Illinois Lawyer Referrals and Legal Guidance

Archive for August, 2010

Clearing your criminal record in Illinois – not as easy as you may think

Tuesday, August 31st, 2010

People often want to clear their records in anticipation of an employer’s background check, or just because they want to put the whole thing behind them. It’s not always possible to clear your record – it depends on the offense.

There are two ways to clear a record – you can get it sealed or expunged. Sealing hides your record from employers and the general public. It’s still viewable by law enforcement, and in some cases it can be released by court order. Expungement erases a record completely.

You generally can’t clear DUIs or felonies (except some Class 4 drug offenses). And having more than one conviction might prevent you from getting either off your record.

If you’re thinking about pleading guilty to an offense, consider how it will affect your record, including whether it will be permanent. Be careful of promises that an offense can be cleared later on. Consider talking to an experienced expungement attorney before making a decision.

To learn more visit, http://www.findgreatlawyers.com/ExpungementRecordSealingIL.htm

Posted in Criminal Defense in Illinois | Comments Off

You can file for workers’ comp in Illinois even if you were only hired here

Monday, August 30th, 2010

Let’s say your employer is based in State A, you were hired in State B, and you suffered a work injury in State C. You’re probably confused about where to file a workers’ compensation claim.

Our advice: file in Illinois if you can.

Illinois has worker-friendly laws when it comes to workers’ compensation. And you can generally file your claim here even if you haven’t been to Illinois in years. If your only connection to Illinois is that you were hired here when you first joined the company, even if it was 15 years ago, you can file your workers’ compensation claim here.

If you weren’t aware of this rule, and you filed a claim in another state, it may not be too late. If Illinois law entitles you to more benefits than you got in the other state, you can file here as well. Even if you closed your case in that other state, and even if you signed something saying that you couldn’t seek additional benefits, you can still file here. Only the Illinois Workers’ Compensation Commission can close out your Illinois work injury claim.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois. All inquiries are free and confidential.

Tags: workers' compensation
Posted in Injury Cases | Comments Off

A bad way to make money

Friday, August 27th, 2010

The other day a friend of mine over heard this on the el train:

I should just get pregnant and get child support so I won’t have to work any more.

Now my friend swears that the person sounded serious. Assuming that they were, unless you are tricking Bill Gates or Michael Jordan in to being your baby Daddy, you are likely wasting your time.

Child support for one child is 20% of the non-custodial parent’s take home pay. Nothing in Illinois law says that the Mom gets primary custody, but even if they do, 20% just isn’t that much.

If the Dad makes $80,000 a year, you can anticipate that he’ll get around $50,000 after taxes. 20% of that amounts to around $200 a week.

Does an extra $200 a week seem like enough to live off of when you also have to actually take care of the baby. Even if they make double that and you are getting $400 a week, is that really worth it?

Nothing can make either parent actually be a parent. I know that I’d rather not be a single Dad if I could avoid it. Kids are great and also a ton of work. Not having someone there to help you through it certainly isn’t worth the extra cash in your pocket.

Beyond all of that, you shouldn’t assume that the Dad will actually cooperate in paying you. If they are working a cash job you’ll probably have to pay a lawyer out of your own pocket to actually get support.

People have un-planned pregnancies all of the time and I salute them for keeping the baby. I’m sure all of those Moms love their child. But I’m also sure that if having a kid is their way of financially planning for the future, they won’t be thrilled with their choice 18 years later.

To learn more visit, http://www.findgreatlawyers.com/0Circumstances.htm

Posted in Illinois Family Law | Comments Off

New Illinois law alert on hiring

Thursday, August 26th, 2010

There is a new law that bans credit checks on potential new hires. Below is an article from the Chicago Tribune that discusses the law.

Illinois employers will no longer be able to run credit checks on those applying for jobs under a measure Gov. Pat Quinn signed into law today.

Supporters say the move is aimed at preventing employers from turning away job seekers due to poor credit amid an economic crisis that has left many unemployed and struggling to pay the bills.
“If you lose your job and your credit is damaged as a result, and employers use your credit to prevent you from getting a job, this is a vicious cycle folks will never get out,” said Sen. Don Harmon, an Oak Park Democrat who sponsored the legislation.

