Generated by All in One SEO Pro v5.0.1.1, this is an llms-full.txt file, used by LLMs to index the site. # O'Dekirk, Rhodes & Associates, LLC Aggressive Representation - Positive Outcomes ## Posts ### [Commercial Drivers License Attorney](https://www.odekirklaw.com/commercial-drivers-license-attorney/) **Published:** April 3, 2016 **Author:** O'Dekirk Law **Content:** When you lose your commercial driver’s license, it means you lose the ability to go to work and make a living for your family. If you’ve had your driver’s license revoked, it changes your whole life. You need to get your license back. A [commercial drivers license attorney](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) can help you. What you need to know is that once the state of Illinois revokes your driver’s license, there is no automatic reinstatement of your driving privileges. At O’Dekirk, Allred & Associates, their [commercial drivers license attorney](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) has years of experience in this area and can help you obtain a restricted driver’s permit and eventually get your driver’s license back. You need to take action now. We can help. We know what to do.O’Dekirk, Allred & Associates have weekend and evening office hours for your convenience and offer a free initial consultation so they can learn the details of your case. The law firm can schedule an administrative hearing with the Secretary of State, prepare you for the questions you’ll be asked, assist you in presenting yourself to the hearing officer, and desperately work toward convincing the Secretary of State to give you back your driving privileges. Their [commercial drivers license attorney](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) understands how essential your driving rights are to you and your job. Their legal team will do their best to help you succeed in your driver’s [license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/) hearing. They are there for you, by your side. Your O’Dekirk, Allred & Associates’ [commercial drivers license attorney](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) can assist you through the process and help get your life back. Having a revoked driver’s license makes your life extremely difficult and can be stressful for both your family and work life. When your job depends on driving, you need an aggressive team of lawyers to help you get your driver’s license back! Call us and we can help you get back to work, driving! ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Commercial Drivers License Attorney, Commercial Drivers License Attorney, Find the best Commercial Drivers License Attorney --- ### [Joliet Misdemeanor Defense Attorney](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) **Published:** March 27, 2016 **Author:** O'Dekirk Law **Content:** ![]() You’ve never been in trouble with the law before and now you have a misdemeanor charge. If you don’t know what to do, call O’Dekirk, Allred & Associates. They will explain everything and vigorously defend you. Being charged with a misdemeanor may be a lesser criminal charge, but it can still come with harsh punishments. You should have a [Joliet misdemeanor defense attorney](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) defending you. Having either a misdemeanor or felony conviction on your record can negatively affect current and future employment opportunities, your housing options and your relationships — often for the rest of your life. When you are facing the serious consequences of a misdemeanor, you want the [ Joliet misdemeanor defense attorney ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)that gives you a whole team of attorneys behind you. Don’t worry. The O’Dekirk, Allred & Associates team will fight for you. Felony charges can carry the harshest potential punishment, often including prison or time on probation. But even [misdemeanor sentences](https://www.odekirklaw.com/?p=1657) can include up to one year in prison and a fine of ,500. Your defense will always come first. The O’Dekirk, Allred & Associates’ [Joliet misdemeanor defense attorney](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) will review your case, reviewing every detail, so they can use every possible advantage. They offer weekend and evening appointments for your convenience. You need the strongest and best [Joliet misdemeanor defense attorney](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html). The [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are here for you. Their attorneys are former prosecutors who will utilize their extensive skills and [experience to seek the best outcome in your case](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). They have successfully defended all types of misdemeanor and felony cases, including: - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked - Murder/Homicide - Reckless Homicide In addition, they handle juvenile criminal cases and criminal record expungement. O’Dekirk, Allred & Associates’ [Joliet misdemeanor defense attorney](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) will advise you to not talk to anyone before you talk to them. They can help you develop the best legal strategy for your case. They are on your side. They can help you fight your misdemeanor charge and explain the process to you. You shouldn’t have to do this on your own. It’s important to have [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) in your corner. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Joliet Misdemeanor Defense Attorney, Find Joliet Misdemeanor Defense Attorney, Joliet Misdemeanor Defense Attorney, Search for Joliet Misdemeanor Defense Attorney --- ### [Charged With Drunk Driving](https://www.odekirklaw.com/charged-with-drunk-driving/) **Published:** April 7, 2016 **Author:** O'Dekirk Law **Content:** ![]() If you are [charged with drunk driving](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) it will have a huge impact on your life in many ways. Besides the difficulty of the criminal charge, it’s hard to get places when you don’t have a drivers license and you have to depend on public transportation or friends to drive you. So if you are charged with drunk driving you will need an experienced and knowledgeable attorney on your side. The [O’Dekirk, Allred & Associates ](https://www.odekirklaw.com/index.html)attorneys have represented clients in the the most difficult of cases, including [DUI’s.](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) A [DUI conviction ](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html)can lead to the permanent revocation of your driver’s license, and in some situations, jail time. If you are charged with drunk driving it is a very serious charge. That’s why you need a good attorney as soon as possible. The O’Dekirk, Allred & Associates is incredibly familiar with these procedures and policies. [DUI charges](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) can be very complicated and legally challenging, as there are many details and procedures that a police officer must handle correctly. Contact them today for your free consultation to find out more about the complete representation they can provide for you. Weekend and evening appointments are available to fit your schedule. While working as prosecutors, several members of the firm instructed law enforcement on [field sobriety testing,](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) breath instrument operation, and report writing. So they know what needs to be done properly and can spot mistakes. They have everything it takes to give your case a complete investigation and make sure that your rights are protected. They will fight hard for you, so that one night does not affect the rest of your life. You should not have to [fight this DUI charge](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) alone. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Charged With Drunk Driving, Drunk Driving Charged, What to do if charged with drunk driving --- ### [Defense Attorney](https://www.odekirklaw.com/defense-attorney/) **Published:** April 16, 2016 **Author:** O'Dekirk Law **Content:** ![]() If you’ve been charged with a crime, the [defense attorney ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)with [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html), provides the personal attention and advocacy you need for all criminal matters, whether it is a [felony or a misdemeanor. ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) The law firm’s defense attorney also defends you against [drug offenses](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html), DUI, [juvenile criminal cases](https://www.odekirklaw.com/juvenile-criminal-laywer-joliet-il.html), traffic and CDL problems. They can also assist you with [criminal record expungements.](https://www.odekirklaw.com/criminal-record-expungement-joliet-il.html) When it comes to one of the most important days in your life — when your case is decided — rely on a well-respected [defense attorney](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) with the experience to provide you with the best outcome for success possible. The O’Dekirk, Allred & Associates’ [defense attorney](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) offers intelligent and aggressive representation of clients which has earned the firm a reputation for positive results. They handle all types of [felonies, misdemeanors,](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) as well as divorce, custody, child support, driver’s license reinstatement, personal injury cases, and residential real estate cases. To meet their team of attorneys and start preparing for your case, you can visit them at their Joliet or Yorkville offices. They’re here to make your difficult and stressful situation as hassle-free as possible. Clients all across the surrounding counties can attest to the top-notch service they provide. If you need a a good attorney, contact O’Dekirk, Allred & Associates today for your free consultation and to learn more about the thorough legal representation they can provide for you. Weekend and evening appointments are available for your convenience. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Defense Attorney, Defense Attorney, Find Defense Attorney, Need Defense Attorney --- ### [DUI Lawyer](https://www.odekirklaw.com/dui-lawyer/) **Published:** April 24, 2016 **Author:** O'Dekirk Law **Content:** ![]() A DUI can make your life miserable. A [DUI conviction](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) can lead to the permanent [revocation of your driver’s license](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html), and in some situations, jail time. You need an experienced and knowledgeable [DUI lawyer](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) on your side. The O’Dekirk, Allred & Associates attorneys have represented clients in the the most difficult of cases, including DUI’s. Contact them today for your free consultation to learn more about the thorough representation they can provide for you. Weekend and evening appointments are available to fit your schedule. The O’Dekirk, Allred & Associates [DUI lawyer](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) is incredibly familiar with these procedures and policies. [DUI charges](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) can be very complicated and intricate, as there are many details and procedures that a police officer must handle correctly. While working as prosecutors, several members of the firm instructed law enforcement on [field sobriety testing](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html), breath instrument operation, and report writing. So they know what needs to be done properly and can spot mistakes. They have everything it takes to give your case a thorough investigation and make sure that your rights are protected. A DUI is a very serious charge. That’s why you need a good [ DUI lawyer](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) as soon as possible. O’Dekirk, Allred & Associates will fight hard for you, so that one night does not affect the rest of your life. Let them help you fight this DUI charge. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer, DUI Lawyer, Lawyer DUI, Looking for DUI Lawyer, Need DUI Lawyer --- ### [Understanding DCFS Investigations and Your Rights: What Every Parent Needs to Know](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) **Published:** June 21, 2026 **Author:** O'Dekirk Law **Content:** Few things are more unsettling than a knock at the door from a DCFS investigator. Whether you’re facing allegations of neglect or abuse, or simply want to understand how the system works, knowing your rights can make all the difference in protecting your family. At O’Dekirk, Allred & Associates, LLC, we’ve guided countless families through DCFS investigations, and we know firsthand how overwhelming the process can feel. The good news? You’re not powerless. Understanding DCFS investigations and your rights gives you the foundation to respond appropriately and safeguard what matters most: your children and your family’s future. ## What Is DCFS and When Do They Investigate? The Department of Children and Family Services (DCFS) is a state agency responsible for protecting children from abuse and neglect. In Illinois, DCFS serves as the primary child welfare agency, tasked with investigating reports, providing family services, and, when necessary, removing children from dangerous situations. DCFS typically launches an investigation when someone files a report alleging child abuse or neglect. These reports can come from anyone: teachers, doctors, neighbors, family members, or even anonymous tipsters. Mandated reporters, like educators and healthcare professionals, are legally required to report suspected abuse. Investigations may be triggered by allegations of: - Physical abuse or excessive discipline - Neglect (inadequate food, shelter, supervision, or medical care) - Sexual abuse - Emotional abuse - Substance abuse in the home - Domestic violence affecting children It’s important to understand that a DCFS investigation doesn’t automatically mean wrongdoing occurred. Many cases are eventually deemed unfounded. But, how you handle the investigation from day one can significantly impact the outcome. ## How a DCFS Investigation Begins DCFS investigations typically begin within 24 hours of receiving a report, sometimes sooner if the allegations suggest immediate danger to a child. An investigator (also called a child protective services worker) will attempt to make contact with your family, often showing up unannounced at your home. The investigator’s initial goal is to assess the child’s safety and gather information about the allegations. They’ll want to interview the children, parents, and potentially other household members. They may also request access to your home to evaluate living conditions. Here’s what usually happens next: 1. **Initial contact** – The investigator introduces themselves and explains the nature of the complaint (though they may not reveal who made the report). 2. **Interviews** – Children are often interviewed separately, sometimes at school without parental notification. 3. **Home inspection** – Investigators may ask to see bedrooms, kitchens, and other living areas. 4. **Record requests** – DCFS might seek medical records, school records, or other documentation. This is where things get tricky. You have rights, but the investigator won’t necessarily explain them to you. That’s why we always recommend contacting an [experienced DCFS attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) before speaking with investigators. ## What to Expect During the Investigation Process A DCFS investigation can last anywhere from 30 to 60 days, though complex cases may take longer. During this period, investigators will gather evidence, interview witnesses, and compile a report with their findings. You can expect multiple contacts with the investigator. They may want to conduct follow-up interviews, request additional documentation, or schedule visits to observe parent-child interactions. Cooperation is generally advisable, but that doesn’t mean you should waive your rights or speak without legal guidance. At the conclusion of the investigation, DCFS will make a determination. Cases are typically classified as: - **Unfounded** – Insufficient evidence to support the allegations - **Indicated** – Credible evidence suggests abuse or neglect occurred An “indicated” finding can have serious consequences. Your name may be placed on the State Central Register, a database that could affect employment opportunities, custody arrangements, and future dealings with DCFS. In severe cases, the agency may seek to remove children from the home or pursue termination of parental rights. Throughout the process, staying calm and organized is essential. Document everything, keep copies of any paperwork you receive, and maintain detailed notes about your interactions with investigators. ## Your Legal Rights During a DCFS Investigation Here’s something many parents don’t realize: you have constitutional rights during a DCFS investigation. Knowing these rights, and exercising them appropriately, can protect your family. **Right to Remain Silent** You’re not obligated to [answer every question](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) an investigator asks. While refusing to cooperate entirely may raise red flags, you can decline to discuss certain topics until you’ve consulted with an attorney. **Right to an Attorney** You have the right to [legal representation](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) throughout the investigation. An experienced DCFS lawyer can advise you on what to say (and what not to say), attend interviews with you, and advocate on your behalf. **Right to Refuse Entry** Unless investigators have a court order or warrant, you’re generally not required to let them into your home. But, refusing entry may lead them to seek one, so this decision should be made carefully and ideally with legal counsel. **Right to Know the Allegations** You’re entitled to know the general nature of the allegations against you, though DCFS may not disclose the identity of the person who made the report. **Right to Appeal** If your case is indicated, you have the right to appeal that decision. Time limits apply, so acting quickly is critical. At O’Dekirk, Allred & Associates, LLC, we’re well-versed in protecting families’ rights during DCFS investigations. Our [attorneys understand the unique complexities of these cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) and can help you navigate every step. ## Common Mistakes to Avoid When Dealing With DCFS We’ve seen well-meaning parents inadvertently harm their cases by making [avoidable mistakes](https://www.odekirklaw.com/top-mistakes-to-avoid-after-being-arrested/). Here are some of the most common pitfalls: **Talking Too Much** Nervousness often leads people to over-explain or volunteer information that wasn’t requested. Everything you say can be documented and potentially used against you. Keep your answers truthful but concise. **Getting Confrontational** It’s natural to feel defensive when someone accuses you of harming your child. But hostility toward [investigators rarely helps your case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/). Stay calm, polite, and cooperative, while still asserting your rights. **Ignoring the Investigation** Some parents assume that if they ignore DCFS, the agency will go away. That’s not how it works. Failing to respond can lead investigators to make assumptions or escalate the case. **Not Seeking Legal Help** A DCFS [case is fundamentally different from a typical criminal](https://www.odekirklaw.com/?p=1719) charge. The rules, procedures, and potential consequences require specialized knowledge. Trying to handle it alone, especially in serious cases, is risky. **Posting on Social Media** Anything you post online can potentially be used as evidence. Avoid discussing your case on Facebook, Instagram, or other platforms. **Coaching Your Children** Never tell your children what to say to investigators. This can backfire badly and raise serious concerns about your credibility. ## How to Protect Your Family and Respond Appropriately If DCFS contacts you, time is of the essence. Acting quickly and strategically can make a significant difference in the outcome of your case. **Contact an Attorney Immediately** Before you speak with investigators or make any decisions, consult with a [lawyer experienced in DCFS defense](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/). At O’Dekirk, Allred & Associates, LLC, our attorneys have [handled numerous DCFS cases](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) and understand how to protect your interests from the very first contact. **Document Everything** Keep a detailed log of all interactions with DCFS, including dates, times, names of investigators, and what was discussed. Save any written communications you receive. **Gather Supporting Evidence** Collect documentation that supports your case: medical records, school records, character references, photos of your home, anything that demonstrates you’re providing a safe, nurturing environment for your children. **Follow Through on Recommendations** If DCFS recommends services like parenting classes or counseling, completing them demonstrates good faith and a commitment to your family’s well-being. **Stay Involved** Attend all scheduled meetings, hearings, and appointments. Showing up matters. We understand that family is the most important thing. Our team at O’Dekirk, Allred & Associates, LLC is committed to standing by your side, representing you against these accusations, and helping you preserve your rights throughout the process. ## Conclusion Facing a DCFS investigation is stressful, but understanding your rights and responding appropriately can help protect your family. Don’t try to navigate this complex process alone. If DCFS has contacted you or a family member, reach out to O’Dekirk, Allred & Associates, LLC immediately. Our experienced DCFS [defense attorneys](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) in Joliet, Illinois are ready to guide you through every step and fight for the best possible outcome. Contact us today for your free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet DCFS Defense Attorney --- ### [5 Things You Should Do When Facing a First Offense DUI](https://www.odekirklaw.com/5-things-you-should-do-when-facing-a-first-offense-dui/) **Published:** April 9, 2018 **Author:** O'Dekirk Law **Content:** ![5 Things You Should Do When Facing a First Offense DUI ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/dui-300x200.jpeg "first offense DUI - O'Dekirk, Rhodes & Associates, LLC")Imagine this scene: you’re having happy hour cocktails with friends from work, and the night is winding down. You’re a little buzzed, but don’t feel drunk. You know you should probably not drive, but home isn’t far, so you decide to go for it. You only get a few miles down the road when you see the police lights in your rearview mirror. The next thing you know, you’re being booked at the local police station for a [first offense DUI](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html). It only takes a few critical decisions to join the ranks of [1.5 million people](https://www.statisticbrain.com/number-of-dui-arrests-per-state/) who are arrested for drunk driving every year. When getting a DUI, it’s important to know what steps to take to ensure your rights are protected. Here are 5 steps you should take right away. ## 1. Stay Level Headed If you get pulled over, it is crucial to keep your calm. While you probably won’t be able to talk your way out of a first offense DUI, being rude to the officer certainly won’t help your case. Make sure to cooperate with the officer’s requests and directions. Legally, you have the right to refuse a breathalyzer test and the field sobriety test. Keep in mind, however, that the officer may still decide to arrest you for a DUI charge. Refusal of these tests may eliminate certain evidence against you. ## 2. Contact an Attorney After you have been charged with a first offense DUI, you will probably have to make court appearances. This is where you will face sentencing, and could be charged with fines, probation, or even prison time. You will have the option to represent yourself in court, but this is not necessarily a good idea. An [attorney will better understand your unique circumstances](https://www.odekirklaw.com/circumstances-that-may-require-you-to-hire-a-real-estate-attorney/) and can navigate the legal process. Also, you should make sure to contact an attorney who has experience with DUI cases. Just because your buddy went to law school does not mean that they know how to help you with a DUI. With the consequences that are at stake, it is crucial to be represented by someone who knows how to get the best outcome for you. Depending on the incident that led to the DUI, the case could go on for a long time. For instance, if there was a collision that involved another vehicle or property, you could be sued for personal injury or property damage. If this happens, the case could drag on for several years. ## 3. Get Your Story Straight If you are facing a case that could take several years to resolve, you should make sure to get your story straight as soon as possible. You will likely be asked to give statements and multiple depositions. If details change from one deposition to another, it can make your testimony look weak. ### Write Things Down Do you remember what you were doing three weeks ago tonight? Probably not off the top of your head. You would likely need to consult your calendar or people who were with you. For this reason, you should never rely on your memory to help you keep your facts straight when it comes to legal issues. You may forget minor details that seem minor to you, but that opposing counsel can latch onto. Write things down like where you were, who you were with, what you did, etc. This will help you ensure that you are telling the truth with consistency. ### Talk to Witnesses If there were witnesses the evening you were out or in the vehicle at the time of the DUI, make sure to speak with them as well. Their testimonies will also be important. In the best case scenario, what they remember can help you. But even in the worst-case scenario, it’s better to hear a testimony that will hurt your case before the fact. ### Don’t Overshare Whenever you are dealing with legal issues, it is important to be circumspect about who you share details with. For example, your coworkers do not need to know everything about your case. You should also avoid discussing details in public places. Additionally, be mindful of what you share on [social media](https://computer.howstuffworks.com/internet/social-networking/information/10-things-you-should-not-share-on-social-networks.htm). Even something that seems harmless, like sharing photos of nights out with your friends, could hurt your case. For instance, if your pictures frequently have alcohol in it, opposing counsel could use that as evidence against you, perhaps imply that you’re an alcoholic. ## 4. Understand the Consequences As you get started with your case, it is important to know what kinds of consequences are at stake. Depending on the severity of the charge, you may face hefty fines or prison time. In most cases, your license will be suspended for some length of time. You may also need to take an alcohol education or driver education course. If you are mandated to do these things, you should always follow through. The more compliant you are, the more smoothly the process will go. ## 5. Talk to Your Insurance Company Often, after a DUI, you will see your insurance rates go up. This is because insurance rates are based on how the insurance company evaluates the risk of having you as a client. If you are charged with a DUI, that will make you seem at higher risk of causing an accident. Reach out to your insurance company to see what kind of rate increase you can expect. Also, find out if there is anything you can do to bring your rates back down. Sometimes a driver education course may help to lower your rates again. ## Know What You Should Do After First Offense DUI Even a first offense DUI can have serious consequences. But, if you know how to navigate the next steps, you can make sure that you get your life back on track. Need help with your DUI offense? [Contact us](https://www.odekirklaw.com/contact-odekirk-allred-associates.html) today to speak with one of our expert attorneys about your case for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer --- ### [Charged With Misdemeanor](https://www.odekirklaw.com/charged-with-misdemeanor/) **Published:** April 10, 2016 **Author:** O'Dekirk Law **Content:** ![]() Are you [charged with a misdemeanor](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)? Being charged with a misdemeanor may be a lesser criminal charge, but it can still create problems for you and can come with harsh punishments. You should have an attorney defending you. Are you charged with a misdemeanor? Being charged with a misdemeanor may be a lesser criminal charge, but it can still create problems for you [Felony charges ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)can carry the harshest potential punishment, often including prison or time on probation. But even [misdemeanor sentences ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)can include up to one year in prison and a fine of $2,500. Having either a [misdemeanor or felony conviction](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) on your record can negatively affect current and future employment opportunities, your housing options and your relationships — often for the rest of your life. You need the strongest and best attorney if you are [charged with a misdemeanor](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html). The [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are here for you. Their attorneys are former prosecutors who will utilize their extensive skills and [experience to seek the best outcome in your case](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). They can help you develop the best strategy for your case if you are [charged with a misdemeanor.](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) O’Dekirk, Allred & Associates’ will advise you to not talk to anyone before you talk to them. The O’Dekirk, Allred & Associates’ will review your case, reviewing every detail, so they can use every possible advantage. Your [defense](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) will always come first. They offer weekend and evening appointments for your convenience. They have successfully defended all types of misdemeanor and felony cases, including: - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked - Murder/Homicide - Reckless Homicide In addition, they handle [juvenile criminal cases ](https://www.odekirklaw.com/juvenile-criminal-laywer-joliet-il.html)and [criminal record expungement. ](https://www.odekirklaw.com/criminal-record-expungement-joliet-il.html) They can help you fight your misdemeanor charges. You shouldn’t have to do this on your own. It’s important to have O’Dekirk, Allred & Associates in your corner. When you are charged with a misdemeanor, you want the Joliet defense attorney that gives you a whole team of attorneys behind you. Don’t worry. The O’Dekirk, Allred & Associates team will fight for you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Charged with Misdemeanor, Find an attorney if charged with misdemeanor, Get help if charged with misdemeanor --- ### [How an Attorney Can Help Protect Your Parental Rights: A Complete Guide for Illinois Parents](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) **Published:** June 14, 2026 **Author:** O'Dekirk Law **Content:** Few things hit harder than the thought of losing time with your children. Whether you’re navigating a contentious divorce, facing a DCFS investigation, or dealing with custody modifications, your parental rights are one of the most important things you’ll ever fight to protect. The legal system surrounding parental rights can feel overwhelming, and honestly, it should. The stakes are too high for guesswork. That’s why understanding how an attorney can help protect your parental rights isn’t just useful information: it’s essential knowledge for any parent facing these challenges. We’ve seen firsthand how the right legal guidance can make all the difference between a favorable outcome and years of regret. ## Understanding Your Parental Rights Under the Law Parental rights are the legal rights and [responsibilities that come with being a parent](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/). In Illinois, these include the right to make decisions about your child’s education, healthcare, religious upbringing, and extracurricular activities. You also have the fundamental right to spend time with your children, what the courts call “parenting time.” Under Illinois law, the Allocation of Parental Responsibilities determines how these decision-making powers are divided between parents. This isn’t the same as the old “custody” terminology, though many people still use that word. The law recognizes that children generally benefit from having both [parents actively involved](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) in their lives. Here’s what many parents don’t realize: your parental rights are constitutionally protected. Courts don’t take termination of these rights lightly. But, protection doesn’t mean immunity. Various circumstances can threaten your rights, and the burden often falls on you to demonstrate why they should remain intact. Understanding these foundational concepts matters because you can’t protect what you don’t understand. When you know your rights, you’re better positioned to recognize when they’re being threatened, and to take action before it’s too late. ## Common Threats to Parental Rights and When to Seek Legal Help Several situations can put your parental rights at risk. Recognizing these early gives you the best chance of mounting an effective defense. **Divorce and Separation:** During divorce proceedings, disputes over [parenting time and decision-making responsibilities](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) are common. Your ex-spouse may seek to limit your involvement in your children’s lives, sometimes making allegations that paint you in an unfavorable light. **DCFS Investigations:** If the Department of Children and Family Services contacts you, time is critical. DCFS investigates reports of child neglect or abuse, reports that can come from family members, teachers, neighbors, or anyone involved in your child’s life. A supported finding can negatively impact your family for years. **Paternity Disputes:** Fathers who aren’t married to their child’s mother face unique challenges. Without establishing paternity legally, your rights as a parent may be limited or nonexistent. **Relocation Cases:** When one parent wants to move a significant distance with the children, this can dramatically affect the other parent’s parenting time. **Allegations of Abuse or Neglect:** Whether true or fabricated, these allegations require immediate legal attention. So when should you call an attorney? The moment you sense trouble. Waiting until papers are served or an investigation is underway puts you at a disadvantage. Early intervention allows your legal team to help shape the narrative rather than just react to it. ## How a Family Law Attorney Advocates for Your Rights A family [law attorney](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) does far more than fill out paperwork and show up in court. We serve as your advocate, strategist, and guide through one of the most emotionally charged experiences of your life. First, we assess your situation comprehensively. Every case is different, and cookie-cutter approaches don’t work when your children are involved. We look at the specific facts, identify potential weaknesses, and develop a strategy tailored to your circumstances. In negotiations, having an [experienced attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) changes the dynamic. The other side knows that if a fair agreement isn’t reached, we’re prepared to litigate aggressively. At O’Dekirk, Allred & Rhodes, our goal is always to work toward an amicable resolution, but we will strongly advocate for you in the courtroom should the need arise. Our extensive trial experience gives us the power to pursue the best possible outcome. We also handle communication with opposing counsel, which can prevent heated exchanges from escalating. When emotions run high, having a professional intermediary protects you from saying something that could be used against you later. For DCFS cases specifically, our lawyers understand that these proceedings are unique and complex, different from typical criminal matters. We stand by your side throughout the investigation, help you understand your rights, and work to preserve your relationship with your children. ## Building a Strong Case: Evidence and Documentation Strategies Winning parental rights cases often comes down to evidence. Courts make decisions based on what can be proven, not just what’s claimed. Building a strong evidentiary foundation is something we take seriously. **Document Everything:** Keep detailed records of your involvement in your children’s lives. School pick-ups, doctor’s appointments, extracurricular activities, assignments help, all of it matters. Texts and emails with your co-parent should be preserved, especially those showing your active participation or the other party’s problematic behavior. **Gather Supporting Evidence:** This might include: - School records showing your involvement - Medical records demonstrating you attend appointments - Photographs from activities and events - Witness statements from teachers, coaches, or family members - Financial records proving you support your children **Avoid Common Mistakes:** Don’t badmouth your co-parent on social media. Don’t violate existing court orders, even if you disagree with them. Don’t coach your children or put them in the middle. These missteps can seriously damage your case. **Work With Experts When Necessary:** Sometimes cases benefit from testimony by psychologists, social workers, or other professionals. We help identify when expert opinions could strengthen your position. Our thorough approach means we examine every angle. We work with you through every step of the process to keep you informed and protected while expediting your case to avoid unnecessary expenses. ## What to Expect During Custody and Parental Rights Proceedings Understanding the process helps reduce anxiety and allows you to prepare effectively. **Initial Filing and Response:** Proceedings typically begin when one party files a petition. The other party then has an opportunity to respond. This initial phase sets the tone for what follows. **Temporary Orders:** Courts often issue temporary orders that govern [parenting time and responsibilities](https://www.odekirklaw.com/basics-parental-responsibility-illinois-family-law/) while the case is pending. These are important because they can influence the final outcome, judges sometimes prefer maintaining the status quo. **Discovery:** Both sides exchange information and documents. This is where thorough documentation pays off. **Mediation:** Illinois courts often require mediation before trial. Many cases settle during this phase, which can save time, money, and emotional energy. We prepare you for mediation just as thoroughly as we’d prepare for trial. **Trial:** If mediation fails, your case goes before a judge. The court considers factors including each parent’s relationship with the children, their ability to cooperate, the children’s adjustment to their current situation, and any history of abuse or neglect. Throughout this process, clear communication matters. We pride ourselves on keeping clients informed at every step, so you’re never left wondering what’s happening with your case. ## Choosing the Right Attorney for Your Parental Rights Case Not all family [law attorneys](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) are created equal. Here’s what to look for when your parental rights are on the line. **Experience With Similar Cases:** Ask about their track record with cases like yours. An [attorney who primarily handles simple divorces](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) may not be the right fit for a complex custody dispute or DCFS defense. **Trial Experience:** Many attorneys settle most [cases and rarely see the inside](https://www.odekirklaw.com/?p=1719) of a courtroom. While settlement is often ideal, you want someone who can credibly threaten litigation if necessary. At O’Dekirk, Allred & Rhodes, our winning trial experience is one of our greatest assets. **Local Knowledge:** Family law varies by jurisdiction, and knowing the [local judges and court procedures provides an advantage](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/). Our in-depth knowledge of the court system in the Southland area gives our clients an edge. **Communication Style:** You’ll be working [closely with your attorney](https://www.odekirklaw.com/qualified-real-estate-attorneys-can-make-your-closing-a-breeze/) during a stressful time. Choose someone who communicates clearly and makes you feel heard. **Resources:** Complex cases sometimes require a team approach. Our firm has an entire team of attorneys and legal experts who work collaboratively on behalf of our clients. When it comes to one of the most important days in your life, when your case is decided, rely on a team with the experience to provide you with the best outcome available. ## Conclusion Protecting your parental rights requires understanding the law, recognizing threats early, and working with experienced legal counsel who will fight for your family. The decisions made in these cases affect not just you, but your children’s futures for years to come. If you’re facing a parental rights challenge in Illinois, don’t wait until the situation becomes more complicated. Contact O’Dekirk, Allred & Rhodes today for your free consultation. We understand that family is the most important thing in your life, and we’ll go to great lengths to protect it. