by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear The crime of mob action in Illinois is defined by 720 ILCS 5/25-1 as follows.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear 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 has its pros, and its cons.
by Attorney Eric D. Puryear The federal crime of robbery, formally called Interference with commerce by threats or violence, is defined by 18 U.S.C. § 1951 as follows.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear Illinois law makes certain actions a Hate Crime, under 720 ILCS 5/12-7.1:
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.