Posted on May 16, 2017 in Criminal Defense

Fake IDs are something that you hear a lot about in high schools and even colleges. Most often they are used to obtain alcohol by underage individuals in Illinois. If you are thinking about getting one or helping someone else get one, there are some important things you need to know about the law and what it says about fake IDs.

According to the Illinois Liquor Control Commission, any state ID or driver’s license that is not obtained through the correct means from a proper government agency is illegal. Just having a fake ID in your possession is against the law, even if you do not attempt to use it. Making them, of course, is also a serious crime. Punishment can range from losing your driver’s license privileges to prison time. You can be charged with either a misdemeanor or a felony.

Misdemeanor charges may be rendered against you the first time you are caught trying to use an ID that is not yours. You may also be charged for trying to alter an ID or trying to get an ID using fake documents. If you are caught doing any of these things a second time, your charge would be raised to a felony. You may also be charged with a felony for having a fake ID, meaning it was not issued by a state authority. If you are found to be making or advertising fraudulent IDs, this is also considered a felony. This is general information only and is not intended to provide legal advice.

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 Posted on May 02, 2017 in Child Custody

If you are in the middle of an Illinois divorce, you may be asking yourself daily what is in the best interests of your children. Establishing a solid, mutually agreeable parenting plan is a great step toward helping your children adjust during the transitional period, and it can also help you and the other parent work to prevent disagreements before they occur. At Fawell & Fawell, we have assisted many clients as they navigate the complexities of divorce and related family law matters, and we have a broad understanding of Illinois laws as they relate to these subjects.

Per Divorce magazine, one of the most important steps you can take in creating your parenting plan is to avoid letting your emotions and personal feelings cloud your judgment. Even if your situation is especially acrimonious, try and keep in mind that your children have their best chance to thrive when they maintain relationships with both parents. There are, of course, some exceptions, such as if you suspect the other parent might be abusing substances while caring for your child. Otherwise, it is probably in the best interest of your child to maintain relationships and open lines of communication with both parents.

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 Posted on April 27, 2017 in Prenuptial Agreement

As a recently engaged person, you may have felt elated that your life has reached this point. Of course, once the euphoria of the moment has passed, you likely know that your future marriage will undoubtedly have its issues, as all relationships do. Though you and your future spouse may work through many of the conflicts that could arise, the possibility of facing divorce may have also crossed your mind.

You certainly do not want to enter your marriage thinking that it will fail, but you also likely do not want to count this possibility out. Therefore, you may want to take the time to consider creating a prenuptial agreement in order to protect yourself, your future spouse and other life aspects that hold importance through pre-arranged terms.

Personal debts

With your prenup, you and your significant other can come up with terms that protect each other from debts you each accrue. In the event that you divorce, the terms of your agreement can protect your property from creditors looking to collect on your spouse's debts.

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 Posted on April 19, 2017 in Domestic Violence

A protection order in Illinois acts as a deterrent to help keep people safe from a known assailant. The Illinois General Assembly states that an order of protection can be obtained by someone being abused, neglected or mistreated by a family member, care giver or member of the household. In order to get a protective order, a person must file a petition with the court. If a person already has a related case in court, the petition can be filed as part of that case. For example, if a person is getting divorced and wants an order against the soon-to-be ex-spouse, then it can be filed as part of that case.

The petition must have a sworn statement that the person filing has been abused by the person it is being filed against. Because an order of protection is not a criminal issue, there is not trial by jury option. The hearing will be expedited, though, to help it move through court quickly. A judge will hear testimony and make a ruling on whether to grant the order.

DuPage County offers a checklist to help individuals decide if they meet the minimum requirements for filing for a protective order. The abuse needs to be current, within the last three days, because these orders are designed to stop an immediate threat. In addition, an order will only be awarded is there is a domestic relationship between the person filing and the person it if filed against. Finally, it can only be filed for in DuPage County if the person filing or the person being accused lives in the county or the abuse took place in the county.

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 Posted on April 06, 2017 in Child Custody

If you have ever gone through an Illinois divorce, you know that separating from your spouse involves big changes in many areas of your life. While you may not have to give it the same immediate attention you would, say, finding a new residence, it is important to understand how your divorce may affect your child’s ability to secure financial aid for college. At Fawell & Fawell, we have helped countless clients navigate through separations and divorces, and we have a firm understanding of the various areas in which doing so may impact your life.

When it comes to working your way through the financial aid process after divorce, be honest and upfront about income, but only share what is required of you. The Free Application for Federal Student Aid, for example, looks closely at the income of the “custodial parent,” which, in this instance, refers to the parent with whom your child lived with the most within the last 365-day period.