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Attorney Joliet --- ### [Hire a DUI attorney](https://www.odekirklaw.com/hire-a-dui-attorney/) **Published:** April 8, 2021 **Author:** O'Dekirk Law **Content:** A [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) [conviction ](https://www.odekirklaw.com/criminal-defense/dui-defense/)can lead to the permanent revocation of your driver’s license, and in some situations, jail time. You need an experienced and knowledgeable DUI lawyer on your side. The O’Dekirk, Allred & Associates [attorneys](https://www.odekirklaw.com/criminal-defense/dui-defense/) have represented clients in the the most difficult of cases, including DUI’s. The O’Dekirk, Allred & Associates DUI lawyer is incredibly familiar with these procedures and policies. DUI charges can be very complicated and intricate, as there are many details and procedures that a police officer must handle correctly. While working as prosecutors, several members of the firm instructed law enforcement on field sobriety testing, breath instrument operation, and report writing. So they know what needs to be done properly and can spot mistakes. They have everything it takes to give your case a thorough investigation and make sure that your rights are protected. A DUI is a very serious charge. That’s why you need a good DUI [lawyer ](https://www.odekirklaw.com/criminal-defense/dui-defense/)as soon as possible. O’Dekirk, Allred & Associates will fight hard for you, so that one night does not affect the rest of your life. Let them help you fight this DUI charge. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do You Need a Criminal Defense Lawyer in Illinois?](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) **Published:** August 16, 2017 **Author:** O'Dekirk Law **Content:** [![Do You Need a Criminal Defense Lawyer in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/man-in-handcuffs-300x200.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/man-in-handcuffs.jpg)Do you need a criminal defense lawyer in Illinois? While self-representation is an option, we at [O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/) do not recommend it. In fact, the overwhelming majority of defendants in criminal cases choose to be represented by a lawyer, particularly if there is a possibility of jail or prison. While it can be difficult to obtain good statistics, experts estimate that less than 1% of defendants choose self-representation and there are a number of important reasons why. **Legal Inexperience** While it may be tempting for a person to defend his or herself, self-representation can have severe drawbacks. Though law books contain a great deal of information, there is a lot to be gained from the actual time spent defending people in various cases and situations. Building a solid [criminal defense](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) comes from a comprehensive understanding of the written law, as well as the realities and actualities of the Illinois criminal justice system. The actual practice of [criminal law](https://www.odekirklaw.com/criminal-law-joliet/) can be quite very different than the knowledge offered in books. **Prosecutorial Discretion** When it comes to do you need a criminal defense lawyer in Illinois, a very good reason can be found by examining the power of a prosecutor. Their role determines much of what happens in a criminal case. Though from an average person’s view, there may only be one criminal act involved in a case, a prosecutor can [charge a defendant](https://www.odekirklaw.com/defending-against-domestic-violence-charges/) with a number of crimes stemming from one act. The reasons for multiple charges ranging in severity can vary based on the merits of the case. The defense for a set of charges can become far more complicated and confusing to the uninitiated. Whether you’re facing a [felony or even a misdemeanor](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), having an experienced defense lawyer, like the ones we have at O’Dekirk, Allred, and Associates in Joliet, can be an immense asset when it comes to facing harsh punishments like prison. **Novice v. Experience** Prosecutors have honed their legal abilities over time, both in and out of the courtroom. A prosecutor is not generally going to make things easy for a pro se defendant. Prosecutors will take full advantage of a novice in the courtroom because they want to win their [cases regardless of who is performing the defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). They will use procedures and courtroom technicalities to trip up pro se defendants. Prosecutors also have a great deal of experience with various [defense strategies](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) and they are well aware of how to effectively deal with any strategy a novice will use in the courtroom. Pro se defendants will generally be outmatched in courtroom experience, which can be not only detrimental but also costly in terms of outcomes. If you’re wondering do you need a criminal defense lawyer in Illinois, just think about facing an experienced and winning prosecutor in the courtroom. **The Power of Elections** Prosecutors and judges are elected officials whose records become the target of opponents in every election. The politics of these positions can play a huge role in how things play out in the courtroom. Prosecutors and judges are expected to be tough on crimes such as [drug offenses](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) and [DUI cases](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html). It is naïve to think that such pressures will not have an impact on how cases will be tried and prosecuted. A lawyer who is knowledgeable of the local political scene will be able to better navigate the system to the benefit of the defendant. Someone who is self-representing will rarely have any level of knowledge of the role of politics in the particulars of their case. **How Will an Attorney Help?** No matter how well educated or smart a person is, when deciding do you need a criminal defense lawyer in Illinois, remember that the criminal justice system is much too complicated for even the smartest among us to effectively represent ourselves. Additionally, defense lawyers: - Have time to dedicate to the case because it is their job. Pro se defendants may have jobs of their own or responsibilities that limit the amount of time they can spend on their own defense. - Negotiate with prosecutors, often achieving lesser charges and reduced sentences. Often defense lawyers have a working relationship with the prosecutor, which allows for more savvy negotiations, something a self-representative would not have, making successful negotiation less likely. - Are familiar with local procedures, customs, and preferences. For example, your defense lawyer may know that your prosecutor doesn’t have the real authority to settle your case. Your defense lawyer may also be able to make arguments that they know are likely to appeal to the judge or prosecution. - Interview witnesses for the prosecution. The defendant may have trouble getting witnesses to share information. Witnesses may be fearful or angry and uncooperative with the defendant but cooperate fully and helpfully with a [criminal defense lawyer](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html). - Understand the true cost of pleading guilty. They know consequences that may or may not occur to the defendant or the defendant’s friends and family. - Hire investigators that can be effectively used during the trial. An investigator can sometimes be used to offer contradicting information for witnesses who may embellish their courtroom stories. This can be much more effective in court than a pro se defendant saying, “the witness had a different version of events the last time we spoke.” **Personally Invested** When deciding do you need a criminal defense lawyer in Illinois, remember that as a defendant, you’re going to have a personal stake in all the courtroom proceedings. This high level of personal and emotional investment can sometimes cloud your judgment. Having an impartial and professional [criminal defense lawyer](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) can help keep the strategies and responses clear and effective, something that cannot always be achieved in pro se defenses. **After the Trial** If your [defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) fails to properly defend you, this can be used to appeal your case or have a conviction reversed. People who choose to self-represent cannot use this argument. Though they may have made mistakes in their defense, the law does not allow them to use their own poor performance as a reason to re-examine the case. Do you need a criminal defense lawyer in Illinois? Ultimately, the short answer is yes. We at [O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) can help if you or someone you know needs a defense lawyer. We have experience with [criminal trials](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) and can get you the level of defense you need and deserve. --- **Disclaimer:** Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general understanding of the law, not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction. Use all blogs and articles at your own risk. The information presented may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. By reading our blog and articles you also understand that there is no attorney-client relationship created between you and O’Dekirk, Allred and Associates, LLC. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [What is a Personal Injury Case Worth?](https://www.odekirklaw.com/340-2/) **Published:** September 15, 2017 **Author:** O'Dekirk Law **Content:** [![What is a Personal Injury Case Worth ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/car-accident-300x300.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/car-accident.jpg)At [O’Dekirk, Allred, and Associates](https://www.odekirklaw.com/) in Joliet, our clients often ask what is a personal injury case worth? In calculating what your case may be worth, there is a great deal that must be considered in damages: what have your injuries actually cost, both physically and mentally. Damages should also consider if the defendant needs to pay enough that the payment is a form of punishment, particularly in cases where such an injury or accident may occur again or is egregious in nature. In personal injury cases, the plaintiff is the injured person. Money damages are generally paid by the person or company (the defendant and/or their insurer) who is legally responsible for the accident or injury. Damages can be settled out of court by negotiating a settlement. Such negotiations can involve the parties, their attorneys, and the insurance companies, for example. If a negotiation is not reached or agreed to by all parties, the case may go to trial where a jury or a judge may award damages. **Personal Injury Cases and Compensatory Damages** When it comes to what is a [personal injury case](https://www.odekirklaw.com/personal-injury-attorney-joliet-il.html) worth, most of the damages are considered to be compensatory. This means that the award is supposed to compensate for whatever was lost during the injury or accident. Compensatory damages are intended to use money to make the injured party “whole” from a monetary standpoint. A dollar figure is intended to match the damage from the accident or injury. This can be straightforward for some compensatory damages. For example, the cost of medical bills or property damage can be fairly easy to calculate. Other damages, such as pain and suffering, can be much more difficult to quantify. For example, if a plaintiff can no longer enjoy participating in his favorite hobby as a result of injury, finding a monetary amount to compensate can be more difficult. **Types of Compensatory Damages** There are different kinds of compensatory damages that are frequently involved in personal injury cases which can make it difficult to determine what is a personal injury case worth. Here are some of the more common types of damages that are awarded these types of cases. **Medical Treatment:** [Personal injury awards](https://www.odekirklaw.com/personal-injury-attorney-joliet-il.html) almost always cover the cost of medical treatment and care associated with the injury or accident. Medical treatment covers the treatment you have already received, as well as the estimated cost of all medical care and treatment expected or needed in the future as a result of your injury or accident. **Income:** The accident or injury may have affected your ability to make money in the future and this loss can be calculated in the total compensatory damages. This is called compensation for a loss of earning capacity. Additionally, the loss of wages and salary that already occurred as a result of the accident or injury should be included. **Property Loss:** Physical property that was damaged or destroyed as a result of the accident should be included in your compensatory damages. You should be able to be included the fair market value of the property that was damaged or destroyed. **Pain and Suffering:** The physical discomfort caused by the accident or injury, as well as emotional stress that continues as a result of the accident, are all considered to be a part of pain and suffering. This component also takes likely future pain and suffering into account when determining the award and the defendant’s negligence. **Emotional Distress:** This type of punitive damage is often involved in more severe accidents or injuries. This is intended to compensate for anxiety, fear, sleep loss or other emotional impacts that have occurred as a result of the accident. Emotional distress may be a part of pain and suffering in some states. Additionally, emotional distress can also include depression, anger, loss of appetite, mood swings, lack of energy, and sexual dysfunction. **Loss of Enjoyment:** If you can no longer enjoy day-to-day activities such as exercise, hobbies, and other pursuits, you may be entitled to this type of personal injury award. **Loss of Consortium:** Often this type of personal injury award is awarded because the injury or accident has impacted the plaintiff’s relationships, often the plaintiff’s spouse. Sometimes there is a loss of companionship or the couple’s sexual relationship has been altered. Sometimes “loss of consortium” in some states considers family members separately, so these damages can be awarded to family members that are affected not necessarily the injured party. **Damages Can Be Affected by Plaintiff** Plaintiffs in [personal injury cases](https://www.odekirklaw.com/personal-injury-attorney-joliet-il.html) need to be aware that their role in the accident or possible inaction following injury can reduce the amount of damages awarded, and affect what is a personal injury case worth. **Comparative Negligence:** If you were even partially responsible for your accident or injury, it is likely that your damage award will be lower as a reflection of your role. Usually, this is because many states have a standard for “comparative negligence” that looks at a plaintiff’s degree of fault in personal injury award decisions. **Contributory Negligence:** There are a few states that use contributory negligence in personal injury lawsuits. Contributory negligence means that if you are even partially to blame for an accident, you may not be entitled to any compensation at all. **Failure to Mitigate Damages:** Many states expect that a plaintiff will take reasonable steps to minimize the harm caused by an accident. For example, if a plaintiff fails to seek medical attention and this failure causes their injury to be worse, the award for damages may be significantly less. So if you have been injured in an accident, it will be important to make sure that you are receiving appropriate medical treatment both so that you take care of your health, but also to protect your ability to receive damages. If you have been injured in an accident and are considering pursuing a personal injury case, contact us at [O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/) to discuss what is a personal injury case worth. We can help you determine whether to pursue legal action and help you determine how much of an award we can help you pursue. --- Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general understanding of the law, not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction. Use all blogs and articles at your own risk. The information presented may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. By reading our blog and articles you also understand that there is no attorney-client relationship created between you and O’Dekirk, Allred and Associates, LLC. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Spousal Maintenance Changes for 2018](https://www.odekirklaw.com/spousal-maintenance-changes-2018/) **Published:** January 16, 2018 **Author:** O'Dekirk Law **Content:** ![Spousal Maintenance Changes for 2018 ODekirk Rhodes Associates LLC'Dekirk, Allred & Associates Illinois](https://www.odekirklaw.com/wp-content/uploads/Man-Woman-Breakup-300x198.jpg "Man Woman Breakup - O'Dekirk, Rhodes & Associates, LLC")If you weren’t aware, there are spousal maintenance changes for 2018 that our legal team at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/) in Joliet want to share with you. Changes to alimony (known as maintenance in Illinois law) became effective on January 1, 2018, so it may be important to know about these changes if you are in the middle of divorce proceedings, plan to file for divorce this year, or are looking to have an existing spousal maintenance decision adjusted. **Definition of Maintenance** In Illinois, [maintenance is the court ordered financial support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) that is paid by one spouse to another as a part of their divorce settlement. Under the new guidelines the term “permanent maintenance” is now “indefinite maintenance” which is used to describe maintenance payments that do not have a specific expiration date. Unless the divorce specifies otherwise, [indefinite maintenance](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) continues until one spouse dies, the receiving spouse remarries, or the receiving spouse cohabitates on a continual conjugal basis. If there is a substantial change in circumstances, spousal maintenance may be modified. However, there are divorce settlements that have explicitly non-modifiable maintenance and such maintenance cannot be adjusted no matter the circumstances. **Raised Application Amount** Under the original 2015 law, statutory maintenance guidelines were applied when the gross combined income per year was less than $250,000. This was a guideline and the Illinois courts took other circumstances into consideration, such as the total length of the marriage, ages of the spouses, and differences in assets and income. Other factors were also considered, including physical and emotional problems. These will all continue under the 2018 changes. According to the [spousal maintenance](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) changes for 2018, the threshold for the maintenance guidelines will be raised to a combined gross income per year of $500,000 or less. This means that more couples will be subject to the statutory guidelines. For those couples whose combined income exceeds this amount, they are not necessarily subject to the guidelines, though they could still be used. Additionally, the courts can still deviate from the guidelines for those couples who should be subject, but the court will need to provide a solid rationale for doing so. If you need the spousal maintenance changes for 2018 explained further, please contact us here at O’Dekirk, Allred, and Associates in Joliet. We can [help you with your divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) and help you determine how these new rules will affect you. **Changes to Duration of Payments** The most substantial change in the Illinois law is with respect to the [calculation of the duration of the maintenance](https://www.odekirklaw.com/divorce-maintenance-alimony-calculations-illinois/) payments. In 2015, the duration of payments was decided using a basic calculation. To determine the length of the payments, the following formulas were used: - If the marriage lasted 5 years or less, the length of the marriage was multiplied by .20. So, if you were married for 4 years, (4 times .2 equals .8 years) the length of the payments would equal 9.6 months. - 5-9 years would be multiplied by .40 - 10-14 years would be multiplied by .60 - 15-19 years would be multiplied by .80 - Marriages that lasted 20 years or more will have a maintenance length that is equal to the marriage or the maintenance will be permanent. Under the [spousal maintenance](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) changes for 2018, the length of time will usually be less than it was under the old law. People married less than 5 years are subject to the same percentage as are those who happen to divorce at the end of the cutoff of the previous benchmarks (years 9, 14, and 19). Those people who stayed married for 20 years or more are also subject to the same rule as before though the wording used is different. Everyone else will find that the duration of their payments will be less than it would have been under the old law. Under the new law, the duration is calculated using the following breakdown: - Marriages that lasted less than 5 years are multiplied by .20 - Marriages that lasted 5 years are multiplied by .24 - Marriages that lasted 6 years are multiplied by .28 - Marriages that lasted 7 years are multiplied by .32 - Marriages that lasted 8 years are multiplied by .36 - Marriages that lasted 9 years are multiplied by .40 - Marriages that lasted 10 years are multiplied by .44 - Marriages that lasted 11 years are multiplied by .48 - Marriages that lasted 12 years are multiplied by .52 - Marriages that lasted 13 years are multiplied by .56 - Marriages that lasted 14 years are multiplied by .60 - Marriages that lasted 15 years are multiplied by .64 - Marriages that lasted 16 years are multiplied by .68 - Marriages that lasted 17 years are multiplied by .72 - Marriages that lasted 18 years are multiplied by .76 - Marriages that lasted 19 years are multiplied by .80 - Marriages that lasted 20 years or more, the maintenance will be as long as the length of the duration of the marriage or it will be indefinite **Already Divorced?** The spousal maintenance changes for 2018 does not mean that couples that are already [divorced](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) can use the new rules to renegotiate the length of their existing maintenance. There must be a substantial change in circumstances for maintenance to be modified or terminated. **Unchanged Elements** Some elements of the Illinois law are unchanged. It is still the case that all spouses are not entitled to maintenance. One spouse must have a demonstrated need and the other must have an ability to pay. Additionally, Illinois is still gender-neutral when it comes to awarding maintenance. Husbands can be awarded maintenance much like wives can. The determination of the [spousal maintenance amount](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) is still made using the same formula and takes into consideration the economic lifestyle of the couple. Additionally, if a spouse waives maintenance, the waiver is still forever binding. If you may be affected by the spousal maintenance changes for 2018 and need a lawyer for your divorce case, contact us here at [O’Dekirk, Allred, and Associates](https://www.odekirklaw.com/) in Joliet for your free consultation. We can discuss everything with you and help determine how these new changes may change the [maintenance outcomes of your divorce](https://www.odekirklaw.com/divorce-maintenance-alimony-calculations-illinois/). --- *Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general understanding of the law, not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction. The information presented may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.* ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [The Basics of Divorce in Illinois](https://www.odekirklaw.com/basics-divorce-illinois/) **Published:** July 14, 2017 **Author:** O'Dekirk Law **Content:** [![The Basics of Divorce in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Man-Woman-Breakup-300x198.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/Man-Woman-Breakup.jpg)At [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com), we help a number of clients through the basics of divorce in Illinois. If you are looking at the prospect of a divorce, the following overview will help you get an understanding of the process. **Do You Need a Lawyer?** First, it is important to understand that a divorce can have long-term consequences for you. You may not understand or even be aware of all of them, even if you and your spouse agree on everything. Given the potential consequences, getting good legal advice is important and may ultimately result in you needing [a divorce lawyer](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html). **Self-representation** Representing yourself is called proceeding “pro se”. If you feel you may pursue representing yourself or cannot afford to [hire an attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/), you should contact your local circuit’s domestic relations division. They should be able to provide you with information and resources for “pro se” divorces. You can find local circuit court information at the [Illinois State Court](http://www.illinoiscourts.gov) website. **Residency Requirement** The law requires that either you or your spouse must have resided in the state of Illinois for the last 90 days prior to filing for divorce in Illinois. Service members who are stationed in Illinois can also legally file for divorce if they have been stationed in the state for a minimum of 90 days. For Illinois courts to make any decisions regarding child custody or visitation rights, the children in question must have been residents of the state for the last six months. **“No Fault” Divorces in Illinois** If a couple has irreconcilable differences, or can no longer get along and have lived apart for at least two years, they may qualify for a no fault divorce. If both spouses agree in writing, the court may consider reducing the separation to six months. In Illinois, even if spouses share the same house, they can meet the requirement of living apart if they inhabit different spaces of their home. The separation can start even if the spouses still share finances and even while there are efforts to reconcile, such as marriage counseling. **“Fault” Divorces** There are several grounds for fault divorce in the state of Illinois. The statutes include: - Physical or mental cruelty - Excessive use of drugs or alcohol - Felony conviction or conviction of an “infamous” crime - Adultery, bigamy, or impotence - At least one year of willful desertion - Attempted murder of the other spouse - Passing a sexually transmitted disease to the other spouse In Illinois, there is little benefit to establishing a fault divorce. Illinois courts do not take a fault into consideration when deciding to divide property or award alimony. Depending on the nature of the fault though, fault may be taken into consideration [during child custody or visitation](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) decisions. An [attorney can provide guidance as to whether choosing](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) a fault divorce would be beneficial. **Filing for Divorce** In Illinois, divorce is also called dissolution of marriage. The spouse who wants the divorce files a “Petition for Dissolution of Marriage” with their resident county’s circuit court. The petition must include some basic information about the grounds for dissolution, current living arrangements, and children from the marriage. The appropriate sheriff’s office or process server will “serve” the other spouse with the petition and a summons (also required). **Length of Process** The basics of divorce in Illinois includes a timeframe that can vary widely based on your particular circumstances. If your divorce is uncontested and you are your spouse are in agreement on all the arrangements, your divorce can be as quick as one month. [Contested divorce cases](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), can be lengthy. Some of these cases can take as long as two years or more. **Cost** There is a fee to file your petition and an additional fee to serve your spouse with papers. The total for both is generally around $300. The current specific fees for your area are available from your circuit court office. Attorney, expert, and mediator fees all vary widely and can be unpredictable because of individual rates and time required. The more you and your spouse are in agreement and the fewer issues there are to resolve, the lower your cost will be. If there is a great deal of difficulty reaching agreements, your divorce could become quite expensive. **Joint Simplified Divorce** If you and your spouse meet all the criteria, you may qualify to file a joint [simplified divorce petition](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html). This type of divorce is allowed in Illinois if: - You and your spouse are in agreement on all issues at the time of filing - You and your spouse own no real property - You and your spouse have no children together - You and your spouse have been married for less than eight years - You have a total combined income of less than $35,000 annually - You and your spouse have been separated for a minimum of 6 months - No alimony or spousal support is being requested. If you meet all the criteria, your local court will have the appropriate forms for a joint simplified divorce. **“Prove-Up” Hearings** In uncontested divorces, you and your spouse can enter a Marital Settlement Agreement (MSA) and your divorce can be resolved with a “prove-up hearing” which is a simple court appearance. Your lawyer can lead you through a “prove-up” hearing so that it is not overwhelming. They will ask questions about your Petition and you will summarize your MSA for the court records. Now that you know the basics of divorce in Illinois, you can contact us here [at O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com) if you need guidance on getting a divorce or need an attorney to help you through the process. We’ll protect your rights and make sure you’re thoroughly represented in case any disputes arise. Our goal is to secure the outcome you deserve. --- **Disclaimer:** Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general understanding of the law, not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction. Use all blogs and articles at your own risk. The information presented may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. By reading our blog and articles you also understand that there is no attorney-client relationship created between you and O’Dekirk, Allred and Associates, LLC. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Legal Representation for Misdemeanors in Morris: What You Need to Know Before Your Court Date](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) **Published:** May 5, 2026 **Author:** O'Dekirk Law **Content:** A misdemeanor charge might seem minor compared to a felony, but don’t let that fool you. In Morris and throughout Illinois, even a “lesser” criminal charge can derail your career, strain your finances, and follow you for years. We’ve seen countless clients walk into our office thinking they could handle a misdemeanor on their own, only to realize too late that the consequences were far more serious than they anticipated. At O’Dekirk, Allred & Rhodes, we’ve built our reputation on intelligent and aggressive representation that gets results. Many of our attorneys are former prosecutors who understand exactly how the other side thinks. Whether you’re facing a DUI, theft charge, or disorderly conduct allegation, having the right legal team in your corner makes all the difference. ## Understanding Misdemeanor Charges in Morris In Illinois, criminal offenses are divided into two main categories: [felonies and misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). Misdemeanors are considered less serious, but that classification can be misleading. These charges still carry real penalties, including potential jail time, fines, and a permanent [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) that shows up on background checks. Misdemeanors in Illinois are classified into three categories: - **Class A Misdemeanors**: The most serious, punishable by up to 364 days in county jail and fines up to $2,500 - **Class B Misdemeanors**: Carry up to 180 days in jail and fines up to $1,500 - **Class C Misdemeanors**: The least severe, with up to 30 days in jail and fines up to $1,500 The classification of your charge directly impacts the potential sentence you face. What many people don’t realize is that [prosecutors in Morris County take misdemeanor cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) seriously, and so should you. ### Common Types of Misdemeanor Offenses We [handle a wide range of misdemeanor cases](https://www.odekirklaw.com/?p=1658) in our practice. Some of the most common charges we see include: - **DUI (first offense)**: Driving under the influence typically starts as a misdemeanor but can escalate quickly with prior offenses or aggravating factors - **Retail theft**: Shoplifting merchandise valued under $300 - **Simple assault and battery**: Physical altercations without serious injury - **Disorderly conduct**: A catch-all charge for various public disturbances - **Criminal trespass**: Entering property without permission - **Possession of small amounts of controlled substances**: Drug offenses below certain thresholds - **Traffic violations with criminal components**: Including driving on a suspended license Each of these charges requires a tailored defense approach. What works for a DUI case won’t necessarily apply to a theft allegation. ## Potential Consequences of a Misdemeanor Conviction Here’s where people often underestimate misdemeanors. Yes, you might avoid prison time. But the ripple effects of a conviction extend far beyond the courtroom. **Immediate Penalties** Depending on your charge classification, you could face jail time, substantial fines, probation, community service, or mandatory counseling programs. A DUI conviction, for instance, typically includes [driver’s license](https://www.odekirklaw.com/drivers-license-reinstatement/) suspension, alcohol education classes, and potentially an ignition interlock device on your vehicle. **Long-Term Consequences** The conviction itself becomes part of your permanent [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). This means: - Employment difficulties, especially in fields requiring background checks - Housing application rejections from landlords who screen for criminal history - Professional license complications for nurses, teachers, real estate agents, and others - Immigration consequences for non-citizens, including potential deportation - Loss of firearm rights in certain circumstances - Difficulty obtaining student loans or financial aid We’ve represented police officers and firefighters who understand these stakes better than anyone, their careers depend on maintaining a clean record. That’s why they come to us when facing their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/). A misdemeanor conviction doesn’t just affect today: it shapes your opportunities for years to come. ## Why You Need a Criminal Defense Attorney for Misdemeanor Cases “It’s just a misdemeanor” is probably the most expensive phrase in [criminal law](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/). We can’t count how many times we’ve helped clients who initially tried to handle things themselves, only to make their situation worse. The criminal justice system isn’t designed to be navigated alone. Prosecutors have extensive resources and experience. They know the law inside and out. Going up against them without proper representation is like showing up to a chess match without knowing how the pieces move. Here’s what a skilled [defense attorney](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) brings to your case: **Knowledge of Local Courts**: Our [attorneys have in-depth knowledge of the Morris area court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) system. We know the judges, we understand how local prosecutors operate, and we’ve built relationships that help us negotiate effectively on your behalf. **Former Prosecutor Insight**: Many of our lawyers are former prosecutors. That experience gives us a unique perspective on how the state builds its cases, and where weaknesses might exist. **Protection of Your Rights**: From the moment of arrest through trial, you have constitutional rights that must be protected. Evidence obtained illegally, improper police procedures, or violations of due process can all become grounds for dismissal or reduced charges. **Negotiation Skills**: Not every case goes to trial. Often, the best outcome comes from skilled negotiation, reducing charges, minimizing penalties, or securing alternative sentencing like diversion programs. ## What to Look for When Hiring a Misdemeanor Defense Lawyer Choosing the right [attorney isn’t just about finding someone with a law](https://www.odekirklaw.com/family-law-attorney-joliet/) degree. You need someone who will fight for you specifically. **Experience with Your Type of Charge** Criminal defense is broad. An attorney who primarily handles white-collar crime might not be the best fit for a DUI case. Look for demonstrated experience with [misdemeanor charges](https://www.odekirklaw.com/charged-with-misdemeanor/) similar to yours. **Local Knowledge** Every jurisdiction has its quirks. An [attorney familiar with Morris area courts,](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) prosecutors, and judges has advantages that out-of-town lawyers simply don’t. We’ve practiced in this community for years and understand how cases move through the local system. **Communication Style** You should feel comfortable asking [questions and confident you’ll get straight answers](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/). During your initial consultation, [pay attention to whether the attorney](https://www.odekirklaw.com/for-felonies-and-misdemeanors-it-pays-not-to-rely-on-just-one-attorney/) listens to your concerns and explains things clearly. **Track Record** Ask about outcomes in similar cases. While no attorney can guarantee results, a history of positive outcomes indicates competence and effectiveness. **Availability and Personal Attention** At our firm, we pride ourselves on personalized attention and advocacy. You shouldn’t be just another file on someone’s desk. Your [attorney should be accessible when you have questions](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) or concerns. We offer free consultations because we believe you deserve to [meet your potential legal team](https://www.odekirklaw.com/meet-the-team/) before making a decision. It’s an opportunity to ask questions and see if we’re the right fit for your situation. ## How the Misdemeanor Court Process Works in Morris Understanding what to expect can reduce anxiety and help you prepare. Here’s a general overview of how misdemeanor [cases proceed through the Morris court](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) system. **Arrest and Booking** After arrest, you’ll be processed and either released on bond or held until your initial court appearance. The sooner you contact an attorney, the better positioned you’ll be for what comes next. **First Appearance/Arraignment** This is where you’ll hear the formal charges against you and enter a plea. We typically advise clients to plead not guilty at this stage, preserving all options while we investigate the case. **Discovery Phase** Both sides exchange evidence. This is where we review police reports, witness statements, video footage, and any other materials the prosecution plans to use. Often, we find issues here that strengthen your defense. **Pre-Trial Motions and Negotiations** Before trial, we may file motions to suppress evidence, dismiss charges, or address procedural issues. Simultaneously, we negotiate with prosecutors. Many cases resolve during this phase through plea agreements that minimize consequences. **Trial** If negotiations don’t produce an acceptable outcome, we’re prepared to take your case to trial. Our extensive trial experience means we’re not afraid of the courtroom, and prosecutors know that. **Sentencing** If convicted, sentencing follows. Even here, skilled advocacy can influence outcomes through presenting mitigating factors and arguing for alternatives to jail time. ## Building a Strong Defense Strategy Every case is different, which means cookie-cutter defenses don’t work. When you hire us, we examine every angle of your situation to build the strongest possible defense. **Challenging the Evidence** Was the traffic stop legal? Did police [follow proper procedures](https://www.odekirklaw.com/procedures-to-follow-when-youre-pulled-over-for-a-dui/)? Is the witness testimony reliable? Evidence obtained in violation of your constitutional rights may be inadmissible, potentially gutting the prosecution’s case. **Questioning Intent** Many [misdemeanor charges](https://www.odekirklaw.com/charged-with-misdemeanor/) require proving intent. If we can demonstrate you didn’t have the required mental state to commit the offense, that’s a powerful defense. **Exploring Alternative Explanations** Mistaken identity, false accusations, and misunderstandings happen more often than people realize. We investigate thoroughly to uncover facts that support your version of events. **Mitigating Circumstances** Even when the evidence is strong, context matters. First-time offenders, those facing difficult personal circumstances, or people who’ve taken steps toward rehabilitation may qualify for reduced charges or alternative sentencing. **Pursuing Diversion Programs** For eligible defendants, diversion programs offer a path to avoid conviction entirely. Complete the program successfully, and charges may be dismissed. We know which programs exist locally and how to position clients for acceptance. Our goal is always the best possible outcome, whether that means dismissal, reduced charges, acquittal at trial, or minimized sentencing. ## Conclusion A [misdemeanor charge](https://www.odekirklaw.com/charged-with-misdemeanor/) doesn’t have to define your future. With the right legal representation, you can fight back effectively and protect what matters most, your freedom, your record, and your opportunities. At O’Dekirk, Allred & Rhodes, we bring intelligent and aggressive representation to every [case we handle](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/). Our former prosecutors, extensive trial experience, and deep knowledge of Illinois courts make us formidable advocates for our clients throughout the Southland area. Contact us today for your free consultation. We’re here to take the burden off your shoulders and give you the [peace of mind](https://www.odekirklaw.com/why-having-a-lawyer-at-your-closing-provides-peace-of-mind/) you deserve. