FindGreatLawyers.com is a unique service. We are Illinois attorneys who since 2001 have focused our practice on helping people...

Illinois Lawyer Referrals and Legal Guidance

Archive for September, 2010

Error on Your Traffic Ticket? It’s Just a Technicality

Thursday, September 30th, 2010

We get a good number of calls from people who get traffic tickets – speeding, red light violation, etc. – and then notice that the ticket references the wrong intersection. Or their last name is misspelled, or the license plate has been written incorrectly.

If this has happened to you, you’re probably thinking you just got out of a ticket. Unfortunately, it doesn’t work that way. These types of errors are common and usually don’t make a difference in the outcome. In other words, your ticket isn’t going to get dismissed because the officer copied the wrong information off of your license.

There are many ways an error on a traffic ticket can be fixed. For example, the officer can simply testify that it was you, even if your name was spelled quite differently on the ticket. And the judge is likely to forgive such an error.

We’re not saying there aren’t other ways for you to avoid a conviction on your driving record. We almost always recommend consulting with a traffic defense attorney. They can usually work something out in your favor.

What you shouldn’t do is appear in court on your own and try to claim that the ticket is invalid because of a typo. You’re just going to annoy the judge, which is something you definitely don’t want to do. The best approach is to get an experienced and respected attorney who knows the ins and outs of traffic court and understands what actually matters to the judge.

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

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.

Illinois legal guidance on social security benefits

Wednesday, September 29th, 2010

Every Wednesday we provide five legal tips based on questions we have received from readers.  Today’s tips involve social security benefits?

1. I settled my personal injury  and can not find work due to my permanent restrictions.  Is there a lawyer that can help me get social security benefits? You don’t need one now.  Just apply ASAP with the local SS office and see what happens.

2. What do I need to win social security disability benefits?

You need to have paid in to the system and show a likelihood that you won’t be able to work for one year or more.

3.  What type of evidence should I present when I file?

There is no rule, but the best evidence is certainly medical opinions from qualified physicians.

4. Is it true that I can’t receive social security and workers’ compensation at the same time? That is false.  Happens all of the time.

5. What should I do if my first application is denied? Immediately appeal.  If you get denied a second time then a lawyer can get involved, but you need to do that right away or the Government will make you start all over.

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.

Custody – It’s not up to the kids

Tuesday, September 28th, 2010

Children usually have an opinion when it comes to which parent they want to live with after a divorce. Kids usually have an opinion about everything. But they’re likely to base their decision on things like which parent has more flexible rules or allows more television time. This is one reason why Illinois law doesn’t let children choose who they want to live with.

When it comes to custody, if the parents can agree, then it’s fairly straightforward. If the parents don’t agree, then a judge will decide. The judge must make custody decisions in the best interest of the child, or children. There are some guidelines on what to take into account, but the family law judges have significant leeway in making their decision.

The judge is permitted to take a child’s preference into account. And depending how old and mature the child is, it can make a difference.  However, the child’s preference is probably not be the most important factor. Things like school, community, family support, safety, etc., are important considerations as well.

If your child has a strong opinion about whom they want to live with, talk to your family law attorney about whether it will affect your custody case. In the end, you or your child may not agree with the outcome, but the court is focused on their best interests, and most judges take this job very seriously.

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

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.

Criminal law survival tips

Monday, September 27th, 2010

There are a lot of myths out there about what to do if you get pulled over or arrested. It can be difficult to know what to do. Should you take a breathalyzer? What if the cops want to search your car? Often, people agree to things they don’t have to agree to, simply because they don’t know that they can say no. And the police probably won’t tell you that you have a choice.

So here are a few things to remember if you are pulled over, arrested or brought in for questioning.

Don’t talk, too much. Be polite, hand over your license or whatever the situation calls for, but don’t start trying to get out of trouble or explain your side of the story. It really can be used against you later. And don’t sign a statement, or anything else for that matter, without the advice of an attorney.

Don’t take a field sobriety test (walking a straight line, etc.) if you’re pulled over, and you should seriously consider refusing the breathalyzer as well. There is no penalty for refusing the field sobriety tests. There is some debate about the breathalyzer because your license may be suspended for a time if you refuse. But honestly it’s nothing compared with getting a DUI. So don’t take the breathalyzer unless you are 100% sure you are 100% sober.

Don’t agree to a search, whether it’s your car or letting an officer into your home. Unless there is a search warrant, or probable cause, an officer can only conduct a search if you agree. So don’t agree just because you’re intimidated.

