FAQs

What happens if I am arrested?

After you have been arrested, there are certain timeframes and procedures that the prosecution and the Court must follow. Usually, the police will advise you of your Miranda rights (the right to remain silent, to have an attorney present during questioning, etc.) at the time of the arrest. Once you are taken into custody, no statements can be used against you unless the police have read you your Miranda rights, and you have voluntarily made statements which may be incriminating.

If you are arrested, the case is taken before a Judge who will set a bond to secure your future appearance in Court. If you cannot post the required bond, you may be incarcerated pending your initial Court appearance. Once bond is posted, you will remain free pending appearance at your next Court date.

At some point following an arrest, the defendant will be arraigned and formally advised of the offense of which the defendant has been charged, the defendant’s constitutional rights, and of the possible penalties if found guilty. The defendant will enter a plea of guilty or not guilty and the bond may be reviewed and a date for the next hearing will be scheduled.

Do the police have to wait until i have an attorney present before they question me?

After you have been arrested, there are certain timeframes and procedures that the prosecution and the Court must follow. Usually, the police will advise you of your Miranda rights (the right to remain silent, to have an attorney present during questioning, etc.) at the time of the arrest. Once you are taken into custody, no statements can be used against you unless the police have read you your Miranda rights, and you have voluntarily made statements which may be incriminating.

If you are arrested, the case is taken before a Judge who will set a bond to secure your future appearance in Court. If you cannot post the required bond, you may be incarcerated pending your initial Court appearance. Once bond is posted, you will remain free pending appearance at your next Court date.

At some point following an arrest, the defendant will be arraigned and formally advised of the offense of which the defendant has been charged, the defendant’s constitutional rights, and of the possible penalties if found guilty. The defendant will enter a plea of guilty or not guilty and the bond may be reviewed and a date for the next hearing will be scheduled.

How do I know the difference between being questioned (non-custodial interrogation) and being interrogated (custodial interrogation)?

If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial environment.

On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely considered to be legally in police custody and therefore being interrogated.

Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present. However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn’t been given because Miranda rights only attach to custodial interrogations.

I was pulled over for a traffic violation and questioned. Isn’t this an illegal interrogation?

Police questioning during a routine traffic stop is not usually considered to be an “illegal interrogation.” An illegal interrogation is when the police conduct a custodial interrogation without having first informed the suspect of his or her Miranda rights (the right to remain silent, the right to have an attorney present during the questioning, etc.).

Even though you are “detained” by the police during a routine traffic stop, and not free to go, the detention is brief and the encounter occurs in public. The Supreme Court has ruled that this kind of detention does not amount to a custodial interrogation to which Miranda rights attach.

Should I hire a traffic violation attorney?

If you are the holder of a commercial driver’s license (CDL) and are convicted of certain traffic violations while operating a commercial motor vehicle (CMV), or you hold any of these types of licenses: Chauffeur License, Minor Restricted License, Recreational, Farmer & H-Hazardous Materials, you may be subject to more regulations and stiffer penalties which may result in the suspension or revocation of your license. Even if you are not a commercial driver, the consequences of traffic violation convictions can be quite bad. Depending on the severity of the violation, you should consider retaining a traffic violations lawyer who can advise you of your legal rights and represent you in Court.

I forgot my license at home, am I in trouble?

You should carry your license with you whenever you are operating a motor vehicle. In some states, you may be able to avoid a conviction if you bring your license to Court and show that it was valid on the date you were stopped (i.e. it was not expired or suspended).

Can I refuse to take a field sobriety test if I have been pulled over on suspicion of drunk driving?

If the police pull you over on suspicion of drunk driving, the police will typically try to give you not only a field sobriety test, but also a breathalyzer test (to test for your blood-alcohol concentration). Illinois has “implied consent” laws, which mean you are deemed to have already consented to a field sobriety test through the privilege of driving on the roads or obtaining a license. Regardless, you have the right to refuse the field sobriety test. Refusals should be made politely and should reference your need to speak to an attorney.

If you find yourself in the position of being arrested for a drunk driving offense, contact us as soon as possible to determine your best options.

What is Estate Planning?

Estate planning is thr process of creating an estate plan, providing you with alternatives to Probate. It allows you to consider and create legal, effective arrangements that will meet your specific wishes if something happens to you or those you care about. On the financial side, a good estate plan coordinates what is to happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you become disabled or pass on. On the personal side, a good estate plan typically minimizes potential taxes and fees, and can include contingency plans on your wishes regarding health care matters; so, in the event that you are unable to give these directions yourself, someone you select can manage your requests for you.

What is the difference between a Will and a Trust?

A will and a trust are similar in that both let you designate exactly how you want your assets and other personal property to be distributed to your friends, family, and other loved ones after you die. A will must be filed in the probate court, but a trust is administered outside of the probate court. This can save the family thousands of dollars in legal fees and court costs.

When should I start my Estate Plan?

We say the sooner the better. The only time that you can prepare and implement an estate plan is (as one would deduce) while you are alive and have the legal capacity to enter into a contract. If you are unable to manage your own affairs before then, or suffer from some a disability that affects your legal capacity, your estate plan may be effectively challenged by those who assert that 1) you lacked capacity at the time the documents were created, or 2) that you were subjected to fraud, coercion, or undue influence during the creation and implementation of your plan.

How to find an estate planning attorney in Naperville, IL?

Your strategy for finding an estate planning attorney in Naperville, IL can take many forms. For instance, an online search will highlight those in your area, and you can use this as a springboard to begin your research. Make sure that the attorneys you are considering are experienced with a demonstrated track record, and consider scheduling consultations with a few to find the right fit. You can ask for references from past clients, or read reviews and testimonials before making your decision.

