Question 1

1.  When can I be charged with DUI?

Accepted Answer

You can be charged with a DUI if you are 21 or older and driving with a BAC of .08% or higher.  If you are under 21 years old and driving with any BAC level, you can be charged with a DUI because Illinois is a zero-tolerance state.  You can also be charged with DUI if you drive with a THC blood concentration of 5 nanograms or more per milliliter of blood.

Question 2

2.  Is a DUI a felony or a misdemeanor in Illinois?

Accepted Answer

It can be either.  A driver can be arrested for a DUI if his or her blood-alcohol level is .08% or above.  The first and second offenses are Class A misdemeanors.  A DUI can be a felony in Illinois is a felony when it is a third offense or greater.  This means a DUI can result in up to seven years in prison and 48 months of probation.  Fines, fees, and mandates treatment requirements are also greater when a DUI is a felony.

Question 3

3.  What are the most common drugs involved in drug possession cases?

Accepted Answer

The most common drugs involved in drug possession cases include cocaine, marijuana or weed, crack cocaine, methamphetamine or meth, heroin, opium, ecstasy, LSD, PCP, and psilocybin mushrooms.  There are also instances in which people are arrested for having high quantities of ingredients or chemicals that are used to manufacture illegal drugs.  It is also possible that a person without a prescription for or with a high quantity of a legal drug could be arrested.

Question 4

4.  What are the usual penalties for drug possession in Illinois?

Accepted Answer

Penalties for drug possession vary in Illinois based on the drug and the amount in possession.  Whether or not and what type of paraphernalia was found at the time of arrest might also play a role in the penalty.  In most cases, penalties include fines, drug counseling, and sometimes jail time.  For example, in Illinois, possession of less than 1 gram of cocaine or heroin is a Class 4 felony.  This results in a sentence of probation or a range of 1 to 3 years in jail.

Question 5

5.  How do I know if I am a victim of employment discrimination?

Accepted Answer

Though laws have been created to clarify what counts as employment discrimination, when it comes to applying those laws things can still seem muddled.  An employer treating an employee poorly is not necessarily discrimination, but it can be.  Poor treatment becomes discrimination when an employer takes action based on an employee's race, gender, ethnicity, disability, creed, national origin, familial status, or veteran status.  These are protected classes and cannot be the basis of employment decisions.

Question 6

6.  Can the police use force to arrest you?

Accepted Answer

Police are legally allowed to use force in situations in which a person is refusing arrested.  The degree of force must be reasonable, which means it can be enough to arrest you and nothing more.  How much is necessary tends to be subjective and varies from person to person and situation to situation.  To determine what is necessary, they must consider what was needed to protect both the public and themselves.

Question 7

7.  What should I do after an accident?

Accepted Answer

Your first priority after an accident is to seek emergency medical attention if it is needed.  If there are no medical emergencies, you should remain at the scene and contact law enforcement by calling 911.  You should exchange insurance information with other people involved in the accident and makes notes and take pictures of the accident scene.  Under no circumstances should you admit fault.  It is also advised to seek medical attention once the scene is secured even if you do not believe your injuries to be serious.

Question 8

8.  Do I need to call the police after an accident?

Accepted Answer

You are not necessarily required to call the police after an accident, but it is a good idea to do so.  This begins a paper trail and ensures that the scene of the accident is secured.  Having a police report from the scene of the accident provides information later for insurance companies.  It can also support any necessary legal action resulting from the accident.  If you call 911 for medical assistance at the scene police will automatically show up.

Question 9

9.  Can anything I say to the police after a car accident be used against me?

Accepted Answer

Yes.  It is best to give the officer who arrives at the scene of the accident your contact information and your insurance information and say as little as possible otherwise.  You can describe the facts of the accident, but avoid saying anything that could make you look responsible.  And if your actions did play a role in causing the accident you should never admit fault to the police.