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Charged with Misdemeanor --- ### [What to Do If DCFS Contacts You: A Guide to Protecting Your Family and Rights](https://www.odekirklaw.com/if-dcfs-contacts/) **Published:** June 28, 2026 **Author:** O'Dekirk Law **Content:** Getting a knock on the door or a phone call from the Department of Children and Family Services can send any parent into a panic. Your mind races, your heart pounds, and you’re left wondering what comes next. Whether you’re completely blindsided or had an inkling something might happen, knowing how to respond matters, a lot. At O’Dekirk, Allred & Associates, LLC, we’ve guided countless families through DCFS investigations. We [understand that these situations](https://www.odekirklaw.com/understanding-a-dui-situation/) feel overwhelming, but you don’t have to navigate them alone. This guide walks you through what to expect, your rights, and the steps you should take to protect your family. ## Why DCFS Might Contact You DCFS investigates complaints of child neglect or abuse that can come from virtually anyone, a teacher, doctor, neighbor, family member, or even an anonymous tipster. Illinois law requires certain professionals (known as mandated reporters) to file a report if they suspect a child is being mistreated. That’s why a single comment from your child at school or a routine doctor’s visit can trigger an investigation you never saw coming. The reasons for contact vary widely. Some cases involve allegations of physical abuse, while others stem from concerns about neglect, unsafe living conditions, or substance abuse in the home. Sometimes the allegations are based on misunderstandings or exaggerations. A messy house during a particularly stressful week, a bruise from normal childhood play, or a bitter custody dispute can all lead to a DCFS visit. Here’s what many parents don’t realize: DCFS must investigate every report they receive. That doesn’t mean you’re guilty of anything, it simply means someone made a complaint. But, the outcome of that investigation can follow your family for years if findings are “indicated” or supported. ## Your Rights When DCFS Initiates Contact Many parents assume they have no choice but to comply with everything a DCFS investigator demands. That’s not entirely accurate. You have constitutional rights, and understanding them puts you in a stronger position. First, you have the right to know why DCFS is at your door. Investigators must explain the general nature of the allegations against you, though they may not reveal who made the report. You also have the right to have an [attorney present during any interview or home](https://www.odekirklaw.com/how-a-real-estate-attorney-can-make-you-feel-at-home/) visit. This is a right we strongly encourage you to exercise. You’re not required to let investigators [inside your home without a court](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) order in most situations. But, refusing entry can be complicated, investigators may return with [law enforcement or obtain an emergency order](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) if they believe a child is in immediate danger. This is where having legal counsel becomes critical. We can help you understand when cooperation makes sense and when asserting your rights is the better path. You also have the right to remain silent. Anything you say during an investigation can be used against you, potentially in criminal proceedings if the allegations are serious enough. ## How to Respond to a DCFS Investigation Your response in the first hours and days of a DCFS investigation sets the tone for everything that follows. Acting too aggressively can make investigators suspicious. Being too passive might mean you inadvertently provide information that hurts your case. Stay calm, even if you’re furious or terrified. Write down the investigator’s name, their contact information, and any details about the allegations they share. Ask for documentation when possible. If investigators want to speak with your children at home, you have the right to be present for younger children, though schools can allow interviews without parental consent during school hours. Document everything from your end as well. Take photos of your home, keep records of your interactions with DCFS, and save any text messages or emails that might be relevant. This evidence could prove valuable later. ### Cooperating Without Incriminating Yourself There’s a fine line between cooperation and self-incrimination. You want to appear reasonable and willing to work with investigators, stonewalling completely can backfire. But you also shouldn’t volunteer information or [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) that could be twisted against you. Be polite and professional. Answer basic questions about your identity and your children, but don’t feel pressured to provide lengthy explanations or justify yourself on the spot. Phrases like “I’d prefer to have my attorney present before answering that” are perfectly acceptable. Never lie to investigators. Dishonesty will destroy your credibility and make your situation exponentially worse. If you’re unsure how to answer something, it’s better to say you need time to think or consult with counsel than to guess or fabricate. ## When to Hire an Attorney for a DCFS Case The short answer? Immediately. DCFS cases are unique and complex proceedings, very different from typical criminal charges. The rules are different, the stakes are high, and the timeline moves quickly. We recommend contacting an attorney as soon as you learn DCFS is involved. At O’Dekirk, Allred & Associates, LLC, our [lawyers have extensive experience in DCFS defense](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/). We understand that family is the most important thing, and we’ll stand by your side throughout this process. You especially need [legal representation](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) if: - The allegations involve serious abuse or neglect - Criminal charges might result from the investigation - DCFS is seeking to remove your children from your home - You’ve received a notice of an indicated finding - A case is being referred to juvenile court Many parents wait too long, hoping the situation will resolve itself. By then, critical opportunities to protect their rights may have passed. An attorney can communicate with DCFS on your behalf, attend interviews and meetings with you, and ensure the investigation is conducted fairly. We can also help you appeal indicated findings and navigate any court proceedings that arise. Time is crucial in these cases. The sooner you have experienced counsel, the better positioned you’ll be. ## Common Mistakes to Avoid During a DCFS Investigation We’ve seen good parents make preventable [mistakes that complicated their cases](https://www.odekirklaw.com/dont-make-these-mistakes-on-your-dui-case/) unnecessarily. Learning what not to do is just as important as knowing the right steps. **Don’t ignore DCFS.** Refusing to respond to calls or avoiding investigators won’t make the investigation disappear. It usually makes things worse and can lead to court intervention. **Don’t badmouth the person who reported you.** Even if you know, or suspect, who filed the complaint, ranting about them to investigators looks bad. Focus on the facts, not personalities. **Don’t post about your case on social media.** That frustrated Facebook rant or defensive Instagram story can and will be used against you. Investigators routinely check social media profiles. Keep your case offline. **Don’t coach your children.** It’s natural to want to protect your kids, but telling them what to say, or what not to say, can be considered obstruction and often backfires anyway. Children usually reveal coaching, and it damages your credibility. **Don’t sign anything without understanding it.** Safety plans, voluntary placement agreements, and other documents can have serious consequences. Review everything with an attorney before signing. **Don’t assume it will blow over.** Even if the allegations seem minor or obviously false, take the investigation seriously from day one. ## Conclusion A DCFS investigation doesn’t have to upend your family’s life, but how you respond makes all the difference. Know your rights, stay composed, and get experienced legal help immediately. At O’Dekirk, Allred & Associates, LLC in Joliet, Illinois, we’re here to protect your family and guide you through every step. Contact us today for a free consultation. When something this important is on the line, you need the very best on your side. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Lawyers --- ### [How O'Dekirk, Rhodes & Associates, LLC Handle High-Profile Criminal Cases: Inside Our Defense Strategy](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) **Published:** June 7, 2026 **Author:** O'Dekirk Law **Content:** When criminal charges make headlines, everything changes. The stakes skyrocket, public scrutiny intensifies, and one wrong move can permanently alter a defendant’s life, both inside and outside the courtroom. At O’Dekirk, Rhodes & Associates, LLC, we’ve built our reputation in the Joliet, Illinois area by taking on cases others might shy away from. Our team includes former prosecutors who understand how the other side thinks, combined with decades of trial experience that translates into real results. Here’s how we approach high-profile criminal defense, and why our methods consistently protect our clients when it matters most. ## What Defines a High-Profile Criminal Case Not every serious charge qualifies as “high-profile,” but certain factors push a case into the spotlight. Media attention is the most obvious indicator; when local news outlets start covering an arrest, the dynamics shift dramatically. Cases involving public figures, elected officials, business leaders, or community members often attract this kind of scrutiny. Other factors include the severity of the alleged crime, controversial circumstances, or situations that touch on broader social issues. A DUI might not make headlines on its own, but if it involves a prominent local figure or tragic consequences, coverage escalates quickly. We’ve seen firsthand how high-profile [cases differ from standard criminal](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) matters. The pressure is relentless. Prosecutors feel compelled to pursue aggressive charges. Witnesses become reluctant or overly eager to participate. And our clients face judgment long before any verdict is reached. At O’Dekirk, Rhodes & Associates, LLC, we recognize that high-profile doesn’t just mean high-stakes legally; it means managing a complex web of professional, personal, and public consequences simultaneously. Our approach accounts for all of these dimensions from the moment we take a case. ## Building a Strategic Defense From Day One In high-profile matters, the first 48 to 72 hours are critical. Evidence is collected, statements are made, and narratives begin to form in the public consciousness. We move fast because early intervention often determines the trajectory of an entire case. Our strategic approach begins with a comprehensive case assessment. We examine all available evidence, identify potential weaknesses in the prosecution’s theory, and develop multiple defense strategies. Many of our attorneys are former prosecutors, which gives us invaluable insight into how the state builds its cases and where those cases tend to fall apart. We also prioritize protecting our clients’ rights from the very beginning. This means advising on interactions with law enforcement, managing communications that could later be used as evidence, and ensuring constitutional protections are preserved. Personalized attention is central to our process. High-profile cases demand more than cookie-cutter legal strategies. We work around the clock when necessary, keeping clients informed at every step while developing a defense tailored to their specific circumstances. Our extensive trial experience means we’re always preparing for the possibility of going before a jury, even as we explore every avenue for a favorable resolution. ## Managing Media Attention and Public Perception Media coverage can make or break a high-profile case. Uncontrolled narratives poison potential jury pools, damage reputations, and create pressure that influences everyone involved, from prosecutors to judges. We take a proactive approach to media management. This doesn’t mean turning cases into publicity stunts. Instead, we carefully control what information becomes public and when. Sometimes that means strategic silence. Other times, it requires measured public statements that protect our client’s interests without compromising the legal defense. Our team understands that in today’s environment, social media amplifies everything. A single inflammatory post can spread faster than any press conference. We counsel clients on digital communications and help them navigate the complex intersection of public perception and legal strategy. We’ve also developed relationships with local journalists over the years of practice in the Southland area. These professional relationships help ensure our clients receive fair coverage, or at least that their side of the story gets heard. Protecting someone’s reputation while defending them in court requires balancing transparency with discretion, and we’ve refined that balance through countless cases. ## Assembling the Right Expert Witnesses and Resources Complex cases require more than legal expertise alone. We regularly work with forensic specialists, medical professionals, accident reconstructionists, digital forensics experts, and other specialists who can provide crucial testimony or analysis. Finding the right expert witness isn’t just about credentials; it’s about courtroom presence. An expert might hold impressive qualifications but struggle to communicate complex concepts to a jury. We carefully vet every expert we bring into a case, ensuring they can explain technical matters clearly and withstand cross-examination. Our network of professional resources has been built over decades of practice. When a case demands specialized knowledge, whether that’s DNA analysis, financial forensics, or psychological evaluation, we know exactly who to call. We also invest in our own investigative resources. Private [investigators can uncover facts that police](https://www.odekirklaw.com/your-rights-during-a-police-investigation/) might overlook or ignore. Document specialists can analyze evidence for inconsistencies. This comprehensive approach means we’re never relying solely on what the prosecution provides. In high-profile cases especially, leaving any stone unturned simply isn’t an option. ## Courtroom Tactics That Make a Difference When cases go to trial, preparation meets performance. Our attorneys bring extensive, winning trial experience to every courtroom appearance, from pre-trial motions through final arguments. Effective courtroom tactics start with jury selection. We pay close attention to identifying jurors who can evaluate evidence objectively, even though they have media exposure. In high-profile cases, this process becomes even more critical. We use strategic questioning to uncover biases and build a jury that will give our client a fair hearing. During trial, we combine intelligent and aggressive representation with careful attention to detail. Cross-examination is where many cases are won or lost. We prepare exhaustively, anticipating witness responses and identifying inconsistencies that undermine the prosecution’s narrative. Presenting our client’s story effectively matters just as much as dismantling the state’s case. We use clear, compelling arguments that resonate with jurors, avoiding legal jargon in favor of language that connects emotionally and logically. Our in-depth knowledge of the local court system, including familiarity with judges and their preferences, allows us to tailor our approach for maximum effectiveness. ## Protecting Client Rights Throughout the Process Criminal charges can lead to severe consequences, jail time, permanent [criminal records,](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) damaged careers, and fractured families. In high-profile cases, these consequences are magnified by public exposure that never fully disappears. We’re fierce advocates for constitutional protections. This means challenging unlawful searches, questioning the validity of confessions, and holding law enforcement accountable for procedural violations. These rights exist for a reason, and we ensure they’re respected. Beyond courtroom advocacy, we help clients navigate the broader implications of their situation. Employment concerns, family dynamics, and community standing all factor into our representation. We [understand that criminal charges](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) can significantly affect your future, and we work to minimize their impact at every turn. Our reputation in the local legal community speaks to our commitment. Police officers and firefighters facing their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) regularly choose O’Dekirk, Rhodes & Associates, LLC for representation. They know what effective [criminal defense](https://www.odekirklaw.com/criminal-defense/) looks like, and they trust us to deliver it. Clear communication remains central to our approach. We keep clients informed, explain their options honestly, and ensure they’re never left wondering what happens next. You don’t have to face legal challenges alone. ## Conclusion High-profile criminal cases demand more than standard legal representation. They require strategic thinking, media savvy, expert resources, and courtroom skills honed through years of experience. At O’Dekirk, Rhodes & Associates, LLC, our team of attorneys brings all of these elements together, fighting for positive outcomes when our clients need it most. If you’re facing serious criminal charges, contact us today for a free consultation. Let us take the burden off your shoulders and give you the [peace of mind](https://www.odekirklaw.com/why-having-a-lawyer-at-your-closing-provides-peace-of-mind/) you deserve. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Attorney --- ### [How Small-Town Courts Handle Criminal Cases: An Inside Look at Rural Justice](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) **Published:** May 13, 2026 **Author:** O'Dekirk Law **Content:** If you’ve ever wondered how criminal cases play out in smaller communities, you’re not alone. The image most people have of courtrooms comes from big-city dramas, crowded hallways, anonymous proceedings, and attorneys rushing between cases. But in small-town courts across Illinois and beyond, things work differently. The pace, the relationships, and even the challenges take on a distinct character. We’ve spent years navigating these local court systems, and we can tell you firsthand: understanding how rural courts operate can make a real difference in your case outcome. Let’s walk through what sets these courts apart and what you should expect if you’re facing criminal charges in a smaller jurisdiction. ## What Makes Small-Town Courts Different From Urban Courtrooms Walk into a small-town courthouse, and you’ll immediately notice the atmosphere is different. There’s less chaos, fewer people milling about, and a sense that everyone knows each other, because they often do. In urban courtrooms, judges may hear dozens of cases in a single morning. Defendants are often just names on a docket. But in rural courts, the volume is lower, which means judges and [prosecutors typically have more time to consider individual cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). This can work in your favor or against you, depending on the circumstances. Smaller courts also tend to have less formal procedures in practice, even when following the same state laws. A judge might take a few extra minutes to explain proceedings directly to a defendant. The bailiff might greet attorneys by their first names. These human touches don’t change the legal stakes, but they do change the experience. Another key difference? Accountability runs both ways. In a tight-knit community, judges, prosecutors, and [defense attorneys](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) often cross paths outside the courtroom, at church, at local events, even at the grocery store. This creates an environment where reputation matters enormously. Everyone’s watching, and professional conduct is closely tied to personal standing. ## The Key Players in Rural Criminal Proceedings Understanding who’s who in a small-town court helps you navigate the process more effectively. **The Judge:** In rural jurisdictions, you may see the same judge handling [criminal cases,](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) family matters, and civil disputes. This versatility means judges develop broad expertise, but it also means their schedules can be unpredictable. **The State’s Attorney:** Local prosecutors often handle everything from traffic violations to serious felonies. Unlike their urban counterparts who may specialize, rural prosecutors wear many hats. Interestingly, many [defense attorneys,](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) including several on our team at O’Dekirk, Allred & Rhodes, started their careers as prosecutors, giving them invaluable insight into how the other side thinks. **Public Defenders and Private Attorneys:** Smaller communities may have limited public defender availability, making private representation even more critical. Attorneys with deep roots in the local legal community [understand the unwritten rules](https://www.odekirklaw.com/understanding-effect-new-illinois-child-support-rules-2017/) and tendencies of local courts. **Court Staff:** Never underestimate the importance of clerks, bailiffs, and administrative personnel. In small-town courts, these individuals often have decades of institutional knowledge. They keep the wheels turning, and treating them with respect goes a long way. ## How Criminal Cases Move Through a Small-Town Court System The basic stages of a criminal case, arrest, arraignment, pretrial hearings, trial, and sentencing, follow the same [legal framework regardless of court](https://www.odekirklaw.com/?p=1659) size. But the timeline and texture of these stages can vary significantly in smaller jurisdictions. **Arraignment:** This initial appearance happens relatively quickly, usually within 48 hours of arrest. In small-town courts, arraignments may be scheduled on specific days rather than daily, which can affect timing. **Pretrial Process:** Here’s where rural courts can actually move faster. With smaller caseloads, discovery exchanges and motion hearings often get scheduled more promptly. We’ve seen cases that might languish for months in urban courts resolved much more quickly in local jurisdictions. **Plea Negotiations:** The relationships we mentioned earlier play a significant role here. When [prosecutors and defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) attorneys have worked together for years, there’s often more room for candid conversation about case strengths and weaknesses. This doesn’t mean anyone’s cutting corners, it means communication flows more smoothly. **Trial:** If your case goes to trial, jury selection draws from a smaller pool. Potential jurors may know the defendant, the victim, or key witnesses. This requires careful attention during voir dire to ensure a fair and impartial panel. **Sentencing:** Judges in smaller courts may have more personal knowledge of local circumstances, which can influence sentencing decisions in either direction. ## Common Challenges Facing Rural Courts Today Small-town courts face real obstacles that can affect how your case is handled. Being aware of these challenges helps set realistic expectations. ### Limited Resources and Staffing Constraints Budget limitations hit rural courts hard. Many operate with skeleton crews, meaning the same handful of people handle responsibilities that would be spread across entire departments in larger jurisdictions. Court reporters may travel between multiple counties. Interpreters might need to be brought in from hours away. Technology upgrades that urban courts take for granted, electronic filing systems, video conferencing capabilities, may be unavailable or unreliable. These constraints create scheduling challenges. A case might get continued simply because a necessary participant isn’t available. For defendants awaiting resolution, these delays add stress and uncertainty. There’s also the issue of specialized services. Mental health evaluations, substance abuse treatment programs, and other resources that courts rely on for sentencing alternatives may be limited or nonexistent in rural areas. This can restrict the options available for plea agreements or alternative sentencing. At O’Dekirk, Allred & Rhodes, our in-depth knowledge of local court systems means we understand these constraints and plan accordingly. We know which programs are available, which experts the court respects, and how to work within the system’s limitations. ## The Pros and Cons of Close-Knit Court Communities The intimate nature of small-town courts cuts both ways, and it’s worth understanding these dynamics before your case begins. **The Advantages:** Personalized attention is perhaps the biggest benefit. Your case won’t get lost in the shuffle. Judges have the bandwidth to actually read motions and consider arguments thoughtfully. There’s a human element that large, overburdened court systems struggle to maintain. Reputation also matters more. An [attorney known for integrity and preparation carries real](https://www.odekirklaw.com/real-estate-attorney-2/) credibility. When we walk into courtrooms across Will County and surrounding areas, our track record speaks for itself, it’s one reason police officers and firefighters trust us with their own legal matters. Communication tends to be more direct. Getting answers about scheduling, filing requirements, or case status is often simpler when you know who to call. **The Disadvantages:** Privacy becomes harder to maintain. In a community where everyone knows everyone, word travels fast. A criminal charge can affect your reputation long before any verdict is reached. Familiarity can sometimes breed assumptions. A defendant with a history in the community, good or bad, may find that history colors how their current case is perceived. There’s also the potential for conflicts of interest. When the pool of legal professionals is small, situations arise where judges or attorneys have personal connections to parties involved. Good courts have procedures for handling recusals, but navigating these situations requires experienced counsel. The bottom line? Close-knit courts aren’t inherently better or worse, they’re different. Success requires understanding how to leverage the advantages while managing the risks. ## Conclusion Small-town courts operate by the same laws as their urban counterparts, but the experience of moving through them is distinctly different. The relationships, the pace, and the challenges all require an approach tailored to local realities. If you’re facing criminal charges in a smaller jurisdiction, having [attorneys who genuinely understand the local court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) system isn’t just helpful, it’s essential. At O’Dekirk, Allred & Rhodes, we’ve built our reputation on exactly this kind of deep, local expertise. Contact us today for a free consultation and let us put that knowledge to work for you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Attorney --- ### [Summer Festival Arrests in Morris: Your Guide to Finding the Right Legal Help](https://www.odekirklaw.com/summer-festival-arrests-legal-help-morris/) **Published:** May 26, 2026 **Author:** O'Dekirk Law **Content:** Summer in Morris means outdoor concerts, food fairs, and community celebrations that draw thousands of visitors each year. But with the crowds and festivities comes an unfortunate reality: a significant spike in arrests. Whether it’s a misunderstanding that escalated, an open container violation, or something more serious, finding yourself in handcuffs at what should have been a fun weekend can turn your life upside down. At O’Dekirk, Allred & Rhodes, LLC, we’ve seen firsthand how quickly a summer festival outing can go wrong, and how the consequences can follow you for years. If you or someone you love is facing charges stemming from a festival arrest, understanding your rights and options is the critical first step. ## Why Summer Festivals Lead to More Arrests in Morris Summer festivals create a perfect storm for law enforcement activity. Large crowds, alcohol consumption, warm weather, and extended hours all contribute to situations where arrests become more common. Police presence at these events is typically heightened, with officers specifically watching for infractions that might go unnoticed in everyday settings. The combination of unfamiliar surroundings and lowered inhibitions leads many otherwise law-abiding citizens into trouble. You might not realize that the beer you’re carrying has crossed into a restricted zone, or that your voice has risen to a level that attracts police attention. Add in parking lot disputes, long lines, and the general chaos of large gatherings, and tensions can flare quickly. We also see a pattern of overpolicing at these events. Officers are under pressure to maintain order, and sometimes that means making arrests for conduct that wouldn’t warrant attention under normal circumstances. What starts as a minor disagreement can rapidly escalate when law enforcement is involved. ## Common Criminal Charges at Morris Summer Festivals The types of charges we typically handle following summer festivals in Morris run the gamut from minor infractions to serious felonies. Understanding what you might be facing is essential for mounting an effective defense. **Alcohol-related offenses** top the list. Public intoxication, underage drinking, and open container violations are incredibly common. DUI [charges also spike as attendees attempt to drive](https://www.odekirklaw.com/charged-with-drunk-driving/) home after consuming alcohol throughout the day. **Disorderly conduct and assault** charges frequently stem from altercations in crowded spaces. What begins as an accidental bump or a heated exchange of words can quickly become a criminal matter when punches are thrown or threats are made. **Drug offenses** remain prevalent at festivals, ranging from simple [possession charges](https://www.odekirklaw.com/defending-drug-possession-charges-in-illinois/) to more serious distribution allegations. Even in states with evolving [marijuana laws,](https://www.odekirklaw.com/what-do-you-need-to-know-about-the-marijuana-laws-in-illinois/) possession at public events can still result in arrest. **Theft and trespassing** charges occur when festival-goers venture into restricted areas or when allegations of pickpocketing arise in crowded conditions. Each of these charges carries its own set of potential penalties and defense strategies. Our [attorneys are experienced](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) in handling the full range of festival-related criminal matters. ## What to Do Immediately After a Festival Arrest The moments following an arrest are critical, and your actions can significantly impact the outcome of your case. Here’s what we advise: **Stay calm and cooperate with officers.** Resisting arrest or becoming combative will only add charges to whatever you’re already facing. You can assert your rights without being confrontational. **Exercise your right to remain silent.** Beyond providing basic identification information, you’re not obligated to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) or explain yourself. Politely decline to discuss the incident until you’ve spoken with an attorney. Anything you say can and will be used against you. **Request legal representation.** Clearly state that you want to speak with a lawyer. This invokes important constitutional [protections and signals to law](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) enforcement that you’re taking the matter seriously. **Document everything you can remember.** As soon as possible, write down details about what happened, who was present, what was said, the sequence of events. Memories fade quickly, and these details can be invaluable for your defense. **Contact us promptly.** Time is crucial in [criminal cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). Evidence can disappear, witnesses’ memories fade, and procedural deadlines must be met. The sooner we’re involved, the better positioned we are to protect your rights. ## How a Criminal Defense Attorney Can Help Your Case Many people underestimate the value of skilled [legal representation](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) for what they perceive as “minor” festival charges. This is often a costly mistake. At O’Dekirk, Allred & Rhodes, LLC, many of our lawyers are former prosecutors who understand exactly how the other side builds cases. We know what evidence they’ll rely on, what weaknesses to exploit, and how to negotiate effectively. This inside knowledge gives us a significant advantage in the courtroom. We’ll thoroughly investigate the circumstances of your arrest. Was the stop lawful? Were your constitutional rights respected? Was evidence properly collected and preserved? Any missteps by law enforcement can provide grounds for having charges reduced or dismissed entirely. Our team also [handles all communication with prosecutors and the court](https://www.odekirklaw.com/?p=1658) system, relieving you of that burden during an already stressful time. We’ll explain your options clearly, help you understand potential outcomes, and develop a strategy tailored to your specific situation. For eligible cases, we can pursue alternatives to conviction such as diversion programs, plea agreements to lesser charges, or complete dismissal. When trial is the best option, our extensive courtroom experience means we’re prepared to advocate aggressively on your behalf. ## Potential Consequences of Festival-Related Charges Don’t make the mistake of assuming festival arrests are no big deal. The consequences of a conviction can follow you for years and affect nearly every aspect of your life. **Criminal record implications** are perhaps the most far-reaching. Even misdemeanor convictions show up on background checks, potentially affecting your employment prospects, housing applications, and professional licensing. We understand that these consequences can greatly influence your future and potentially hurt your job opportunities. **Jail time** is a real possibility, depending on the charges. While first-time offenders often avoid incarceration for minor offenses, repeat offenses or more serious charges can result in significant time behind bars. **Fines and court costs** add up quickly. Between the fine itself, court fees, and any required programs or classes, the financial burden can be substantial. **Driver’s license issues** frequently accompany alcohol-related arrests. A DUI conviction typically results in license suspension, making your daily life extremely difficult. Our [attorneys have extensive experience helping clients navigate license](https://www.odekirklaw.com/commercial-drivers-license-attorney/) reinstatement proceedings with the Secretary of State. **Juvenile consequences** deserve special attention. For young people, a festival arrest can jeopardize college admissions, scholarships, and future opportunities. We work with families to protect young clients’ futures. ## Finding the Right Legal Representation in Morris Not all [attorneys are equally equipped to handle festival-related criminal](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) charges. When selecting representation, look for a firm with deep roots in the local legal community and proven courtroom experience. Our reputation is so strong in the local legal community that we’re often hired by police officers and firemen when they’re facing their own legal issues. That speaks to the trust we’ve earned through years of intelligent and aggressive representation. We handle all types of felony and misdemeanor cases, which means we [understand how different charges](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) interact and can develop comprehensive defense strategies. Our in-depth knowledge of the local court system and Illinois law, coupled with extensive trial experience, gives us the power to attain the best possible outcome in your case. Clients throughout the surrounding counties can attest to the top-notch service we provide. We offer personalized attention, clear communication at every step, and the kind of advocacy that comes from genuine investment in our clients’ outcomes. When you need the very best on your side, contact O’Dekirk, Allred & Rhodes, LLC for a free consultation. We’re here to take the burden off your shoulders and give you peace of mind. ## Conclusion A summer festival arrest doesn’t have to define your future. With the right legal team in your corner, you can fight these charges effectively and protect what matters most, your freedom, your record, and your opportunities. At O’Dekirk, Allred & Rhodes, LLC, we’ve built our reputation on achieving positive results for clients facing exactly these situations. Contact us today for your free consultation, and let our [experienced criminal defense attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) start working on your behalf. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Defense Attorney --- ### [Understanding Misdemeanor Sentencing in Wilmington: What You Need to Know](https://www.odekirklaw.com/understanding-misdemeanor-sentencing-wilmington/) **Published:** May 19, 2026 **Author:** O'Dekirk Law **Content:** Facing a misdemeanor charge in Wilmington can feel overwhelming, especially when you’re uncertain about what penalties you might face. While misdemeanors are less serious than felonies, they still carry real consequences, fines, probation, and even jail time can disrupt your life and leave a mark on your record. We’ve seen how confusing North Carolina’s sentencing system can be for those unfamiliar with it. In this guide, we break down exactly how misdemeanor sentencing works in Wilmington, from classification levels to courtroom procedures, so you can approach your case with clarity and confidence. ## How North Carolina Classifies Misdemeanors North Carolina divides misdemeanors into four distinct classes: A1, 1, 2, and 3. Class A1 misdemeanors are the most serious, while Class 3 represents the least severe offenses. **Class A1** misdemeanors include crimes like assault with serious injury, sexual battery, and certain [domestic violence](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) offenses. These carry the harshest potential penalties in the misdemeanor category. **Class 1** misdemeanors cover offenses such as larceny, [possession of drug](https://www.odekirklaw.com/dont-make-these-mistakes-when-arrested-for-drug-possession/) paraphernalia, and communicating threats. They’re a step below A1 but still carry significant consequences. **Class 2** misdemeanors include simple assault, disorderly conduct, and first-offense cyberstalking. These are moderately serious in the eyes of the court. **Class 3** misdemeanors are the lightest, encompassing offenses like second-degree trespassing and possession of small amounts of marijuana (under certain circumstances). Understanding which class your charge falls under is crucial because it directly determines the range of punishments a judge can impose. We always tell clients that the classification is just the starting point, other factors will influence your actual sentence. ## Potential Penalties for Each Misdemeanor Class Each misdemeanor class in North Carolina carries its own maximum penalties, though what you actually receive depends heavily on your prior record level. **Class A1 Misdemeanors:** Up to 150 days in jail (or up to 60 days for defendants with minimal criminal history). Fines are determined at the judge’s discretion. **Class 1 Misdemeanors:** Maximum of 120 days in jail. Again, those without prior convictions typically face lighter sentences, often community punishment or probation. **Class 2 Misdemeanors:** Up to 60 days of incarceration. Many first-time offenders receive community service or supervised probation instead of active jail time. **Class 3 Misdemeanors:** Maximum penalty of 20 days in jail. These offenses often result in fines only, especially for defendants with clean records. It’s worth noting that judges have discretion within these ranges. A Class A1 assault charge won’t automatically mean 150 days behind bars, your circumstances, the specifics of the incident, and your background all matter. We’ve represented clients who walked away with probation on charges that technically could have meant months in jail. ## Factors That Influence Sentencing Decisions Beyond the classification of your charge, multiple factors shape what sentence a Wilmington judge eventually hands down. The circumstances of the offense matter significantly. Was anyone injured? Did the crime involve a weapon? Was there premeditation, or was it a heat-of-the-moment situation? Judges weigh these details carefully. Your behavior since the arrest also plays a role. Completing substance abuse treatment, attending counseling, or demonstrating genuine remorse can work in your favor. We often advise clients to take proactive steps before their [court date](https://www.odekirklaw.com/?p=1659), it shows the judge you’re serious about making changes. Victim impact statements, if applicable, can influence sentencing too. When a victim speaks about how the crime affected them, it can sway a judge toward harsher or lighter penalties depending on the content. ### The Role of Prior Criminal History North Carolina uses a prior conviction level system for misdemeanor sentencing. Your level (I, II, or III) depends on the number of prior convictions on your record. - **Level I:** No prior convictions or one very old conviction - **Level II:** One to four prior convictions - **Level III:** Five or more prior convictions Someone with a Level I record facing a Class 2 misdemeanor might receive only community punishment. That same [charge for a Level III defendant](https://www.odekirklaw.com/defending-against-domestic-violence-charges/) could mean active jail time. This is precisely why [criminal record expungement,](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) when you qualify, can be so valuable. Clearing old convictions from your record could keep you at a lower prior conviction level if future charges ever arise. ## How the Wilmington Court Process Works If you’re [charged with a misdemeanor](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) in Wilmington, your case will typically move through the New Hanover County court system. Here’s what to expect. After your arrest, you’ll receive a [court date](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) for your first appearance. This is where the charges are formally presented and you’ll enter an initial plea. For most misdemeanors, this happens in district court. Pretrial conferences follow. These are opportunities for your attorney to negotiate with the prosecutor, review evidence, and potentially reach a plea agreement. Many misdemeanor cases resolve during this phase without ever going to trial. If no agreement is reached, your case proceeds to trial. Misdemeanor trials in North Carolina are bench trials (decided by a judge, not a jury) at the district court level. But, if you’re convicted, you have the right to appeal to superior court for a new trial with a jury. Sentencing occurs immediately after a guilty verdict or plea. The judge will consider all the factors we mentioned earlier, your charge classification, prior record, and case circumstances, before announcing your sentence. We always emphasize to our clients that how you present yourself throughout this process matters. Showing up on time, dressing appropriately, and demonstrating respect for the court can subtly influence how a judge perceives you. ## Alternatives to Jail Time in Misdemeanor Cases Jail isn’t the only outcome for misdemeanor convictions in Wilmington. North Carolina law provides several alternatives, particularly for lower-level offenses and first-time offenders. **Probation** is one of the most common alternatives. Supervised probation means regular check-ins with a probation officer, while unsupervised probation simply requires that you stay out of trouble for a set period. **Community service** allows defendants to give back instead of serving time. Courts may order anywhere from a few hours to several hundred hours depending on the offense. **Deferred prosecution** programs are available for certain charges. If you complete required conditions (like drug treatment or anger management classes), the charges may be dismissed entirely. **Prayer for Judgment Continued (PJC)** is a unique North Carolina option where the [court continues the case](https://www.odekirklaw.com/?p=1658) without entering judgment. While not a dismissal, a PJC means no conviction is entered and no punishment is imposed. Drug treatment courts and other specialty programs also exist in the Wilmington area for defendants whose offenses stem from addiction issues. These programs focus on rehabilitation rather than punishment. Exploring these alternatives requires knowing the system and advocating effectively. That’s where experienced [legal representation](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) becomes essential. ## Steps to Take After a Misdemeanor Charge If you’ve been charged with a misdemeanor in Wilmington, what you do in the days and weeks following your arrest can significantly impact your outcome. **Don’t ignore the charge.** Even minor misdemeanors won’t disappear on their own. Failing to appear in court leads to additional charges and a warrant for your arrest. **Gather documentation.** Collect anything relevant to your case, witness contact information, photos, receipts, or records that might support your defense. **Avoid discussing your case publicly.** Social media posts and casual conversations can come back to haunt you. Keep details between you and your attorney. **Consider the long-term implications.** A misdemeanor conviction creates a [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) that can affect employment, housing applications, and professional licensing. Sometimes [fighting a charge](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) or negotiating a reduction makes sense even when the immediate penalties seem minor. **Consult with an attorney.** We can’t stress this enough. An experienced [criminal defense](https://www.odekirklaw.com/criminal-defense/) lawyer understands how local Wilmington courts operate, knows the prosecutors, and can identify the best strategy for your specific situation. Many people assume they should just plead guilty and move on, but there are often better options available that they don’t know about. ## Conclusion Misdemeanor charges in Wilmington deserve serious attention, even when the offenses seem minor. Understanding how North Carolina classifies these charges, what penalties each class carries, and how the court process works puts you in a stronger position to protect your future. If you’re facing a misdemeanor, don’t navigate the system alone, seek qualified legal guidance and take proactive steps to present the best possible case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Joliet Misdemeanor Defense Attorney --- ### [What Happens After a DUI Conviction in Illinois](https://www.odekirklaw.com/what-happens-after-a-dui-conviction-in-illinois/) **Published:** February 3, 2026 **Author:** O'Dekirk Law **Content:** A DUI conviction in Illinois isn’t something you simply move past. It sets off a chain of legal, financial, and personal consequences that can follow you for years, sometimes decades. If you’re facing this situation right now, we understand how overwhelming it feels. The uncertainty. The fear about your job, your ability to drive, your future. Here’s what we know after years of handling DUI [cases in Illinois: knowledge is your best defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) against making a difficult situation worse. Understanding exactly what happens after a DUI conviction, from the immediate license consequences to the long-term effects on employment, gives you the power to take the right steps at the right time. In this guide, we’ll walk you through every stage of post-conviction life in Illinois. We’ll cover the penalties, the [license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/) process, and the practical realities you’ll face moving forward. Because while a DUI conviction is serious, it doesn’t have to define the rest of your life. ## Immediate Consequences of an Illinois DUI Conviction The moment a DUI conviction is entered against you in Illinois, several things happen simultaneously. Your driving privileges are affected, you’re facing court-ordered penalties, and your [criminal record](https://www.odekirklaw.com/can-you-expunge-a-criminal-record-in-illinois/) now includes a conviction that won’t simply disappear. First, let’s be clear about something many people don’t realize: Illinois treats your court case and your driving privileges as two separate matters. Even if you resolve your [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) quickly, your license issues are handled through the Secretary of State’s office, a completely different process with its own timeline and requirements. Immediately following conviction, you can expect: - **Statutory Summary Suspension**: If you failed or refused chemical testing at the time of arrest, your license was likely already suspended before conviction. A first-time offender who failed testing faces a 6-month suspension: refusing the test triggers a 12-month suspension. - **Court-ordered suspension or revocation**: The conviction itself brings additional license consequences on top of any summary suspension. - **Mandatory reporting**: Your conviction is reported to the Secretary of State and becomes part of your permanent driving record. For many people, the shock comes when they realize these consequences stack. You don’t serve one and skip the other. ### License Suspension and Revocation Periods Understanding the difference between suspension and revocation is critical. A suspension has a defined end date, once that period passes (and you meet any requirements), your license can be restored. Revocation is different. Once the State of Illinois [revokes your driver’s license,](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) there is no automatic reinstatement of your driving privileges. That’s worth repeating: revocation means you must actively petition for reinstatement. Your [license won’t simply come back](https://www.odekirklaw.com/a-driving-force-to-get-your-license-back/) to you after waiting a certain period. Here’s how license consequences typically break down by offense: - **First DUI conviction**: Minimum 1-year license revocation - **Second DUI conviction**: Minimum 5-year revocation (or longer if prior convictions exist within 20 years) - **Third DUI conviction**: Minimum 10-year revocation - **Fourth or subsequent conviction**: Lifetime revocation These are minimums. Aggravating factors, like having a minor in the vehicle, causing an accident, or having an extremely high BAC, can extend these periods significantly. During revocation, driving without a valid license is a serious [criminal offense](https://www.odekirklaw.com/do-i-need-a-criminal-attorney-for-online-offenses/) that will only compound your problems. We’ve seen clients make this mistake, thinking they can risk short trips. It’s not worth it. ## Criminal Penalties and Sentencing Beyond your license, a DUI conviction carries criminal penalties that vary based on the circumstances of your case and your prior record. A first-time DUI in Illinois is typically [charged as a Class A misdemeanor](https://www.odekirklaw.com/charged-with-misdemeanor/), carrying up to one year in jail and fines up to ,500. Most first-time offenders won’t serve significant jail time, but the threat is real, and judges have broad discretion in sentencing. Subsequent offenses escalate quickly: - **Second DUI**: Class A misdemeanor with mandatory minimum 5 days in jail or 240 hours of community service - **Third DUI**: Aggravated DUI, charged as a Class 2 felony with 3-7 years potential prison time - **Fourth DUI**: Class 2 felony with 3-7 years, and you’re facing the very real possibility of extended prison sentences Certain aggravating factors can elevate even a first offense to felony status. These include DUI causing great bodily harm, DUI while driving on a [suspended or revoked license,](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) and DUI with a child passenger under age 16. ### Fines, Fees, and Financial Obligations The financial impact of a DUI conviction catches many people off guard. The statutory fines are just the beginning. Here’s a realistic breakdown of what you might pay: - **Court fines**: $500–$2,500 for misdemeanor DUI (substantially higher for felonies) - **Court costs and fees**: Often $500–$1,000 or more - **DUI program fees**: Mandatory alcohol/drug evaluation and education programs run $200–$500+ - **Reinstatement fees**: $500 to reinstate a revoked license - **BAIID costs**: If required to install a Breath Alcohol Ignition Interlock Device, expect $80–$100 monthly plus installation fees - **SR-22 insurance**: High-risk insurance requirements dramatically increase your premiums (more on this below) When we add everything up, a first-time DUI conviction in Illinois commonly costs between $10,000 and $25,000 when you factor in legal fees, insurance increases, lost wages, and all associated costs. Repeat offenses cost substantially more. Courts may also order restitution if your DUI caused property damage or injuries. This amount is plus to everything else and is determined based on actual damages. ## Reinstating Your Driver’s License After a DUI Having a [revoked driver’s license](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) makes your daily living extremely difficult and can hamper both your family and work life. We see this reality every day with our clients, the inability to drive affects everything from getting to work to picking up your kids from school. The good news: reinstatement is possible. The challenging news: it requires patience, preparation, and a thorough understanding of what the Secretary of State expects. Reinstatement in Illinois isn’t a simple application process. You must request a formal hearing before the Secretary of State, where a hearing officer will evaluate whether you’ve demonstrated the rehabilitation necessary to safely return to the roads. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless clients through this process. We schedule the administrative hearing with the Secretary of State, prepare you for the questions you’ll be asked, assist you in presenting yourself to the hearing officer, and work diligently toward convincing the Secretary of State to restore your driving privileges. ### Mandatory Requirements for Reinstatement Before you can even request a hearing, you must complete several mandatory requirements: **1. Complete a drug and alcohol evaluation** You’ll need an evaluation from a licensed provider classified by the Division of Alcoholism and Substance Abuse (DASA). This evaluation determines whether you need treatment and what level. **2. Complete all recommended treatment** Whatever treatment the evaluation recommends, whether education classes, outpatient counseling, or inpatient treatment, must be completed before your hearing. **3. Serve the minimum revocation period** You cannot apply for reinstatement until your minimum revocation period has passed. **4. Obtain proof of financial responsibility** You’ll need an SR-22 form filed with the Secretary of State, proving you have the required insurance coverage. **5. Pay the reinstatement fee** Currently 0 for [revoked licenses](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) in Illinois. Even after meeting all requirements, approval isn’t guaranteed. The hearing officer will evaluate your testimony, supporting documentation, letters of support, and overall evidence of rehabilitation. They’re looking for genuine change, not just someone who checked boxes. Before full reinstatement, many people first obtain a Restricted Driving Permit (RDP). This permit allows limited driving, typically for work, school, medical appointments, and alcohol treatment, while demonstrating you can drive responsibly. An RDP usually requires a BAIID device in your vehicle. We understand how important your driving rights are to you, and we work to put you in the best position to succeed in your [driver’s license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/) hearing. ## Impact on Your Insurance and Driving Record Here’s a reality check: your insurance rates are going to increase. Substantially. Illinois requires anyone seeking license reinstatement after a DUI to file an SR-22 form, which is a certificate of financial responsibility proving you carry the state-minimum liability insurance. You’ll need to maintain SR-22 coverage for three years after reinstatement. The SR-22 itself isn’t expensive, filing fees are typically under $25. But here’s the catch: once your insurer knows you have a DUI conviction, your premiums will spike. Most Illinois drivers see increases of 50-200% or more. Some insurers won’t cover you at all, forcing you to seek coverage from high-risk specialty providers. Expect to pay these elevated rates for at least three to five years, sometimes longer. Insurance companies in Illinois can consider DUI convictions for rating purposes for up to five years, and many do. Your driving record, maintained by the Secretary of State, will show your DUI conviction permanently. Illinois does not [expunge or seal DUI convictions from driving records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). This means: - Any future traffic stop will reveal your DUI history to officers - Insurance companies will see it when you apply for coverage - Employers who check driving records will find it Multiple DUI convictions within specific timeframes compound the penalties. Illinois uses a “lookback” period, if you have prior DUI convictions within 20 years, each subsequent offense carries harsher penalties. The permanent nature of this record is why taking every possible step toward rehabilitation and safe driving matters. You can’t erase the past, but you can demonstrate genuine change moving forward. ## Long-Term Effects on Employment and Background Checks A DUI conviction can create professional obstacles you might not anticipate. The degree of impact depends largely on your field and the nature of your work. **Jobs requiring driving**: If your position involves operating a vehicle, delivery driver, sales representative, [commercial driver](https://www.odekirklaw.com/commercial-drivers-license-attorney/), a DUI conviction can be devastating. Many employers have zero-tolerance policies for DUI convictions. CDL holders face particularly severe consequences, including disqualification from commercial driving. **Professional licenses**: Certain licensed professions in Illinois require disclosure of criminal convictions. This includes nurses, teachers, attorneys, [real estate](https://www.odekirklaw.com/need-real-estate-lawyer/) agents, and many others. A DUI conviction doesn’t automatically disqualify you, but it may trigger review by licensing boards and require explanation. **Background checks**: Most employers conduct background checks, and a DUI conviction will appear. While many employers evaluate candidates holistically, some have blanket policies against hiring individuals with criminal convictions. **Security clearances**: If your job requires federal security clearance, a DUI conviction must be reported and can affect your clearance status. One important distinction: under Illinois law, a first-time misdemeanor DUI cannot be [expunged or sealed from your criminal record](https://www.odekirklaw.com/why-you-should-get-your-criminal-record-expunged/). This means it remains visible on background checks indefinitely. Felony DUI convictions are similarly permanent. That said, the practical impact often diminishes over time. An isolated DUI conviction from several years ago, with no subsequent issues, is viewed very differently than a recent conviction or a pattern of alcohol-related offenses. Many of our clients successfully maintain their careers and even advance professionally after a DUI conviction, it requires transparency, demonstrated rehabilitation, and often some difficult conversations with employers. If you’re concerned about how a DUI conviction might affect your specific employment situation, we’re happy to discuss your circumstances. Our [attorneys understand the interplay between criminal](https://www.odekirklaw.com/criminal-defense-attorney/) convictions and professional licensing requirements in Illinois. ## Conclusion A DUI conviction in Illinois brings serious consequences, there’s no sugarcoating that. From immediate license revocation to long-term effects on employment and insurance, the impact touches nearly every aspect of your life. But here’s what we want you to take away from this: these consequences are manageable with the right approach and proper guidance. Understanding the process, the timeline for reinstatement, the requirements you must meet, and the hearings you’ll face, puts you in control. The most important steps you can take right now: 1. **Don’t drive on a revoked license**. The penalties for this offense will make your situation dramatically worse. 2. **Complete your evaluation and treatment promptly**. The sooner you start, the sooner you’re eligible for reinstatement. 3. **Document your rehabilitation**. Keep records of everything, treatment completion, support group attendance, and positive life changes. 4. **Get experienced legal help for your reinstatement hearing**. The Secretary of State hearing is your opportunity to regain your driving privileges. Don’t face it unprepared. At O’Dekirk, Allred & Rhodes, LLC in Joliet, we’ve helped countless clients navigate life after a DUI conviction. Many of our attorneys are former prosecutors who [understand both sides of Illinois criminal law](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/). We know the local court system, we know what the Secretary of State looks for in reinstatement hearings, and we know how to position our clients for success. Your privilege to drive is essential. If you’re ready to start working toward getting your [license back](https://www.odekirklaw.com/a-driving-force-to-get-your-license-back/), or if you have questions about any aspect of your DUI case, we’re here to help. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer --- ### [Why Experience Matters in Serious Felony Cases](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/) **Published:** January 2, 2026 **Author:** O'Dekirk Law **Excerpt:** Why experience matters in serious felony cases: Learn how seasoned defense attorneys build stronger strategies, negotiate better outcomes, and protect your future. **Content:** If you’re facing serious felony charges in Joliet or anywhere in Will County, you already know the stakes are high. A conviction can mean years in prison, thousands in fines, and a permanent record that follows you for the rest of your life. But what you might not realize is just how much the experience of your defense attorney can change everything. At O’Dekirk Allred & Rhodes, LLC, we’ve seen firsthand how the right legal team can make the difference between a devastating conviction and a favorable outcome. Many of our lawyers are former prosecutors who understand exactly how the other side builds their case. That perspective, combined with decades of trial experience in the local court system, gives us a significant advantage when defending clients against felony charges. So why does experience matter so much in serious felony cases? Let’s break it down. ## Key Takeaways - Experience matters in serious felony cases because convictions carry life-altering consequences, including prison time, fines, and permanent barriers to employment and housing. - Former prosecutors bring invaluable insider knowledge, allowing defense attorneys to anticipate the state’s strategy and identify weaknesses in their case. - Familiarity with local court systems, judges, and procedures gives experienced attorneys a significant advantage in Will County felony cases. - Effective plea negotiations require credibility and reputation—prosecutors offer better deals when they know a defense team is prepared to win at trial. - Skilled defense attorneys know how to challenge complex evidence, including DNA analysis, forensic testing, and expert witness testimony. - Choosing the right legal representation protects not just your immediate freedom but your long-term future, career, and opportunities. ## Understanding the Stakes in Felony Prosecutions Felony charges aren’t something you can brush off or hope will go away. In Illinois, felonies are classified from Class 4 (the least severe) to Class X and first-degree murder (the most severe). Even a Class 4 felony can carry up to three years in prison and fines up to $25,000. Class X felonies? You’re looking at six to thirty years behind bars. But prison time is just the beginning. A felony conviction in Joliet or anywhere in Illinois means: - **Loss of voting rights** while incarcerated - **Prohibition on firearm ownership** - **Difficulty finding employment** since most employers run background checks - **Housing barriers** as many landlords reject applicants with felony records - **Professional license restrictions** that can end careers in nursing, law, education, and more - **Immigration consequences** for non-citizens, including deportation These aren’t hypothetical concerns. They’re real consequences that affect real people in our community every day. We’ve worked with clients in Manteno, Wilmington, and Morris who thought a felony charge would blow over, only to realize too late how it affected their ability to provide for their families. The bottom line is this: when you’re facing charges that can alter the entire trajectory of your life, you need attorneys who have handled these situations before. You need lawyers who know what works and what doesn’t, who understand the local prosecutors, and who can navigate the Will County court system effectively. ## How Legal Experience Shapes Case Strategy Experience isn’t just about having seen a lot of cases. It’s about understanding patterns, knowing what defenses succeed with particular judges, and recognizing opportunities that less [experienced attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) might miss entirely. When we take on a serious felony case, we’re not starting from scratch. We draw on years of handling similar charges to develop a strategy tailored specifically to your situation. We know which arguments resonate in Will County courtrooms. We understand how different [prosecutors approach cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). And because many of our attorneys spent years as prosecutors themselves, we know exactly how the state builds its case against you. That insider knowledge is invaluable. It means we can anticipate the prosecution’s moves before they make them. ### Knowledge of Court Systems and Procedures Every court system has its own rhythm, its own unwritten rules, and its own procedural quirks. What works in Cook County might not work the same way in Will County. An [attorney who practices regularly in Joliet understands the local](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) rules, the judges’ preferences, and the procedural deadlines that can make or break a case. This isn’t trivial stuff. A missed filing deadline can waive important rights. A poorly timed motion can damage your credibility with the court. And knowing which procedural tools are most effective with local judges can help us suppress evidence, challenge improper charges, or even seek dismissal before trial. Our team has deep roots in this community. We’ve practiced in these courtrooms for years and built relationships based on professionalism and trust. That familiarity with the local court system gives our clients a genuine advantage. ### Building Effective Defenses Through Investigation A strong defense doesn’t just happen. It’s built through careful investigation that starts the moment you retain counsel. Experienced felony [defense attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) know exactly where to look for weaknesses in the prosecution’s case. We review police reports with a critical eye, looking for procedural violations, constitutional issues, and gaps in the evidence. We interview witnesses, obtain surveillance footage, and gather records that the police may have overlooked or ignored. We also know when to bring in experts. Whether it’s a forensic specialist who can challenge DNA evidence or a digital expert who can analyze electronic records, we understand what kind of testimony will be most persuasive to a jury. Maybe most importantly, [experienced attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) know how to expose flaws in police work. Did the officers have probable cause for the stop? Was the search legal? Were your Miranda rights properly read? These aren’t technicalities. They’re constitutional protections that can lead to evidence being thrown out and charges being reduced or dismissed. ## Negotiation Skills and Plea Bargaining Expertise Here’s something most people don’t realize: the vast majority of [criminal cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) never go to trial. They’re resolved through plea negotiations. That doesn’t mean plea bargaining is giving up. Done right, it can be a strategic tool that protects you from the worst possible outcomes. But effective plea negotiation requires experience and credibility. Prosecutors know which [defense attorneys](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) are serious and which ones are just going through the motions. When you’re represented by a firm with a strong reputation for taking cases to trial and winning, prosecutors are more likely to offer favorable deals. They know that if negotiations break down, they’ll face tough opposition in court. At O’Dekirk Allred & Rhodes, LLC, our reputation in the local legal community speaks for itself. We’re so trusted that police officers and firefighters regularly hire us when facing their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/). That reputation gives us leverage at the negotiating table. Experience also helps us evaluate plea offers realistically. We can tell you whether a deal is genuinely good or whether you’d be better off taking your chances at trial. We understand sentencing ranges, prior-record enhancements, and the collateral consequences that might not be obvious at first glance. And we can often negotiate for alternatives to incarceration, such as probation, treatment programs, or reduced charges that won’t carry the same long-term impact on your life. For clients in Joliet, Manteno, Wilmington, and Morris, this kind of informed advocacy can make all the difference. ## Courtroom Presence and Trial Readiness Some cases need to go to trial. When that happens, you want attorneys who are genuinely comfortable in the courtroom, not lawyers who settle everything because they’re afraid of facing a jury. Trial work is a skill that takes years to develop. It requires quick thinking, the ability to read a jury, and the confidence to challenge witnesses under pressure. Cross-examination isn’t just about asking questions. It’s about knowing which questions to ask, when to push harder, and when to back off. It’s about controlling the narrative and exposing inconsistencies in the prosecution’s story. Our attorneys have extensive trial experience. We’ve selected juries, delivered opening statements, cross-examined hostile witnesses, and presented closing arguments that changed outcomes. We know how to present evidence in a way that tells your story persuasively. And we know how to challenge the prosecution’s experts without losing the jury’s attention. Being trial-ready also affects what happens outside the courtroom. Prosecutors can tell when a [defense attorney](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) is prepared to go the distance. That preparation creates pressure that often leads to better plea offers or even case dismissals. When the prosecution knows you have a skilled trial team behind you, they’re less likely to overreach with charges or lowball settlement offers. In serious felony cases, there’s simply no substitute for attorneys who have actually tried cases and won. ## Managing Complex Evidence and Expert Witnesses Serious felony cases often involve technical evidence that can be difficult for juries to understand. DNA analysis, digital forensics, financial records, toxicology reports, ballistics testing. These are all areas where the prosecution will bring in experts to make their case. Without [experienced defense](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) counsel, this evidence can seem overwhelming and unassailable. But seasoned attorneys know that expert testimony is often more vulnerable than it appears. We know how to challenge the methodology behind forensic testing. We understand chain of custody requirements and how breaks in that chain can undermine evidence. We know which questions to ask that expose the limitations of DNA analysis or the assumptions built into financial forensics. We also know when our clients need their own experts. Sometimes the best response to prosecution testimony is presenting counter-evidence from a qualified specialist who can explain alternative interpretations or highlight weaknesses in the state’s case. Handling complex evidence effectively requires a combination of technical knowledge, courtroom skill, and experience working with expert witnesses. It’s not something you can learn from a textbook. It comes from years of actually litigating these issues in front of judges and juries. For felony cases involving drugs, weapons, financial crimes, or violent offenses, this expertise can be decisive. ## The Long-Term Impact of Choosing the Right Representation We’ve talked about prison time, fines, and losing rights. But the impact of a felony conviction extends far beyond the immediate legal consequences. Think about what happens five years from now. Ten years from now. That conviction will still show up on background checks. You’ll still have to check the box on job applications. You’ll still face restrictions that others don’t have to deal with. Effective legal representation isn’t just about avoiding the worst-case scenario today. It’s about protecting your future. A dismissal means no record at all. An acquittal means you walk away clean. Even a reduction from a felony to a misdemeanor can dramatically change what opportunities remain available to you. We’ve represented clients who were facing years in prison and helped them avoid conviction entirely. We’ve negotiated plea agreements that kept felonies off records and preserved careers. And we’ve won trials that seemed unwinnable at the outset. Every case is different, and we can’t guarantee any particular outcome. But we can guarantee that we’ll bring decades of experience, in-depth knowledge of Illinois law, and relentless commitment to every client we represent. That’s what you deserve when your future is on the line. ## Conclusion Facing serious felony charges is one of the most stressful experiences anyone can go through. The uncertainty, the fear, the potential consequences. It’s overwhelming. But you don’t have to face it alone, and you don’t have to settle for inexperienced representation. Experience matters in serious felony cases because the stakes are too high for learning curves. You need [attorneys who understand the local](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) court system, know how to build effective defenses, can negotiate from a position of strength, and are ready to fight for you at trial if necessary. At O’Dekirk Allred & Rhodes, LLC, we bring all of that to the table. Our team includes former prosecutors who know exactly how the state approaches felony cases. We’ve built our reputation on intelligent, aggressive representation and positive results. And we’re committed to every client who walks through our door. If you or someone you love is facing felony charges in Joliet, Manteno, Wilmington, Morris, or anywhere in the surrounding area, don’t wait to get experienced legal help. Contact our office today for a consultation. When it comes to one of the most important days in your life, rely on attorneys with the experience to give you the best chance at a favorable outcome. ## Frequently Asked Questions ### Why does experience matter in serious felony cases? Experience matters in serious felony cases because seasoned attorneys understand local court procedures, know how prosecutors build cases, and can identify defense strategies that work. They anticipate the prosecution’s moves, negotiate effectively, and are prepared to go to trial when necessary—skills that directly impact case outcomes. ### What are the consequences of a felony conviction in Illinois? A felony conviction in Illinois can result in prison time ranging from one to thirty years depending on the class, fines up to $25,000, loss of voting rights while incarcerated, firearm ownership prohibition, employment difficulties, housing barriers, professional license restrictions, and potential deportation for non-citizens. ### How do former prosecutors help with felony defense? Former [prosecutors bring invaluable insider knowledge to felony defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). They understand exactly how the state builds cases, what evidence prosecutors prioritize, and which strategies are most effective. This perspective allows [defense attorneys](https://www.odekirklaw.com/tips-on-how-to-identify-a-good-criminal-defense-attorney/) to anticipate prosecution tactics and develop stronger counter-strategies. ### What percentage of felony cases go to trial versus plea bargaining? The vast majority of [criminal cases,](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) including felonies, are resolved through plea negotiations rather than trial. However, having attorneys who are genuinely trial-ready creates leverage during negotiations, often resulting in better plea offers or even [case dismissals when prosecutors](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) know they’ll face strong opposition. ### Can evidence be thrown out in a felony case? Yes, evidence can be suppressed if [police violated constitutional protections during investigation](https://www.odekirklaw.com/your-rights-during-a-police-investigation/) or arrest. Experienced [defense attorneys](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) scrutinize whether officers had probable cause, if searches were legal, and whether Miranda rights were properly administered. Successful challenges can lead to reduced charges or case dismissal. ### How do I choose the right attorney for a serious felony charge? Look for [attorneys with extensive trial experience in your local court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) system, a track record handling similar charges, and familiarity with local prosecutors and judges. Former prosecutors often bring valuable perspective. A strong reputation in the legal community can also provide leverage during plea negotiations. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Felony --- ### [How to Get Your License Reinstated After a DUI in Illinois](https://www.odekirklaw.com/get-license-reinstated-dui-illinois/) **Published:** April 24, 2017 **Author:** O'Dekirk Law **Content:** [![How to Get Your License Reinstated After a DUI in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/dui-215x300.