In terms of filing a lawsuit for police misconduct, there are several federal and state causes of action. In terms of a federal cause of action, a claim is typically brought under 42 U.S.C. section 1983. This section provides that [e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the … Continued
After two days of trial, a jury in Rock Island County, Illinois returned a verdict on January 11, 2017 in case 2012LM63. That case was a legal malpractice and breach of contract lawsuit against Jack A. Schwartz, an attorney from Rock Island, IL. The verdict was against Jack A. Schwartz for $3,000 was due to Mr. Schwartz’s improper handling of his representation of a former client of his. The attorneys and staff of Puryear Law P.C. were quite pleased to help a deserving person obtain justice … Continued
Many court Orders will provide that a parent who is paying child support must be current on child support in order to be eligible to claim tax exemption(s). This time of year is when that issue often comes to the forefront.
Divorce or child custody cases that involve multiple states can have an added layer of complexity, making it all the more important to handle such cases carefully.
In Iowa, several laws protect consumers. One law is the Iowa Debt Collection Practices Act, which applies to creditors, debt collectors, and collection agencies and prohibits them from engaging in deceptive and abusive collection tactics. The other one is the Iowa Consumer Credit Code, which prohibits creditors from engaging in abusive collection practices.
Attorneys can and do commit malpractice. This article discusses legal malpractice in general, as well as an example in which our firm successfully obtained a jury verdict for thousands of dollars against Rock Island, IL lawyer Jack A. Schwartz for his malpractice and breach of contract.
If a residential tenant fails to pay rent or otherwise breaches a term of the lease, a landlord in Illinois may not engage in self-help but needs to follow the legal process in obtaining an eviction.
I previously discussed the firing of racist Iowa Department of Criminal Investigation Crime Lab analyst Amy Pollpeter. On August 19, 2016 I received an unsolicited advertising letter from her, offering her services as an expert witness in connection with her new company Forensic DNA Consulting Resources. For the reasons discussed below, I certainly will not purchase her services and cannot imagine how any attorney in their right mind would want to do so either.
A child custody or divorce case can be one of the most important events in a person’s life. It can also be one of the more expensive events too. However, there are things that a person can do to help minimize that expense while also seeking the best possible outcome for the case.
Amy Pollpeter, who had been an analyst with the Iowa Department of Criminal Investigations (DCI) crime lab for 10 years, was fired after making a racist facebook post.
Over the years, I have consulted with many people who were disqualified from possessing a gun due to a criminal conviction, a protective order, etc. Some of those people have told me that they knew themselves to be prohibited, but tried to buy a gun anyway to see what would happen. Doing so is a very bad idea.
Many people do not realize the legal effect of paying a traffic ticket, and are surprised to learn that “just paying the ticket” is a plea of guilty that can have significant consequences.
There are many ways that a criminal charge can be resolved. A deferred prosecution is one of the more favorable of those ways.
The police killing of concealed carry permit holder Philando Castile is a troubling, for a variety of reasons, as are the killings of the 5 police officers in Dallas, TX that soon followed. I discuss the civil rights and gun rights implications of those killings on my gun rights website in this article.
Over the last year, we have noticed an increase in amount of time that the Illinois State Police (ISP) take to process appeals of denials of Firearms Owner Identification (FOID) cards and concealed carry permits. Sadly this is nothing new, as the ISP has been improperly delaying firearms-related matters for many years.
A promissory note is a written agreement or contract between two parties in which the creditor agrees to pay back at determined intervals a sum of money to a lender. Promissory notes include, but are not limited to, money given for student loans, car loans, and personal loans.
Iowa law requires that the parents in a divorce or child custody case take a court-approved class. This class is called Children in the Middle in
In Iowa, business owners have a duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors—that is, invitees.
Under Iowa law, a person who is a chronic substance abuser can be civilly committed. The purpose of such a commitment is to
Under Iowa law, a person who is “seriously mentally impaired” can be taken into custody and committed to a mental health treatment hospital until they are no longer seriously mentally impaired.
Contact information for the Henry County, Illinois Public Defender is shown below:
Contact information for the Rock Island County, Illinois public defender’s office is shown below:
Contact information for the Iowa Public Defender’s Appellate Defender’s office is shown below:
Contact information for the Davenport, Iowa office of the State Public Defender’s Davenport, IA office can be seen below:
There are many situations where a person is incorrectly accused of a crime, due to a mistaken identity issue. Our firm has represented clients in both Iowa and Illinois who have been accused of a crime that someone else had committed.
Accusations of child abuse, even when false, can have a profound and harmful effect upon many aspects of a person’s life. For that reason, properly handling such false abuse accusations that are investigated by Iowa DHS or Illinois DCFS is of great importance.
Under Iowa law, a Final Domestic Abuse protective order is entered by the court for a term of up to one year. It is possible for such an order (often called a protective order, or a restraining order) to be extended by the Iowa District Court that granted the
In many cases, a person will wish to avoid having to take their case to trial. Paradoxically, by preparing for trial, a person can often avoid trial – and get the most favorable outcome possible.
On March 31, 2016, Iowa Governor Terry Branstad signed the Hearing Protection Act, House File 2279, into law. The Hearing Protection Act legalizes the possession of sound suppressors and the use of sound suppressors for hunting in Iowa. This change bring Iowa into line with the 41 other states that
Motions are a key part of just about every type of court case. This article discusses Motions in the Iowa and Illinois legal systems.
Criminal convictions can have significant consequences for a person who is not a US citizen. Those consequences can include deportation.
Iowa DHS and Illinois DCFS workers are often in a hurry to speak with a person who is being investigated for child abuse or neglect. There is a reason for that rush, and it is not something that benefits justice or the person who is under investigation.
The Federal crime of making certain threats or demands through Interstate Communications is defined by 18 U.S.C. § 875 as follows:
The Iowa Department of Human Services (DHS) investigates allegations of dependent adult abuse in Iowa, and defines dependent adult abuse as follows
The Federal crime of Theft or Embezzlement in Connection with Health Care 18 U.S. Code § 669:
In a child custody case, those who try to represent themselves tend to run into significant problems. Every person who is facing a child custody case needs an attorney, for two main reasons:
A Federal law, the Firearms Owners’ Protection Action (FOPA), provides a safe harbor for the interstate transportation of firearms as set forth in 18 U.S.C. § 926A:
The Federal crime of Mailing Threatening Communications is defined by 18 U.S. Code § 876:
The Federal crime of Theft, embezzlement, or misapplication by bank officer or employee is defined in 18 U.S.C. § 656 as follows:
Foster parents are often the subject of child abuse investigations by DHS (in Iowa) or DCFS (in Illinois). Properly handing such an investigation is especially important.
The Federal crime of Blackmail is defined in 18 U.S.C. § 873 as follow:
A recent article from the Chicago Tribune about a report the Illinois Department of Children and Family Services shows what many people have known for some time – Illinois DCFS is riddled with problems.
A conviction for theft or shoplifting can have a long-lasting effect upon a person’s life, in a variety of different ways.
Trafficking in certain motor vehicles or motor vehicle parts, or operating a chop shop, is a Federal offense under 18 U.S.C. § 2321 and 18 U.S.C. § 2322, respectively:
Under Iowa law, for a person to be accused of being a perpetrator of child abuse must be a person responsible for the care of a child. A person responsible for the care of a child is defined in Iowa Code 232.68 as follows:
Those convicted of crimes committed as a juvenile who are serving life sentences have the right to seek a review and reduction of those sentences, under a United States Supreme Court ruling that was issued on January 25, 2016.
The Federal crime of Interception and Disclosure of Wire, Oral, or Electronic Communications is defined by 18 U.S.C. § 2511 as follows:
The court system in Iowa assigns court case numbers based upon the type of case. That means that the case number can provide useful information about the court case if one knows how to interpret the case number. This article provides information on decoding Iowa case numbers.
The crime of Unlawful Transportation of Hazardous Waste is defined in Iowa by Iowa Code Section 716B.3 as shown below:
Iowa DHS investigates situations where a person is accused of allowing a registered sex offender to have certain access to a child:
Election Misconduct in the Second Degree in Iowa, sometimes informally called voter fraud, is the crime defined by Iowa Code Section 39A.3 as follows:
The Supreme Court has granted cert in United States v. Texas, No. 15-674, which is the case centering around President Obama’s immigration executive action.
The crime of Commercial Bribery in Iowa is defined by Iowa Code 722.10 as follows:
A variety of Illinois election and voting related crimes are defined in 10 ILCS 5 as shown below. These crimes include election misconduct, voter fraud, buying votes, ballot box stuffing, etc.:
The crime of Unlawful Disposal of Hazardous Waste in Iowa is defined by Iowa Code Section 716B.2 as follows:
The crime of Tampering with a Security, Fire, or Life Safety System in Illinois is defined in 720 ILCS 5/17-11.5 as follows:
Puryear Law is pleased to add e-check as a method of payment.
The crime of Calculated Criminal Disposal of Hazardous Waste in Illinois is defined by 415 ILCS 5/44 as follows:
The crime of Threats involving arson in Iowa is defined by Iowa Code Section 712.8 as follows:
The crime of Explosive or Incendiary Materials or Devices in Iowa is defined by Iowa Code Section 712.6 as follows:
The Federal crime of Criminal Infringement of a Copyright is defined in 18 U.S.C. § 2319 as follows:
The Illinois crime of is defined by 415 ILCS 5/44 as follows:
Iowa DHS investigates when it is alleged that a child’s body contains drugs. The Presence of Illegal Drugs child abuse accusation in Iowa is defined by DHS as follows:
US Federal law makes it a serious crime for a person to conspire with another to take certain actions against another person’s civil rights, as set forth in 18 U.S.C. § 241:
The crime of Reckless use of Fire or Explosives in Iowa is defined by Iowa Code Section 712.5 as follows:
The crime of Obstructing Gas, Water, or Electric Current Meters in Illinois is defined in 720 ILCS 5/17-20 as follows:
The crime of Subornation of Perjury in Illinois is defined by 720 ILCS 5/32-3 as follows:
The crime of False Reports under Iowa law is defined by Iowa Code Section 712.7 as follows:
The court system in Illinois assigns court case numbers based upon the type of case and when the case was filed. That means that the case number can provide useful information about the court case if one knows how to interpret the case number. This article provides information on decoding Illinois case numbers.
Perjury is the crime that a person can be charged with for lying under oath in Illinois. The crime of Perjury in Illinois is defined by 720 ILCS 5/32-2 as follows:
In Illinois, a guardianship for a minor automatically is dissolved when the minor reaches the age of majority. Before reaching the age of majority, a parent may file a petition to discharge the guardian and terminate the guardianship for a minor.
Iowa DHS defines the child abuse accusation of Manufacturing or Possession of a Dangerous Substance as follows:
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the 7th Circuit Court of Appeals Federal Court.
Obtaining a judgment often requires significant time and effort for litigants. Unfortunately, just having a judgment does not mean immediate payment. Collection is often required.