How to select an estate planning attorney in Naperville, IL?

When selecting an estate planning attorney, it is important to research the attorney’s qualifications, experience, and specialty. It is a great idea to have a list of questions ready so that you can assess whether each candidate has the specialty to handle your specific situation. During your meeting, you can also determine whether or not you feel comfortable with the attorney, as this will make a difference to your experience.

What questions to ask for a will and trust attorney in Naperville, IL?

There are many questions you can ask a wills and trust attorney in order to determine if they are a good fit. For instance, questions about their experience, specifically whether or not they have dealt with your unique situation, can help you decide if they can help you. You should ask about documents required to create a will or trust, and how they can help you to reduce taxes.

What is the difference between a “Fault” and a “No-Fault” Divorce?

A “no-fault” divorce is one where the spouse filing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at “fault”. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state.

How does the court decide who gets the children?

At the outset, it is important to understand that “custody” is usually divided into two separate categories – legal custody and physical custody. Often, both parents are granted joint legal custody; meaning that both parents have an equal say in making the day to day decisions related to their children’s health, safety, and general welfare. Physical custody simply refers to the allocation of time spent with each parent. This is usually done through the use of some type of parenting plan that is either agreed upon by the parents and submitted to the Court or if the parties can not agree on this, then the Court will listen to arguments from both parents and then make a decision.

In making any decision regarding how much time a child will spend with either parent or which parent will have primary custody, the Court will always make that determination based upon the “best interests” of the child standard. In using the “best interests” standard, a Court will look carefully at both parents in order to determine if there are any factors that make it better for the child to spend more time with one parent than the other. For example, if the mother has an 80 hour per week job and the father works part-time, that would be an important factor. In addition, any issues that either parent has related to a substance abuse problem, present or past criminal activity or any other type of unstable lifestyle will be carefully evaluated.

How do I file for divorce?

Filing for divorce is like initiating any other civil lawsuit – you must first file papers at the Courthouse. Once filed, the papers must then be delivered to your spouse (“served”). The rules associated with what needs to be included in the Complaint and how the Complaint must be “served” on your spouse are complicated and technically specific.

Why do I need a Personal Injury attorney?

When a person or family has been psychologically or physically injured due to misdeeds or carelessness of other persons or entities, vehicle accidents, falls, intentional acts, or wrongful death, for example, your attorney will render assistance to you in seeking justice and fair compensation for your loss of income, pain, and suffering, property damage, uncovered medical expenses, and otherwise.

Usually, an insurance company represents the party having caused your losses. Keep in mind that its object is to compensate you as little as possible. Anything you say to an insurance adjuster could later be used against you, and for that reason, you should make absolutely no statements without your attorney’s advice.

When should I contact an attorney?

We suggest you contact an attorney immediately upon both buyer and seller signing the contract. There are many items that can still be negotiated, except for the purchase price, even after the contract has been signed. However, there are only a few days after signing to do so.

What services do you provide?

We provide complete legal services for residential real estate transactions, including short sales, foreclosure defense and commercial leases:

• Negotiating between buyer and seller all the way through closing.
• Reviewing contracts to make sure they best represent your needs.
• Ordering surveys of your property.
• Ordering and reviewing the title.
• Preparing all documentation.
• Scheduling closing date, time, and place.
• Handling the extra documentation that goes with buying or selling a condo.
• Placing property into a land trust, a living trust, or both.

Outside of your fees, what closing expenses might I have to pay?

Other groups — such as state, county, and city government entities — will require various payments during the closing process. These may include:

• Title fees.
• State, county, and municipal transfer stamps.
• Cost of surveying (for single-family homes).
• Pest inspection.
• Association fees.

How does the Short Sale Process work?

The first step in a short sale generally is to contact your lender after you have received an offer on the property and determine what is required to submit the offer to the lender. You may also want to consult with and/or hire a realtor and a real estate attorney to guide you through the process.

Once you have been in contact with your lender, the lender will review the offer and may approve, reject, or counter the offer. It can take a few weeks or a few months to get an answer from your lender about whether you qualify and to complete the transaction.

What are the alternatives to a Short Sale of my property?

You may be able to arrange for a loan modification from your lender, where the interest rate, monthly payment, and other terms of your current loan are adjusted to lower the monthly payment and keep you in your home.

Another possible alternative to a short sale is a deed in lieu of foreclosure. With a deed in lieu of foreclosure, the borrower voluntarily transfers ownership of the property to the lender. When completed, the deed in lieu of foreclosure results in the property belonging to the lender, but you will be relieved of further obligations to the lender.

There are many alternatives to a short sale. You should discuss and weigh each option with one of our experienced attorneys.

Why do I need an attorney for a Commercial Lease?

A commercial lease is typically one of the largest financial commitments a business makes. The lease is a combination of benefits and burdens. Using an attorney to review the lease can be viewed almost as insurance to make sure there are no hidden pitfalls and that the obligations, risks, and benefits are clearly defined and accurate. Ensuring that signage, exclusivity, common area maintenance expenses, and only your fair share of real estate tax payments are all addressed.

What kind of real estate qualifies for a 1031 Exchange?

Almost every kind of real estate is considered “like-kind” and can be exchanged for any other real estate, including vacant land for apartments, a rental house for a shopping center, an office building for a leasehold interest with 30 years or more remaining, as long as you hold them for investment or business use.

Can I avoid paying taxes forever?

Yes, you can. By simply following the 1031 exchange rules every time you sell one or more properties and buy replacement properties when you die your estate escapes all the capital gains taxes forever!