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/dui.jpg)You need to be able to drive, so if you want to know how to get your license reinstated after a DUI in Illinois, contact [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/index.html). Did you know in Illinois, if your driver’s license is revoked, there is no automatic reinstatement of your driving privileges? We understand the license reinstatement process and can help you get a restricted driver’s permit and then your driver’s license back. If you are convicted of driving under the influence the Secretary of State is required to revoke your [driver’s license](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/). Once your license is revoked, you can only get your license back through the Formal Administrative Hearing office at the Secretary of State. The hearing process is not easy. You will be asked questions about your past and your [DUI arrests](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) as well as your current and past alcohol and drug usage. That’s why it helps to have one of our attorneys on your side. At your hearing, you will be required to submit evaluations, treatment documents, even letters from witnesses who can attest to your character and/or behavior. The Secretary of State will look at your arrest reports, tickets, driving record, and court disposition sheets from your DUIs. You will be placed under oath and have to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) about what’s in these documents. **Formal and Informal Hearings** There are informal and formal hearings for [license reinstatement](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html). If you’ve only had one DUI, you can have an informal or a formal hearing, but if you’ve had two or more DUIs, or an offense involving a fatality, you must have a formal hearing. While each [case is unique and laws](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) may change, let’s take a look at some of the basics. **Basics of an Informal Hearing** - Available on a walk-in basis, no appointment needed - You will be required to fill out several documents, then wait to be called - There is only the Hearing Officer, you and your [DUI defense attorney](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) present - There is no record of the hearing, therefore you will not be able to appeal - The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision - You will receive an official Order within 90 days - You may be denied, granted a restricted driving permit or be eligible for reinstatement - You must wait 30 days if you are denied and want another hearing **Basics of a Formal Hearing** - It requires a written request to the Secretary of State and filing fee - A written notice will be sent to you with the date and time of the hearing - Depending on your risk level (see below) a variety of documentation is required - An Administrative Judge, employed by the Secretary of State, conducts the hearing. An SOS prosecutor will also be present. - A Hearing Officer will administer oaths, possibly ask you questions, rule on motions and evidence, then provide the state with ruling recommendations - The hearing is tape-recorded, which also means you may file an appeal if necessary - All evidence/documentation will be submitted and testimonies will be heard - The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision - You will receive an official Order in 4-8 weeks - You may be denied, granted a restricted driving permit or be eligible for reinstatement - You must wait 4 months if you are denied and want another hearing **Risk Classification Levels** When it comes to how to [get your license reinstated after a DUI](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) in Illinois, these classification levels will have bearing on your hearing, including documentation required, and all steps you’ll need to take to be eligible to have your license reinstated in some format. **Level I Minimal Risk** - Only one DUI arrest – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI - Took the breath test and registered a BAC under 0.15 - Show no other signs of alcohol abuse or dependence Requirements - Completion of a 10-hour Driver Risk Education (DRE) course. **Level II *Moderate* Risk** - Only one DUI conviction – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI - A BAC of 0.15 to 0.19 or refused to take the breath test on their first DUI - Show no other signs of alcohol abuse or dependence Requirements - Completion of the DRE course - At least 12 hours of alcohol counseling **Level II *Significant* Risk** - At least one prior DUI conviction or court-ordered supervision or statutory summary suspension or one prior reckless driving conviction reduced from DUI - Register .20 or higher on the blood or chemical breath test (breathalyzer) Requirements - Completion of the DRE course - At least 20 hours of alcohol counseling - 1-3 months of aftercare monitoring **Level III High Risk, *Dependent*** - 3 DUI arrests in the last 10 years from current DUI - Signs of alcohol abuse and/or dependence Requirements - Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment - Prove that for at least the last 12 months before the hearing, you have not used ANY alcohol and illegal drug - Prove establishment of an ongoing support/recovery program like Alcoholics Anonymous (AA) or other documented program **Level III High-Risk, *Non-Dependent*** - 3 DUI arrests in the last 10 years from current DUI - Less than three signs of alcohol abuse and/or dependence Requirements - Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment - Prove “non-problematic” alcohol/drug use for at least the last 12 months before hearing - Submit a provider report ruling out dependence and alternative cause for behavior **Types of Restricted Driving Permits (RDP)** Instead of making your eligible to [reinstate your license,](https://www.odekirklaw.com/drivers-license-reinstatement/) the Secretary of State may issue you a restricted driving permit that allows you to drive certain places, including: - To and from work - Support/recovery meetings such as AA or classes - Scheduled medical appointments for you and family members - School (including daycare) for you and family members A driver’s [license revoked](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) for a DUI makes daily living extremely difficult and can hamper both your family and work life. Let our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/index.html) guide you through the process of how to get your license reinstated after a DUI in Illinois. We understand how important your driving rights are to you and will put you in the best position to succeed at your [driver’s license reinstatement hearing](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html). Our goal is to get your life back on track. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Drivers License Reinstatement Attorney Joliet](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/) **Published:** March 7, 2016 **Author:** O'Dekirk Law **Content:** ![]() When you lose your driver’s license, you’re grounded. If you’ve had your driver’s license revoked, you need to get it back, so your life can go on. You need a [drivers license reinstatement attorney in Joliet](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) to help you. What you need to know is that once the state of Illinois [revokes your driver’s license,](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) there is no automatic reinstatement of your driving privileges. You must take action. That’s where we can help. We know what to do. At O’Dekirk, Allred & Associates, their [drivers license reinstatement attorney in Joliet](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) has years of experience in this area and can help you obtain a restricted driver’s permit and eventually get your driver’s license back. Having a [revoked driver’s license](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) makes your life extremely difficult and can be stressful for both your family and work life. Your O’Dekirk, Allred & Associates’ [drivers license reinstatement attorney in Joliet](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) can help you through the process and get your life back. O’Dekirk, Allred & Associates have weekend and evening office hours for your convenience and offer a free initial consultation so they can learn the details of your case. This is important to know what your options are. The [law firm](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) can schedule an administrative hearing with the Secretary of State, prepare you for the questions you’ll be asked, assist you in presenting yourself to the hearing officer, and desperately work toward convincing the Secretary of State to give you back your driving privileges. Their [drivers license reinstatement attorney in Joliet](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html) understands how important your driving rights are to you. Their legal team will do their best to help you succeed in your driver’s license reinstatement hearing. They are there for you, by your side. Aren’t you sick of being grounded? Take action to get your [driver’s license](https://www.odekirklaw.com/drivers-license-reinstatement/) back! And regain your mobility! ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Drivers License Reinstatement Attorney in Joliet, Drivers License Reinstatement Attorney, Find a Drivers License Reinstatement Attorney Joliet, Search Drivers License Reinstatement Attorney Joliet --- ### [Criminal Law Services at O’Dekirk, Allred & Associates](https://www.odekirklaw.com/criminal-law-services-odekirk-allred-associates/) **Published:** June 22, 2016 **Author:** O'Dekirk Law **Content:** [![Criminal Law Services at ODekirk Allred Associates ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Criminal-Law-Services-at-O’Dekirk-Allred-Associates-1-259x300.jpg "pic9 - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/Criminal-Law-Services-at-O’Dekirk-Allred-Associates-1.jpg)We understand that [criminal charges ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)can lead to severe consequences, such as jail time and a permanent criminal record, that’s why our [criminal law services](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) at O’Dekirk, Allred & Associates will vigorously defend you. The [criminal law services](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) at O’Dekirk, Allred & Associates warns about the consequences of a [conviction ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)which can greatly influence your future and potentially hurt your job prospects. Many of our lawyers in our criminal law services at O’Dekirk, Allred & Associates are former prosecutors and have an in-depth knowledge of the local court system and Illinois law. Coupled with our extensive trial experience, this gives us the power to attain the best possible outcome in your case. Our areas of practice include: [Felonies and Misdemeanors](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), [DUI Defense, ](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html)[Traffic and CDL violations,](https://www.odekirklaw.com/traffic-cdl-defense-attorney-joliet-il.html) [Drug Offenses,](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) and [Juvenile Criminal Record Expungement.](https://www.odekirklaw.com/criminal-record-expungement-joliet-il.html) **Felonies and Misdemeanors** [Misdemeanor sentences ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)can include up to one year in prison and a fine of $2,500. Felony cases can result in prison or probation. Having either a [misdemeanor or felony conviction](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) on your record can negatively affect current and future employment opportunities. Our attorneys in the criminal law services at O’Dekirk, Allred & Associates are former prosecutors who will utilize their extensive skills and experience to achieve the best outcome in your case. All of our [attorneys will review your case](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/), and no detail will be overlooked. We have successfully defended all types of [misdemeanor and felony cases](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), including: [murder, homicide, reckless homicide, sex crimes,](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) domestic battery, domestic violence, aggravated battery, armed robbery, [drug charges,](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) weapons charges, burglary, assault, theft, retail theft, computer crimes, forgery, [internet crimes](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), white collar crimes, DUI, and driving while license revoked. **Drug Offenses** Our criminal law services at O’Dekirk, Allred & Associates will work for you when you are facing a [drug or narcotics-related offense.](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) These crimes can range from drug possession, possession with intent to deliver, manufacturing, and trafficking. Our attorneys have successfully represented many individuals who are [facing drug charges](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html), including marijuana, cocaine, heroin, ecstasy, and crystal meth. Individuals who are facing these charges typically face severe penalties, including incarceration. **DUI Defense** A DUI conviction can lead to the permanent revocation of your [driver’s license,](https://www.odekirklaw.com/drivers-license-reinstatement/) and in some situations, jail time. DUI charges can be very complicated and intricate, as there are many details and procedures that a police officer must handle correctly. While working as prosecutors, several members of the [firm instructed law](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) enforcement on field sobriety testing, breath instrument operation, and report writing. This makes our [DUI defense attorneys](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) uniquely capable off assisting you in your defense. **Juvenile Cases** Our attorneys specializing in criminal law services at O’Dekirk, Allred & Associates can help you if you are facing criminal charges or allegations of abuse and neglect in the household. We understand that such court proceedings not only involve the child, but the family of that child. Several members of the firm are former juvenile prosecutors who are experts at [juvenile law](https://www.odekirklaw.com/juvenile-criminal-laywer-joliet-il.html) and are ready to protect the rights of your family. It is important to know that the procedures and penalties in juvenile court are much different than those in adult court. **[Traffic and CDL Defense ](https://www.odekirklaw.com/traffic-cdl-defense-attorney-joliet-il.html)**Penalties for [traffic violations ](https://www.odekirklaw.com/traffic-cdl-defense-attorney-joliet-il.html)can vary, typically, they are punishable by fine only. However, if any aggravating factors exist, such as speeding more than 30 miles per hour over the speed limit, prosecutors may seek jail time. Our attorneys with the criminal law services at O’Dekirk, Allred & Associates can guide you through the court process and work to achieve the best possible outcome in your case. We understand that your CDL license is often your livelihood. We will do everything we can to protect it. We handle all types of traffic violations, including: speeding, driving with an overweight load, reckless driving, speeding in a construction or school zone, hit and run, leaving the scene, failure to yield, and disregarding a stop sign. **Criminal Record Expungement** Our attorneys can [expunge or seal records of arrests](https://www.odekirklaw.com/criminal-record-expungement-joliet-il.html), even if you pleaded guilty to an offense. Expunging or sealing arrest records as well as supervision [court records helps you protect](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) your livelihood and future employment opportunities. Illinois law does not allow every offense to be expunged. If you’re interested in expunging a record, the criminal law attorneys at O’Dekirk, Allred & Associates will meet with you to determine whether or not you are eligible for expungement. If you are, we will begin the process of getting the case into court and having the [record expunged](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) or sealed. For more information about O’Dekirk, Allred & Associates [visit our website](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) and get in touch with our professional team for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Attorney in Joliet, Best Criminal Defense Attorney, Best Criminal Defense Attorney in Joliet --- ### [Drunk Driving Defense Attorney Joliet](https://www.odekirklaw.com/drunk-driving-defense-attorney-joliet/) **Published:** March 10, 2016 **Author:** O'Dekirk Law **Content:** ![]() A DUI has a huge impact on your life in many ways. Besides the difficulty of the criminal charge, it’s hard to get places when you don’t have a drivers license and you have to depend on public transportation or friends to drive you. You need an experienced and knowledgeable [drunk driving defense attorney in Joliet](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) on your side. The O’Dekirk, Allred & Associates attorneys have represented clients in the the most difficult of cases, including DUI’s. A DUI conviction can lead to the permanent revocation of your [driver’s license,](https://www.odekirklaw.com/drivers-license-reinstatement/) and in some situations, jail time. A DUI is a very serious charge. That’s why you need a good [drunk driving defense attorney in Joliet](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) as soon as possible. The O’Dekirk, Allred & Associates [drunk driving defense attorney in Joliet](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) is incredibly familiar with these procedures and policies. DUI charges can be very complicated and legally challenging, as there are many details and procedures that a police officer must handle correctly. Contact them today for your free consultation to find out more about the complete representation they can provide for you. Weekend and evening appointments are available to fit your schedule. While working as prosecutors, several members of the [firm instructed law](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) enforcement on field sobriety testing, breath instrument operation, and report writing. So they know what needs to be done properly and can spot mistakes. They have everything it takes to give your [case a complete investigation](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) and make sure that your rights are protected. They will fight hard for you, so that one night does not affect the rest of your life. You should not have to [fight this DUI charge](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) alone. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Drunk Driving Defense Attorney Joliet, Drunk Driving Defense Attorney Joliet, Need Drunk Driving Defense Attorney Joliet, Search for Drunk Driving Defense Attorney Joliet --- ### [Back-to-School Co-Parenting Tips for Divorced Parents](https://www.odekirklaw.com/back-school-co-parenting-tips-divorced-parents/) **Published:** April 23, 2026 **Author:** O'Dekirk Law **Content:** The first day of school brings a whirlwind of emotions for any family, but when you’re navigating co-parenting after a divorce, those feelings can intensify. Suddenly, you’re coordinating backpack contents across two homes, figuring out who attends the open house, and wondering if your child’s teacher even knows there are two households involved. Here’s the thing: back-to-school season doesn’t have to become another battlefield. With some intentional planning and clear communication, divorced parents can create a seamless experience that puts their child’s education first. We’ve seen countless families in Joliet and throughout the Southland area work through these challenges, and the ones who thrive are those who approach the school year as a team, even when that team no longer shares the same address. In this guide, we’ll walk through practical strategies for managing school communications, coordinating schedules, maintaining consistent routines, and [supporting your child](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/)‘s emotional wellbeing during this transition. Whether your divorce is recent or you’ve been co-parenting for years, these tips can help make this school year your smoothest yet. ## Establish a Unified School Communication Plan One of the biggest headaches divorced parents face? Missing important school information because it only went to one household. Permission slips get lost, picture day sneaks up unexpectedly, and suddenly you’re the parent who didn’t know about the science fair project due tomorrow. We recommend sitting down, together or via email if that’s more comfortable, to establish exactly how school communications will flow. Start by ensuring both parents are listed as contacts in the school’s system. This isn’t automatic, and many schools default to only one primary contact unless specifically instructed otherwise. Here’s what a solid communication plan should include: - **Duplicate mailings:** Request that the school send physical notices to both households - **Online portal access:** Both parents should have separate login credentials for the school’s parent portal - **Teacher contact:** Introduce yourselves to the teacher early and explain your situation briefly, most educators appreciate knowing upfront - **Information sharing:** Agree on how you’ll share school news with each other (text, email, or a co-parenting app) The goal isn’t to burden the school with your family dynamics. It’s simply ensuring no one gets left out of the loop. When both parents stay informed, children don’t become the messengers, a role that puts unfair pressure on them. If you’re having difficulty getting the school to cooperate with dual communications, know that Illinois law generally [supports both parents’ rights to access their child](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)‘s educational records unless a court order specifies otherwise. Our family [law attorneys](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) at O’Dekirk, Allred & Rhodes can help clarify your rights if you encounter resistance. ## Create a Shared Calendar for School Events Between football games, band concerts, parent-teacher conferences, and early dismissal days, the school calendar can feel like a puzzle with missing pieces. A shared digital calendar removes the guesswork and prevents those awkward moments when both parents show up, or worse, neither does. Google Calendar, Apple’s shared calendars, or dedicated co-parenting apps like OurFamilyWizard all work well. The key is picking one system and sticking with it. Add everything: picture days, field trips, project deadlines, sports practices, and school holidays. Color-coding by [parent responsibility](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) can also help at a glance. Some tips for making shared calendars actually work: - Update it immediately when you receive new information - Include details like times, locations, and whether attendance is expected or optional - Note which parent is “on duty” for each event based on your parenting time schedule - Set reminders for important deadlines When both parents can see the full picture, you avoid double-booking and missed events. Plus, your child benefits from knowing their parents are coordinated, even if they’re living separately. ### Coordinate School Supplies and Expenses Ah, the dreaded school supply list. Twenty-four glue sticks, five boxes of tissues, and somehow always one very specific brand of calculator. The costs add up fast, and without clear communication, you might both buy the same items while other necessities slip through the cracks. Work out a system early. Some co-parents split the list down the middle, with each household responsible for certain items. Others prefer one parent handles the initial shopping and gets reimbursed for half. Either approach works, what matters is that you agree beforehand. For ongoing expenses throughout the year, field trip fees, book fair money, sports equipment, consider these approaches: - Maintain a shared spreadsheet tracking who paid for what - Use payment apps like Venmo or Zelle for quick reimbursements - Build school expenses into your child support discussions if they become contentious Remember that your child shouldn’t have to ask for money or feel caught in the middle of financial disagreements. If school-related expenses are creating ongoing conflict, it may be worth revisiting your [child support](https://www.odekirklaw.com/how-to-calculate-child-support-in-illinois/) arrangement with legal guidance to establish clearer expectations. ## Develop Consistent Routines Across Households Kids thrive on predictability, and that’s especially true during the school year. When bedtimes, morning routines, and screen time rules vary wildly between Mom’s house and Dad’s house, children struggle to settle in, and their academic performance can suffer. We’re not suggesting both households need to be identical. That’s unrealistic, and frankly, kids are adaptable. But certain core routines should remain consistent: - **Wake-up times and bedtimes:** Within 30 minutes of each other on school nights - **Morning routines:** Breakfast expectations, getting-ready timelines - **After-school structure:** When assignments happens, how much downtime before responsibilities - **Device policies:** Screen time limits during the school week Discuss these with your co-parent before school starts. You don’t need to agree on everything, but finding common ground on the big stuff makes transitions between homes smoother for everyone, especially your child. ### Assignments and Study Expectations Assignments battles are exhausting under any circumstances. Add in two different households with potentially different standards, and you’ve got a recipe for frustration. Align on the basics: - Where does assignments happen? (Dedicated space vs. kitchen table) - Can your child use devices for assignments, or are they too distracting? - How much help is appropriate before it becomes doing the work for them? - What happens if assignments isn’t completed? If one [parent is more hands-off and the other more involved,](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) find middle ground. The goal is that your child knows what’s expected regardless of which home they’re in that night. Also discuss how you’ll handle larger projects. If a science fair project is due Friday but your child spends Monday through Wednesday at one home and Thursday through Friday at the other, planning ahead prevents last-minute panic. The shared calendar we mentioned earlier? This is exactly why it matters. ## Navigate Parent-Teacher Conferences and School Involvement Parent-teacher conferences can feel loaded for divorced families. Do you attend together? Separately? Does one parent go while the other stays home? There’s no single right answer, but we encourage parents to consider what serves their child best. If you can sit in the same room civilly and focus on your child’s progress, attending together sends a powerful message, both to your child and their teacher, that you’re a united front when it comes to education. If tensions are too high for joint attendance, request separate conference times. Most teachers will accommodate this, though it does require more of their time. Be respectful of that, and come prepared with specific questions rather than rehashing the same ground twice. Beyond conferences, think about other school involvement: - **Volunteering:** Can you coordinate so both parents get opportunities without overlap? - **School events:** Who attends the holiday concert? Can you both go without creating tension? - **Communication with teachers:** Agree that neither parent will badmouth the other to school staff Your child’s school should feel like neutral territory, a place where they can focus on learning without worrying about family dynamics spilling over. ## Support Your Child’s Emotional Adjustment Let’s be honest: back-to-school is emotionally complicated for children of divorce. They’re managing new teachers, new classmates, and new academic pressures while also navigating life between two homes. Some kids sail through it. Others struggle more than they let on. Watch for signs that your child needs extra support: - Changes in sleep patterns or appetite - Declining grades or lost interest in school - Reluctance to talk about their day - Increased anxiety around transitions between homes - Acting out at school or home Create space for your child to share their feelings without judgment. And here’s the hard part: don’t pump them for information about the other household or use school conversations as an opportunity to criticize your co-parent. Kids are perceptive. They know when they’re being put in the middle, and it erodes their trust. If your child is really struggling, consider involving a school counselor or outside therapist who specializes in children of divorce. Sometimes kids open up more easily to a neutral third party. Remember that your own emotions matter too. If co-parenting during the school year feels overwhelming, you’re not alone. Many parents find it helpful to work with a family [law attorney](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) to clarify parenting time arrangements or modify existing agreements when circumstances change. At O’Dekirk, Allred & Rhodes, we understand that family is the most important thing in your life, and we’re here to help you navigate these complex situations. ## Handle Schedule Changes and Extracurricular Activities Your parenting schedule looked perfect on paper, until soccer practice moved to Tuesdays, drama club rehearsals started running late, and the school added a new after-school tutoring program. Real life rarely cooperates with custody agreements. Flexibility is essential, but so are boundaries. Here’s how to handle the inevitable schedule disruptions: **When activities conflict with parenting time:** - Discuss new activities before signing up, not after - Consider whether the activity benefits your child enough to justify schedule adjustments - Be willing to trade days occasionally rather than fighting over every hour **When unexpected changes arise:** - Communicate as early as possible, not the morning of - Propose solutions rather than just presenting problems - Keep written records of agreed-upon changes **When you can’t agree:** - Refer back to your parenting plan for guidance - Consider mediation before escalating to court - Document everything in case disputes continue Extracurricular activities are particularly tricky because they often require significant [parental involvement,](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) driving to practices, attending games, paying fees. Work out in advance who handles what, and try to see these activities as opportunities for your child rather than inconveniences to your schedule. If schedule conflicts become a recurring source of tension, it might be time to revisit your parenting time arrangement. Life changes, kids’ needs evolve, and agreements that worked three years ago may need updating. Our attorneys at O’Dekirk, Allred & Rhodes have extensive experience helping [families modify parenting plans](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/) to better reflect their current realities. ## Conclusion Co-parenting through the school year isn’t always easy, but it’s absolutely manageable with the right approach. The common thread through all these tips? Communication and putting your child’s needs at the center of every decision. Your kids don’t need perfect co-parents. They need parents who can work together well enough that school feels like a safe, stable place to learn and grow. When you establish clear communication systems, coordinate schedules, maintain consistent expectations, and [support your child](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) emotionally, you’re giving them exactly that. Will there be hiccups? Of course. Missed emails, scheduling mix-ups, and occasional disagreements are part of the territory. What matters is how you handle them, with grace, flexibility, and a commitment to working things out rather than letting conflicts fester. If you’re facing ongoing challenges with your co-parenting arrangement, whether it’s disputes over parenting time, school involvement, or [child support](https://www.odekirklaw.com/child-support-calculated-illinois/) related to educational expenses, we’re here to help. At O’Dekirk, Allred & Rhodes in Joliet, our [experienced family law attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) can guide you through modifications, mediations, or whatever legal support you need to make co-parenting work. Contact us today for a free consultation, and let’s work together toward the best possible outcome for your family. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Lawyers --- ### [New Illinois Law Makes Changes in Investigation, Prosecution of Rape Cases](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) **Published:** October 22, 2016 **Author:** O'Dekirk Law **Content:** [![New Illinois Law Makes Changes in Investigation Prosecution of Rape Cases ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/FBLinkSizeNewLaws-300x157.png "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/FBLinkSizeNewLaws.png)To best serve our clients, our attorneys at [O’Dekirk, Allred and Associates in Joliet ](https://www.odekirklaw.com/)are always on top of the [latest changes in criminal laws](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html). Today, we’d like to tell you about a new Illinois law that makes changes in investigation and prosecution of rape cases. This legislation strengthens the rights of [sexual assault victim](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)s and was signed into law by Governor Bruce Rauner. An article in the [Daily Egyptian](http://dailyegyptian.com/56915/news/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) provides some statistics. Studies show that one in five American women and one in 33 American men will have been a victim of [rape or an attempted rape ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)sometime in their lives. It is estimated that 43 percent of lesbian and bisexual women and 30 percent of gay and bisexual men will be sexually assaulted in their lifetimes. The article states that the new law provides victims of sexual assault stronger protections during the [evidence collection process](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) and ensures transfer of evidence from hospital to police in a timely manner. It also enables the state to hire forensic scientists to analyze evidence and addresses the decade-long rape kit backlog at state crime labs. Illinois Attorney General Lisa Madigan spearheaded these changes after a [Belleville News-Democrat](http://media.bnd.com/static/media/VOT/index.html) investigative report in February 2015 called [Violation of Trust](http://media.bnd.com/static/media/VOT/index.html) found sex crime perpetrators were often not charged for their crimes. This report compared the number of sexual assault and abuse cases reported to police with the number of cases filed by prosecutors across 32 counties in southernmost Illinois from 2005 to 2013. Using this data, it was found that 70 percent of sex crimes never made it to a courtroom. The *Violation of Trust* report found that thousands of women, teenage girls, and children in the 32-county area of Southern Illinois told law enforcement they were [sexually violated ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)by someone they trusted like a family member, friend, or ex-boyfriend. However, authorities did not prosecute seven out of 10 of these sex crime suspects from 2005-2013. This was despite the fact that the victims were able to identify their attackers 95 percent of the time. The report also mentions that while the national debate has focused on rape on college campuses and in the military, a review of more than 1,000 police reports and 15,000 pages of court records showed that a failure to bring [sex crime suspects ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)to court was common throughout Southern Illinois during the nine-year period ending in 2013 that was studied. Since the [Belleville News-Democrat ](http://media.bnd.com/static/media/VOT/index.html)story was published, a task force was formed by the attorney general and referred to as the Sexual Assault Working Group. This group helped push the bill through the legislature. The goal of the bill was to remedy the fact that most sexual assault victims don’t report their crimes to police. The working group, led by Attorney General Madigan, Cook County State’s Attorney Anita Alvarez, Brendan Kelly and Illinois Coalition Against Sexual Assault Executive Director Polly Poskin, created the legislation, which was sponsored by Senator Scott Bennett, D-Champaign, and Representative Emily McAsey, D-Lockport. The attorney general said the working group spent over a year looking at how the Illinois criminal justice system can better respond and investigate to support [sexual assault survivors. ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)She said the new law requires not only specialized training but specific protocols for sexual assault crimes. At the heart of the bill are victim-centered policies and sexual assault response training for police and first responders, including 911 operators. The goals of the law seek to encourage survivors to report the crimes and to provide a more appropriate response to survivors. Illinois Coalition Against Sexual Assault Executive Director Polly Poskin agrees that focusing on training 911 operators, first responders, and law enforcement will improve their response to survivors of [rape and sexual assault.](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) **Under the new law**: - Police and dispatchers will put into place evidence-based, trauma-informed, victim-centered policies governing responses to sexual assault. - Police officers will complete written reports of every sexual assault, regardless of who is reporting the crime and where it occurred. - Victim-sensitivity training is provided for police investigators, first-responders, and 911 operators. - Victims are entitled to updates on the status of testing of sexual assault evidence. Illinois State Police are required to respond to status requests unless it will compromise the investigation. - The time period given to victims to consent to testing of their [sexual assault forensic evidence ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)is extended from 14 days to five years after the assault. Victims who are minors will have five years from their 18th birthday to consent to testing the evidence. In the Daily Egyptian article, the St. Clair County State’s Attorney Brendan Kelly, a member of the Sexual Assault Working Group said that the new law was the first step in holding [sexual assault offenders ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)accountable, supporting the needs of survivors, and prosecuting cases so that justice is served. This legislation was sponsored by Senator Scott Bennett, D-Champaign who was a former prosecutor and a member of the working group. He was quoted in the Daily Egyptian as saying that it’s important because the law provides training to first responders that will allow survivors to get information about evidence testing. Representative Emily McAsey, D-Lockport, a house sponsor of the legislation and also a member of the group, says this [law gives support and services](https://www.odekirklaw.com/criminal-law-services-odekirk-allred-associates/) to the victims of sexual assault to help with their recovery and begins with how the first responders act when they arrive on the scene. The passing of this new law to [protect victims comes just a year after the attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) general helped pass the Preventing Sexual Violence on Campus Act, which set standards for all universities and colleges to prevent and respond to sexual violence. It also made Illinois the first state in the nation to make testing of [sexual assault evidence kits mandatory.](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) Our [attorneys at O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/) will continue to keep you updated on the new Illinois law that makes changes in investigation and prosecution of rape cases. If you or someone you know needs assistance with a sexual assault case, our attorneys are available to provide legal advice and representation if needed. For your free consultation, please call or contact us today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [What Are Some of the New Illinois Laws for 2018](https://www.odekirklaw.com/new-illinois-laws-2018/) **Published:** February 28, 2018 **Author:** O'Dekirk Law **Content:** ![What Are Some of the New Illinois Laws for 2018 ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016-300x228.jpg "new laws for Illinois in 2018 - O'Dekirk, Rhodes & Associates, LLC")If you’ve been wondering about the new Illinois laws for 2018, our legal experts at [O’Dekirk, Allred, & Associates](https://www.odekirklaw.com/) in Joliet would like to share a few highlights. More than 200 new laws took effect on January 1, 2018. This may or may not affect a legal issue you’re involved with, so if anything we discuss applies to your situation, please get in touch to learn more. **Tough on Crime** In a move to support Chicago’s effort to reduce gun violence, one of the new laws will increase sentences for those who commit [repeated gun crimes](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html). Instead of being sentenced to three to 14 years in prison, the sentences will be seven to 14 years. Judges who depart from this guideline will be required to explain why. Supporters of the new law feel that the tougher penalties will be a deterrent while critics indicate there is little evidence that longer sentences are effective. Those opposed to the [law are also concerned that tougher sentences](https://www.odekirklaw.com/new-illinois-sentencing-law/) will lead to additional arrests of African-American and Latino men while having no effect on gun-traffickers. Both sides of the aisle supported the new law because the law also included a number of provisions intended to assist with reducing the overall prison population. Lawmakers who supported the bill felt that repeat gun offenders present enough of a danger that the new sentence lengths make sense. If you are in need of a lawyer for your [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/), contact O’Dekirk, Allred, & Associates in Joliet. Our attorneys and staff are committed to working relentlessly on your behalf. **Hate Crimes and Sentencing** Another of the new Illinois laws for 2018 expands hate crimes to include those crimes that are committed at mosques, synagogues, churches, and other places of worship. This change was passed in response to an increase in racist graffiti and vandalism at religious spaces all over Illinois. Cyberstalking, stalking, and sending obscene messages can all also be considered hate crimes because technology has increasingly been used in these attacks. Other [changes to criminal laws](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) included removing what has been referred to as the “gay panic” defense in murder trials and sentencing. Defendants can no longer excuse violence by indicating the crime was an act of passion upon discovering a victim was gay. Also, sexual orientation can no longer be a provocation in second-degree murder trials and sentencing. **Policing for Profit** Our state’s civil forfeiture laws are now different base on the new Illinois laws for 2018. Previously, police and prosecutors could take money, vehicles, land, and other property from suspects. The items were often auctioned off, which led to this practice being called “policing for profit” because the proceeds of the auctions funded both police and prosecutor’s offices. Changes to the [forfeiture laws](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) now make it easier for property owners to have their case adjudicated. Additionally, the burden of proof has now shifted to officials and the threshold has been changed from probable cause to now being a preponderance of the evidence. **Organ Donors** The new Illinois laws for 2018 state that 16 and 17-year-olds are now allowed to sign up to be organ and tissue donors at the time they receive their [driver’s license](https://www.odekirklaw.com/traffic-cdl-defense-attorney-joliet-il.html). However, parents and guardians can keep them off the official registry until a teen’s 18th birthday. Advocates are hoping that allowing teens to sign up earlier will prompt conversations to help parents agree to allow their teen to be a donor. **Birth Certificate Changes** Laws for transgendered people have been eased. It will now be easier for a transgendered person to change their sex designation on their birth certificates. In the past, the change could only be done if a doctor confirmed that the individual had transition surgery. Now, the law allows for a medical or mental health professional to indicate that someone has had “clinically appropriate” treatment which will allow a wider range of transition practices, such as hormone therapy, to be sufficient for a birth certificate change. In an entirely different arena, birth certificates will now be provided free of charge to those individuals who leave state prison. This is part of an effort to make it easier for convicts to go on to lead more productive lives. This change is meant to allow them to get jobs, find housing, enroll in school, and receive medical and mental health assistance more easily. **Health Care** In response to potential federal health care changes, laws in Illinois now bar health insurance companies from denying coverage for pre-existing conditions. The laws also now make it illegal for employers to penalize employees who don’t want to participate in wellness programs or disclose genetic information. **Consumer Protections** There are a number of consumer protections that are effective this year. Here are a few that are now in force: - Hair salons, barbers, and tailors are now required to provide customers with a price list upon request. The intention is to allow added transparency and to help deter the practice of charging women more for the same service provided to men. - Businesses can no longer enforce disparagement clauses. These clauses threaten customers who post critical reviews with additional fees. Disparagement clauses are generally found in the fine print. - Life insurance policies must now inform families if they are due benefits from policies as far back as 2000. Companies will have to check Social Security records to make the determination. **Schools** Preschool and early childhood education programs are now prohibited from expelling students unless there are safety concerns for other children. Schools must instead find services and programs to help them resolve those issues presenting a problem. Additionally, public schools must now provide a space for breastfeeding and offer feminine hygiene products in an effort to help increase school attendance rates. What are some of the new Illinois laws for 2018? These are just a few of them and there are over 200. If you need a lawyer to help you navigate some of these new laws, contact us here at [O’Dekirk, Allred, & Associates](https://www.odekirklaw.com/) in Joliet. We have a number of lawyers that specialize in various areas and we will use our extensive experience to help you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Questions and Answers About Child Custody Law in Illinois](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) **Published:** March 28, 2017 **Author:** O'Dekirk Law **Content:** [![Questions and Answers About Child Custody Law in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child-300x240.