The crime of Criminal Disposal of Hazardous Waste in Illinois is defined by 415 ILCS 5/44 as follows:
The Federal crime of Voting by Aliens is defined by 18 U.S.C. § 611 as follows:
The crime of Bringing Contraband into a Penal Institution in Illinois is defined by 720 ILCS 5/31A-1.1 as follows:
The crime of Accepting Bribe in Iowa is defined by Iowa Code Section 722.2 as following:
An accusation of physical abuse is a common reason that Iowa DHS will become involved with a family. Iowa DHS defines physical abuse as follows:
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Southern District of Illinois Federal Court.
The federal offense of Video Voyeurism is defined by 18 U.S.C. § 1801 as follows:
The new laws in Illinois that govern divorce and child custody cases took effect on January 1, 2016. These changes in terminology are a reflection of the goals of the court in custody and divorce case.
The Federal crime of Deprivation of Rights Under Color of Law is defined by 18 U.S.C. 242 as follows:
Election Misconduct in the First Degree in Iowa, sometimes informally called voter fraud, is the crime defined by Iowa Code Section 39A.2 as follows:
The Iowa crime of Bribery is defined in Iowa Code Section 722.1 as follows:
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Central District of Illinois Federal Court.
The Federal crime of Transmission of Wagering Information (gambling information) is defined by 18 U.S.C. § 1084 as follows:
In situations where Illinois DCFS has become involved, there may be an allegation that a child has been subjected to a Substantial Risk of Physical Injury / Environment Injurious to Health and Welfare. That allegation in Illinois (DCFS Allegation #60) is defined as follows:
In Iowa, the crime of Bribery in Sports is defined by Iowa Code Section 722.3 as follows:
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Northern District of Illinois Federal Court.
An accusation of sexual abuse of a child in Iowa will result in a DHS investigation. Iowa DHS defines child sexual abuse as follows:
In Iowa, the Department of Human Services (DHS) investigates child abuse allegations based upon Mental Injury. Mental Injury is defined by Iowa DHS as follows:
In the state of Iowa, the Department of Human Services (DHS) investigates cases where a parent or other caregiver is alleged to have committed Denial of Critical Care of a child. Iowa DHS defines Denial of Critical Care as follows:
Effective January 1, 2016, Illinois did away with the “grounds” system for divorce that had existed for decades. Instead, now Illinois uses “irreconcilable differences” and can be thought of a as no-fault state for divorces.
In cases where a person or their spouse is a military service memver, there are special consideration when getting divorced in Illinois.
When a person or their spouse is in the military, there are special consideration for a divorce case in Iowa.
Many of the people in Illinois who face a criminal or traffic charge are from out of state. Indeed, it is easy for a visit to relatives or a vacation in Illinois to result in a traffic ticket or a more serious charge. For such individuals, it is of great importance to handle the case properly.
Police will often ask a person for permission to search their home, car, or person. It is almost never wise to give such permission, for a variety of reasons.
When a person is suspected of a crime, the police will often raid the person’s home in search of evidence. More formally, this is referred to as the execution of a search warrant.
A consultation is the first step in retaining an attorney to represent a person in a criminal case. There are many matters that should be discussed during a criminal case consultation.
One of the most basic principles in the American legal system is that a person who is accused of a crime is innocent until proven guilty. This principle is the bedrock of our criminal justice justice system, and should be remembered by everyone who is involved in a criminal case.
In Iowa, to evict a tenant, a landlord cannot engage in self-help but must obtain a court order to evict a tenant. The procedure in Iowa to evict a tenant is called a forcible entry and detainer (FED) action.
Many people charged with criminal and traffic offenses in Iowa are from out of state (and sometimes quite far from the county in Iowa where the charges are pending). In such a case, it is prudent for the out-of-state person with the pending charge to seek an attorney in Iowa. At Puryear Law, we represent many such clients from out of state.
Civil rights lawsuits are one of the most important tools our society has for putting a stop to abuses of power.
In cases where a person’s civil rights are violated by the police or another governmental agency, it is important to preserve evidence of the violation for use in court later. A variety of smartphone apps now exist for this very purpose.
All too often, a person whose civil rights have already been violated will also face retaliatory criminal charges. Taking the right action to avoid such charges is important.
The crime of Commercial Bribery in Illinois is defined by 720 ILCS 5/29A-1 and 720 ILCS 5/29A-2 as follows:
The crime of Impersonating a Public Official in Iowa is defined by Iowa Code Section 718.2 as follows:
The Iowa crime of Harassment of Public Officers and Employees is defined by Iowa Code Section 718.4 as follows: Any person who willfully prevents or attempts to prevent any public officer or employee from performing the officer’s or employee’s duty commits a simple misdemeanor. A conviction for Harassment of Public Officers and Employees in Iowa is a Simple Misdemeanor, meaning the maximum penalty is 30 days in the county jail.
These days, more people than ever end up moving from state to state. That can create issues for people when it comes to seeking a restoration of gun rights, as some people are unsure whether they need to seek the restoration of their firearms rights in the state where the crime occurred or in the state where they now live. Luckily, the answer is a simple one.
The Iowa crime of Human Trafficking is defined by Iowa Code Section 710A.2 as follows:
The crime of Unlawful Possession of a Firearm by a Street Gang Member in Illinois is defined by 720 ILCS 5/24-1.8 as follows: (a) A person commits unlawful possession of a firearm by a street gang member when he or she knowingly: (1) possesses, carries, or conceals on or about his or her person a firearm and firearm ammunition while on any street, road, alley, gangway, sidewalk, or any other lands, except when inside his or her own abode or inside his … Continued
The crime of Defacing Identification Marks of Firearms in Illinois is defined by 720 ILCS 5/24-5 as follows:
The crime of Possession of a Stolen Firearm in Illinois is defined by 720 ILCS 5/24-3.8 as follows:
The crime of Gunrunning in Illinois is defined by 720 ILCS 5/24-3A as follows: (a) A person commits gunrunning when he or she transfers 3 or more firearms in violation of any of the paragraphs of Section 24-3 of this Code. (b) Sentence. A person who commits gunrunning: (1) is guilty of a Class 1 felony; (2) is guilty of a Class X felony for which the sentence shall be a term of imprisonment of not less than 8 years and … Continued
The Illinois crime of Armed Habitual Criminal is defined by 720 ILCS 5/24-1.7 as follows:
The crime of Aggravated Discharge of a Firearm in Illinois is defined by 720 ILCS 5/24-1.2 as follows:
In Divorce and child custody cases, Interrogatories are a common discovery tool. Interrogatories can help a party to obtain information that is needed to reach a favorable settlement, or to take the case to trial.
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the 8th Circuit Court of Appeals Federal Court.
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Southern District of Iowa Federal Court.
CM/ECF, which stands for Case Management/Electronic Case Files, is the system used to efile and access court documents for the Northern District of Iowa Federal Court.
It is common in divorce and custody cases in Iowa and Illinois for the court to award a non-custodial parent (a parent who does not have primary physical care) an extended block of visitation in the summer months. Summer visitation is also commonly awarded to both parents so that each parent can have an opportunity to take a vacation or otherwise spend time with the child. Summer visitation can be a great opportunity for a parent to spend more time with … Continued
In a divorce or custody case, Requests for Production of Documents is a commonly used discovery tool.
In cases where a person’s civil rights have been violated by the police or another governmental actor, it is important to ensure that the evidence is swiftly preserved. Failing to do so can make it difficult or even impossible to address the misconduct that a person has suffered.
In Iowa, a guardianship either ends or can be dissolve in the following circumstances
KWQC Channel 6 in the Quad Cities ran a story on President Obama’s gun control executive action. I enjoyed being interview again by KWQC Reporter Courtney Yuen for that story, which can be seen here. Unlike many new articles on gun-related subjects, this one is quite balanced.
In gun related cases, it is often critical to utilize an expert witness.
The Department of Human Services in Iowa handles both the licensing of daycare operators and child abuse/neglect investigations in Iowa. When a person who operates a daycare is accused of child abuse or child neglect in Iowa, they face both the standard concerns anyone would face, as well as concerns about their livelihood and ability to continue operating a daycare.
Depositions can be useful tools in child custody and divorce cases in Iowa and Illinois.
When a party obtains a judgment in a civil case, that party becomes what is called a “judgment-creditor.” The party that owes the judgment, which is a debt, is a “judgment-debtor.” While a judgment-creditor may be relieved to have won a judgment, that fact alone does not equal payment in all cases.
The Servicemembers Civil Relief Act, which is found at 50 U.S.C. sections 501-597b, was enacted to allow servicemembers to devote their energy to the defense needs of the nation and to provide for the temporary suspension of judicial and administrative proceedings, except criminal proceedings, that may adversely affect the civil rights of servicemembers during military service.
There are some police officers who engage in misconduct and commit acts of brutality. Properly handling such a situation of abuse on the part of the police is vital to protecting oneself, obtaining the justice that is deserved, and putting a stop to such wrongdoing, so as to protect oneself and the community as a whole.
Filing a child custody case in the right location is important.
In many cases these days, a child is endangered or harmed by a the new spouse, boyfriend, or girlfriend of an ex. Properly addressing such a situation is vital to ensuring the safety of the child.
Court in Clinton County, Iowa is held in a single courthouse. This courthouse handles cases for the Iowa District Court, Iowa Associate District Court, Iowa Juvenile Court, and Magistrate Court for the county of Clinton.
The Muscatine County, Iowa courthouse is a single building in which the Iowa District Court, Iowa Associate District Court, Iowa Juvenile Court, and Magistrate Court for the County of Muscatine all sit.
The court in in Henry County, Illinois is generally held at the main courthouse in Cambridge, IL, although there is also a satellite courthouse in Kewanee, IL that is used for some cases.
Illinois law requires that drivers use traffic lanes in a particular manner. The portion of Illinois law that governs use of lanes on the road is 625 ILCS 5/11-709, which provides as follows:
In divorce and child custody cases in Illinois and Iowa, Discovery is an important part of the case. Discovery refers to the process through which each side in a divorce or custody case is entitled to gather information from the other side, for use in court later. It is important to comply with discovery, as a failure to do so can result in significant harm to a case.
The crime of money laundering in Iowa is defined by Iowa Code Section 706.B as follows:
Poaching in Iowa is the crime committed when a person takes wildlife or fish without the proper permit. Iowa Code Section 483A.42
Gun laws vary greatly from state to state, and even within states at the city and county level. These differences can cause a gun owner serious legal problems.