Under the new law that takes effect Jan. 1, employers cannot use credit history to determine whether to hire, fire or promote someone. If an employer is caught accessing such information, they can face legal action.

However, some industries and positions are exempt, such as those dealing with banking, insurance, trade secrets or state and national security.

Proponents say pre-employment credit checks are on the rise even as many people’s credit history has taken a beating in recent years. Quinn said the checks act as “an artificial way to keep people from employment,” and he blamed over zealous credit report companies for selling an unnecessary product to employers.

Posted in Did You Know? | Comments Off

Five legal tips on car accidents in Illinois

Wednesday, August 25th, 2010

Every Wednesday we provide five legal tips based on questions from readers. This week has to do with Illinois personal injury cases and five things you should do if you are in a car accident:

1. If you are hurt, go get medical attention right away. If you don’t do it right away, but are in pain the next day, head to the doctor. The longer you wait, the harder it is to prove any injury is related to the initial accident.

2. Call the police. Even if the other person says they will work things out with you, you need to have a police report. Nine out of ten times when people don’t do this it comes back to haunt them.

3. Document what happened. When you are home, write in a journal everything that happened in case you ever need to refresh your memory for a deposition or trial.

4. Report the accident to your insurance company. In case you are at fault, if you don’t report the accident right away you might lose coverage.

5. Talk to an attorney. You might need one, you might not. But by calling a lawyer you should be able to make an educated decision. Also, it’s possible that witness statements need to be secured or evidence from the accident has to be preserved. If you wait to long to get with a car accident law firm, you may end up losing the case.

Posted in Five Tips | Comments Off

Preparing to give testimony in Illinois? Think before you speak.

Tuesday, August 24th, 2010

Testimony is given at trial, as well as in depositions – where you answer questions under oath but not in court. For many people, giving testimony is a first-time thing and it makes them very nervous. Don’t let your nerves get the best of you. Be honest, straightforward and ask your attorney to help you prepare beforehand.

Most importantly, speak carefully.

Be clear, and be concise. When you are questioned by the opposing attorney, only answer what you are asked. Do not offer extra information beyond the question (it could be used against you). Tell the truth and do not embellish. The judge will not appreciate it, and the opposing attorney can use it to make you look bad. If your attorney objects to a question, don’t answer. In fact, many attorneys advise their clients to pause briefly before starting to answer so that they have time to object if it’s appropriate. If you don’t understand the question, say so. If you don’t know the answer or don’t remember, you are allowed to say so. And take your time, especially if you’re feeling nervous.

It can be hard to remember all of this when you’re in the spotlight. This is why you should ask your attorney to practice with you (they should offer to do so anyway). They can help you anticipate the questions you’ll be asked, and explain the procedure so you feel more in control and less anxious.

You can relax. People give testimony every day. It looks dramatic on television, but it’s usually pretty low key.

To learn more visit, http://www.findgreatlawyers.com/Testifying-Illinois-Court-Cases.htm

Posted in Litigation | Comments Off

If you’re thinking of pleading guilty because it seems easier, think again

Monday, August 23rd, 2010

It’s rare that we can make a blanket statement that’s true across the board, but here it is: NEVER PLEAD GUILTY.

We’ve talked to people who want to plead guilty because they believe are guilty and it just seems easier. Plus, they won’t have to worry about hiring an attorney. This is not a good idea. In fact, it’s a terrible idea. Even for a misdemeanor, jail time and large fines are possible. If it’s your first offense, you may not get the jail time, but it’s not a chance you should take. A conviction will be on your permanent record. Only some convictions can be expunged later on, and there’s no guarantee.

So what do we recommend? If you are charged with a crime, get a lawyer and plead not guilty. Most likely, your attorney will work something out with the prosecutor and it will turn out better than going in front of the judge or handling it yourself. The judges are busy and so are the prosecutors. As a general rule, working out a deal is much easier for them, and they are more than willing to do so, IF you are represented by an attorney.

Of course, there’s no guarantee, especially if you have prior convictions, but the best thing you can do for yourself is find an experienced criminal defense attorney. Go with someone local who has a good reputation with the prosecutors and judges in the courthouse where your case is going to be heard. An attorney might cost you $1,500, but it’s better than paying the full fine or having a conviction on your record.

Tags: criminal defense
Posted in Criminal Defense in Illinois | Comments Off

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