down a birth parent.

Continue Reading ››

 Posted on August 19, 2016 in Immigration

While most people are well aware of the rights that come with becoming a U.S. citizen, there are also very distinct responsibilities that accompany this status. While these responsibilities are fairly common sense in most respects, it is still foreseeable that not being aware of certain requirements could land you in trouble later on in life. While a list is given to you when you naturalize, it is important that you truly understand each item, be it a perk or an obligation.

The Rights of Naturalized Citizens

Of course, once you become a naturalized U.S. citizen, you enjoy all the same rights as a person who was born in the country. You are entitled to all Constitutional rights, such as the right to vote, the right to an attorney under the Fifth Amendment (in certain instances, immigrants are not entitled to be represented by an attorney unless they pay for the service), and the unfettered right to employment, including government jobs and other potentially sensitive positions that are not open to non-citizens. You are also entitled to more intangible benefits such as specifically enumerated freedoms you may not have enjoyed in your former country.

Continue Reading ››

 Posted on August 18, 2016 in Personal Injury

At the receiving end of an accident, there is always a victim—a person whose life has been altered; a family that is struggling to pay their bills because of unpaid medical bills and lost time at work; someone who is stressed and injured and unsure of how to put the pieces back together. But there is help available. A personal injury claim could help you and your family move forward. The following information can help you determine if you may be eligible.

Auto Accident Claims

Drivers carry insurance to protect themselves, should an accident happen. If one happens to you or someone you love, you should immediately file a claim with the at-fault driver’s insurance. However, it is important to understand that, in Illinois, compensation payouts are based upon fault. Insurance companies will use this to their full advantage by shifting as much blame as they can over to you, ultimately reducing their payout. If they cannot shift blame, then they will attempt to reduce their payout by minimizing your losses and injuries.

Continue Reading ››

 Posted on August 18, 2016 in Personal Injury

If you feel like DUI accidents make headline news entirely too often, then you are not alone. Every two hours, three lives are lost because of drunk driving in America. Yet the problem persists. Lax laws regarding license suspension and revocation are at least partially to blame, but understanding the DUI problem in America is not quite that simple. There are other factors at play - some of which may not be known or understood at this point in time. But one thing is clear: something must be done to ensure victims receive the justice they deserve.

Protecting Yourself from a DUI Accident

While it is sad that victims must be the ones to take preventative measures to avoid a drunk driving accident, the pervasiveness of DUI accidents make avoidance precautions necessary. Reduce your risk of becoming a DUI crash victim by:

• Avoid driving late at night (if you must drive, avoid two-lane highways and country roads);

Continue Reading ››

 Posted on August 16, 2016 in Immigration

In June 2016, the Supreme Court, still with only eight justices after the passing of Justice Antonin Scalia, issued a per curiam opinion affirming the ruling in U.S. v. Texas, which contested President Obama’s ambitious immigration plans. A per curiam opinion is an opinion issued in the name of the court, rather than any individual justice, and it effectively halts any expansion of Deferred Action for Child Arrivals (DACA) for the foreseeable future. Naturally, many are wondering what their options are after this ruling.

The Basis for Challenge

President Obama’s proposed program, referred to as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) or DACA+, would have conferred deferred action status on approximately five million undocumented immigrants if they met certain requirements, such as maintaining good moral character and having significant ties to the United States. Deferred action is defined as a choice to hold off on removing an individual, and it is essentially an accepted form of prosecutorial discretion.

Continue Reading ››

 Posted on August 16, 2016 in Family Law

According to the most recent statistics, around one-third of all marriages end in divorce. That means, for every 12 couples that marry, about four will eventually call it quits. Often, this process is one full of contention, but it also comes with the risk of future financial problems. Those at the highest risk are those marriages in which at least one party is not fully aware of (or does not participate in) the financial aspects of the marriage. That leads to the question of whether or not all couples should plan for divorce, long before they ever consider filing.

Arguments Over Money and Your Risk of Divorce

While the amount of money a couple has is often irrelevant to whether or not a marriage will eventually end, those show argue over it – how to spend it, invest it, or save it – have a much higher risk of divorce than those who do not. As a result, experts have encouraged couples to talk about money early on in their relationship, long before the marriage ever starts. No matter how you decide to handle it, one thing is clear: staying open and honest about money during your marriage may very well be your saving grace. Even if your marriage does end in divorce, the process itself is often easier because both parties know what is owned and what is not, and there are fewer issues to argue over in the divorce process.

Continue Reading ››

 Posted on August 09, 2016 in Family Law

Although people often use them interchangeably, divorce and legal separation are actually two different legal procedures. Each has its own set of advantages and disadvantages, and one does not need or rely upon the other. In fact, many couples legally separate and never divorce, and others divorce without ever going through a legal separation. Still not sure which is right for you? Start with the following information, which explains the differences, benefits, and drawbacks of both divorce and legal separation.

Divorce in Illinois

Divorce – or the dissolution of a marriage – is a legal process used to end (dissolve) a marriage. Parties equitably split their assets, determine allocation of parental responsibilities, parenting time, alimony, and/or child support, and they may remarry any time after the process is over. You do not have to live apart prior to filing, nor do you have to file for a legal separation before filing for divorce. However, you must fully understand that, once complete, the marriage is over. For some, this is too big of a step, and they may choose legal separation instead.

Continue Reading ››

 Posted on August 05, 2016 in Immigration

Sometimes, there are occasions when it is simply not possible to remain in the United States. The evidence of a legal violation is simply too high to explain away or rationalize. In those cases, it is always better to cut one’s losses, and this can often be done by taking advantage of voluntary departure if it is offered to you. Sometimes, however, voluntary departure is not the best option, so it is an advantage to understand its mechanics on an in-depth level to make an informed choice.

The Basics

Voluntary departure can be requested while you are in immigration proceedings, either directly before your Master Calendar hearing (the brief introductory hearing, where you first speak with an immigration judge) or at the end of proceedings. It is important to understand what voluntary departure actually entails, however; there are potentially severe penalties if you are granted voluntary departure and fail to actually leave.

Continue Reading ››

 Posted on August 04, 2016 in Personal Injury

Sharing the roadways with heavy tractor-trailers can be scary for many drivers. Their sheer size, enormous tires, and heavy loads monopolize the road and make lanes tighter for cars other passenger vehicles. They travel at the same speeds—and often faster—but their size makes them more likely to create a major hazard on the roads. With 924 truck fatalities in Illinois in 2014, mostly in urban areas, it is clear how much of a danger large trucks can be.

A common occurrence in a truck accident is when a truck “jack-knifes,” which occurs when the driver brakes suddenly and the trailer swings to a ninety-degree angle from the cab, creating an L-shape. The “swing” of the trailer as it moves, will swipe anything in its path, creating deadly consequences for anybody in those vehicles. If this has happened to you or your loved one, seek honest, experienced advice from a personal injury attorney to determine if you have a viable legal case to pursue.

Continue Reading ››