Federal law makes it a serious crime for a person to impersonate an officer or employee of the United States, under 18 U.S.C. § 912:
Federal law imposes criminal penalties upon those convicted of certain activities relating to material constituting or containing child pornography, as provided for by 18 U.S.C. § 2252A:
The Federal crime of Kidnapping applies to kidnapping in the traditional sense, as well as parental kidnapping. It is defined in 18 U.S.C. § 1201 as follows:
The Federal crimes of Coercion and Enticement relate to situations where a person is accused of causing another person to travel for or engage in prostitution or any other unlawful sexual activity. The penalties vary depending upon the age of the individual and other factors, as set forth in 18 U.S.C. § 2422 as shown below:
There are several Federal crimes defined in 18 U.S.C. § 2423 which relate to travel and transportation in connection with certain illegal sexual activity. Those subsections of 18 U.S.C. § 2423 are discussed below:
It is a Federal crime for a person who is operating a common carrier to be under the influence of drugs or alcohol. The applicable Federal law, 18 U.S.C. § 342, provides as follows:
The Federal crime of Federal Tampering with a Witness, Victim, or an Informant is set forth in 18 U.S. Code § 1512, which provides as follows:
People will sometimes attempt to represent themselves in a divorce case. When a person acts as their own lawyer (pro se) in a divorce, there are often serious problems created, both in the short term and the long term. Anyone who is considering representing themselves should consider the possible ramifications before proceeding.
The crime of Threat of Terrorism in Iowa is defined by Iowa Code Section 708A.5 as follows:
The Illinois crime of Falsely Making a Terrorist Threat is defined in 720 ILCS 5/29D-25 as follows:
The crime of Making a Terrorist Threat under Illinois law is defined in 720 ILCS 5/29D-20 as follows:
The crime of Child Abandonment in Illinois is defined by 720 ILCS 5/12C-10 as follows:
The Illinois crime of Endangering the Life or Health of a Child is defined in 720 ILCS 5/12C-5 as follows:
Judges can and do make incorrect rulings. Sometimes a judge’s rulings are factually inaccurate, and other times they include legal errors. There are actions that can be taken to when a judge “gets it wrong,” but the time limits are short so it is important to act swiftly.
The first step in the divorce process, is determining where exactly to file the divorce and begin court proceedings. This process is usually simple, but it can be difficult for military families. For a divorce judgment to be valid, one of the individuals usually must be domiciled in the State issuing the divorce decree.
A common question in divorce cases is how long it will take for the divorce to be completed. The answer to that question depends upon many different factors that are unique to each case. Those factors include the following:
The issues of what crimes should bar a person from gun ownership, how long such a ban on gun ownership should last, and when a person should be able to have their gun rights restored are often hotly debated.
When a married couple is going through a divorce case, the issue of how to file taxes and what to do with a tax refund often arises. Properly handling such a tax situation is important.
In Scott County, Iowa, there is a single courthouse that is used for all court cases in the county. That includes traffic, OWI, misdemeanors, felonies, divorce, child custody, general lawsuits, and other cases.
In Rock Island County, Illinois, there are two courthouse buildings in which custody, divorce, traffic, DUI, misdemeanor, felony, and other cases can be heard.
During a divorce case, it is critical that both spouses carefully choose their words when discussing the situation with their children. This is important for both the mental wellbeing of the children, and each spouse’s legal interests in the case.
After a criminal defendant has been convicted and sentenced and completed his or her direct appeal and state post-conviction relief proceedings, the defendant has one final means to challenge his or her conviction and sentence. This final proceeding is called a federal habeas corpus proceeding, which is found at 28 U.S.C. section 2254 (prisoners in state custody) and 28 U.S.C. section 2255 (prisoners in federal custody). Habeas corpus is defined as a writ requiring a person to produce a prisoner … Continued
Illinois Attorney General Lisa Madigan has issued an opinion which finds that daily fantasy sports contests, such as those offered by FanDuel and DraftKings, constitute illegal gambling in Illinois.
Navigating the process of obtaining Social Security Disability benefits can be time-consuming, confusing, and stressful — and often for individuals who experiencing the worst hardship of their lives. This is, in part, because (in order to qualify for benefits) a person must demonstrate that he or she is disabled.
In Illinois, multiple defendants can be charged with the same or similar crimes in the same charging document, the information or indictment. A criminal defendant or the State may want to file a motion to sever the co-defendants if prejudiced by the joinder of the co-defendants.
In Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge
In Illinois, possession, deliver, and manufacture of methamphetamine is illegal and are punished rather harshly. The punishments vary according to the amount of methamphetamine involved. Knowing possession of methamphetamine without
The Drug Court Treatment Act was authorized to reduce the incidence of drug use, drug addiction, and crimes committed as a result of drug use and drug addiction in the State of Illinois. Pursuant to the Act, each judicial circuit within the State of Illinois must establish a drug court program. A Defendant may attend drug court as an alternative to a term of imprisonment.
Iowa classifies heroin as a Schedule I Substance. Not all heroin offenses are treated the same, and the penalties vary depending on whether the individual was in mere possession of heroin, or whether the individual was manufacturing, delivering, or possessing with the intent to deliver or manufacture heroin. Other variables include the
In Illinois it is a crime to possess, deliver, manufacture, and traffic heroin. The Illinois Controlled Substances Act details the guidelines and penalties that Illinois courts follow in sentencing individuals under the Act.
The question of where to file for divorce is one that can be complex, especially when a person has moved recently or has a spouse who lives in another state. Selecting the right jurisdiction and venue for the divorce case is important, as incorrect choices can cause significant harm to a person’s case and interests.
The crimes of Credit Card Fraud and Debit Card Fraud in Illinois are actually multiple separate crimes that apply in various circumstances where a person is accused of certain actions concerning a credit card or debit card. This article discusses those various criminal charges under Illinois law.
Under Illinois law, a failure to maintain residential real estate can result in misdemeanor or even felony charges, under the crimes of Criminal Housing Management and Aggravated Criminal Housing Management, as set forth in 720 ILCS 5/12-5.1 and 720 ILCS 5/12-5.1a:
The crime of Vehicular endangerment in Illinois is defined by 720 ILCS 5/12-5.02 as follows:
Illinois law makes it the separate crime of unlawful use of body armor for a person to wear body armor while committing another crime. This law can be seen in 720 ILCS 5/33F-2, which provides as follows:
In the state of Illinois, gambling is generally a crime unless it is done in a way that has been legalized, such as the Illinois Lottery or at a licensed casino. The crime of gambling is defined by 720 ILCS 5/28-1 follows:
The crime of Deceptive Practices through the writing of bad checks in Illinois is defined by 720 ILCS 5/17-1 (B) as follows:
The crime of Retail Theft (often informally called Shoplifting) in Illinois is defined by 720 ILCS 5/16-25 as the crime a person commits under any of the following circumstances:
Continuance is the legal term for when a court date is rescheduled to some time in the future. There are many reasons that a court date may be Continued, and continuances can have significant effects upon cases.
When a person consults with a lawyer about their family law case, there are many different things that should be discussed so that the client is as informed as possible about how the case would proceed and the terms of representation. While each situation is different, there are some common things that are applicable in every case:
Under Illinois law, a business that collects personal information of Illinois residents has certain duties to inform affected people in the event of a breach, under 815 ILCS 530/10:
Those who are suspected of involvement in a criminal act by Federal prosecutors will sometimes be offered a Proffer, which is a type of limited immunity from prosecution in exchange for cooperation. Sometimes the Proffer is initiated by the prosecutors, and other times a person and their attorney will request a Proffer. Handling a Proffer situation properly is of the highest importance, as it can greatly affect whether a person is prosecuted and the outcome of such a case.
Federal law prohibits the manufacture, distribution, possession with intent, or dispensing of a variety of drugs that include marijuana, cocaine, heroine, and methamphetamine. The applicable Federal law is 21 U.S.C. § 841 and 21 U.S.C. § 960. Those accused of Federal drug offenses should take the matter seriously and work with an experienced attorney to properly handle the case.
A variety of unlawful actions concerning money orders and postal notes are criminalized by the Federal government in 18 U.S.C. 500, which provides as follows:
Federal law provides felony charges for those accused of counterfeiting postage stamps, postage meter stamps, and postcard postage. That federal law, 18 U.S.C. 501, provides as follows:
The US Federal crime of Wire Fraud is defined in 18 U.S.C. 1343 as follows:
Those who have been convicted of certain felony offenses are prohibited by US Federal law from possessing body armor. The applicable Federal law can be seen in 18 U.S.C. 931, which provides as follows:
Iowa law imposes a duty upon businesses (and some other organizations and people) to notify individuals in the event that there is a breach. That requirement is contained in Iowa Code section 715C.2:
Iowa defines the crime of nonsupport in Iowa Code section 726.5 as follows:
The Iowa crime of Riot is defined by Iowa Code Section 723.1 as follows:
The crimes of Bigamy and Marrying a Bigamist in Illinois are defined by 720 ILCS 5/11-45 as follows:
The crime of bigamy in Iowa is defined by Iowa Code section 726.1, which provides as follows:
When a DHS (in Iowa) or DCFS (in Illinois) become involved in a person’s life due to child abuse or neglect allegations, they often do so by making an unannounced visit and requesting that a person speak with them. How that conversation is handled can have a significant impact upon the rest of the case.
The United States Department of Justice (DOJ) has announced that it is suspending its “Equitable-Sharing” Asset Forfeiture Program.
In a criminal jury trial, it is the members of the jury who decide the guilt or innocence of the accused. Selecting the jury is an important part of a person’s defense.
Those involved in a divorce case are sometimes tempted to use spyware or other snooping techniques to spy upon their spouse. Such spying is not favored by the courts in Illinois or Iowa, and can even result in criminal charges.
Whiles some states have a government-run website that allows for cases to be viewed online, the state of Illinois has no such unified system. However, over 70 counties in Illinois do offer online court access through Judici. Judici is a privately run website that partners with counties to provide free access to court records.
In a divorce or custody case, there can be advantages to being the first to file.
The state of Iowa has switched from paper filing to electronic filing for virtually all court matters. The system used for electronic filing is called Electronic Document Management System (EDMS). The use of EDMS is generally mandatory.
The crimes of computer tampering and aggravated computer tampering in Illinois are defined by 720 ILCS 5/17-51 and 720 ILCS 5/17-52 as follows:
The crime of Computer Fraud in Illinois is defined by 720 ILCS 5/17-50 as follows:
Iowa law requires that drivers use their turn signal under certain circumstances. Those requirements are specified in Iowa Code Sections 321.314 and 321.315:
Illinois law requires drivers to make use of their car’s turn signal in certain circumstances, in accordance with 625 ILCS 5/11-804, and a failure to do so can result in a traffic citation for failure to signal.
Iowa Code Section 715 provides various definitions and charges that relate to computer spyware and malware. This law imposes criminal penalties upon certain actions relating to spyware and malware. The relevant sections of the Iowa code are discussed below:
Adoption proceedings in Illinois are governed by 750 ILCS 50/1 et seq. An adoption is a legal process whereby a parent-child relationship is established.
