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What do I do if I'm arrested in a DUI case?
Hire an attorney.
What do I do if I am pulled over and investigated for a DUI?
Be polite, be respectful and be quiet.
If the officer asks you to step out of the car, please comply with his or her request.
If the officer asks you to perform field sobriety tests, politely decline.
If the officer asks you to blow into a portable breath test, again, politely decline.
Once back at the station, you will be read the warning to motorists.
You will then be asked to blow into the breathalyzer machine.
If you decline, the Secretary of State will suspend your license for no less than six months' time, and in many cases, longer.
If you do blow into the breathalyzer machine, the officer will then have evidence to prosecute you for DUI.
My ex-wife is threatening to keep me from seeing my kids. What can I do?
You have a right to see your children that is protected both by Illinois State statute and the Constitution.
The only way that you could be denied the right to see your children is if there is a court order stating that you can't see your children because you are an unfit parent, or if there is a court order that states you must reach an agreement with your ex-wife as to the time and place of the visitation and you have been unable to reach an agreement with her.
A party cannot interfere with a court ordered visitation; to do so is a violation of State law and subjects the interfering party to criminal charges.
A party cannot deny visitation to the other parent because that person has failed to pay child support.
Your ex-wife must comply with court orders establishing visitation.
If your ex-wife interferes with your visitation, you can bring court action against her to enforce the visitation provisions of existing court orders.
I don't have a lot of money. How can I afford an attorney if I cannot pay?
There is no denying that hiring an attorney to assist you with a legal issue can be costly.
There are some non-profit organizations in the State of Illinois that offer free representation if you meet their criteria for certain types of legal matters, usually on an income or special need basis.
The Circuit Clerk or Judicial Administration Office of your county may be able to direct you to these agencies.
Also, the local county Bar Association or the Illinois Bar Association may be able to direct you to a list of attorneys who would be able to take your case on a "pro-bono" (no charge) basis.
Sometimes, you might be able to work with an attorney to arrange a payment plan or a reduced fee arrangement.
My house has a lot of flaws that I think are caused by shoddy workmanship by my builder. What recourse do I have?
You may be able to file a lawsuit against the contractor who performed the shoddy workmanship.
There is a four (4) year statute of limitations within which you are required to bring your lawsuit, or you will be barred from bringing that lawsuit.
The four (4) year statute of limitations starts to run at the time you knew, or reasonably should have known, about the shoddy workmanship.
Your measure of damages is what it has cost you, or will cost you, to correct the defective work.
If you are required to finish work that a contractor was obligated to do, but did not, your measure of damages is what it has cost you, or will cost you, to finish that work.
In construction cases, the evidence often comes down to whether the workmanship was, or was not, shoddy.
Expert witnesses are often required to testify as to the quality of the workmanship that was done.
Also, photographs of shoddy workmanship are invaluable.
My son/daughter has been accused of drug possession. Can a lawyer help him?
Absolutely.
A lawyer, especially the lawyers at Michling Hofmann Vinton Plaza & Wick, are well versed not only with the Illinois drug laws but also with case law regarding the Constitutional rights of individuals.
Your son or daughter should immediately consult with an attorney before taking any other steps.
How do I get my ex-spouse to stop constantly calling me at home and work?
If you are unable to get your ex-spouse to stop calling you at home and work, you can obtain an Order of Protection.
An Order of Protection is obtained by going to the Circuit Clerk's Office at the courthouse and completing an Emergency Petition for Order of Protection.
After completing this Petition, you will be taken before a Judge to determine if there are grounds for your Petition.
The Illinois Domestic Violence Act governs Orders of Protection and determines what acts by your ex-spouse will be considered as harassment.
If the Order of Protection is granted it will last for 14-21 days, during which time your ex-husband must leave you alone or he will be arrested.
Once those 14-21 days end, a hearing will take place in front of a Judge to determine whether the Order of Protection will be extended and for what period of time.
My new husband wants to adopt my children of a previous relationship. How can I do this?
First, you must determine whether the children's biological father will agree to your new husband adopting your children.
If he will, he will sign a Consent in front of the Judge.
If he will not, you will have to have a reason why the children's father's parental rights should be terminated (i.e. not having any contact with the children for many years).
Once the biological father consents or his rights are terminated a Petition for Adoption is filed, the Court will appoint an attorney to meet with you, your new husband and the children to determine whether the adoption is in the children's best interest.
Upon approval by that attorney, the Court will enter a Judgment of Adoption and the children are then considered legally the children of you and your new husband.
I have a tenant who has not paid his rent for 3 months. How do I go about evicting him?
Evictions (called Forcible Entry and Detainer actions in Illinois) are heavily regulated by statute.
The very first step that a landlord needs to undertake when evicting a tenant for nonpayment of rent is to have the tenant personally served with a Landlord's Five Day Notice.
That notice requires the tenant to pay the outstanding rent within five (5) days of being served.
If the tenant does not pay the rent, then the landlord has the authority to file the eviction action.
If a landlord files the eviction action without serving the Landlord's Five Day Notice, that suit is premature and can be dismissed by the judge.
The Landlord's Five Day Notice is called a "presuit notice".
A presuit notice is also required prior to evicting a tenant for other, nonrent related breaches of the lease or to terminate a month-to-month lease.
If the appropriate presuit notice is not served, the lawsuit can be deemed to be premature and dismissed by the judge regardless of whether rent is actually owed, or other breaches have occurred, or not.
I was involved in an accident with a driver who has no insurance. What are my options?
If it is determined that the at fault party did not have insurance then a claim can be made under your uninsured auto policy provisions.
You have coverage specifically for this circumstance and it should be taken advantage of.
This is also clearly a matter you need to have handled by a lawyer.
Such a claim will not raise your rates nor will you be subjected to your policy being cancelled.
That is why one pays a premium for this type of coverage.
I have outstanding medical bills from a recent auto accident. What should I do?
If you have medical coverage on your own auto policy the bills can be submitted to your insurance company.
They will pay to the extent of the coverage you have on that policy.
If you have health care coverage then those bills can also be submitted to that carrier.
All of these expenses can be claimed in a personal injury accident if they are related.
My property taxes are soaring. How can I appeal?
Property taxes are determined yearly by the township assessor's office and based upon the current value of your house and property.
Each fall your township assessor will forward to you an assessment card that outlines your current assessed value.
The assessed value may be appealed, but only within 30 days of the date the assessments are published.
All McHenry County Assessors' websites can be found at http://www.co.mchenry.il.us./common/CountyDpt/Assess/AssmtMap.asp where you can find the deadline for filing an assessment complaint.
The McHenry County Government website also offers forms on line to assist in the filing of that complaint.
By the time you have received your tax bills in May the time to file a complaint has passed, that year's taxes cannot be appealed, and you must pay the taxes as assessed.
If you are within the appeal filing deadline, it is recommended that you have some form of proof that your property values have been over assessed.
The best forms of proof include one or more of the following: a current appraisal; the settlement statement if you've recently purchased the home at a lesser value than assessed; and sales comparisons from properties sold within your township making sure the properties are like the property being appealed.
Once the appeals form is timely filed, the county will give you a hearing date upon which you will have the opportunity to address your evidence to the local tax appeal board.
It can be a cumbersome process and consulting an attorney is recommended.