If you are considered the custodial parent and you remarry, know that your new spouse’s income will also be taken into account in most cases to determine how much financial aid your child is ultimately offered. If you are the noncustodial parent, your income will typically not need to be included, although any child support you pay to the custodial parent generally does.

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 Posted on March 22, 2017 in Child Support

When a parent is getting divorced, many different legal issues can have big impacts on them and their children. This includes issues regarding child support. One thing that can play a very big role in what happens when it comes to child support in an Illinois divorce is the formula for calculating child support in the state.

This formula is about to undergo some major changes. The changes were approved last year and will take effect at the start of this July.

Currently, the state's child support formula involves hard percentages. Under the changes, this will be scrapped in favor of a new calculation method. This new method will factor in things such as the incomes of both parents and the parenting time distribution among the parents. These changes could have a range of impacts on what child support matters end up looking like here in Illinois.

There can be growing pains associated with any change in family law. Among the concerns that have come up regarding the upcoming child support formula changes are concerns that they could create some complicated situations when it comes to child support matters in the state. One wonders how the transition to the new formula will end up going.

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 Posted on March 19, 2017 in Criminal Defense

You may be familiar with the phrase "copping a plea," which is commonly uttered in crime and courtroom movies and TV shows. Copping a plea refers to pleading guilty and accepting penalties for criminal charges in exchange for not going to trial. Negotiating this agreement is known as plea bargaining, and it is typically the method by which sentences are decided.

If you are facing criminal charges, you will certainly want to consider entering a plea bargain. Simply put, you need to decide if a plea bargain offers you your best possible outcome. Among the factors upon which you can base your decision are:

• The strength of the prosecution's evidence against you.
• The likelihood you will be found guilty at the conclusion of the trial.
• The seriousness of the crime you allegedly committed.

The primary advantage of accepting a plea deal is that you will almost certainly receive a more lenient sentence than what you would receive if you are found guilty in a trial. Because court systems are often overburdened, plea bargains are a preferred method of resolving cases.

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 Posted on March 08, 2017 in Automobile

As with most legal questions, the answer is: sometimes. You can never pass a school bus when you and the bus are going in the same direction, regardless of how many lanes a road has. However, on a 4-lane road with at least 2 lanes of travel going in each direction, you need not stop for a school bus stopped in the opposite lanes of traffic. For example, if you are driving eastbound on a 4- or 5-lane stretch of Roosevelt Road in Wheaton, you need not stop for a westbound school bus.

Illinois imposes serious penalties for improperly passing a stopped school bus, which is probably why drivers can be overly cautious when they see a stopped school bus on a 4-lane road. If you are convicted of improperly passing a school bus, you cannot receive court supervision and the Secretary of State is required to suspend your license. The mandatory suspension period is 3 months on a first conviction, which is a long time to go without a car.

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 Posted on February 27, 2017 in Child Custody

So often, men work to keep up a brave front, even when they are hurting deeply. And when a marriage comes to an end, a man may carry more remorse and guilt than he will ever reveal. This can be especially true for fathers who believe they might have contributed to the unhappiness that befell the family during the latter days of the marriage.

But while struggling with the emotions that are a natural part of a divorce, it is important for a father to maintain his objectivity and be honest about what he really wants with regard to visitation and child custody.

Unfortunately, children are far too often used as leverage against a man in a divorce. Sometimes an ex is so angry that she may fight any attempt on a father's behalf to get advantageous custody terms. There may even be accusations of neglect or other types of bad behavior designed to convince a judge that the man is an unfit parent.

In such circumstances, a man may become too discouraged to battle for the right to have a fair amount of access to his child. And if this is your situation, you should be aware that you don't have to deal with the issue on your own.

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 Posted on February 13, 2017 in Child Support

If you have issues related to getting financial support provided by your child's other parent, you will need to acquaint yourself with the services provided by theDivision of Child Support Services, which is part of the Illinois Department of Healthcare and Family Services.

The DCSS exists to serve custodial parents in a number of ways, including:

• Legally establishing parenthood when it has not been established by marriage.
• Helping obtain child support orders.
• Locating a child's noncustodial parent.
• Collecting the payments that are due in accordance with an established child support order.
• Collecting child support payments that are past due.
• Modifying the amount of child support that was established in the support order.

Obviously, these are very important services and DCSS is an indispensable entity, especially when you are having trouble getting your child's other parent to live up to his or her financial obligations.

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