In Iowa, a party claiming that a judge exceeded his or her jurisdiction or otherwise acted illegally may file a petition for writ of certiorari with the Iowa Supreme Court. The petition for writ of certiorari must be filed within thirty (30) days after the challenged decision. If a motion to amend, enlarge, or reconsider is filed, the petition must be filed within thirty (30) days after the ruling on the motion. No extensions are allowed except for the failure … Continued
A gun trust is a type of trust used to register and own firearms in the United States. A gun trust is not a necessity to register or own firearms in the United States, but they do provide many useful benefits, especially in cases where the firearms owned are Title II/Class 3.
Postconviction relief proceedings in Illinois are governed by 725 ILCS 5/122. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing. Typically, postconviction relief actions are initiated after the criminal defendant’s direct appeals have been exhausted
In divorce cases, it is not uncommon for a spouse to try and hide assets from the other spouse and the legal system. It is important to properly handle such attempts to hide assets.
The crime of Armed Violence in Illinois is defined by 720 ILCS 5/33A et seq. It is a serious felony in charge in Illinois that can carry decades in prison for those who are convicted. Contrary to the common-sense reading of the name of charge, a person need not commit any act of violence to be charged with armed violence in Illinois.
The crime of Extortion in Iowa is defined by Iowa Code section 711.4 as follows:
In divorce case, there is always the question about how to break the news about a divorce to one’s spouse. The right way to handle the sharing of that information is something that will be different for each person, depending upon the unique facts in each case.
Before and during a divorce is started, many people consider moving out of the marital home. The decision as to whether to move out or remain in the marital residence is a complex one that has significant ramifications upon property, custody, alimony, and other issues for those with cases in Illinois and Iowa.
Illinois has very strict gun regulations. To carry a concealed firearm in the State of Illinois, an individual must apply for an Illinois Concealed Carry License. Pursuant to Illinois law, only
Pursuant to the Stalking No Contact Order Act, Illinois permits a person to file a Petition for a Stalking No Contact Order and to request relief from individuals engaging in stalking behavior. The perpetrator against whom relief is requested, also known as the Respondent, must be engaging in a course of conduct of stalking. This is generally proven by two or more acts of any method, including following a
In the United States Supreme Court case of Brady v. Maryland, 373 U.S. 83 (1963), the United States Supreme Court held that a prosecutor who suppresses evidence favorable to the criminal defendant upon request violates the defendant’s right to due process where the evidence is material either to guilt or to punishment, irrespective of the good or bad faith of the prosecutor. This is the law of the land in the entire United States, and applies to prosecutions in every … Continued
The Department of Human Services (DHS) in Iowa, and its counterpart the Department of Children and Family Services (DCFS) in Illinois, are responsible for investigating child abuse accusations. Sadly, many of their reports inaccurately assign blame for child abuse, or claim that abuse exists when there has not been any abuse at all.
The crime of Disorderly Conduct in Illinois is defined by 720 ILCS 5/26-1 is follows:
The criminal penalties for giving, selling, or making firearms available to minors in Iowa are defined in Iowa Code 724.22 as follows:
Iowa Code section 724.8 provides a list of people who are ineligible for a permit to carry weapons under Iowa law:
The Iowa crime of Reckless Use of a Firearm is defined by Iowa Code section 724.30 as follows:
Iowa Code section 723.4 defines the crime of disorderly conduct as follows:
The crime of Ongoing Criminal Conduct in Iowa is a serious one, and is defined in Iowa Code section 706A et. seq. as follows:
Iowa law permits couples to enact premarital agreements (also known as prenuptial agreements or antenuptial agreements) prior to marriage. Premarital agreements are becoming increasingly more common and enables couples to come to a mutual understanding of the distribution of property prior to
If a criminal defendant has allegedly violated his or her probation in Illinois, the court can issue a notice or a summons to the defendant to be present for a hearing or order a warrant for the defendant’s arrest if the defendant is a flight risk, causes serious harm to others, or
Premarital agreements (also known as prenuptuial or antenuptial agreements) are great for couples who want to figure out the distribution of their property prior to the filing of a divorce. A premarital agreement enables couples to come to a mutual understanding during the
If there is probable cause to believe that a criminal defendant has violated the terms and conditions of his or her probation in Iowa, the probation officer may seek a summons or an arrest warrant
Below is a video interview and question and answer session with Constitutional Expert Jonathan Turley, which aired on C-SPAN. Given the implications of mass surveillance and privacy upon every area of law – especially criminal defense – the video is certainly worth watching. That is especially true given the recent attempts to argue for insecure backdoors in encryption.
The crime of hazing in Iowa is defined by Iowa Code section 708.10, which reads as follows:
In Illinois, the crime of hazing is defined by 720 ILCS 5/12C-50 as follows:
The Iowa crime of Obstruction of emergency communications is defined by Iowa Code section 727.5 as follows:
The crime of intimidation in Illinois is defined by 720 ILCS 5/12-6 as is shown below:
The crime of Sexual Exploitation of a Child in Illinois is defined by 720 ILCS 5/11-9.1: (a) A person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person: (1) engages in a sexual act; or (2) exposes his or her sex organs, anus or breast for the … Continued
The crime of child pornography in Illinois is defined by 720 ILCS 5/11-20.1 as follows:
The crime of sexual exploitation of a minor in Iowa is defined by Iowa Code section 728.12, which provides as follows:
It is often possible to resolve a dispute without the need to resort to a lawsuit. Avoiding such litigation though the use of properly drafted demand letters can allow a person to obtain the desired outcome swiftly, while avoiding the cost and delays associated
It is sadly common for an opposing party in a family law case to engage in conduct that is fraudulent or involves perjury (lying under oath). Handling those situations properly, so that the lies do not result in an unfair custody, child support, or other outcome is of great
Federal criminal law has a statute of limitations, which is to say that there are time limits imposed upon the commencement of federal prosecutions
US federal law makes it crime for a person who has been removed (deported) to reenter the United States. 8 U.S.C. 1326 states as follows:
A parent who is facing visitation interference should carefully document and report that interference, so that their attorney can properly use that evidence in court to resolve the problem.
A person facing criminal charges can have either a jury trial or a bench trial. Depending upon the nature of the charges and facts of the case, it may be wise to opt for one type of trial or another.
Federal law prohibits those convicted of felonies and certain other offenses from possessing a firearm or body armor. That law is codified in 18 U.S.C. § 931, which provides as follows:
A person who is charged with a crime relating to child abuse will often find themselves also facing a DHS or DCFS child abuse report, a custody case, and/or a juvenile abuse/neglect case.
The crime of conspiracy in Illinois is defined by 720 ILCS 5/8-2 as follows:
The Iowa crime of Conspiracy is defined by Iowa Code sections 706.1 and 706.3 as follows:
The Iowa crime of False Reports to or Communications with Public Safety Entities, sometimes referred to as making a false statement, is defined by Iowa Code section 718.6 as follows:
Iowa is a “no fault” state when it comes to divorces, although the Iowa Code requires certain grounds be alleged in order for a divorce case to proceed.
Unlike many states that have switched to “no fault” divorces, the state of Illinois still requires that person wishing to be divorced prove “grounds” for the divorce. There are many grounds that can be used to obtain a divorce in Illinois.
The federal crime of arson is defined by 18 U.S.C. § 81 as follows.
Iowa Code Chapter 712 covers the crime of arson. Arson is defined as causing a fire or explosion, placing any burning or combustible material, or any incendiary or explosive device or material in or near any property with
Iowa code section 321.279 defines the crime of Eluding or Attempting to Elude Pursuing Law Enforcement Vehicle as follows:
The crimes of Fleeing and Eluding and Aggravated Fleeing and Eluding are defined by Illinois law in 625 ILCS 5/11-204 and 625 ILCS 5/11-204.1 as discussed below. It is important o note that fleeing and eluding and aggravated fleeing and eluding are serious criminal charges, rather than a traffic tickets.
The crime of harboring a runaway in Illinois is defined by 720 ILCS 5/10-6 as follows:
The crime of Unlawful Visitation or Parenting Time Interference in Illinois is defined by 720 ILCS 5/10-5.5 as follows:
The Illinois crime of Forcible Detention is defined by 720 ILCS 5/10-4 as follows:
The crimes of Unlawful Restraint and Aggravated Unlawful Restraint in Illinois are defined by 720 ILCS 5/10-3 and 720 ILCS 5/10-3.1 as follows:
Kidnapping in Illinois is defined by 720 ILCS 5/10-1, while the crime of aggravated kidnapping (a more serious form of kidnapping) is defined by 720 ILCS 5/10-2
The crime of harboring a runaway child is defined in Iowa Code Secion 710.9 as follows:
In Iowa, the crime of enticing a minor is defined by Iowa Code Section 710.10 as follows:
The crime of false imprisonment is defined by Iowa Code Section 710.7 as the crime a person commits when, having no reasonable belief that the person has any right or authority to do so, the person intentionally confines
In Iowa, the crime of Violating custodial order is defined by Iowa Code section 710.6 as follows:
Iowa law defines the crime of child stealing in Iowa Code section 710.5 as the crime a person commits when, knowing that the person has no authority to do so, the person forcibly or fraudulently takes, decoys, or entices away any child with intent to
The crime of kidnapping in Iowa is defined by Iowa Code section 710.1 as the crime a person commits when the person either confines a person or removes a person from one place to another, knowing that
The right to a speedy trial is guaranteed by the United States Constitution and the Illinois Constitution. Illinois also has codified the speedy trial guarantee in a statute—725 ILCS 5/103-5. Illinois has two speedy trial rights, depending on whether the defendant is
The crime of mob action in Illinois is defined by 720 ILCS 5/25-1 as follows.
The right to a speedy trial is guaranteed by the United States Constitution and the Iowa Constitution. Iowa also has a more stringent court rule regarding the right to a speedy trial–Iowa Rule of Criminal Procedure 2.33. This rule requires that a defendant charged with an indictable offense (a serious misdemeanor up to a Class A felony) must be brought to trial within
In some counties, there is a “one judge one child” rule which means that a single judge is assigned to handle each hearing in a divorce or custody case that involves one or more minor children. The purpose of that rule is to ensure that the judge who makes the final custody determination is as familiar with the case as possible, since that judge’s ruling will have a long-lasting effect upon the child’s life. The one judge one child rule … Continued
The federal crime of robbery, formally called Interference with commerce by threats or violence, is defined by 18 U.S.C. § 1951 as follows.
In criminal cases, the prosecution will often make plea offers to the defendant. That process of negotiating is call plea bargaining. Deciding whether a person accused of a crime should accept a plea offer is an important decision that must be made carefully, as the ramifications are quite serious.
An individual who is charged with Arson in Illinois faces severe penalties. Arson is the intentional act of setting fire to real or personal property. There are three different types of Arson in Illinois, and each type carries with it a different penalty
Service of Process is the legal term that refers to legal papers being given to a person who is involved in a court case. Properly handling service of process is vital, as the court cannot and will not proceed with a case when there is not good service of process.