Don’t take legal advice from the cops. A police officer may tell you that your arrest or ticket is no big deal. Even worse, they may tell you that you don’t need a lawyer when you show up to court. Every criminal matter is potentially serious. At least talk to a lawyer and get some actual legal advice before deciding to handle something on your own.

And please, please, please don’t plead guilty without discussing your case with an attorney. We understand that you probably want to get it over with, and pleading guilty can seem like the path of least resistance. People even plead guilty when they’re completely innocent. A conviction can mean jail time, a big fine, a permanent record, a loss of driving privileges, and the list goes on and on.

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.

Power of attorney for healthcare – it’s fast and free

Friday, September 24th, 2010

Some legal decisions are complicated and hard to make. But this is a no-brainer. Making a power of attorney for healthcare is easy and free.

Sudden severe injury or terminal illness can leave you incapacitated. If you can’t tell doctors what you want, whether it’s every medical treatment available or none at all, your loved ones will be stuck making these agonizing decisions for you.

A power of attorney for healthcare is a document that explains exactly what you want or don’t want. You can designate the person in charge of these decisions (called your agent) and explain to them exactly how you want them to act on your behalf. This simple document saves your family from having to make a tough decision, and most importantly it carries out your wishes about your medical treatment.

A power of attorney for healthcare form can be found online. Illinois power of attorney for healthcare. In most cases, you can do this without an attorney. It needs to be signed and dated.

Another important document to have is a living will. The living will is more specific. It does not designate an agent, but directly tells doctors what to do if you have a terminal condition. You get to choose what measures, if any, will be taken to keep you alive if death is imminent. This document needs to be witnessed.

If you have both documents prepared, the power of attorney is generally relied on first. If your agent can’t be found or is unable to make decisions for you, the living will is used.

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.

You can be arrested for missing court

Thursday, September 23rd, 2010

If you had a court date at the Daley Center or one of the branch courts and you didn’t show up, the judge may have issued a warrant for your arrest. It’s called a bench warrant, or a failure to appear warrant.

Mistakes happen – maybe you got the date wrong, or you had a family emergency. Or maybe you were scared and made a conscious decision to avoid court. Either way, the sooner you deal with it the better.

The warrant isn’t going to go away on its own. It will follow you. Some people think they can simply avoid the police forever, but that’s no way to live. At any time you could get pulled over for something like a broken tail light and the officer will see the warrant in the system and arrest you. Getting caught isn’t going to look good to the judge.

You’re taking your chances by not dealing with the warrant. Instead, you can turn yourself in by going to the police and posting bail, or you can file a motion asking the judge to recall the warrant.

We usually suggest the second option. But don’t do it on your own – get an experienced attorney to file the motion and argue before the judge. The judge does not have to grant your request, so making a solid argument is key.

Warrants for failure to appear are issued against defendants in criminal matters. You won’t get a bench warrant in a divorce case or a civil lawsuit, although skipping court can negatively affect your case in other ways.

If you have a traffic violation that is punishable by fine only, then failing to appear will most likely result in an automatic conviction and fine, not a warrant. Your license can be suspended, as well.

A bench warrant on a traffic violation is only likely when the violation was more serious – DUI, reckless driving, driving on a suspended license, etc. These more serious violations are categorized as misdemeanors, meaning jail time (up to a year) is possible.

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.

Pre-nups, golf injuries, child support and more.

Wednesday, September 22nd, 2010

Every Wednesday we offer five legal tips based on questions from readers.

If I get a pre-nup, will that protect my assets if my wife gets in to a car accident?

No, a pre-nuptial agreement only applies to you and her.  If you want to protect your assets, the best way to do that is keep separate accounts.

I was golfing and got hit in the face by an errant shot.  I’m mad because the guy who hit it didn’t yell “fore” or even apologize.  I broke my nose and may need surgery.  Can I sue him?

Generally speaking, getting hit by a golf ball is a risk you assume when you go to the course.  It’s the same as getting hit by a foul ball at a baseball game.  So unless there are other facts, we don’t see it as a case.

I got hurt on the job.  Do I still have to pay child support if I can’t work?

Yes, assuming you are getting benefits still.  If not or you are getting less than before, you have to go to court to have the support order modified.

My tenant hasn’t paid rent for two months.  When can I go in and throw all of their stuff out?

Never, until you have properly evicted them with a court order to do so.  If you throw their things out you are exposing yourself to huge liability.

What is loss of consortium?

It is a term in injury cases that typically means that you have lost the services of your spouse due to their injury and as a result are entitled to some compensation.

To learn more visit, http://www.findgreatlawyers.com/Chicago-Divorce-Lawyers.htm

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.


FindGreatLawyers.com