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child.jpg)Divorce and child custody are tough legal issues to go through for you and your family. Our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com) can discuss the important questions and answers about child custody law in Illinois and help you through the legal process. Here are some commonly asked [questions about child custody](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). **What happens if the parents live in different states or a parent has recently moved into or out of the state?** So that there won’t be conflicting custody opinions from courts in different states, the court that has jurisdiction will be decided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This [law sets up the rules](https://www.odekirklaw.com/new-rules-pot-decriminalization-law/) to determine what court will make the custody decision by deciding which state is the child’s home state for custody matters and the court that will hear a custody case for that child. The [Illinois divorce court](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) has jurisdiction to hear a child custody case under these circumstances: - The child has lived in the state of Illinois for the last six months or more. if the child is younger than six months old but the child has lived in Illinois since birth. - The child lives in another state but lived in Illinois within the past six months and one of their parents still lives in the state. - If no other state is the child’s home state or the child’s home state has declined to take jurisdiction in deference to Illinois, and either the child and at least one of their parents has significant connections with Illinois, and there’s substantial evidence in Illinois concerning the child’s care, protection, training, and personal relationships. If you have questions about if your child custody case should be heard in Illinois or in another state, our attorneys can help you. **What things are considered in awarding child custody?** The court does not focus on who is the best parent, but instead makes a decision in the child’s best interest, considering all relevant factors, including these and other considerations: - the wishes of the child’s parent parents about custody of the child - the wishes of the child about which parent will get custody - the interaction and relationship of the child with their parent(s), sibling(s), and others who affect the child’s best interest - the child’s adjustment to their school, home, and community - the mental and physical health of the people involved - whether there has been physical violence or a threat of physical violence by the one of the child’s custodian, either against the child or another person - whether there has been domestic violence, either directed against the child or another person - the willingness and ability of the parent to encourage a close relationship between the other parent and the child - whether either of the parents is a sex offender, and - if the parents have a military family care plan that must be completed before deployment or if the parent is a member of the U.S. Armed Forces who is being deployed. These factors and others go into the court’s decision for custody. One thing the court cannot consider is a parent’s conduct unless it affects that parent’s relationship with the child. **What types of custody arrangements are there?** In Illinois like other states, there is a difference between legal and physical custody. Physical custody is where the child lives. Legal custody gives the parent the right to make important decisions about raising the child, like the child’s school, health care, and religious training. The noncustodial parent can ask the court to specifically limit the custodian’s authority if it’s in the best interest of the child. **Are joint custody arrangements preferred?** A court can give joint custody to both parents or sole custody to either. Unless these has been [domestic violence,](https://www.odekirklaw.com/defending-against-domestic-violence-charges/) Illinois courts presume that the maximum involvement and cooperation of both parents in their child’s physical and emotional well-being will be in a child’s best interest. **Do parents have equal rights in a child custody decision?** Yes. Parents have equal rights to the custody of their children. A parent’s fitness is only one element to be considered in determining what is in a child’s best interest. **How important is stability and continuity in a court’s custody decision?** If the children are well-adjusted and the custody situation is working, a court will not want to disrupt it. The court takes into consideration the importance of maintaining stability and continuity in a young child’s environment. On the other hand, courts will remove a child from an unstable environment if it believes the child is not thriving. **Do parent’s psychological problems affect the custody decision?** Just because a parent has a mental illness, psychological problem, or substance abuse issue does not make them unfit for custody, but it may be a factor to be considered by the court in deciding the best interest of the child if it affects their ability to parent. Despite positive steps toward treatment, the court must consider what impact the parent’s problems will have on the child. **How does a parent’s new spouse, live-in companion, or other person sharing the home impact a custody decision?** Another person living in the home may be a factor in the decision if there is a concern that they negatively affect the stability of the child’s environment, or there are concerns with the mental condition and character of that person. If that person is a sex offender, the other parent must be notified. **Will siblings be kept together?** It is usually considered to be in the best interest to keep siblings together. Sometimes there are exceptions. **Can children voice an opinion in custody decisions?** Yes, but it is just one factor to consider. The court may put more weight on the choice of older children when it is based on sound reasoning, and relates to their best interests, like wanting to remain with friends, attend their school, and remain in the same place. **Does spousal abuse affect the child custody decision?** In Illinois, if there has been ongoing abuse, the court *does not* need to presume that the [involvement and cooperation of both parents](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) in raising the child is in the child’s best interest. On the other hand, the court doesn’t have to deny a parent’s custody based on spousal abuse. **Under what circumstances can you modify a custody decision?** There must be new or previously unknown facts justifying a change. A parent can ask a court to modify a custody order in these circumstances: when both parents agree to the change, when the child’s present environment may seriously endanger the child’s physical or mental health, or if at least two years have passed from date of the custody order, a change has happened in the circumstances of the child or parent(s), and a modification to the child custody order is required to serve the best interest of the child. **What if the child decides he or she wants to live with the other parent?** Even if the child’s preference of who they want to live with changes, it still needs to be shown that the welfare of the child is adversely affected by the present custodial arrangements. **What happens if the [custodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) dies or is incarceration?** If the [custodial parent dies, usually the other parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) gains legal custody of the child. If the [custodial parent is incarcerated, the noncustodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) has a right to petition for a change of custody. **Can you get a custody modification based on a [custodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/)‘s misconduct?** Yes, if the parent’s behavior affects the child and seriously endangers the mental or emotional health of the child. **Can a [custodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) move out of state with the child?** A child can’t be removed permanently from the state without a court order. The [custodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) must prove that the move is in the best interest of the child. **Can a parent take a child out of Illinois temporarily?** Yes, but the [parent responsible](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) must tell the other parent, or the other parent’s attorney, and give the telephone number and address where they can be reached while they are out of state, and the date when the child will return to Illinois. **Can a [custodial parent move the child](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) within the state?** A [custodial parent](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) may remove the children to another part of the state without a court order unless there is written agreement not to. This may, however, be grounds to petition for custody modification. If you are considering a divorce and are worried about child custody issues, please contact our attorneys at O’Dekirk, Allred and Associates in Joliet. We can discuss the important questions and answers about child custody law in Illinois during a free initial consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [27 New Laws for Illinois in 2017](https://www.odekirklaw.com/27-new-laws-illinois-2017/) **Published:** January 11, 2017 **Author:** O'Dekirk Law **Content:** [![27 New Laws for Illinois in 2017 ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new_illinois_laws_2017-1483136969-5870-300x225.jpg "i-dcsf-white - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/new_illinois_laws_2017-1483136969-5870.jpg)Laws change every year, including 27 new laws for Illinois in 2017. That’s why our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/) stay on top of those changes, whether it involves [criminal charges](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html), [divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), [child support](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html), custody, personal injury, [residential real estate](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html), [driver’s license reinstatement](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html), or anything in between. Our firm is committed to fighting relentlessly for every client. Let’s take a look at 27 new laws that took effect on January 1 of this year. **Honorary Highway Designation for Veterans** HB 4344-Senate Sponsor: Sen. Jennifer Bertino-Tarrant, D-Joliet This [law makes it easier for families](https://www.odekirklaw.com/family-law/) of veterans killed in action to apply for an honorary designation on state roadways. **Password Privacy for Social Media** HB 4999-Senate Sponsor: Sen. Michael Connelly, R-Lisle This law strengthens our current law which prohibits employers from accessing employees’ social media passwords. **Adoption of Police Dogs** SB 3129-Senate Sponsor: Sen. Tom Cullerton, D-Villa Park This law gives police officers the first preference to adopt their police dogs. This is intended to ensure retiring police dogs can remain a part of the officer’s family. **Fines for Failure to Stop at Railroad Crossing** SB 2806-Senate Sponsor: Sen. Karen McConnaughay, R-St. Charles This law increases fines for failing to stop at a railroad crossing when the warning gates and lights are activated. **Domestic Violence Training for Cosmetologists** HB 4264-Senate Sponsor-Sen. Bill Cunningham, D-Chicago This law trains cosmetologists, nail technicians, hair braiders, and estheticians to look for signs of [domestic violence](https://www.odekirklaw.com/defending-against-domestic-violence-charges/). As part of their licensure renewal process, it requires them to take a one-hour continuing education class studying [domestic violence](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) and sexual assault. **Visitation Rights for Grandparents** HB 5656-Senate Sponsor: Sen. Pamela Althoff, R-Crystal Lake This law gives grandparents and great-grandparents visitation with their grandkids who are in DCFS custody. **Tax on Feminine Products** SB 2746-Senate Sponsor: Sen. Melinda Bush, D-Grayslake This law updates the Illinois tax codes to ensure that essential women’s health products like feminine pads and tampons are not charged the same sales tax as shampoo. **Increasing Eligibility for School Breakfast Program** SB 2393-Senate Sponsor: Sen. Don Harmon, D-Oak Park This law creates a *Breakfast after the Bell* program which enables more students to be eligible for school breakfast. **Minors and Hunting Laws** SB 2410-Senate Sponsor: Sen. Neil Anderson, R-East Moline This law lets minors trap game without taking the hunter training course if they have someone who is at least 21-years-old with them. **Fishing for Catfish** HB 5788-Senate Sponsor: Sen. David Luechtefeld, R-Okawville The law allows people fishing to use a pitchfork, underwater spear gun, or a bow and arrow to catch catfish. **Access and Training for Epinephrine** HB 4462-Senate Sponsor: Sen. Chris Nybo, R-Elmhurst This law creates increased access and training for the use of epinephrine auto-injectors. **Lead Levels** SB 2300-Senate Sponsor: Sen. Donne Trotter, D-Chicago This law prevents the release or sale of properties with high lead levels until it’s mitigated and the property is safe. Older homes are more likely to contain lead and children are more susceptible to poisoning. **Birth Control Coverage** HB 5576- Senate Sponsor: Sen. Toi Hutchinson, D-Steger This [law makes a seamless process](https://www.odekirklaw.com/criminal-law-process-felony-illinois/) for all women to access birth control without additional costs by making Illinois insurance companies provide coverage for almost all FDA-approved contraceptive choices. Insurance companies must cover up to 12 months of contraceptives at a time. **Lobbying Groups and Taxpayer-Funded Pensions.** HB 4259-Senate Sponsor: Sen. Jennifer Bertino-Tarrant, D-Joliet This law makes lobbying groups ineligible to receive taxpayer-funded pensions. **Legal Counsel for Minors Charged with Murder** SB 2370-Senate Sponsor: Sen. Patricia Van Pelt, D-Chicago This law requires legal counsel during the interrogation of minors who are under the age of 15 and charged with murder. **Forbids Medical Providers Refusing Treatments for Religious Objections** SB 1564-Senate Sponsor: Sen. Daniel Biss, D-Evanston This law updates the Illinois’ Health Care Right of Conscience law, which forbids medical providers from refusing certain medical treatments based on religious objections. Under this new law, medical patients and women in particular, will be better informed about their medical care. **Sexual Assault Crimes Prosecution** SB 3096-Senate Sponsor: Sen. Scott Bennett, D-Chicago This law improves and increases reporting, investigation, and prosecution of sexual assault crimes in Illinois. It provides a longer time for victims to request a rape kit, speeds up forensic testing, and requires more detailed reporting of sexual assault [cases by law](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) enforcement. **Flexibility in Employee Sick Time** HB 6162-Senate Sponsor: Sen. Jacqueline Y. Collins, D-Chicago This law makes employers give their workers greater flexibility in using their sick time. A company giving sick leave to employees must allow them to use up to half of their allotted time to attend to the medical needs of family members. **Video Recording Allowed** SB 629- Senate Sponsor: Sen. Daniel Biss, D-Evanston This law lets vehicles that transport people or goods on a contractual basis to have a video recorder operating, but they must post a notice letting passengers know their conversations may be recorded. **Prohibiting Non-Compete Agreements** SB 3163- Senate Sponsor: Sen. Patricia Van Pelt, D-Chicago This law prevents any company from asking a worker paid less than $13.50 an hour to sign a non-compete agreement. **Excused from School to Play *Taps*** HB 4432- Senate Sponsor: Sen. Chuck Weaver, R-Peoria This law excuses students from school to play *Taps* at a military funeral. **Probation for Non-Violent Offenders** SB 3164-Senate Sponsor: Sen. Michael Connelly, R-Lisle This law gives more flexibility in granting probation for certain non-violent offenders. **No Bath Salts** SB 210-Senate Sponsor: Sen. Andy Manar, D-Bunker Hill This law stops retailers from selling the type of drug known as *bath salts*. **Court Closed Circuit TV for Children Testifying** SB 2880-Senate Sponsor: Sen. Michael Connelly, R-Lisle This [law lets child](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) victims of battery or domestic abuse testify using closed circuit television, instead of being in the courtroom. **Cash to Post Bail** SB 2907-Senate Sponsor: Sen. Steve Stadelman, D-Rockford This law makes law enforcement officials accept cash to post bail. This [law was in response](https://www.odekirklaw.com/basics-parental-responsibility-illinois-family-law/) to a credit card machine malfunction at a county jail keeping a man locked up over a weekend for a minor offense. If you have any questions about these 27 new laws for Illinois in 2017 or any legal concerns, contact our attorneys at [O’Dekirk, Allred and Associates i](https://www.odekirklaw.com/)n Joliet who have experience and extensive knowledge. We specialize in criminal cases, divorce, child support, custody, personal injury, residential real estate, [driver’s license reinstatement,](https://www.odekirklaw.com/drivers-license-reinstatement/) and everything in between. We will vigorously fight on your behalf. Contact us today so we can discuss your specific legal needs. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Holiday DUI Checkpoints: Know Your Rights](https://www.odekirklaw.com/holiday-dui-checkpoints-know-your-rights/) **Published:** February 17, 2026 **Author:** O'Dekirk Law **Content:** The holiday season brings joy, family gatherings, and unfortunately, a significant uptick in DUI checkpoints across the country. Whether you’re heading home from a New Year’s Eve party or driving to a family Thanksgiving dinner, there’s a good chance you’ll encounter one of these roadside stops. We get it, seeing those flashing lights and traffic cones ahead can be nerve-wracking, even if you haven’t had a single drink. But here’s the thing: understanding your rights at a DUI checkpoint isn’t just for people who’ve been drinking. It’s essential knowledge for every driver. Knowing what officers can and can’t do, what you’re required to comply with, and how to handle the situation can make all the difference between a brief inconvenience and a legal nightmare. In this guide, we’ll walk you through everything you need to know about holiday DUI checkpoints, from the legal basis behind them to practical tips for navigating one smoothly. Let’s immerse. ## What Are DUI Checkpoints and Why Are They Common During Holidays? DUI checkpoints, also known as sobriety checkpoints, are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of intoxication. Unlike a typical traffic stop where an officer needs reasonable suspicion to pull you over, checkpoints operate differently. Officers stop vehicles based on a predetermined pattern, every car, every third car, or some other neutral criteria, rather than individual suspicion. So why do these checkpoints seem to multiply around the holidays? The numbers tell a grim story. According to the National Highway Traffic Safety Administration (NHTSA), holiday periods consistently see spikes in alcohol-related traffic fatalities. The period between Thanksgiving and New Year’s Day is particularly dangerous, with drunk driving crashes claiming hundreds of lives annually. Law enforcement agencies know this. That’s why states like Illinois ramp up DUI enforcement during these peak periods. You’ll see checkpoints near popular entertainment districts, along routes connecting suburban neighborhoods to downtown areas, and on highways leading in and out of major cities. The goal, at least from law enforcement’s perspective, is deterrence as much as detection. Agencies often publicize checkpoint locations in advance (more on why that’s legally significant later), hoping the mere presence of enforcement will convince people to think twice before driving after drinking. ## Are DUI Checkpoints Legal? This is where things get interesting. The legality of DUI checkpoints isn’t as straightforward as you might think. ### The Constitutional Framework The Fourth Amendment protects Americans against [unreasonable searches and seizures](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/). At first glance, stopping vehicles without individualized suspicion seems to fly in the face of that protection. But, the U.S. Supreme Court addressed this issue directly in the 1990 case *Michigan Department of State Police v. Sitz*. In that decision, the Court ruled that sobriety checkpoints are constitutional. The justices applied a balancing test, weighing the government’s interest in preventing drunk driving against the intrusion on individual liberty. They concluded that the brief stop at a checkpoint, typically lasting less than a minute for most drivers, represents only a minimal intrusion compared to the significant public safety interest in getting impaired drivers off the road. But here’s the catch: the checkpoint must be conducted according to specific guidelines. Officers can’t just set up wherever they want, whenever they want. Courts have held that checkpoints must [follow predetermined procedures](https://www.odekirklaw.com/procedures-to-follow-when-youre-pulled-over-for-a-dui/) about location, duration, and which vehicles get stopped. Without these safeguards, a checkpoint could be deemed unconstitutional. ### State-by-State Variations Here’s where it gets even more complicated. While the Supreme Court said states *may* conduct DUI checkpoints, it didn’t say they *must* allow them. Each state gets to decide for itself. Currently, about 38 states permit sobriety checkpoints. But, roughly 12 states, including Texas, Michigan, and Oregon, have either banned them outright through legislation or had their state courts rule them unconstitutional under state law. In Illinois, DUI checkpoints are legal and commonly used, especially during holiday enforcement periods. But, they must still comply with established protocols. If you believe a checkpoint violated proper procedures, that could become a significant factor in your defense. ## Your Rights When Stopped at a DUI Checkpoint Understanding your rights doesn’t mean you’re trying to get away with something. It means you’re an informed citizen who knows where the legal boundaries lie. Here’s what you need to know. ### Right to Remain Silent Yes, the Fifth Amendment applies at DUI checkpoints. You’re generally required to provide your [driver’s license,](https://www.odekirklaw.com/drivers-license-reinstatement/) vehicle registration, and proof of insurance when asked. That’s a basic obligation of licensed drivers. But beyond that? You’re not obligated to answer questions like “Where are you coming from?” or “Have you had anything to drink tonight?” These questions aren’t just small talk, officers are trained to gather evidence from your responses, watching for slurred speech, contradictions, or admissions. You can politely decline to answer by saying something like, “I’d prefer not to answer questions.” Will the officer be happy about it? Probably not. But you have the legal right to remain silent, and exercising that right cannot be used against you in court. A word of caution: there’s a difference between knowing your rights and being confrontational. Aggressive behavior, even if you’re within your rights, can escalate a situation unnecessarily. ### Right to Refuse a Vehicle Search Unless an officer has probable cause, meaning they observe specific evidence suggesting criminal activity, you have the right to refuse a search of your vehicle. If an officer asks, “Do you mind if I take a look in your car?” that’s them asking for your consent. You can say no. But, if the officer smells alcohol, sees open containers, or observes you exhibiting signs of impairment, that changes things. At that point, they may have probable cause to search without your consent. Similarly, if something illegal is in plain view through your windows, that’s fair game. The key takeaway: don’t consent to searches, but also understand that your refusal doesn’t guarantee your vehicle won’t be searched if the officer has legal grounds. ## What Happens if You Refuse a Breathalyzer or Field Sobriety Test This is one of the most misunderstood areas of DUI law, so let’s break it down carefully. First, understand that there’s a distinction between field sobriety tests (the walk-and-turn, one-leg stand, etc.) and chemical tests (breathalyzer, blood test, or urine test). **Field sobriety tests** are used to establish probable cause for arrest. In most states, including Illinois, these are voluntary. You can refuse them without automatic penalties, though your refusal might be noted and could contribute to an officer’s overall assessment. **Chemical tests** are a different story. When you got your driver’s license, you likely agreed to something called “implied consent.” This legal doctrine means that by obtaining a license and driving on public roads, you’ve already consented to chemical testing if lawfully arrested for DUI. In Illinois, refusing a breathalyzer after a lawful arrest triggers automatic consequences, typically a statutory summary suspension of your driving privileges. For a first-time refusal, you’re looking at a 12-month suspension, compared to a 6-month suspension if you fail the test. Some people think refusing is always the better strategy because it means less evidence against them. That’s not necessarily true. Prosecutors can and do argue that refusal itself suggests consciousness of guilt. Plus, you’ll still face the suspension regardless of whether you’re eventually convicted of DUI. The consequences of a DUI conviction extend far beyond the initial stop. Once the State of Illinois [revokes your driver’s license,](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) there’s no automatic reinstatement. You’ll need to go through a formal hearing process with the Secretary of State to regain your driving privileges. ## How to Conduct Yourself at a DUI Checkpoint Okay, let’s get practical. You’re approaching a checkpoint, you see the lights ahead, and your heart rate picks up. Here’s how to handle it. **Before you reach the officer:** - Turn off your radio and roll down your window - Turn on your interior light if it’s dark (this helps the officer see you’re not a threat) - Keep your hands visible, preferably on the steering wheel - Have your license, registration, and insurance accessible, but don’t go digging through your glove compartment as the officer approaches **During the interaction:** - Be polite and calm. A simple “Good evening, officer” sets a cooperative tone - Provide the documents you’re legally required to provide - Answer basic questions if you choose, but remember you can decline to answer investigative questions - Don’t volunteer information. “I only had two beers” is an admission, not an explanation - Avoid sudden movements and always tell the officer what you’re doing before you do it (“My registration is in my glove box, I’m going to reach for it now”) **What to avoid:** - Arguing about whether the checkpoint is legal - Making sudden attempts to turn around before reaching the checkpoint (this can create reasonable suspicion) - Lying to officers, it never helps and can create additional problems - Consenting to searches you don’t need to consent to The goal is to get through the checkpoint with minimal interaction while preserving your rights. Most stops last under a minute if there’s no indication of impairment. ## When to Contact an Attorney Not every checkpoint encounter requires legal representation, but certain situations absolutely do. **Contact an attorney immediately if:** - You’ve been arrested for DUI at a checkpoint - You refused a chemical test and are facing license suspension - You were charged with any offense stemming from the stop - You believe the checkpoint was conducted improperly - Officers searched your vehicle without consent or probable cause Time matters in DUI cases. In Illinois, you typically have a limited window to challenge a statutory summary suspension. Missing that deadline can cost you valuable legal options. At O’Dekirk, Allred & Rhodes, many of our lawyers are former prosecutors with deep knowledge of Illinois DUI law and the local court system. We understand how these [cases are built from the prosecution’s](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) side, and we know how to challenge them effectively. Our team handles DUI defense, traffic violations, and [driver’s license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/) cases regularly. Having a [revoked driver’s license](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) makes daily life incredibly difficult. It affects your ability to work, care for your family, and handle [basic responsibilities](https://www.odekirklaw.com/basics-parental-responsibility-illinois-family-law/). If you’re facing license suspension or revocation, we can guide you through the administrative hearing process with the Secretary of State, prepare you for questioning, and work toward getting your driving privileges restored. We offer free consultations because we believe everyone deserves to [understand their legal situation](https://www.odekirklaw.com/understanding-a-dui-situation/) before making decisions. If you’ve been stopped at a holiday DUI checkpoint and need guidance, don’t wait, contact us right away. ## Conclusion Holiday DUI checkpoints aren’t going anywhere. They’re a fixture of seasonal law enforcement, and if you drive during the holidays, you’ll likely encounter one at some point. The best approach combines common sense with legal awareness. Don’t drink and drive, that’s obvious. But also know that you have constitutional rights that don’t disappear just because you’ve entered a checkpoint. You can provide required documents while still declining to [answer investigative questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/). You can refuse vehicle searches when there’s no probable cause. And you should understand the real consequences of refusing chemical tests before you’re in that situation. If things do go wrong, if you’re arrested, charged, or facing license suspension, don’t try to navigate the system alone. DUI charges carry serious consequences that can follow you for years, affecting your career, your insurance rates, and your freedom. We know how stressful [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) can be, but you don’t have to face them alone. Whether you need DUI defense or help with driver’s license reinstatement, having experienced [attorneys in your corner makes a real](https://www.odekirklaw.com/real-estate-attorney/) difference. Know your rights, exercise them respectfully, and reach out for help when you need it. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer --- ### [The Basics of Parental Responsibility in Illinois Family Law](https://www.odekirklaw.com/basics-parental-responsibility-illinois-family-law/) **Published:** November 10, 2016 **Author:** O'Dekirk Law **Content:** [![The Basics of Parental Responsibility in Illinois Family Law ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/family-law-300x200.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/family-law.jpg)[Divorce can be hard on a family when there’s a child involved](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). It often involves a judge making decisions about what each parent can and cannot do. If you are thinking about a divorce, it is important for you to get honest legal advice from experienced professionals. Our lawyers at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/) understand the new laws that affect the basics of[ parental responsibility in Illinois family law](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). Let’s look at some recent changes in the law. **Parental Responsibilities** In Illinois, as it pertains to divorce, the word [*custody* ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)has been replaced with the word *decision-making.* The word [*visitation* ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)is now *parenting time*. Parents are required to make a *parenting plan* and if they can’t agree, the judge will decide what their *[parental responsibilitie](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)s* are. This means the judge will tell the parents who will be making decisions for the child and who gets parenting time. **Allocation Judgment** Parents are charged with making a parenting plan that sets out the basics of parental responsibility in Illinois family law, such as decision-making boundaries and parenting schedule. But what if they can’t agree? Now, the judge has to decide for the parents and give an [*allocation judgment* ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)based on the best interests of the child. [(750 ILCS 5.602.5(a))](http://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm) The judge’s allocation judgment for significant decision-making will cover the areas of education, health and religion. The judge then assigns decision-making tasks to one parent or the other (or both), and they can be divided any way the judge sees fit. In fact, even if you don’t get divorced, you can ask the court to assign parental decision-making power for you. If the parents can’t decide on a parenting schedule in their parenting plan then a judge can also decide that according to the child’s best interests. ([750 ILCS 5/602.7(a)](http://www.ilga.gov/legislation/ilcs/documents/075000050K602.7.htm)) **120-Day Filing Deadline for Parenting Plan** You have 120 days to submit a [joint parenting plan](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html). If you can’t agree then each [parent submits a separate plan](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/). **Temporary Allocation Awards** When there is significant discord regarding decisions for the child during a divorce, the judge can make a temporary [allocation of decision-making power between the parents](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) which can’t be appealed. **Mediation** All parents in family court must try to [mediate ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)problems involving the basics of parental responsibility in Illinois family law. You may be assigned a [court-appointed mediator,](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) and some counties, the mediator will make recommendations to the judge. Confidentiality of the information you give to the mediator depends on the county you live in. Which parent makes the decisions about your child and who gets parenting time will affect the whole family and may be the most important results of a divorce. Don’t try to figure out the basics of [parental responsibility in Illinois family law](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) on your own. Our lawyers at O’Dekirk, Allred and Associates in Joliet [understand the new laws](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) and can protect your interests and your child’s future. Please give us a call and let us help you fight for your rights to make decisions for your child. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Top Mistakes to Avoid After Being Arrested](https://www.odekirklaw.com/top-mistakes-to-avoid-after-being-arrested/) **Published:** November 30, 2025 **Author:** O'Dekirk Law **Excerpt:** Top mistakes to avoid after being arrested in Joliet: protect your rights in the first 24 hours with clear, lawyer‑backed steps from former prosecutors. **Content:** Getting arrested in Joliet is scary and fast. One minute you’re in cuffs, the next you’re trying to make sense of bond, court dates, and calls from detectives. What you do in the first hours and days can shape your entire case. At O’dekirk Allred & Rhodes, LLC, we’ve guided countless people in Joliet and nearby Manteno, Wilmington, and Morris through this exact moment. Here’s our plain‑English guide to the top mistakes to avoid after being arrested, so you can protect your rights and your future. ## Key Takeaways - One of the biggest mistakes to avoid after being arrested is talking to police without a lawyer—invoke your right to remain silent and stop speaking. - Another mistake to avoid after being arrested is consenting to searches; ask if there’s a warrant and let your attorney handle it. - Treat all jail phones and video calls as recorded and never discuss case facts there—keep communications brief and purely logistical. - Stay off social media about the case, avoid contacting alleged victims, witnesses, or co-defendants, and preserve—not destroy—potential evidence. - Follow every release, bail, and pretrial condition precisely, attend all court dates, and keep your address current with the court. - Hire experienced local counsel early, be fully candid with your lawyer, and don’t sign Miranda waivers or written statements without legal review. ## Misunderstanding Your Rights In The First 24 Hours The first day matters more than most people realize. Illinois law gives you the right to remain silent and the right to an attorney. Use both. The officers have a job to do, but so do we. Protecting your rights starts with not giving up key protections before we’re by your side. ### Waiving Your Right To Remain Silent When you’re stressed, it’s tempting to “clear things up.” Don’t. Anything you say can be used in court, even casual comments. Say, “I’m invoking my right to remain silent. I want a lawyer.” Then stop talking. We can speak for you and prevent accidental admissions. ### Consenting To Searches Without A Warrant If police ask, “Mind if we take a look?” and you say yes, you just waived a major defense. Do not consent to searches of your car, phone, home, or bags. Ask if they have a warrant. If they don’t, you can politely refuse. Let us challenge any search the right way, based on Illinois and federal law. ### Talking From Jail Phones Or Video Calls That Are Recorded Jail calls are recorded. Prosecutors listen. Do not discuss facts, names, timelines, or “what really happened” on those lines. Keep calls short and purely logistical, and wait to discuss your case with us in a confidential setting. In Will County and surrounding courts, we’ve seen recorded calls sink cases that were otherwise defensible. ## Talking To Police Without An Attorney Detectives in Joliet, Wilmington, Morris, and Manteno are trained interviewers. They can be polite and professional, and still be gathering evidence to use against you. You’re not required to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) without a lawyer. Ask for us early. At O’dekirk Allred & Rhodes, LLC, many of our attorneys are former prosecutors, so we know how these interviews work and where people slip up. ### “Just Explaining” Or Giving Partial Statements Partial stories create contradictions. Contradictions look like lies. If you think a quick explanation will make this go away, it usually doesn’t. Let us review the facts first, then decide if making a statement helps or hurts you. ### Accepting “Off-The-Record” Or “Friendly” Interviews There’s no such thing as off the record in a police interview room. If you’re being questioned, assume it’s noted or recorded. We’ll step in, set limits, or advise you not to interview at all. ### Signing Written Statements Or Miranda Waivers Don’t sign anything you don’t fully understand. A Miranda waiver means you’re agreeing to talk without those protections. A written statement can lock you into details that might be wrong, rushed, or taken out of context. We’ll review before you sign. ## Damaging Your Case Outside The Station Even after release, what you do outside the station can make or break your defense. Think of this period as evidence control. We want less harmful material in the record, not more. ### Posting On Social Media Or Texting About The Case Screenshots live forever. Don’t post, comment, DM, or joke about the arrest. Don’t text play‑by‑plays to friends. Prosecutors can subpoena social media and phone records. If you’ve already posted, stop now and talk to us before taking any action. ### Contacting Alleged Victims, Witnesses, Or Co-Defendants Reaching out can look like intimidation or witness tampering, even if your intent is innocent. If you must communicate for safety or logistical reasons, let us arrange it through proper channels or seek a court order where needed. ### Destroying, Altering, Or Concealing Potential Evidence Deleting messages, tossing clothes, or wiping a phone can create separate charges and make your case harder. Preserve what exists. Tell us where the material is and let us manage it legally. In cases throughout Joliet and Will County, careful evidence handling has been the difference between dismissal and conviction. ## Mishandling Release, Bail, And Pretrial Conditions Whether you’re released on recognizance or with conditions, treat those rules like a lifeline. Violations can send you back to custody and put the judge on alert. ### Violating No-Contact, Travel, Or Substance Conditions Read the order, line by line. If it says no alcohol, that includes a single beer at home. If it says no contact, that includes texts relayed through friends. If you need changes for work or childcare, we can motion the court rather than risk a violation. ### Missing Check-Ins, Classes, Or Monitoring Requirements Pretrial services in Will County can include check-ins, classes, or SCRAM/GPS monitoring. Missed appointments or tampering alerts lead to warrants or bond revocation. Put all requirements into your calendar, set multiple reminders, and keep proof of attendance. ### Failing To Plan For Childcare, Work, And Transportation Life doesn’t pause for court. Arrange backup childcare, notify your employer appropriately, and plan a reliable ride to the Will County Courthouse in Joliet. If your [license is suspended,](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) don’t drive. Ask us about lawful transportation options or [driver’s license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/) paths we regularly handle. ## Making Court And Paperwork Mistakes Court moves on schedules and documents. Small administrative errors can cause big problems. ### Missing Arraignment Or Other Court Dates If you miss a hearing, the judge can issue a warrant. Show up early, dress neatly, and sit in the right courtroom. If an emergency hits, call us immediately so we can notify the clerk or the State’s Attorney and try to reset. ### Ignoring Discovery, Deadlines, Or Protective Orders Discovery is how we see the evidence against you. If the court orders you to provide materials, do it on time. If there’s a [protective order](https://www.odekirklaw.com/do-you-need-a-lawyer-for-an-order-of-protection/), follow it to the letter. We’ll track deadlines and handle the exchange, but we need your cooperation and prompt responses. ### Not Keeping Your Address Updated With The Court If the court mails you a notice and it bounces, you’re still responsible for missing the date. Update your address with the clerk and with us. This is a frequent issue we see in Joliet cases and it’s easily avoidable. ## Choosing Poor Legal Representation You get one shot to handle your [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) the right way. Experience in local courts matters, especially in Joliet and neighboring Manteno, Wilmington, and Morris. ### Waiting Too Long To Hire Counsel Or Request A Public Defender The earlier we’re involved, the more options we have. We can influence charging decisions, protect you during interviews, and secure favorable conditions at the bond stage. If you can’t afford private counsel, ask for a public defender right away rather than navigating alone. ### Prioritizing Cost Over Experience And Fit Fees matter, but so do results. Ask about trial work, negotiations in Will County, and familiarity with charges like DUI, [drug offenses,](https://www.odekirklaw.com/criminal-defense/drug-offenses/) or domestic matters. At O’dekirk Allred & Rhodes, LLC, many on our team are former prosecutors with deep experience in local courts, which helps us anticipate strategy and push for better outcomes. ### Withholding Information From Your Lawyer We’re on your side. Tell us everything, even the parts you think are bad. Surprises help the other side, not us. Full candor lets us build a stronger defense and avoid missteps with the State’s evidence. ## Conclusion If we could boil this topic down to a short checklist, it would be this: - Stay silent and ask for a lawyer immediately. - Don’t consent to searches. - Don’t talk on recorded jail lines about the case. - Avoid social media and any contact with witnesses or co-defendants. - Follow every release and court rule exactly. - Hire experienced local counsel as soon as possible. Handling an arrest well isn’t about being clever. It’s about discipline and getting help fast. We serve clients throughout Joliet every day, and we regularly assist people in Manteno, Wilmington, and Morris who need steady guidance and strong advocacy. When you work with O’dekirk Allred & Rhodes, LLC, you get a team that knows the Will County system, understands how prosecutors think, and shows up for you at every step. Need answers now? Call us for a free consultation. Let’s protect your rights, your record, and your future, starting today. ## Frequently Asked Questions ### What’s the first thing I should do after being arrested in Joliet? Stay silent and ask for a lawyer immediately. Clearly state, “I’m invoking my right to remain silent. I want an attorney.” Do not explain, argue, or [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/). Early legal counsel protects your rights during booking, bond, and any detective interviews, which can shape your entire case. ### Should I consent to police searches after being arrested? No. Politely refuse consent to any search of your car, phone, home, or bags unless officers have a warrant. Saying “yes” waives a major defense. Ask if they have a warrant and wait for your lawyer. Your attorney can challenge unlawful searches under Illinois and federal law. ### Are jail phone or video calls recorded in Will County? What should I avoid saying? Yes. Jail calls are routinely recorded and prosecutors review them. Do not discuss facts, timelines, names, or “what really happened.” Keep calls brief and logistical—like arranging childcare or a lawyer’s contact info—and save all case discussions for confidential meetings with your attorney. ### What pretrial mistakes can hurt my case after being arrested? Violating no-contact, travel, or substance conditions; missing pretrial check-ins, classes, or GPS/SCRAM monitoring; posting about the case; contacting witnesses or co-defendants; and failing to update your address with the court. Treat conditions like a lifeline, calendar every requirement, and let your lawyer handle communications. ### How soon should I hire a lawyer or request a public defender, and what should I bring? Immediately—early counsel can influence charging decisions, interviews, and bond. For your first meeting, bring the citation/complaint, bond paperwork, court notices, contact info for witnesses, timelines, photos, and any relevant messages. Don’t curate or delete items; preserve evidence and let your attorney decide what’s helpful. ### Can an Illinois arrest be expunged or sealed if charges are dropped? Often, yes. Arrests that don’t result in conviction are commonly eligible for [expungement in Illinois; many records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) that aren’t expungeable may be sealable. Some offenses have limits, and timelines or court approvals apply. Eligibility depends on your [case details—consult a criminal defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) attorney to confirm your options. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Attorney --- ### [How to Choose the Right Criminal Defense Attorney](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) **Published:** December 26, 2025 **Author:** O'Dekirk Law **Excerpt:** Learn how to choose the right criminal defense attorney. Get expert tips on qualifications, key questions to ask, red flags to avoid, and what to expect from fees. **Content:** Facing criminal charges is stressful enough without having to worry about whether your lawyer actually knows what they’re doing. But here’s the thing: the attorney you choose can make a real difference in how your case turns out. Whether you’re dealing with a DUI charge in Joliet, a misdemeanor in Manteno, or felony allegations in Wilmington or Morris, finding the right criminal defense attorney isn’t just about picking a name from a search result. It’s about finding someone who understands local courts, has the experience to back up their claims, and will actually fight for you. At O’Dekirk, Allred & Rhodes, LLC, we’ve seen firsthand how the right representation changes outcomes for clients throughout Will County and the surrounding areas. We’ve also seen what happens when people rush into hiring the wrong attorney. This guide will walk you through exactly what to look for, what questions to ask, and what warning signs should send you running in the other direction. ## Key Takeaways - Choosing the right criminal defense attorney directly impacts your case outcome, so treat it as a critical decision rather than a quick pick. - Look for an attorney who focuses specifically on criminal defense and has experience handling charges similar to yours. - Local court knowledge gives your attorney a significant advantage, especially when they understand how specific judges and prosecutors operate. - Ask detailed questions during consultations about experience, case strategy, communication practices, and fee structures before committing. - Avoid attorneys who guarantee outcomes, pressure you to sign immediately, or have unclear billing practices—these are major red flags. - A good criminal defense attorney communicates clearly, keeps you informed throughout the process, and makes time to address your concerns. ## Why Your Choice of Attorney Matters Let’s be honest: criminal charges can turn your life upside down. We’re talking about potential jail time, a permanent [criminal record](https://www.odekirklaw.com/can-you-expunge-a-criminal-record-in-illinois/), and consequences that follow you for years. Your job, your relationships, your future opportunities, all of it can be affected by how your case is handled. The attorney you choose is essentially your voice in a system that can feel overwhelming and confusing. A good criminal defense attorney doesn’t just show up to court and go through the motions. They dig into the details of your case, challenge weak evidence, negotiate with prosecutors who they’ve worked with before, and know when to push for trial versus when a plea deal makes sense. In places like Joliet, where local courts have their own rhythms and tendencies, having an attorney who understands the system from the inside matters even more. Many of our lawyers at O’Dekirk, Allred & Rhodes, LLC are former prosecutors, which means we know exactly how the other side thinks. That kind of insight isn’t something you can learn from a textbook. The bottom line? Your [choice of attorney](https://www.odekirklaw.com/your-criminal-attorney-choice-matters/) directly impacts your ability to get the best possible outcome. Don’t treat it like a minor decision. ## Key Qualifications to Look For Not all attorneys are created equal, and when your freedom is on the line, you need someone with the right qualifications. Here’s what actually matters when you’re evaluating potential criminal defense lawyers. **Focus on Criminal Defense** You want an attorney who concentrates on criminal defense, not someone who dabbles in it between [real estate closings and divorce](https://www.odekirklaw.com/divorce-and-real-estate-what-you-need-to-know/) cases. Criminal law is complex and constantly evolving. An [attorney who handles criminal](https://www.odekirklaw.com/tips-on-hiring-a-criminal-attorney/) cases day in and day out will be more familiar with current laws, recent court decisions, and effective defense strategies. **Local Court Knowledge** This one is huge, especially in Will County. An [attorney who regularly practices in Joliet courts](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) knows how specific judges tend to rule, which prosecutors are more open to negotiation, and what arguments resonate locally. That insider knowledge can influence everything from [bail hearings](https://www.odekirklaw.com/understanding-bail-bond-hearings/) to trial strategy. If you’re facing charges in Manteno, Wilmington, or Morris, the same principle applies. Local experience gives your attorney a significant advantage. **Trial Experience** Plenty of cases get resolved through negotiations, but you need an attorney who’s ready and able to go to trial if that’s what your case requires. Ask about their courtroom experience. Have they actually tried cases? Are they comfortable examining witnesses and presenting arguments to a jury? A lawyer who’s scared of the courtroom isn’t going to give you the strongest possible defense. ### Experience With Your Specific Charges Criminal defense covers a lot of ground. DUI [cases involve different strategies than drug](https://www.odekirklaw.com/why-you-should-take-your-drug-trafficking-case-seriously/) charges. Felonies require different approaches than misdemeanors. When you’re evaluating attorneys, ask specifically about their experience with charges similar to yours. For example, our team handles felonies, misdemeanors, DUI defense, and traffic violations including CDL issues. That range of experience means we understand the nuances of different charge types and how to build effective defenses for each. If an attorney mostly handles white-collar crime and you’re facing an assault charge, they might not be the best fit, even if they’re a great lawyer overall. ### Track Record and Case Results Past performance isn’t a guarantee of future results (legally, we have to say that), but an attorney’s track record does tell you something important. Look for: - Client reviews and testimonials - Case outcomes they’re willing to discuss - Their reputation in the local legal community - Any ethical complaints or disciplinary actions with the Illinois bar Here’s something worth knowing: our reputation in the Joliet area is strong enough that police officers and firefighters often hire us when they face their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/). That kind of trust from people who work within the justice system speaks to the quality of representation we provide. ## Questions to Ask During a Consultation Most criminal defense attorneys offer free initial consultations, and you should absolutely take advantage of them. Come prepared with [questions that help you evaluate whether this attorney](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) is right for your situation. **About Their Experience:** - How many cases similar to mine have you handled? - What were the outcomes in those cases? - How long have you practiced criminal defense in this area? **About Your Case:** - What’s your initial assessment of my situation? - What defense strategies might apply here? - What’s the realistic range of outcomes I should expect? **About Logistics:** - Who will actually be handling my case? (Some firms pass cases to junior associates) - How will you keep me updated on developments? - What’s your typical response time for calls or emails? **About Costs:** - How do you structure your fees? - What’s included in that fee, and what costs extra? - Do you offer payment plans? Pay attention not just to the answers, but to how the attorney communicates. Are they explaining things clearly? Do they seem genuinely interested in your case? Do you feel comfortable talking to them? Remember, this person will be representing you during one of the most stressful periods of your life. You need to trust them. ## Evaluating Communication and Availability Good legal representation isn’t just about courtroom skills. It’s also about how well your attorney communicates with you throughout the process. When you’re facing criminal charges, you’ll have questions. Lots of them. You deserve an attorney who: - Returns calls and emails within a reasonable timeframe - Explains legal concepts in plain English, not confusing jargon - Keeps you informed about what’s happening with your case - Makes time to address your concerns During your consultation, get a sense of their communication style. Do they listen to you, or do they do all the talking? Do they seem rushed, or do they give you their full attention? Also consider their caseload. An [attorney who’s juggling 100 active cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) might not have the bandwidth to give your situation the attention it deserves. Ask about this directly. A good attorney will be honest about their current workload and whether they can take on your case properly. At our firm, we believe you shouldn’t have to face [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) alone. We work as a team, which means there’s always someone available to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) and provide updates. That kind of support makes a real difference when you’re dealing with the stress of criminal charges. ## Understanding Legal Fees and Payment Structures Let’s talk money, because it matters. Criminal [defense attorneys](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) typically charge in one of a few ways: **Flat Fees:** A set amount for handling your entire case. This is common for straightforward matters like simple DUI charges or traffic violations. You know upfront what you’re paying. **Hourly Rates:** You pay for the time spent on your case. This can work well for complex cases, but costs can add up quickly. Make sure you understand the hourly rate and get estimates of total hours expected. **Retainer Plus Hourly:** You pay an upfront retainer, and the attorney bills against it at an hourly rate. When the retainer runs out, you may need to replenish it. During your consultation, ask for complete transparency about fees. What’s included? What’s billed separately? Are there additional costs for court appearances, expert witnesses, or investigators? Get the fee agreement in writing before you commit. A reputable attorney will have no problem providing clear documentation of their billing practices. One more thing: be wary of attorneys who quote fees significantly lower than everyone else. Quality legal representation costs money, and an unusually cheap option might mean inexperience, a heavy caseload, or corners being cut somewhere. ## Red Flags to Avoid When Hiring Some warning signs should make you think twice about hiring a particular attorney. Watch out for: **Guaranteed Outcomes** No ethical [attorney can promise you’ll win your case](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) or guarantee a specific result. Anyone who does is either lying or willing to say anything to get your business. Criminal cases involve too many variables for guarantees. **Pressure Tactics** If an attorney is pushing you to sign immediately or creating artificial urgency, that’s a problem. You should have time to make an well-informed choice about who represents you. **Poor Communication** Did they take forever to return your initial call? Were they distracted during your consultation? Did they seem uninterested in the details of your situation? These are signs of how they’ll treat you as a client. **Ethical Issues** Check the attorney’s record with the Illinois ARDC (Attorney Registration and Disciplinary Commission). Any history of complaints, sanctions, or disciplinary actions is a major red flag. **Arrogance vs. Confidence** There’s a difference between an attorney who’s confident in their abilities and one who’s arrogant. Confidence comes with listening and adapting. Arrogance often comes with dismissing your concerns and ignoring important details. **Unclear Fee Structures** If they can’t or won’t explain their fees clearly, walk away. Vague billing practices lead to unpleasant surprises later. Trust your gut. If something feels off during your consultation, it probably is. Keep looking. ## Conclusion Choosing the right criminal defense attorney is one of the most important decisions you’ll make when facing charges. Take your time, do your research, and don’t settle for someone who doesn’t feel like the right fit. Look for an attorney with specific criminal defense experience, knowledge of local courts in Joliet and the surrounding areas, a solid track record, and communication skills that make you feel informed and supported. Ask tough questions during consultations and pay attention to red flags. If you’re facing criminal charges in Joliet, Manteno, Wilmington, Morris, or anywhere in Will County, we’d welcome the opportunity to talk with you about your case. At O’Dekirk, Allred & Rhodes, LLC, our team includes former prosecutors who understand how the system works from both sides. We have deep knowledge of local courts and a reputation for fighting hard for our clients. Contact us today for a free consultation. You don’t have to face this alone, and the sooner you have experienced legal representation on your side, the better positioned you’ll be to achieve the best possible outcome in your case. ## Frequently Asked Questions ### What should I look for when choosing a criminal defense attorney? Look for an [attorney who focuses specifically on criminal defense,](https://www.odekirklaw.com/when-to-hire-a-criminal-defense-attorney-2/) has experience with your type of charges, and knows the local courts. Trial experience, a strong track record, and clear communication skills are also essential. Avoid attorneys who guarantee outcomes or have unclear fee structures. ### Why is local court experience important for a criminal defense lawyer? An [attorney familiar with local](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) courts understands how specific judges rule, which prosecutors negotiate, and what arguments work best in that jurisdiction. This insider knowledge directly influences defense strategy, [bail hearings,](https://www.odekirklaw.com/understanding-bail-bond-hearings/) and case outcomes—giving you a significant advantage in your case. ### How much does a criminal defense attorney cost? Criminal [defense attorneys](https://www.odekirklaw.com/tips-on-how-to-identify-a-good-criminal-defense-attorney/) typically charge flat fees, hourly rates, or retainer-plus-hourly arrangements. Costs vary based on [case complexity and the attorney’s experience](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). Always request a written fee agreement and be cautious of unusually low quotes, which may indicate inexperience or corner-cutting. ### What questions should I ask during a criminal defense consultation? Ask about their experience with similar cases, realistic outcomes for your situation, who will handle your case, their communication practices, and fee structure. Pay attention to how they explain legal concepts and whether they genuinely listen to your concerns during the meeting. ### What are red flags to avoid when hiring a criminal defense attorney? Watch out for guaranteed outcomes, pressure to sign immediately, poor communication, unclear fees, and any disciplinary history. An ethical attorney will never promise specific results and should be transparent about costs, availability, and their assessment of your case. ### Can I change my criminal defense attorney if I’m unhappy? Yes, you have the right to change attorneys at any time during your case. However, switching may cause delays and additional costs. Before making a change, communicate your concerns directly—sometimes issues can be resolved. If problems persist, finding better-suited representation is worth the inconvenience. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Attorney in Joliet --- ### [What to Expect at Your First Criminal Court Appearance](https://www.odekirklaw.com/what-to-expect-at-your-first-criminal-court-appearance/) **Published:** December 19, 2025 **Author:** O'Dekirk Law **Excerpt:** Learn what to expect at your first criminal court appearance—from arraignment to bail. Step-by-step guide to help you prepare and protect your rights. **Content:** If you’ve been charged with a crime in Joliet, Illinois, your first court appearance can feel overwhelming. You might not know what to wear, what to say, or even what the judge is going to ask you. That uncertainty is completely normal, and it’s exactly why we put together this guide. At O’Dekirk, Allred & Rhodes, LLC, many of our [criminal defense attorneys are former prosecutors](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). We’ve seen thousands of first appearances from both sides of the courtroom, and we know what works (and what doesn’t). Whether you’re facing a misdemeanor charge or something more serious, understanding what happens at your first criminal court appearance gives you a real advantage. Let’s walk through it step by step. ## Key Takeaways - Arrive at your first criminal court appearance at least 45 minutes early with your court notice, valid ID, and any bond paperwork. - Dress professionally in business casual attire—think job interview, not casual Friday—to make a positive impression on the judge. - Your first court appearance is typically an arraignment where you’ll hear the charges, learn your rights, and enter an initial plea. - In most cases, attorneys advise pleading not guilty at your first appearance to preserve all your legal options. - The judge will determine bail and pretrial release conditions, which may include contact restrictions, drug testing, or regular check-ins. - Having an experienced criminal defense attorney at your arraignment helps ensure favorable bail conditions and protects your rights from day one. ## Before You Arrive at the Courthouse Your first court appearance typically happens within 24 to 48 hours of your arrest if you’re held in custody. If you posted bond and were released, you’ll receive a notice with your court date, which might be a few weeks out. Either way, preparation matters. Arrive at the Will County Courthouse (or whichever courthouse handles your case in Manteno, Wilmington, or Morris) at least 45 minutes early. Courthouses have security screenings, and lines can get long, especially on busy mornings. Running late creates stress you don’t need, and judges notice when defendants show up after their case is called. Before you leave home, make sure you have your court notice with the case number, a valid government-issued ID, and any paperwork related to your arrest or bond conditions. If you’ve already retained an attorney, bring their contact information as well. And leave your phone in the car or turn it completely off. Judges don’t appreciate interruptions. ### What to Wear and Bring Dress like you’re going to a job interview. Business casual works well for most people: slacks or khakis, a collared shirt, closed-toe shoes. Avoid anything with logos, slogans, or graphics. Skip the hats and sunglasses. You want to look respectful and put-together without trying too hard. Bring a pen and a small notepad. Your attorney (or the judge) may give you important dates or instructions, and you’ll want to write them down. If you’ve completed any conditions of your pretrial release, like attending a class or getting an evaluation, bring documentation proving it. Here’s a quick checklist: - Court notice with your case number and courtroom assignment - Valid photo ID - Any bond paperwork or conditions of release - Pen and notepad - Payment method (cash, card, or money order) in case of fines or fees - Proof of any completed pretrial requirements Leave the attitude at home. Seriously. First impressions matter in court, and how you carry yourself can influence how the judge perceives you. ## Understanding the Arraignment Process Your first criminal court appearance is usually called an arraignment. This is where the formal legal process kicks off. It’s not a trial, and no one is asking you to prove your innocence yet. Instead, the arraignment serves a few specific purposes: the court makes sure you [understand what you’re charged](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) with, informs you of your constitutional rights, and gets your initial plea on record. For many people in Joliet and the surrounding areas, this is their first time standing before a judge. It can feel intimidating, but the process itself is fairly straightforward. The judge will call your name, verify your identity, and then move through the agenda. ### How the Judge Will Address Your Charges The judge (or a court clerk) will read the charges against you aloud. This is called the formal reading of charges, and it ensures you know exactly what the prosecution alleges you did. You’ll hear the specific statute you’re accused of violating and, in some cases, a brief description of the alleged conduct. Don’t interrupt. Don’t argue. Just listen. If you don’t understand something, your attorney can explain it afterward, or you can ask the judge for clarification politely. The judge will also review the arrest documentation and any police reports to confirm there was probable cause for your arrest. This isn’t a deep jump into the evidence, but it’s an important checkpoint in the process. ### Entering Your Plea After the charges are read, the judge will ask how you plead. You have three options: - **Not guilty**: This doesn’t mean you’re claiming innocence necessarily. It means you’re exercising your right to a trial and requiring the prosecution to prove their case. - **Guilty**: You admit to the charges. The court may proceed to sentencing, or schedule a sentencing hearing. - **No contest (nolo contendere)**: You don’t admit guilt, but you accept the conviction. This is sometimes used to avoid certain civil liability. In almost all cases, your attorney will advise you to plead not guilty at the arraignment. This preserves your options. You can always change your plea later as part of a negotiated agreement, but once you plead guilty, that door closes. If you don’t have an attorney yet, the judge will usually ask if you plan to hire one or if you need a public defender appointed. Don’t rush this decision. Legal representation at this stage is critical. ## Bail and Pretrial Release Conditions One of the most important things that happens at your first appearance is the bail determination. The judge will decide whether to release you while your case is pending, and under what conditions. If you were arrested and held in custody, the judge reviews whether the initial bail amount is appropriate. They might raise it, lower it, or release you on your own recognizance (meaning you don’t have to post any money, just promise to show up for future court dates). Several factors influence bail decisions: - The severity of the charges - Your criminal history - Whether you’re considered a flight risk - Your ties to the community (do you live and work in Joliet or nearby?) - Whether you pose a danger to anyone If the judge sets bail, you or a family member will need to post it before you can be released. In some cases, a [bail bond](https://www.odekirklaw.com/understanding-bail-bond-hearings/) company can help. If you can’t afford bail, your attorney can argue for a reduction or alternative conditions. Pretrial release often comes with strings attached. You might be ordered to: - Avoid contact with certain people - Stay away from specific locations - Submit to drug or alcohol testing - Check in with pretrial services regularly - Surrender your passport Violating these conditions can land you back in jail, so take them seriously. Write them down, and follow them to the letter. ## The Role of Your Attorney Having an experienced criminal defense attorney at your first appearance makes a real difference. We’ve seen it countless times at O’Dekirk, Allred & Rhodes, LLC. Defendants who show up alone often feel lost, [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) they shouldn’t, and miss opportunities to advocate for better bail conditions or an early dismissal of weak charges. Your attorney’s job at the arraignment includes: - Advising you on how to plead - Arguing for reasonable bail or release conditions - Identifying any procedural issues with your arrest - Gathering initial information about the prosecution’s case - Communicating with the prosecutor about next steps If you haven’t [hired an attorney](https://www.odekirklaw.com/tips-for-hiring-a-criminal-attorney/) yet, the court will ask if you want one appointed. Public defenders handle heavy caseloads, but they’re skilled [attorneys who can protect](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) your rights. That said, if you have the means to hire private counsel, you often get more personalized attention and strategy. Our firm’s reputation in Will County is strong. We’re regularly hired by police officers and firefighters facing their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) because they know how we operate in local courtrooms. That kind of trust doesn’t come from luck. It comes from years of successful outcomes and knowing the system inside and out. Bottom line: don’t go to your first court appearance without legal representation if you can help it. The decisions made at that hearing affect everything that follows. ## What Happens After Your First Appearance Once your arraignment is complete, your case moves into the pretrial phase. Here’s what to expect. The prosecutor’s office reviews the evidence and formally files charges. For misdemeanors, this typically happens within 21 days. Felony cases can take longer, up to 90 days in some situations. During this time, your attorney will begin gathering information through a process called discovery. Discovery includes: - Police reports and investigation notes - Witness statements and contact information - Physical evidence (photos, videos, forensic results) - Any statements you made to law enforcement Your attorney will review all of this to identify weaknesses in the prosecution’s [case and build your defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) strategy. This is also when plea negotiations often begin. Many [criminal cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) in Joliet and surrounding areas like Morris and Wilmington are resolved through negotiated agreements rather than trials. You’ll have additional court dates during the pretrial phase. These might include status hearings, motion hearings (where your attorney can challenge evidence or procedural issues), and settlement conferences. Each one moves your case closer to resolution. Throughout this process, stay in [close contact with your attorney](https://www.odekirklaw.com/qualified-real-estate-attorneys-can-make-your-closing-a-breeze/). Show up to every court date on time. Follow all pretrial conditions. And don’t discuss your case with anyone except your lawyer. Anything you say to friends, family, or on social media can potentially be used against you. The pretrial phase can feel slow, but it’s where the real work happens. A good defense takes time to build. ## Conclusion Your first criminal court appearance sets the tone for your entire case. Walking in prepared, dressed appropriately, and with a clear understanding of what’s going to happen gives you a significant advantage. More importantly, having an [experienced attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) by your side ensures your rights are protected from day one. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless clients through the Will County court system. Whether you’re facing charges in Joliet, Manteno, Wilmington, or Morris, we know the local judges, the prosecutors, and what it takes to achieve the best possible outcome. Our team of former [prosecutors and skilled defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) attorneys will work relentlessly on your behalf. Don’t face this alone. Contact us today for a free consultation and let us take the burden off your shoulders. ## Frequently Asked Questions ### What happens at your first criminal court appearance? Your first criminal court appearance, called an arraignment, is where the judge formally reads the charges against you, explains your constitutional rights, and asks you to enter an initial plea. It’s not a trial—no evidence is presented, and you’re not required to prove your innocence at this stage. ### What should I wear to my first court appearance? Dress as if you’re going to a job interview. Business casual works well—slacks or khakis, a collared shirt, and closed-toe shoes. Avoid hats, sunglasses, or clothing with logos and slogans. Looking respectful and put-together makes a positive impression on the judge. ### Should I plead guilty or not guilty at an arraignment? In most cases, attorneys advise pleading not guilty at your first criminal court appearance. This preserves your options, allows time for discovery, and requires the [prosecution to prove their case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/). You can always change your plea later through a negotiated agreement if needed. ### How is bail determined at your first court appearance? The judge considers several factors when setting bail, including the severity of charges, your criminal history, flight risk, community ties, and whether you pose a danger to others. You may be released on your own recognizance, granted reduced bail, or held until bail is posted. ### Do I need a lawyer for my first criminal court appearance? Yes, having an experienced criminal defense attorney at your arraignment is highly recommended. They advise you on how to plead, argue for favorable bail conditions, identify procedural issues, and protect your rights. Defendants without representation often miss critical opportunities early in their case. ### How long does the criminal court process take after arraignment? After arraignment, your case enters the pretrial phase. Misdemeanor charges are typically filed within 21 days, while felony cases may take up to 90 days. The process includes discovery, motion hearings, and potential plea negotiations, which can extend the timeline by several months. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Find a Criminal Attorney in Joliet --- ### [Illinois Law and Prenuptial Agreements](https://www.odekirklaw.com/illinois-law-prenuptial-agreements/) **Published:** June 14, 2017 **Author:** O'Dekirk Law **Content:** [![Illinois Law and Prenuptial Agreements ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Bride-and-Groom-300x200.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/Bride-and-Groom.jpg)At [O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com), we have numerous clients who come to us for help in understanding Illinois law and prenuptial agreements. These days, it’s not that unusual for a couple who’s considering marriage to also contemplate whether or not a prenuptial agreement is right for them. The first step is seeing how this arrangement works in the state of Illinois. **The Basics of Prenuptial Agreements** [Prenuptial agreements](https://www.odekirklaw.com/prenuptial-agreements-law-attorney-joliet-il.html) create a financial understanding both during and after a marriage. It’s made before marriage and it is essentially a contract between spouses. Prenuptial agreements determine how a couple will handle their debts, financial issues, and assets both during their marriage and if they ever decide to divorce. They are also used to delineate the financial circumstances of each spouse and make determinations about how everything will be managed if there is a divorce. The agreement becomes effective upon marriage. **Who Might Want a Prenuptial Agreement?