The crimes of Contributing to the Delinquency or Criminal Delinquency of a Minor Charges in Illinois are defined by 720 ILCS 5/12C-30 as follows. Depending upon the facts, these serious charges can result in a lengthy jail or prison term.
A Joint Parenting Agreement is a common legal document in divorce or child custody cases in Illinois and Iowa. It contains the terms under which the parents of a child or children will interact as to each other and the children.
Iowa Code section 709A.1 makes it a crime for an adult to contribute to delinquency of a minor child. That section of the Iowa code
In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
A divorce decree (often formally called a Decree of Divorce or Decree of Dissolution of Marriage) is the formal legal document entered by the court that dissolves the marital relationship between the spouses. Essentially, a divorce decree is the document that
The Illinois Secretary of State has the authority to suspend or revoke an individual’s Illinois license. A charge for driving while one’s license is suspended or revoked is a serious criminal matter in Illinois.
The term of legal causes of action (lawsuits) where a person sues another over a “matter of the heart” have long been referred to as “heart balm” lawsuits. Illinois is in the minority of states that allow such causes of action, although that comes to an end on January 1, 2016.
In Iowa, a driver’s license can be suspended, revoked, and/or barred for different reasons. Driving with a suspended, revoked, or barred license can result in serious criminal charges, as well as a further loss of driving privileges.
If a criminal defendant has a pending Class C or Class D felony charge in Iowa and has two prior felony convictions in Iowa or another state, the State may seek to impose the habitual offender enhancement on the pending felony charge. The habitual offender enhancement is recidivist statute designed to punish violators
Illinois law makes certain actions a Hate Crime, under 720 ILCS 5/12-7.1:
The term “father rights” is often informally used in connection with a divorce or child custody cases in Illinois. This article addresses father’s rights and the state of the law in Iowa and Illinois insofar as the gender of a parent is concerned.
It is somewhat common for people to have warrants or pending criminals case in multiple states. This can complicate matters and lead to unfavorable outcomes, yet if handled properly can result in outcomes more favorable than might have been had with charges in a single state.
The Quad Cities Metropolitan Enforcement Group, abbreviated as QCMEG, is a collaboration of law enforcement from the Illinois and Iowa police departments in the Quad Cities area. QCMEG focuses on drug charges in Illinois and Iowa, and is funded with by State and Federal money.
The crimes of Involuntary Manslaughter and Reckless Homicide are defined in Illinois by 720 ILCS 5/9-3 as crimes committed when a person is killed under certain circumstances that do not constitute an intentional killing
The crime of Murder in Illinois is defined by 720 ILCS 5/9-1 as the crime a person commits by killing another person under certain circumstances.
Illinois law (625 ILCS 5/11-402) makes it a serious crime to leave the scene of an accident. The severity of the charge will depend upon a variety of factors.
A reality of every business is the eventual disputes with a client over the client’s failure to pay for good provided or services rendered, or the client’s dissatisfaction with those goods or services. Handling those matters properly is essential to the success of any business.
On December 11, 2015, the Iowa Supreme Court released its ruling in IN THE MATTER OF PROPERTY SEIZED FROM ROBERT PARDEE, No. 14–0029, which limits the ability of police to engage in warantless vehicle searches.
Iowa law defines the crime of voluntary manslaughter in Iowa Code sections 707.4 and involuntary manslaughter in 704.5 as an offense committed when a death of a person results, under certain circumstances.
Murder is defined by Iowa law as the intentional killing of a person under certain conditions. Iowa Code section 707.2 and 707.3 define the crimes of Murder in the First Degree and Murder in the Second Degree in Iowa as follows:
Iowa law bans the hosting of drug house gatherings (gatherings where controlled substances unlawfully used) in Iowa Code Section 124.407, which states that it is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be
At Puryear Law, we understand that many legal situations become emergencies outside of a law firm’s normal business hours. Those situations often include criminal defense, divorce, child custody, emergency injunctions, DHS/DCFS accusations, and protective orders. For situations that cannot wait, we offer emergency phone consultations for potential clients who have cases in Iowa or Illinois (in either state or federal court).
In Illinois, one spouse may obtain a “judgment of invalidity” or an annulment under the following grounds
In Iowa, one spouse may obtain an annulment of marriage under the following grounds
In Iowa, the requirement to have motor vehicle insurance is set forth in Iowa Code section 321.20B, which stated in relevant part that “Notwithstanding chapter 321A, which requires certain persons to maintain proof of financial responsibility, a person shall not drive a motor vehicle on the highways of this state unless financial liability coverage
In Illinois, drivers are required to have car insurance by 625 ILCS 5/3-707, which states that “No person shall operate a motor vehicle unless the motor vehicle is covered by a liability insurance policy in accordance with
Child support in Illinois and Iowa are based in large part upon the income of the parent who is paying child support. That makes determining the proper amount of income for child support an important aspect of the case. The Iowa District Court and the Illinois Circuit Court have the authority to impute income to either party when child support is being calculated.
Under Iowa law, a driver of a vehicle involved in an accident has a duty to stop and take certain action. Failure to do so is the crime of Leaving the Scene of an Accident under Iowa Code section 321.262 et. seq
Those who have been banned from gun ownership due to a criminal conviction or other disqualifying event in Illinois or Iowa can seek a restoration of their gun rights. This is a somewhat involved process that must be handled properly in order to have the best chance of succeeding. My firm has represented many clients in Iowa and Illinois to seek such a restoration of their gun rights.
Drivers who are accused of being at fault for a car accident in Illinois are often charged with the offense of Failure to Reduce Speed to Avoid an Accident, under 625 ILCS 5/11-601a.
Defamation in Iowa consists of the torts of libel and slander—libel consists of written statements and slander consists of oral statements. Defamation laws in Iowa embody the public policy that persons should be free to enjoy their reputation unimpaired by false and defamatory attacks. An action for defamation is based on a violation of this right
A Failure to Appear (FTA) is the legal term commonly used in Illinois and Iowa courts for a defendant not showing up to court as scheduled. An FTA can cause significant problems for a defendant.
For those who are out on bond after being charged with a crime, it is possible for bond to be revoked by the court. Bond revocation can happen for a variety of reasons in an Illinois or Iowa criminal case.
Those who have been served with papers in a civil case (e.g. a divorce, custody, child support, lawsuit, or other such case) should remember that there are strict deadlines that must be met to avoid a Default or other negative consequences in the case.
A motion in arrest of judgment in Iowa is a motion made by the defendant that no judgment be entered on a finding, plea, or verdict of guilty. Typically, this type of motion is filed to allow a guilty plea to be withdrawn
Speeding ticket (citations) in Iowa are issued by the Iowa Highway Patrol, as well as local law enforcement from counties and cities. Speeding in Iowa can result in a license suspension, insurance increases, or even jail time.
Speeding tickets (citations) are issued by local Illinois law enforcement, as well as the Illinois State Police. A speeding ticket can result in license suspension/revocation, higher insurance rates, and even jail time in Illinois.
When there are multiple defendants charged with the same crime in Iowa, they can be charged as co-defendants in the same Trial Information, which is the formal charging document. If co-defendants are charged in the same Trial Information, then they will have a joint trial where they are all tried at the same time. In some cases, it may be best for a defendant to have co-defendants charged separately with separate trials
In Illinois, the crime of resisting arrest is defined by 720 ILCS 5/31-1 as the crime committed under the following circumstances:
The crime of criminal damage to property is defined in Illinois by 720 ILCS 5/21-1 as follows. Criminal damage to property is commonly thought of as “vandalism” but can also cover other offenses in Illinois.
Iowa Code Section 716 defines the crime of criminal mischief as any damage, defacing, alteration, or destruction of property is criminal mischief when done intentionally by one who has no right to so act. In essence, criminal mischief in Iowa is what we more commonly call vandalism.
Postconviction relief proceedings in Iowa are governed by Iowa Code Chapter 822. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing
Both Iowa and Illinois recognize an individual’s right to file a medical malpractice claim against entities and individuals who provide inadequate care. A lawsuit may be filed against a health care provider for medical malpractice when the treatment falls below a standard of care generally practiced by the medical community. That means that if a health care provider makes a mistake
Both Iowa and Illinois allow for an individual to bring a lawsuit against an intentional tortfeasor for any damages caused by the wrongdoer’s intentional actions. Intentional torts tend to involve behavior that is more egregious than simple negligence, as the tortfeasor in intentional tort claims intentionally does an act that causes harm to the Plaintiff.
The crime of Trespass is defined by Iowa Code section 716.7 as the crime a person commits any of the following acts:
The crime of Criminal Trespass to Real Property in Illinois is defined by 720 ILCS 5/21-3 as follows:
The crime of Criminal Trespass to Vehicles is defined by 720 ILCS 5/21-2 as the crime a person commits when he or she knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft or snowmobile.
If an individual is injured on the job, they are entitled to receive workers’ compensation benefits. As soon as the injury occurs, it is important that the injured party reports the injury to their employer. For long-term injuries such as carpal tunnel syndrome, the injured worker should report the injury as soon as it is reasonably apparent that they have suffered some impairment. Employers and their insurance companies
Property owners must make a reasonable effort to maintain their property and to keep it safe from any dangerous conditions on the land. They must also warn others of any defective conditions with which the property owner should reasonably know about.
Any civil lawsuit can also include a wrongful death claim when the defendant’s actions or inactions resulted in the death of a loved one. When an individual dies as a result of the negligence or wrongful act of another, the victim’s close family may bring a wrongful death claim against that individual.
An individual injured by a dog bite may have a cause of action against the dog’s owner.
When the Iowa juvenile court takes action against a parent’s rights, that parent can appeal. Child in need of assistance (CINA) appeals in Iowa are governed by the Iowa Rules of Appellate Procedure and the Rules on Electronic Document Management System, which are the electronic filing of court documents. Because appeals are time sensitive and have specific requirements, it is highly advisable
At some point during their divorce case, many people will encounter attempts at manipulation from their spouse. This manipulation can center around just about any of the matters that exist in a divorce case, and is important to handle correctly as the outcome of a divorce case will affect a person’s life for years and years.
Those convicted of a crime in Iowa have a right to appeal that conviction. Criminal Appeals in Iowa are governed by the Iowa Rules of Appellate Procedure and the Rules on Electronic Document Management System, which are the electronic filing of court documents. Because appeals are time sensitive and have specific requirements, it is highly advisable to contact an attorney immediately
The US Department of Labor imposes requirements as to employee wage and hours worked record keeping. Failing to comply with those requirements can subject an employer to penalties, and can also harm the employer’s ability to defend against alleged labor law violations.
When a person and their spouse believe they are in agreement about every aspect of their divorce case, they will often express a desire to get divorced without having to “go to court.” This article addresses what is commonly meant by such a statement and how uncontested divorces in Iowa and Illinois work.
In situations where the parents of a child are no longer together, the parent with primary care of the child may decide to move at some point. For the other parent, that could in essence mean losing their child. Iowa law addresses that by considering a move of 150 miles to be a material change in circumstances, which justifies a Petition to Modify custody and physical care.