Question 10

10.  Can a nursing home be responsible for my loved one's injuries?

Accepted Answer

Yes, absolutely.  There are many instances in which neglect or intentionally abusive treatment has occurred in a nursing home facility and it has resulted in the injury and even death of residents.  When this occurs, loved ones have the right to take legal action on behalf of someone who was injured or killed in a nursing home.  If you believe there to be a problem with a loved one’s living conditions in a nursing home, alert those in charge immediately.  You should also take notes and photographers and speak to an attorney if the problem is not resolved to your satisfaction.

Question 11

1. Can I file for bankruptcy even though I cannot leave my house because of COVID-19?

Accepted Answer

Yes.  Illinois has extended the statewide stay-at-home order through May.  However, deadlines for bankruptcy court mostly remain changed.  You can file your bankruptcy case and sign your documents electronically, so you do not have to leave your house as long as you can complete these tasks from home.  Additionally, if you need to leave your home because of a court case, this is generally considered essential travel.

Question 12

2. What should I be expecting if I need to visit the court during COVID-19 pandemic?

Accepted Answer

The United States Bankruptcy Court for the Northern District of Illinois is currently open.  However, all hearings, calls, and motions are currently set to occur telephonically, per an amended emergency order.  Many cases are being delayed until the public emergency subsides.  If you do have to attend a court hearing, it will probably be through telephone and your lawyer can represent you.  The judge can order you to appear in person if he or she feels it is necessary.

Question 13

3. How may coronavirus impact my bankruptcy filing?

Accepted Answer

Coronavirus should not have much impact on your bankruptcy filing.  The bankruptcy court is still open and accepting new filings.  However, to ensure your safety and that of our staff, we are preparing filings electronically and will send you documents that you can sign by hand or electronically for easier processing.

Question 14

4. The massive $2.2 trillion coronavirus relief law includes some legal relief for Chapter 7 and Chapter 13 consumer debtors.  What does this include?

Accepted Answer

Eligible debtors who do not exceed income limits may receive a one-time economic stimulus payment of $1,200 if they are single or $2,400 if they are married, plus $500 for each of their children under the age of 16.  This payment is not to be included in their assets or income when calculating their income when filing for bankruptcy.  There is also a 60-day moratorium on foreclosures from mortgages backed by the FHA.  All federal student loans have also been placed in an automatic administrative forbearance with a 0% rate for six months.

Question 15

5. How will the CARES Act affect bankruptcy cases?

Accepted Answer

The CARES Act excludes coronavirus-related payments from the federal government as part of the calculation to determine a debtor’s income for eligibility under Chapter 7 or Chapter 13 bankruptcy or for the debtor’s disposable income for a Chapter 13 reorganization plan.  Chapter 13 debtors who already confirmed their plan can modify the plan due to a material financial hardship that the pandemic caused.  This may include making your first payment seven years after the original plan’s initial payment date. These changes apply to new and pending cases and will apply until March 26, 2021.

Question 16

6. How is bankruptcy affected during the time of coronavirus?

Accepted Answer

Coronavirus has had a major economic impact on individuals and businesses, so you can expect that there will be more bankruptcy cases, which can slow down your case.  Your case may be postponed.  Any motions or hearings will likely take place over the phone.  The automatic stay will remain in effect while your bankruptcy case is pending.  Additionally, more small businesses will be eligible to file bankruptcy.

Question 17

7. Stimulus checks – what do they mean for my bankruptcy case?

Accepted Answer

If you have already spent your stimulus check, the bankruptcy trustee will probably not try to go after it.  If you used it for necessities like paying your rent or mortgage, try to keep records to show this in case this issue comes up.  Once you file for bankruptcy, all of your assets are considered part of the bankruptcy estate unless they are exempt.  I can analyze your particular situation to determine if an exception for your stimulus check exists or if you should wait to file until after you have used your stimulus payment.

Question 18

8. What happens to lawsuits in a bankruptcy case?

Accepted Answer

If a creditor is engaging in collection activity or suing you, the bankruptcy’s automatic stay may prevent further action until your bankruptcy case is resolved.  The underlying debt may be included in your bankruptcy case.  If you have a legal action that is pending against someone else when you file bankruptcy, any proceeds you receive from the lawsuit may be considered part of your bankruptcy estate, but there are exceptions.  I can discuss this information with you during a confidential consultation.

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