Grandparents are often very involved with grandchildren, and those bonds that are formed can be meaningful to both the grandparent and grandchild. In many situations, events will occur that result in the child’s parent or parents no longer allowing the grandparent to see the child. Depending upon the circumstances, there may
A person who is served with papers for a child custody case is often shocked and upset by the situation. Handing things the right way during that upsetting time is important, as missteps can result in lasting harm to a person’s child custody situation.
In family law cases, the best interest of the child is the court’s highest priority. The Iowa District Court and Illinois Circuit Court judges who handle custody and divorce cases are required by law to follow that standard. This article discusses the best interests of the child as applied by the courts.
In the Federal court system, the process through which a defendant is granted or denied pretrial release is governed by 18 U.S.C. § 3142. These Federal rules concerning pretrial release or detention are much different than the state court bail rules in Illinois or Iowa.
The holidays can be a wonderful time to spend with loved ones, yet it can also be one of the more difficult times for those with family law issues. Properly addressing such problems can help keep the holidays enjoyable.
Maintenance, also commonly called alimony, can be awarded by the Illinois Circuit Court as part of a divorce case. This article discusses alimony in Illinois, which was revised effective January 1, 2015 to use a new guideline system.
In Illinois, it is crime to possess an open container of alcohol in a motor vehicle, under 625 ILCS 5/11-502:
Under Iowa Code Section 123.47, it is unlawful for a person to give or sell alcohol to a minor, or for a minor to possess alcohol:
Under Iowa Code Section 321.284, it is unlawful to have an open alcoholic beverage container in the passenger compartment of a motor vehicle
In Illinois, an individual has the right to appeal a criminal conviction. If an individual was found guilty either by a jury or at a bench trial, they may appeal their conviction and sentence
A person who is sentenced to prison in the Federal court system may be eligible for a Split Sentence, which involves some time in prison and some time in community confinement or home detention.
In the United States, criminal charges can be brought by different levels of government, to include the Federal Government or the State government. Whether a person is charged at the State or Federal level depends upon a variety of factors.
The crime of Unauthorized possession of offensive weapons is defined by Iowa Code section 724.3, which states that
Illinois law defines the crime of Heinous Battery in 720 ILCS 5/12-4.1 as the crime a
The crime of Willful Injury is defined by Iowa Code section 708.4 as follows:
In Illinois, the crime of home invasion is defined by 720 ILCS 5/19-6 as the crime a person commits when without authority he or she knowingly enters the dwelling
Iowa Code section 719.1 defines the crime of Interference with Official Acts as follows:
Adoption proceedings in Iowa are governed by Iowa Code Chapter 600. An adoption is a legal process whereby a parent-child relationship is established. This article addresses the adoption process in Iowa.
As part of a divorce or legal separation case in Iowa, the court can award spousal support (also called alimony). There are a few types of spousal support in Iowa that the court can award, for various reasons.
Fraudulent Practices is a crime in Iowa defined by Iowa Code section 714.8. There are a variety of actions that a person can take in Iowa that will result in the charge of Fraudulent Practices. Those actions are defined by Iowa law as follows.
Classification of workers as independent contractors v. employees has become an important focus of the US Department of Labor in recent years. Misclassification of employees as an independent contractor is commonplace, and can subject an employee to significant financial penalties and costs. For that reason it is in the interest of every business owner to
In divorce cases, the division of retirement accounts and pensions is often an issue. Properly handling 401(k), pension, thrift saving plans, annuities, IRAs, and other retirement plans is of great importance in Iowa and Illinois.
False accusations of domestic abuse are common in divorce and custody cases in Illinois and Iowa. Properly handling such accusations of domestic violence is of the highest importance.
Domestic battery or other instances of domestic violence can have a significant effect upon how the Illinois courts handle child custody decisions in divorce or custody cases.
Parental Alienation is a situation that is often created in custody and divorce cases when one parent (or other individual) attempts to destroy the relationship between a child and the other parent. Illinois law quite correctly sees such improper action on the part of a parent, grandparent, or other person as seriously damaging to the child, and the Illinois
Parental Alienation is a situation commonly produced in divorce and custody cases when one parent (or other person) tries to destroy the relationship between a child and the other parent. Iowa law recognizes such improper action on the part of a parent, grandparent, or other person is seriously harmful to the child, and the Iowa court system can address the situation.
A history of domestic abuse can have a serious effect upon the custody determinations that the Iowa court makes in a divorce or custody cases.
Being served with divorce papers can be an upsetting and stressful event for many people. However, it is important to handles the situation properly so as to avoid harm to one’s custody and property rights.
Mediation is a process employed by many courts to try and resolve some or all of the contested matters in a divorce case, without having to proceed to a trial. Sometimes mediation is mandatory, and other times it is voluntary. The mediation process has the potential to be useful to parties in a divorce case, but mediation also can lead to problems if it is not handled properly.
Pets are an important part of many people’s lives. Indeed, I have seen Illinois divorce cases where there was more concerns over a dog or cat then some people people sadly show for their children. As such, handling pet matters in a divorce case can be of great importance.
In the hearts of their human owners, pets can feel like as much a member of the family as a person. As such, getting the right resolution for the distribution of pets in an Iowa divorce case is often of great importance.
Criminal history checks are becoming more common with each passing year, increasing the importance of maintaining a good criminal record.
During divorce cases, it is not uncommon for a spouse to try and spend marital money in an inappropriate manner. Sometimes that involves emptying out bank accounts. Other times, a spouse will overuse credit cards during the divorce case. It is important to address that improper spending quickly in Illinois or Iowa.
In Illinois and Iowa custody cases, the court has the authority to issue in emergency injunction to prevent harm to a child. This article discusses injunctions in the Illinois Circuit Court and Iowa District Court.
If a person does not obey a court Order in Illinois, then there is a remedy called a Rule to Show Cause (also referred to as a Contempt Action) that can be brought to address the matter. In Illinois, a Rule to Show Cause is often used to address failures to pay child support and interference with visitation.
In Iowa, when a person fails to follow a court order, the matter can be addressed through a Rule to Show Cause (which is sometimes also called a contempt action). A Rule to Show Cause is most commonly used in family law cases to address violations of court orders involving custody, visitation, child support, and spousal support.
Identity theft affects tens of millions of Americans each year, costing billions of dollars. In recent years, the number of breaches of personal information and the sophistication of identity thieves has increased dramatically, with no signs of stopping. However, there are steps that everyone can take to reduce the risk of identity theft.
A person who is out on bond during the pendency of a criminal case may find that the bond conditions originally set by the court are not longer workable, due to a change in circumstances. The solution is to seek a modification of the bond terms.
Although “slip and fall” personal injury accidents are the butt of many jokes on TV and the internet, such accidents are no laughing matter in real life. A person who experiences a slip and fall accident may suffer significant harm. That harm often includes medical expenses, lost wages, and pain and suffering. Such matters should be properly addressed through the legal system in Iowa and Illinois.
In Illinois, 720 ILCS 5/24-1.1 makes it a crime for a person who has been convicted of a felony in Illinois or another state to possess a firearm or ammunition:
Iowa law prohibits people who have been convicted of a felony, misdemeanor of domestic violence, who are subject to a protective order, or have a juvenile adjudication that would have been a conviction if they had been an adult from possessing firearms or ammunition, under Iowa Code section 724.26.
Under Iowa law, a registered agent is an individual (or a corporation depending on the business organization) designated by the entity to accept service of process
Illinois law requires a sentencing judge in a criminal case to consider a series of factors when determining a sentence to impose upon a defendant who has been convicted of a crime. There are factors in aggravation, which suggest a harsher sentence, and factors in mitigation, which suggest a lighter sentence. Those factors and additional guidance as to sentencing are
In Iowa criminal cases, the sentencing judge is instructed by Iowa Code section 901.5 to consider certain guidelines and factors in determining what sentence to impose. This article discusses that sentencing process in Iowa criminal cases.
Iowa code section 123.46 defines the crimes of pblic intoxication as follows.
On June 22, 2013, just before midnight, Waterloo police responded to a 911 call. In the process of handling that call, they arrested a woman who had stood on her own front porch for public intoxication, after determining that the woman was drunk. The woman was convicted at a trial of public intoxication. On appeal, the Iowa Supreme Court reversed the conviction, finding that the front steps and porch of a single family home are not a public place and … Continued
Under Iowa, possession with intent to deliver marijuana is a felony. Iowa Code Section 124.401 addresses possession with the intent to deliver the controlled substance of marijuana.
In addition to normal laws banning the sale of illegal drugs, Iowa also has a Drug Tax Stamp law that makes it a separate crime to sell illegal drugs without having first purchased a drug tax stamp. Iowa Code Section 453B addresses the tax stamp requirements.
In many drug cases filed by prosecutors in Illinois and Iowa, part of the evidence will be an alleged controlled buy. Such cases can be difficult to defend against, yet also present useful opportunities that can make it easier to fight the case.
In Iowa, a person who possesses cocaine with the intent to deliver it to another person commits a serious felony charge, under Iowa Code Section 124.401. Iowa law provides for harsh penalties for those convicted of possession with the intent to deliver cocaine.
In the state of Illinois, the Controlled Substance Act (720 ILCS 570/200, et seq) prohibits possession of cocaine. Under Illinois law, possession of cocaine is treated very seriously and is always a felony charge. That differs from many states, which have a misdemeanor charge when a small amount of cocaine is possessed for personal use.
Conciliation is part of the Iowa divorce process in some cases. The purpose of conciliation is to attempt to save the marriage by getting the spouses to work out their differences. Iowa code section 598.16 addresses conciliation.
Under Iowa law, those seeking a divorce are subject to a 90 day waiting period. However, the Iowa code allows for waiver of that waiting period under certain narrow circumstances.
Facebook is used by over a billion people every day, and as such it has an important role to play in many divorce, custody, and protective order cases that take place in the states of Iowa and Illinois.
Owning one’s own business can be quite rewarding, both from financial and personal satisfaction perspectives. However, it can also be a headache at times, and that is especially true when there are legal disputes surrounding the business. Having the right contracts can go a long way to helping business owners avoid such legal problems, and is truly an area where an ounce of prevention is worth a pound of cure
Iowa law defines the crime of Lascivious Acts with a Child in Iowa Code section 709.8 as follows:
Under Iowa Code section 709.15, the crime of Sexual exploitation by a school employee occurs when any of the following are found
For those who do not have an Iowa Permit to Carry Weapons, it is crime to improperly carry a gun, knife, or other weapon. Iowa Code Section 724.4 defines the crime of Carrying Weapons as follows:
In the state of Illinois, it is a crime to possess drug paraphernalia. 720 ILCS 600/3.5 defines the crime of drug paraphernalia possession as the crime
Iowa code section 124.414 bans the possession of drug paraphernalia, which is defined as all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance
Iowa bans use or possession of marijuana in Iowa code section 124 et. seq. That law makes it a Serious Misdemeanor
Iowa law allows depositions to be taken in criminal cases. That is a powerful tool that can be of great benefit to a criminal defendant in Iowa. Rule 2.13 of the Iowa Rules of Criminal Procedure
Iowa code section 664A.7 provides for criminal and contempt of court penalties for violations of a no-contact or protective order. That section of the Iowa code states
In Illinois, a person who violates a protective order can be prosecuted with a misdemeanor or felony charge. The crime of violation of a protective order in Illinois is defined in 720 ILCS 5/12-3.4 as
Illinois law provides for 3 classes of misdemeanors, each of which carries a different possible sentence. This article addresses those Illinois misdemeanor sentences.
Under Iowa Law, as codified in Iowa Code 903.1, there are 3 classes of misdemeanors, each with its own possible term of imprisonment and fine. This article addresses those Iowa misdemeanors.
Under Iowa law, a person commits the crime of Identity Theft if they fraudulently uses or attempts to fraudulently use identification information of another person, with the intent to obtain
Felony charges in Iowa come in 4 different classes, with different penalties depending upon the class of felony and the charge. This article addresses those felony sentences in Iowa.
Felonies in the state of Illinois come in several different classes, each which has a different range of prison terms and other penalties. This article discusses those felony classes and punishments in Illinois.
A person whose Iowa Permit to Carry Weapons is revoked or denied has the right to appeal. That appeal must be filed timely and handled properly in order to properly protect the person’s right
The Iowa Department of Inspections and Appeals is a “multifaceted regulatory agency charged with protecting the
In divorce, custody, and juvenile cases in the states of Illinois and Iowa, a Guardian ad litem can be appointed by the court to represent the legal interests of a minor child in the case. This article will discuss the role of a Guardian ad litem in
Below is information for the Whiteside County, IL jail, which is located in Morrison, Illinois.
Information for the Mercer County, IL jail, which is located in Aledo, Illinois is shown below.
Illinois law (720 ILCS 5/17-3) defines forgery as the crime committed when a person does any of the following actions:
Iowa code section 715A.2 defines the crime of forgery, which is committed when a person does any of the following acts in Iowa
The crime of Street Racing in Illinois (often informally called Drag Racing) is defined and prohibited by 625 ILCS 5/11-506. That section of the Illinois Compiled Statutes defines Street Racing as well as the more serious charge of Aggravated Street Racing as follows:
Iowa law prohibits drag racing and defines the crime in Iowa Code section 321.278 as follows:
The Iowa code defines the crime of careless driving as the crime that a person commits careless driving if the person intentionally operates a motor vehicle on a public road or highway in any one of the following ways
In Iowa, the crime of reckless driving is defined by Iowa Code section 321.277 as the crime a person commits if he or she drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety
The crime of reckless driving in Illinois is more than a mere traffic offense. It is a serious criminal charge that can carry prison time under some circumstances. Illinois law defines reckless driving
The crime of domestic battery is defined by 720 ILCS 5/12-3.2 as the crime a person commits when he or she knowingly without legal justification by any means causes bodily
In Iowa, the crime of Domestic Abuse Assault is defined by Iowa Code section 708.2A as the crime a person commits when they commit an assault against a person with whom they are in a domestic relationship.
The state of Iowa’s crime of Stalking is defined in Iowa Code Section 708.11 as the crime a person commits when all of the following
Below are links to the Illinois Supreme Court’s opinions.
Below are links to the Iowa Supreme Court’s published opinions.
In Iowa, the crime of Harassment is defined by Iowa Code section 708.7, which states that a person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following
If an individual’s application for a FOID card is denied, or if their FOID card has been revoked, the aggrieved party may file an appeal with the Illinois State Police. All final administrative decisions by the Illinois State Police are subject to further judicial review
In Iowa, the courts allow for an expungement of criminal records for a limited number of circumstances. If an expungement is granted, the criminal record will be
The crimes commonly called “child abuse” or “child neglect” in Iowa are formally called “child endangerment. In Iowa, the crime of Child Endangerment is defined
In Iowa, Rule 31.14 governs the Pro Hac Vice admission of out-of-state attorneys to represent clients in an Iowa case. Pro Hac Vice admission in Iowa requires that the out-of-state attorney associate with local
In Illinois, an individual may request an expungement to clear certain charges from their criminal record. Only certain charges are eligible for expungement, and it is best to first determine if the charge is eligible before
In the state of Illinois, there is no specific charge of “shoplifting” which means that a person accused of shoplifting is often charged with Theft under
In the state of Iowa, there is not a specific charge of “shoplifting” that is filed when a person is accused of stealing from a store. Instead, charges are generally filed for the crime of Theft
In Illinois, the Department of Children and Family Services is the state agency that handles the investigation of child abuse and child neglect accusations. In situations where the DCFS worker assigned to the case believes that child abuse or neglect has occurred, a “founded” report will be produced. In some cases, such a founded report will result in a person being added to Illinois’ child abuse database, called the State Central Register, which can have significant negative
In Iowa, the Department of Human Services (DHS) is responsible for investigating child abuse and neglect allegations. Those who are found by Iowa DHS to have abused or neglected a child
A parent, custodian, or guardian of a child may desire to file a private termination of parental rights action in Iowa under Iowa Code Chapter 600A. A private termination of parental rights action is
The Illinois crime of Residential Burglary (often abbreviated as Res Burg) is defined by 720 ILCS 5/19-3 as the crime a person commits when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another
In Illinois, burglary is defined by 720 ILCS 5/19-1 as the crime a person commits when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft
In Iowa, the crime of burglary is defined by Iowa Code section 713.1 as what any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure
Robbery charges in Illinois are defined in a few different ways, which the crimes of Robbery, Aggravated Robbery, and Armed Robbery. All three types of robber in Illinois are
In Illinois, the crime of theft is defined in 720 ILCS 5/16-1 as the crime a person commits when they
In cases where a child’s safety or well-being (physical or emotional) would be endangered by regular visitation with a parent, the courts in Iowa and Illinois have the authority to order that visitation be supervised by a
All too often in divorce and custody cases, the opposing party will purposely waste a client’s time and money on frivolous court appearances. Such a situation can often be addressed in Illinois or Iowa through a Motion with the court, when such behavior rises to the level of violating various Rules of Civil Procedure.
In Illinois, a person who is not satisfied with the Circuit Court’s ruling in a divorce or custody case can appeal the ruling to
Under Illinois law, a person charged with a crime has the right to have a judge removed from their case under certain conditions. That right to substitute a judge is an important
Illinois law allows a party in civil cases to have a judge removed from their case. That removal (substitution) can be done for cause in cases where the judge is not properly impartial at any time in the case, or without there having to be any reason at all at
For pilots who have an OWI charge in Iowa or a DUI charge in Illinois, there are additional considerations and requirements that the Federal Aviation Administration (FAA) imposes. It is important to ensure
In August 2015, Illinois Governor Bruce Rauner signed a law that allows those with four or more DUI convictions to obtain a driver’s license again
When it comes to handling a child custody case, there is no time like the present. There are several reasons this is true, in both Illinois and Iowa custody cases.
Many Iowa counties require that a Settlement Conference be held in divorce and custody cases. The purpose of the Settlement Conference is to get the parties and attorneys to try and work out some of all of the issues in the case, so as
When a defendant is charged with a crime in Iowa, the State must file a Trial Information, which is the formal charging document for all indictable misdemeanors and felonies. The Trial Information must inform the defendant of the
When a parent’s visitation is interfered with, it causes harm to both the child and that parent. The law in the states of Iowa and Illinois recognize
For a parent that is not the primary caregiver for a child, holidays can especially important. That is because the holidays are a time when a combination of factors come together to create an ideal
In Iowa, the crime committed by a person who drives a car or other vehicle while impaired by alcohol or a drug is called Operating While Intoxicated (OWI). The OWI charge is governed by Iowa Code
In Iowa, the forcible felony of Robbery is defined by Iowa Code Section 711.1, as the crime a person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the
In a pending custody or divorce case in the state of Illinois, the court can grant Temporary Allowances to handle the issues of visitation, custody, child support, and attorney fees. If the case is a divorce case, the court can also address temporary spousal support (alimony), payment of household expenses, and other such matters.
In some situations, a court can grant an emergency injunction as part of a divorce or custody case. That emergency injunction can be used to prevent parental kidnapping, injury to children, or other serious
In Iowa custody and divorce cases, the court can address custody, visitation, child support, and attorney fees on a temporary basis. In divorce cases, temporary financial matters such as spousal support and payment of bills can also be addressed. The purpose of the Temporary Matters hearing is to handle such issues on a short-term basis, so that the parties
The crime of Theft in Iowa is defined by Iowa Code Section 714.1. Theft in Iowa comes in several different degrees (or levels of seriousness), based upon the value of the property that is alleged to have been
In Illinois, those charged with criminal offenses (which range from speeding tickets to misdemeanors and felonies) have a court appearance called an Arraignment. The Arraignment happens at the beginning of the case, often the first or second
In an Illinois criminal felony case, the Defendant has a right to a preliminary hearing. The preliminary hearing is a court date at which the prosecution has the burden
Under Iowa law, a person accused of a crime more serious than a Simple Misdemeanor (which would be a Serious Misdemeanor, Aggravated Misdemeanor, or a Felony), is entitled to a Preliminary Hearing under some
The word “arraignment” has a slightly different meaning in each state, but it generally refers to the process of a criminal defendant being told about the charges and formally entering a plea of guilty or not guilty. Since the plea of “not guilty” is almost always entered (at least at the beginning of a case), and the charges are not really a secret that the defendant is learning at arraignment, the court appearance for an arraignment is often more a … Continued
The Illinois law concerning sex offender registration is one of the more complex ones in the country. Illinois also imposes serious penalties for those who are convicted of failure to register. For that reason, any person who
Illinois law defines a calculated criminal cannabis conspiracy in 720 ILCS 550/9, as shown below. Essentially, this charge involves the accusation that a person has possessed cannabis, obtained at least $500 in value from possession/delivery, and that another person was also involved in the scheme.
In Illinois, it is a crime to promote prostitution. The Illinois Compiled Statutes (ILCS) defines the crime of promoting prostitution as follows in 720 ILCS 5/11-14.3:
Solicitation of a sexual act is prohibited by 720 ILCS 5/11-14.1 in Illinois. The Illinois Compiled Statutes defines Solicitation of a sexual act as the crime committed by any
In the state of Illinois, prostitution is prohibited by 720 ILCS 5/11-14. Prostitution is defined by Illinois law as a crime committed when a person who knowingly performs, offers or agrees to perform any act of
Iowa Code Section 692A.103 provides guidance as to who is required to register as a sex offender in the state of Iowa. Those who do not comply with the sex offender registration requirements can face serious criminal charges and other consequences. Information on Iowa sex offender registration is below.
Indecent exposure is a serious misdemeanor in Iowa, and is defined in Iowa Code section 709.9, which states as follows:
Iowa code section 709 addresses the crimes of Sexual Abuse in Iowa. Sexual abuse is the crime committed when a person engages in sexual acts with another person who does not or cannot consent to those sexual acts.
In the state of Iowa, gambling is generally illegal unless it is done in an authorized manner (e.g. a casino or the lottery). Iowa Code Section 725.7 addresses Gaming and Betting penalties:
Iowa Code Section 725.3 defines the crime of Pandering. Pandering is a D felony, or even a C felony when the person who engages in prostitution is a minor.
Iowa defines pimping as the crime that is committed when a person “solicits a patron for a prostitute, or who knowingly takes or shares in the earnings of a prostitute, or who knowingly furnishes a room or other place to be used for the purpose of prostitution, whether for compensation or not.” As stated in Iowa Code Section 725.2, pimping is a Class D felony.
In the State of Iowa, prostitution is prohibited by Iowa Code Section 725.1. Under that code section, a person who “offers for sale the person’s services as a partner in a sex act, or who purchases or offers to purchase such services, commits an aggravated misdemeanor.”
Henry County, Illinois jail contact information:
Muscatine, Iowa jail contact information:
Below is information for the Clinton County, Iowa jail:
Information for the Rock Island, IL Jail is shown below:
Contact information for the Scott County, IA jail, inmate listing information, and fingerprinting information, is shown below:
Divorce and custody cases can be the most important legal system event in a person’s life, as the outcome can influence custody, visitation, property, and financial aspects of the person’s life for years to come. If the outcome of the trial is not favorable, then an appeal should be considered.
A guardianship in Illinois is the legal process through which someone other than the parent of a child can legally care for the child. Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child. For example, a relative may seek a guardianship of a child when the parent(s) are incarcerated, addicted to drugs to the point of being unable to care for the child, just not willing/able to parent, or deceased.
While our eventual death is something that no one wants to think about, it is a fact of life. Proper estate planning can ensure that a person’s assets are distributed as they wish, while avoiding a situation in which those assets are squandered in the probate process after death. Estate planning can also help avoid tension within a family, as even the closest family may disagree over distribution of a loved one’s belonging (especially those of sentimental value).
The 9th Judicial Circuit of Illinois covers the counties of Fulton, Hancock, Henderson, Knox, McDonough and Warren. The associate and circuit judges are listed below.
The 6th Judicial District of Iowa covers the counties of Benton, Iowa, Johnson, Jones, Linn, Tama. The Judges and Magistrates of the 6th Judicial District are listed below:
Often a person who is accused of a crime will learn (or suspect) that there is a warrant out for their arrest. Handling that situation the right way can have immediate and longer-lasting benefits.
When a person is hit by a car, it can be physically, emotionally, and financially devastating. That is true whether the injured person is a pedestrian or is in a car themselves.
A guardianship is the legal process through which someone other than the parent of a child can legally care for the child. Guardianship are commonly used when a child’s parents are unable or unwilling to care for a child. For example, a relative may seek a guardianship of a child when the parent(s) are
When it comes to Child Support, handling the case as soon as possible is almost always the best course of action. That is true for the parent who is receiving child support, and for the parent who is paying child support.
For those facing debt that they are unable to repay, bankruptcy can provide a fresh start.
After the Iowa Department of Human Services (DHS) becomes involved with a family due to an abuse or neglect accusation, a Family Team Meeting is often scheduled rather quickly. Handling that meeting properly can have lasting effects upon the situation, going so far as to influence the outcome of DHS reports, juvenile court decisions, and criminal charges. For that reason, it is prudent to consult with an attorney prior to
There are laws at the Federal and State levels that prohibit certain people from possessing a firearm. These laws can be rather complex, and a person who is charged with unlawfully possessing a gun generally cannot avoid criminal liability by saying that they did not know they were prohibited. This article discusses the general categories of people who are barred from possessing guns, and some of the related situations that often arise.
Under Illinois law, a parent of a child can bring a custody case to have the court legally establish paternity, custody, visitation, and child support. The Illinois law that governs such cases is the Dissolution of Marriage Act, and that law applies for the sake of custody matters whether the parents were married or not. There are some differences in how cases proceed depending upon whether the parents were married, and this article discusses the scenario in which the parents … Continued
Under Iowa law, either unmarried parent of a child can seek to have the court establish their respective rights and responsibilities as parents of the child. Essentially, that involves establishing paternity, custody, physical care, visitation, child support, tax exemptions, and other similar matters.
Sometimes a person who is facing a serious criminal charge may feel afraid and compelled to do “something.” All too often, that urge to do “something” can lead a person to take action that is quite harmful to their case. An example of that that I see from time to time is when a person writes a letter to the judge as their case is pending, apologizing and asking the judge to let them out of jail. Such letters are … Continued
Since the year 2011, Puryear Law has offered employees a $50/month bonus if they choose to take the training to obtain their permit to carry, lawfully obtain that permit, and lawfully and safely carry at the firm’s office. On
Each state has its own child protective services agency. In Illinois, that agency is called the Department of Child and Family Services (DCFS). In Iowa, it goes by the name Department of Human Services (DHS). A person who finds themselves facing a DHS or DCFS investigation, no matter how baseless that investigation may be, is wise to promptly seek an attorney and avoid saying or doing anything until that attorney can review the situation and provide
When accused of a crime, most people will naturally wish to express their innocence and explain exactly how they have done nothing wrong. It is only human nature to want to defend oneself against accusations. However, doing so can be disastrous from a legal perspective, which is why it is best to remain silent and seek an attorney at once.
The Iowa Highway Patrol often uses VASCAR (Visual Average Speed Computer And Recorder) as a means of speed enforcement. Often, this will take the form of a police officer in a light airplane, who uses a stopwatch to
Earlier this year, I had the honor of representing a woman named Judy, who used her gun to defend herself, her sister, and her sister-in-law after they were violently attacked in a parking lot in Rock Island County, Illinois. Much to her surprise, Judy was charged in Case Number 2010CF1076 in Rock Island County, Illinois, after telling the police about the attack she suffered. After a variety of motion hearings, we proceeded to a jury trial on February 7, 2012. … Continued
In today’s world, it is important for attorneys to be accessible to their clients. Puryear Law has led the way on that front by
In today’s world, it is important for attorneys to be accessible to their clients. Puryear Law has led the way on that front by
Below is a listing of the judges for the Iowa District 7, which includes Scott County, Clinton County, Cedar County, Jackson County, and Muscatine County:
Below is a listing of judges for the Illinois 14th Judicial Circuit, which includes Carroll County, Joe Daviess County, Lee County, Ogle County, and Stephenson County
Below is the contact information for the Circuit Court Clerks of each Illinois county:
Below is a listing of judges for the Illinois 14th Judicial Circuit, which includes Rock Island County, Henry County, Mercer County, and Whiteside County
In 1961, the State of Illinois revamped it criminal laws, eliminating the crime of “rape.” In place of “rape,” a variety of new crimes were created, including “criminal sexual assault.” Under Illinois law (720 ILCS 5/12‑13) the crime of criminal sexual assault is committed when a person does any of the
In Illinois, the crime of battery is defined by
In the State of Illinois, it is a crime for a person to use another person’s identification to obtain goods,
In the State of Illinois, the crime of Assault is defined by law (720 ILCS 5/12 et seq.) to be conduct that “without lawful authority . . . places another in reasonable apprehension of receiving a battery
When an Iowa court grants a divorce, annulment, or separate maintenance, it may order either or both parents to pay a “reasonable and necessary” amount towards the support and maintenance of a child. The court is required to consider the responsibility of both parents to provide for the minor child’s needs and welfare. The child support payments are
In a variety of situations – such as the end of a marriage or when unmarried parents cannot agree as to the sharing of child-related expenses – the “non-custodial” parent (the parent with whom the child does not live) may be ordered by an Illinois court to pay a certain amount as child support.
Defamation is the general term for a legal claim involving injury to one’s reputation caused by a false statement of fact. The two sub-categories of defamation are Libel and Slander. Speaking in general terms, Libel is written defamation, while Slander is spoken defamation. A key part of any defamation action is falsity of the allegedly defamatory statement. Truthful statements that harm a person’s reputation will
An order of protection, also sometimes informally called a “restraining order,” is a court order that is intended to stop domestic violence, harassment, intimidation of a dependent, or interference with personal liberty. Men, women, and children can seek an order of protection in Iowa. The law surrounding orders or protection can be complex, so I always recommend that those seeking an order of protection – or those defending themselves against a wrongfully filed Protective Order –
An order of protection, also sometimes informally called a “restraining order,” is a court order that is intended to stop domestic violence, harassment, intimidation of a dependent, or interference with personal liberty. Men, women, and children can
An immigrant who is facing Deportation (also referred to more formally as “Removal”) may have one or more ways to avoid being deported. It is important for those individuals facing deportation to understand their legal options, and to have an attorney who can help them navigate this complex area of the law. A few of the ways that a non-citizen can potentially avoid deportation are
Deportation, more formally referred to as “Removal,” is when the United States government forcefully makes a non-citizen leave the country. The government may attempt to remove a non-citizen from the United States due to an alleged violation of immigration or criminal law. Removal is a serious matter, as a person who is Removed may be forever
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Illinois, there is a 90 day residency requirement, meaning that the husband or wife must have lived in Illinois for 3 months. If neither spouse has lived in Illinois for the required 90 days, then the Illinois court system cannot grant a divorce. The proper court for filing for divorce in Illinois is the circuit court for the county where either … Continued
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Iowa, there is a 1 year residency requirement, meaning that at least one of the spouses must have been an Iowa resident for a least a year. If neither spouse has lived in Iowa for a year, then the Iowa courts do not have the authority to grant a divorce. The proper court for filing a divorce petition in Iowa is
As an attorney, I have many ethical duties. These include keeping client information confidential, always acting in my client’s best interest, and being honest with my clients, just to name a few. In particular, I take the duty to be honest with my clients extremely seriously.
Illinois DUI law in general In Illinois, driving a car while under the influence (DUI) of alcohol is a serious crime. There are two types of DUI in Illinois. The first is where a person has a Blood Alcohol Content (BAC) of .08 or
In Illinois, the legal term for Marijuana is “Cannabis,” rather than “Marijuana,” “weed,” “grass,” “ganja,” etc. Possession of Cannabis is a serious crime in Illinois, and anyone charged
As an attorney, I’ve seen a recurring theme: clients who are not fully honest with their lawyer. This is a problem because a lawyer who
In court, a defendant’s physical appearance can be of great importance. The judge, jury, and prosecutor will all form impressions about the defendant’s character, based upon
Many of my clients, in both civil and criminal cases, ask me to predict or even guarantee how their case will be resolved. While
As an attorney whose caseload includes a good deal of criminal defense work, there is one recurring them that stands out: clients who spoke to the police when