** A [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) may not seem all that romantic, but they can often be very useful and actually improve marital happiness by addressing your financial issues ahead of time. Though prenuptial agreements used to be somewhat unusual, over time they have become very common. There are a number of reasons to consider a [prenuptial agreement](https://www.odekirklaw.com/prenuptial-agreements-law-attorney-joliet-il.html), such as: - If you have children from a previous marriage. You may want or need to protect their inheritance, as well as their future financial interests. - If you have a business, you may have interests that would need protection in a potential divorce, or even potentially during your marriage. - If you have assets, retirement accounts, or property, you may want these to be clarified as personal assets which will not be split if a divorce occurs. - You may want an agreement about any property or assets that are acquired during your marriage to outline how such acquisitions will be handled both during the marriage and after the marriage if there is a break-up. **What Can a Prenuptial Agreement in Illinois Cover?** In Illinois, prenuptial agreements can cover some or all of the following: - Whether one spouse pays another alimony in case of a [divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html). This can include both the amount and the duration. - Each spouse’s property ownership following a divorce. - Each spouse’s right to sell, transfer, manage, use, or dispose of property both during the marriage and following the occurrence of a divorce. - Either spouse’s responsibility for having a will that will carry out the terms in the prenuptial agreement. - The ownership rights of either spouse in the death benefit from the other spouse’s life insurance policy. - Any other issue that can be legally part of a contract between two people. **Can a Couple Make Amendments to a Prenuptial?** Yes, if both spouses want to alter or revoke their [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) they can as long as they are still married. Alterations to the [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) must be signed by both spouses and the changes they wish to make must be in writing. **Illinois Law and Prenuptial Agreements, Child Custody** Prenuptial agreements cannot determine or change a child’s right to receive [child support](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). The right to child support belongs to the child, not the parent or legal guardian, and as a result, parents cannot determine, change, or cancel child support via a prenuptial agreement. Additionally, prenuptial agreements cannot decide child custody. Depending on the situation, parents or the court will decide [custody for the child or children](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) at the time of the divorce, based on the child’s best interest at the time of the divorce. **Illinois Law and Prenuptial Agreements, Enforcement** Like a number of other states, Illinois uses the Uniform Premarital Agreement Act (UPAA). UPAA guidelines outline for the courts whether a [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) is enforceable in the state. Prenuptial agreements do not require a witness beyond the couple involved, and the document must be in writing and signed by both spouses. Additionally, [prenuptial agreements](https://www.odekirklaw.com/prenuptial-agreements-law-attorney-joliet-il.html) are not required to be recorded by a court clerk. While a listing of both spouses debts, assets, and property is not legally required, a court is more likely to enforce the agreement when it is clear that both parties had a clear understanding of each other’s financial situation. **Avoid Nullifying Enforcement of Your Prenuptial Agreement** There are circumstances, which will prompt a judge to not enforce the terms of your [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/). These include: - If one spouse signed the agreement under duress. Duress is not simply that the marriage would not take place unless the [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) was signed. There must have been the kind of threat that the spouse had no other choice but to sign. The amount of time between the signing of the agreement and the marriage may play a role in this determination as well - If following the agreement would result in one spouse needing public assistance - The terms of the agreement are unconscionable (or severely unfair/unjust) - If not all assets were disclosed or the disclosure was dishonest (i.e. the spouse did not waive receiving the financial information) - If there was no other way for a spouse to know about the other’s financial situation It is up to the judge hearing the divorce case to decide whether the [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) is unenforceable due to the circumstances. Attorneys are not required for the judge to make a determination whether the agreement is enforceable. **Other Situations that Invalidate the Agreement** There are additional circumstances that would invalidate a [prenuptial agreement](https://www.odekirklaw.com/prenuptial-agreements-law-attorney-joliet-il.html). If one spouse was too young to marry, the agreement will be invalidated. Also, if a spouse was still married to another person, the agreement will be considered invalid. Spouses who are mentally deficient, legally incompetent, or insane cannot be expected to have fully understood the prenuptial agreement and such a situation would render the agreement invalidated. Now that you understand more about Illinois law and prenuptial agreements, come to [O’Dekirk, Allred, and Associates Joliet](https://www.odekirklaw.com) for help in putting your prenuptial agreement together so that you and you spouse are better protected both during your marriage and in the unfortunate event of divorce. Simply contact us today for a free initial consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Why You Need a Real Estate Lawyer](https://www.odekirklaw.com/need-real-estate-lawyer/) **Published:** October 15, 2017 **Author:** O'Dekirk Law **Content:** [![Why You Need a Real Estate Lawyer ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Nice-House-300x200.jpg "Nice House - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/Nice-House.jpg)Today, [O’Dekirk, Allred & Associates](https://www.odekirklaw.com) in Joliet discusses why you need a real estate lawyer. We know that buying a home is one of life’s most significant purchases, involving a lot of paperwork and various legal issues. Even as a seller, it’s not as easy as finding a buyer and collecting a check. Everything must be handled systematically, contracts need to be read and understood, and if anything goes awry, both buyers and sellers need legal protection. Let’s break down why you need a real estate lawyer even further… **Purchasing a Home** For the majority of home purchases, a seller contracts with a real estate agent, usually in writing. This contract is called a brokerage contract. When the agent (also referred to as the broker) locates a buyer, any negotiations that need to take place are done through the broker because the broker is responsible for acting as an intermediary between the two parties, the buyer and seller. Once the parties have reached an informal agreement on an offer, a formal written contract is drawn up and signed. The buyer must then pay or obtain financing if they don’t have it already. A title search, inspection, and appraisal are performed. Eventually, the buyer takes possession of the property and the seller receives the agreed upon amount of money. Like any purchase, there can be issues. For example, some houses, like cars, can turn out to be lemons. This is when and why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html). **Unclear Terms** A real estate lawyer will help you avoid problematic terms in the sale of your home. Some of these problems begin with the brokerage agreements. Many real estate agents use standard forms. These forms can lead to problems. For example, if there is no agreement to the contrary, the seller may have to pay a brokerage commission, even if the property doesn’t sell. Also, the seller can end up paying more than one commission. Using a [residential real estate attorney](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) can help ensure that particular options are available to you as either the buyer or the seller. A real estate lawyer can ensure that a seller or buyer has the right to negotiate on his or her behalf. Lawyers can also help if there are issues and the seller needs to withdraw from the contract. There are a number of laws and issues that a real estate lawyer can prevent and they can help prepare buyers and sellers. Real [estate lawyers](https://www.odekirklaw.com/how-to-choose-a-real-estate-lawyer/) also ensure that their clients are better aware of what their contracts mean and whether it is really in their best interest to sign. If you need a real estate lawyer, contact us here at O’Dekirk, Allred & Associates in Joliet. **Consultations** Even if one not necessary during negotiations, the buyer or seller may want to consult with a real estate lawyer regarding the tax consequences of the sale. Income tax for the seller, in particular, can be substantial. A great reason why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) prior to the sale is to learn about and take advantage of various tax provisions to lessen the impact. **Purchase Agreement** The single most important document in a property sale is the purchase agreement. Using a real estate lawyer to step through the purchase agreement for the sale can help offer an opportunity to tailor the agreement to better address the needs of the parties involved. Here are some common examples of things a real estate lawyer can help determine: - Was there a lawful addition to the property or has the property been altered? - Will future changes to the property that the buyer wants to make be legally allowed? - If an inspection reveals lead-based paint, termites, asbestos, or radon, what will happen? - What will occur if the property is found to contain hazardous waste? - If the closing fails to take place, what happens? What are the legal consequences? What happens to the earnest money and down payment? - Will the down payment be held in an escrow account? Will a lawyer oversee the escrow account? What are the escrow instructions and are they appropriate? - Does closing depend on the buyer getting financing? Is the condition appropriate for this sale? Most buyers need to finance most of the purchase price for a home with a mortgage. The purchase agreement should include a carefully worded condition that the purchase agreement is contingent upon the buyer obtaining financing. **Title Search** Once a purchase agreement is signed, it is appropriate to determine the title for the property. It is important that both the buyer and the financial institution offering to finance are satisfied with the [results of the title search](https://www.odekirklaw.com/search-results-page/). It is also important to ensure that the legal description is accurate and that there are no issues with prior or adjoining owners. Review of the title and ensuring the accuracy of the legal description can be confusing which is why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html). They can help determine if there are any exceptions to the title or whether there are potential problems. **Zoning** A real estate lawyer can also ensure that you are aware of any zoning issues. The title search does not include any zoning information. If there are future plans for improvement, the real estate lawyer can help determine whether any zoning ordinances would be violated. **Closing** Even the finish line can be problematic. All closing papers must be prepared, as well as the sale transaction. A real estate lawyer can help a buyer or seller with all of the closing paperwork and ensure that everything is appropriate and properly executed. It is also helpful to have a real estate lawyer present just in case any last minute disputes arise. If other parties involved have a lawyer present and you are without one, your interests could be unprotected. As you can see, there are many reasons why you need a real estate lawyer, so make sure your interests are protected during one of biggest events in your life. At [O’Dekirk, Allred & Associates](https://www.odekirklaw.com) in Joliet, we want to make sure that the buying or selling of your home is a positive experience. Let us guide you through the process and provide peace of mind. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Understanding Probation Violations and Penalties in Illinois](https://www.odekirklaw.com/understanding-probation-violations-and-penalties/) **Published:** January 16, 2026 **Author:** O'Dekirk Law **Excerpt:** Learn how probation violations work in Illinois, including technical vs. substantive violations, potential penalties, and your legal rights at a violation hearing. **Content:** Probation can feel like a second chance. Instead of serving time behind bars, you’re allowed to live at home, keep your job, and maintain your relationships. But that opportunity comes with strict conditions, and if you slip up, the consequences can be severe. At O’Dekirk, Allred & Rhodes, LLC, we’ve helped countless clients across Joliet and the surrounding communities navigate the complexities of probation violations. We know how stressful it can be when you’re facing allegations that could send you to jail. The good news? You have options, and understanding how probation violations work in Illinois is the first step toward protecting your future. ## Key Takeaways - Probation violations fall into two categories: technical violations (breaking probation rules) and substantive violations (committing a new crime), with substantive violations carrying more severe consequences. - The standard of proof for probation violations is lower than criminal trials—prosecutors only need to show the violation occurred by a “preponderance of the evidence.” - Penalties for probation violations range from modified conditions and extended probation to full revocation, which could mean serving your original jail or prison sentence. - Factors like violation severity, compliance history, and your response to the allegation significantly influence how judges determine your penalty. - If accused of a probation violation, contact an attorney immediately, gather supporting documentation, and attend your hearing—ignoring the situation will only make things worse. - Taking proactive steps like enrolling in treatment programs or demonstrating improved compliance before your hearing can positively impact the outcome. ## What Is Probation and How Does It Work? Probation is a court-ordered period of supervision that allows someone convicted of a crime to remain in the community rather than serving time in jail or prison. It’s available for both [misdemeanors and felonies](https://www.odekirklaw.com/for-felonies-and-misdemeanors-it-pays-not-to-rely-on-just-one-attorney/) in Illinois, though the specific terms depend heavily on the nature of the offense. When a judge grants probation, they typically review a pre-sentence investigation (PSI) report. This document examines your background, criminal history, employment status, family situation, and overall risk level. Based on this information, the court sets conditions you must follow for a specified period, usually ranging from one to ten years depending on the severity of the crime. Common probation conditions include: - Reporting regularly to a probation officer - Avoiding contact with certain individuals - Submitting to random drug and alcohol testing - Maintaining employment or attending school - Completing community service hours - Paying fines, court costs, or restitution to victims - Attending counseling or rehabilitation programs - Staying within geographic boundaries (no travel without permission) Your probation officer supervises your compliance with these conditions. They have significant authority to monitor your activities, and they report directly to the court. If they believe you’ve violated any terms, they can initiate proceedings that could land you back in front of a judge. For residents of Joliet, Manteno, Wilmington, and Morris, understanding these conditions is critical. Local courts take probation seriously, and what might seem like a minor oversight can quickly escalate into a formal violation. ## Common Types of Probation Violations Probation violations generally fall into two categories: technical violations and substantive violations. Knowing the difference matters because it affects how the court views your situation and what penalties you might face. ### Technical Violations Technical [violations involve breaking the rules of your probation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) without committing a new crime. These are often the result of oversight, confusion about the terms, or circumstances that made compliance difficult. Examples of technical violations include: - Missing a scheduled meeting with your probation officer - Failing to complete required community service hours on time - Testing positive for drugs or alcohol (even if possession wasn’t involved) - Traveling outside your permitted area without approval - Changing your address without notifying your probation officer - Failing to maintain employment - Missing payments toward fines or restitution Technical violations don’t always result in immediate incarceration, but they’re still taken seriously. Repeated technical violations signal to the court that you’re either unwilling or unable to follow the terms of your probation, which can lead to harsher consequences. ### Substantive Violations Substantive violations occur when you commit a new [criminal offense](https://www.odekirklaw.com/do-i-need-a-criminal-attorney-for-online-offenses/) while on probation. This is considered far more serious than a technical violation because it demonstrates a disregard for the law while you’re already under court supervision. A substantive violation could involve anything from a traffic offense to a felony charge. Even an arrest, without a conviction, can trigger a [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) hearing. In Joliet and throughout Will County, prosecutors tend to take a harder stance on substantive violations because they represent a clear failure to take advantage of the second chance probation provides. The stakes are higher with substantive violations. You could [face penalties for both the original offense](https://www.odekirklaw.com/5-things-you-should-do-when-facing-a-first-offense-dui/) and the new charge, potentially resulting in consecutive sentences. ## What Happens When You Violate Probation When your [probation officer believes you’ve violated](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) the terms of your probation, they file a petition with the court. This petition outlines the specific violations and requests a hearing. You’ll receive notice to appear, and the legal process begins. The court will schedule what’s called a “show cause” hearing. At this hearing, the prosecution must prove that you [violated your probation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/). Here’s where it gets important: the standard of proof is lower than in a [criminal trial](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/). Instead of proving your guilt “beyond a reasonable doubt,” prosecutors only need to show that the violation occurred by a “preponderance of the evidence.” That means they just need to demonstrate it’s more likely than not that you violated the terms. There’s no jury at a [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) hearing. A judge decides whether the violation happened and what the consequences should be. You have the right to: - Be represented by an attorney - Present evidence in your defense - Call witnesses on your behalf - Cross-examine witnesses against you - Testify (or choose not to testify) on your own behalf At the hearing, you can either admit to the violation or contest it. If you admit the violation, the judge moves directly to sentencing. If you contest it, both sides present their evidence, and the judge makes a determination. This is where having experienced legal representation becomes critical. The attorneys at O’Dekirk, Allred & Rhodes, LLC have handled [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) cases throughout Will County and understand how local courts operate. We’ve seen firsthand how proper preparation and a solid defense strategy can make a real difference in outcomes. ## Potential Penalties for Probation Violations The penalties for probation violations in Illinois vary widely based on the type of violation, your history, and the judge’s discretion. Here’s what you could be facing: **Continued Probation with Modified Conditions** For first-time technical violations, judges sometimes allow probation to continue but add stricter conditions. This might include more frequent check-ins, additional drug testing, electronic monitoring, or mandatory counseling programs. **Extended Probation Period** The court can extend the length of your probation. If you had six months left on a two-year probation, for example, the judge might add another year. **Additional Fines and Fees** Violations often come with financial penalties. These can add up quickly, especially if you’re already struggling to pay restitution or court costs from your original sentence. **Short-Term Jail Time Followed by Reinstated Probation** Some judges impose a brief jail sentence, sometimes called “shock incarceration,” as a wake-up call. After serving this time, probation continues under the original or modified terms. **Probation Revocation and Full Sentence** The most severe outcome is revocation. If the judge revokes your probation, you’ll serve the original sentence that was suspended when probation was granted. For felony offenses, this could mean years in prison. For residents of Joliet, Manteno, Wilmington, and Morris, it’s worth noting that local judges have their own approaches to probation violations. Some are more lenient with technical violations, while others take a firm stance regardless of the circumstances. An [attorney familiar with the local courts](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) can give you a realistic picture of what to expect. ## Factors That Influence Sentencing Outcomes Not all probation violations result in the same penalties. Judges consider several factors when deciding your fate: **The Severity of the Violation** Missing one meeting with your probation officer is treated differently than getting arrested for assault. Courts look at how serious the violation is and whether it represents a genuine threat to public safety. **Your Compliance History** If you’ve followed every rule for 18 months and then slip up once, that context matters. Conversely, a pattern of [violations suggests you’re not taking probation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) seriously. **Your Criminal History** Prior convictions and previous probation violations weigh heavily. A first-time offender generally receives more leniency than someone with a lengthy record. **Risk of Recidivism** The court considers whether you’re likely to reoffend. Factors like stable employment, family support, completion of treatment programs, and your overall attitude during proceedings all come into play. **Recommendations from the PSI Report** The pre-sentence investigation report that informed your original probation continues to influence decisions. Probation officers also provide input on whether they believe you can successfully complete supervision. **The Circumstances Surrounding the Violation** Context matters. Did you miss a meeting because you were hospitalized? Did you fail a drug test during an incredibly stressful life event? Judges aren’t machines: they consider the human circumstances behind violations. **Your Response to the Allegation** How you handle the violation matters. Taking responsibility, showing genuine remorse, and demonstrating concrete steps you’ve taken to prevent future violations can influence the outcome. ## How to Respond to a Probation Violation Allegation If you’ve been accused of [violating your probation,](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) here’s what you need to do: **1. Don’t Panic, But Don’t Ignore It** A violation allegation isn’t an automatic trip to jail. You have rights, and you have options. But ignoring the situation will only make things worse. Missing your hearing could result in a warrant for your arrest. **2. Contact an Attorney Immediately** Time is critical when facing a [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/). An [experienced criminal defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) can review the allegations, gather evidence, and develop a strategy before your hearing. We’ve seen too many people try to handle these situations alone, only to face harsher penalties than necessary. **3. Gather Documentation** If you have evidence that explains or contradicts the violation, collect it now. This might include medical records, employment verification, receipts, or anything else that supports your case. **4. Attend Your Hearing** Skipping court is the worst thing you can do. It shows disrespect for the process and gives the judge no reason to be lenient. **5. Be Honest with Your Attorney** Your lawyer needs to know exactly what happened, even if it’s embarrassing or incriminating. We can’t build an effective defense if we’re surprised by facts in the courtroom. **6. Show You’re Taking Steps to Comply** If the violation involved substance abuse, enrolling in a treatment program before your hearing demonstrates initiative. If you missed appointments due to transportation issues, showing you’ve arranged reliable transportation signals commitment to compliance. Outcomes at violation hearings range from a warning to full revocation and incarceration. The difference often comes down to preparation and representation. ## Conclusion Probation violations can derail your life if you don’t handle them properly. What starts as a missed meeting or a failed drug test can spiral into jail time if you don’t understand the process and take it seriously. But here’s the thing: violations aren’t the end of the road. With the right approach and experienced legal guidance, many people successfully navigate these situations and continue their lives without incarceration. At O’Dekirk, Allred & Rhodes, LLC, we’ve built our reputation in the Joliet legal community by fighting hard for our clients. Our experience extends throughout Will County, including Manteno, Wilmington, and Morris, and we understand how local courts handle [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) cases. If you’re facing a [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) allegation, don’t wait. Contact us today to discuss your situation. We’ll review the facts of your case, explain your options, and work toward the best possible outcome. Your future is worth protecting, and we’re here to help you do exactly that. ## Frequently Asked Questions About Probation Violations ### What is the difference between technical and substantive probation violations? Technical [violations involve breaking probation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) rules without committing a new crime, such as missing a meeting or failing a drug test. Substantive violations occur when you commit a new [criminal offense](https://www.odekirklaw.com/do-i-need-a-criminal-attorney-for-online-offenses/) while on probation and are considered far more serious, often resulting in harsher penalties including consecutive sentences. ### What happens if you violate probation in Illinois? When a [probation violation](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) occurs, your probation officer files a petition with the court, triggering a show-cause hearing. A judge will determine if the violation happened using a preponderance of the evidence standard. Penalties range from modified probation conditions to full revocation and serving your original sentence. ### Can you go to jail for a first-time probation violation? Not necessarily. For first-time technical violations, judges often allow probation to continue with stricter conditions like additional drug testing or electronic monitoring. However, substantive violations or repeated offenses significantly increase the likelihood of incarceration, including shock incarceration or full probation revocation. ### How can I avoid a probation violation? Stay in regular contact with your probation officer and attend all scheduled meetings. Complete required community service, maintain employment, and avoid prohibited substances. If circumstances prevent compliance, communicate proactively with your officer rather than waiting for issues to escalate into formal violations. ### Do I need a lawyer for a probation violation hearing? While not legally required, having an [experienced criminal defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) is strongly recommended. Probation violation hearings have a lower burden of proof than [criminal trials,](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) and proper legal representation can help gather evidence, develop defense strategies, and potentially negotiate more favorable outcomes with the court. ### What factors do judges consider when sentencing probation violations? Judges evaluate the severity of the violation, your compliance history, criminal background, and risk of reoffending. They also consider circumstances surrounding the violation, recommendations from probation officers, and whether you’ve shown genuine remorse or taken corrective steps before the hearing. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Defense Attorney --- ### [The Role of Former Prosecutors in Criminal Defense Cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) **Published:** December 5, 2025 **Author:** O'Dekirk Law **Excerpt:** Former prosecutors bring insider knowledge to criminal defense cases. Learn how their experience with prosecution strategies can strengthen your defense. **Content:** If you’re facing criminal charges in Joliet or the surrounding Will County area, you’ve probably started researching defense attorneys. And if you’ve done even a little digging, you may have noticed something interesting: many of the best criminal defense lawyers are former prosecutors. At O’Dekirk, Allred & Rhodes, LLC, several of our attorneys spent years on the other side of the courtroom before transitioning to criminal defense. This isn’t a coincidence. When someone’s freedom, reputation, and future are on the line, having a lawyer who truly understands how prosecutors build their cases can make a real difference in the outcome. But what exactly does that experience bring to your defense? And is hiring a former prosecutor always the right move? Let’s break it down. ## Key Takeaways - Former prosecutors bring insider knowledge of how cases are built, helping defense attorneys identify weaknesses in the prosecution’s strategy. - Established relationships within the court system can lead to smoother negotiations and better communication with judges and opposing counsel. - When evaluating your case, former prosecutors know exactly what evidence the state needs to prove charges—and where gaps may exist. - Prosecutorial experience strengthens plea negotiations because these attorneys understand internal pressures and know when a deal is worth taking. - Not all prosecutorial backgrounds are equal—consider the attorney’s specific experience, how recently they served, and their familiarity with local courts. - For criminal defense cases in Will County, hiring an attorney who combines former prosecutor insight with current local court knowledge offers a strategic advantage. ## Why Former Prosecutors Transition to Criminal Defense You might wonder why someone would leave a steady government job to start defending the very people they used to prosecute. The reasons vary, but a few common themes emerge. First, many prosecutors reach a point in their careers where they want more control over their caseload and the types of clients they represent. Working for the state means handling whatever cases land on your desk. In private practice, attorneys can be more selective and invest more time in each case. Second, there’s the simple reality that private practice often offers better financial opportunities. Prosecutors typically earn modest salaries compared to [experienced defense attorneys,](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) especially those with strong reputations. But perhaps the most compelling reason is this: after years of seeing how the system works from the inside, many prosecutors develop a deep appreciation for the importance of a strong defense. They’ve seen cases where defendants had inadequate representation. They’ve watched people’s lives change because of how their case was handled. And they want to use what they’ve learned to help people navigate one of the most difficult experiences of their lives. For residents in Joliet, Manteno, Wilmington, and Morris who find themselves facing charges, this means access to attorneys who bring genuine courtroom experience and a nuanced understanding of Illinois criminal law. ## Key Advantages of Hiring a Former Prosecutor When you [hire a defense attorney](https://www.odekirklaw.com/when-to-hire-a-criminal-defense-attorney/) with prosecutorial experience, you’re getting more than just legal knowledge. You’re getting someone who has spent years learning exactly how the other side operates. ### Insider Knowledge of Prosecution Strategies This is the big one. Former prosecutors know how cases are built from the ground up. They understand: - How law enforcement gathers and documents evidence - What factors lead prosecutors to file certain charges over others - Which types of evidence prosecutors consider most valuable - Where the typical weak points in a prosecution’s case tend to appear - How prosecutors evaluate whether to offer plea deals This insider perspective isn’t something you can learn from a textbook. It comes from sitting in that chair, reviewing police reports, interviewing witnesses, and presenting cases to judges and juries. At O’Dekirk, Allred & Rhodes, LLC, our former prosecutors have handled everything from DUI cases to serious felonies. They’ve seen the tactics that work, the arguments that fall flat, and the mistakes that can derail a prosecution. Now they use that knowledge to identify vulnerabilities in the cases against our clients. For someone facing charges in Joliet or anywhere in Will County, this translates to a defense team that can anticipate what’s coming and prepare accordingly. ### Established Relationships Within the Court System Criminal law is practiced in a relatively small community. Judges, prosecutors, court staff, and [defense attorneys](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) often work together for years. These professional relationships matter more than you might think. Former prosecutors have spent considerable time building credibility with judges and fellow attorneys. They’ve demonstrated their professionalism, their preparation, and their reliability. When they make representations to the court, their word carries weight. These relationships don’t mean anyone gets special treatment. But they do help better communication, smoother negotiations, and sometimes a willingness from prosecutors to consider alternative resolutions they might not offer to an unknown defense attorney. Our reputation in the local legal community speaks for itself. We’re often hired by police officers and firefighters facing [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) because they know how the system works and they trust us to handle their cases effectively. ## How Former Prosecutors Approach Defense Differently There’s a difference between knowing the law and knowing how the law actually plays out in a courtroom. Former prosecutors bring a practical, battle-tested approach to criminal defense. ### Case Evaluation and Strategic Planning When we review a new case, our attorneys don’t just look at what happened. They look at what the prosecution can prove, and more importantly, what they can’t. This evaluation includes: - Analyzing the strength and admissibility of physical evidence - Identifying potential constitutional violations in how evidence was obtained - Assessing witness credibility and potential inconsistencies - Reviewing police reports for procedural errors or omissions - Determining whether the charges fit the actual facts of the case Because our former prosecutors have been on the other side, they know exactly what prosecutors look for when building a case. They also know the common shortcuts and assumptions that can weaken a prosecution’s position. This thorough approach is especially important for serious charges. Whether you’re facing felony accusations in Joliet or dealing with a DUI case in Morris, a detailed case evaluation can reveal opportunities that a less [experienced attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) might miss. ### Negotiating Plea Deals and Reduced Charges Not every case goes to trial. In fact, most don’t. That makes negotiation skills absolutely critical. Former prosecutors understand the internal pressures that shape plea negotiations. They know that prosecutors have large caseloads and limited resources. They understand which factors might make a prosecutor more willing to reduce charges or recommend a lighter sentence. And they know how to present mitigating information in a way that actually moves the needle. More importantly, they know when a deal isn’t worth taking. Because they’ve evaluated [cases from the prosecution](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) side, they can often tell whether the state’s case is strong enough to warrant a plea or weak enough to fight. Our extensive trial experience at O’Dekirk, Allred & Rhodes, LLC gives us leverage in these negotiations. Prosecutors know we’re willing and able to take cases to trial when necessary, which often leads to better offers at the negotiating table. ## Potential Limitations to Consider We’d be doing you a disservice if we didn’t acknowledge that prosecutorial experience isn’t a magic solution. Like any factor in [choosing an attorney](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/), it has to be considered in context. For one thing, prosecution experience varies widely. An [attorney who spent two years handling traffic cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) has a very different background than someone who prosecuted violent felonies for a decade. The specific experience matters. There’s also the question of how long ago someone worked as a prosecutor. Laws change, procedures evolve, and personnel in the prosecutor’s office turns over. An attorney who left the prosecutor’s office 20 years ago may have less relevant insider knowledge than you’d expect. Also, some cases simply don’t hinge on prosecutorial strategy. A straightforward traffic violation, for example, may not require the same level of strategic thinking as a complex felony case. The key is matching the attorney’s experience to your specific situation. A good criminal defense firm will have attorneys with varied backgrounds and will assign cases based on what each client actually needs. For residents throughout Will County, from Joliet to Wilmington to Manteno, finding [local attorneys](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) who combine prosecutorial insight with current knowledge of how local courts operate provides the best of both worlds. ## Choosing the Right Criminal Defense Attorney for Your Case So how do you actually find the right attorney? Here are some practical considerations: **Look at specific experience.** Don’t just ask if someone was a prosecutor. Ask what types of cases they handled, how many trials they’ve conducted, and how long they’ve been practicing criminal defense. **Consider local knowledge.** Criminal law is practiced at the local level. An attorney who knows the judges, the prosecutors, and the procedures in Will County courts will be more effective than someone unfamiliar with local practice. **Ask about their approach.** A good attorney should be able to explain how they would evaluate your case and what their general strategy would be. Be wary of anyone who promises specific outcomes before reviewing the facts. **Check their reputation.** Word gets around in the legal community. Our firm is frequently hired by police officers and firefighters facing [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) because they understand the system and they trust our track record. **Trust your instincts.** You need an attorney you can communicate with openly. If something feels off during your initial consultation, keep looking. Criminal charges can lead to severe consequences. Jail time, a permanent record, impacts on your job and your family. These stakes are too high to settle for an attorney who doesn’t inspire confidence. ## Conclusion The role of former prosecutors in criminal defense is significant. Their insider knowledge of how cases are built, their established relationships within the court system, and their practical experience evaluating evidence all contribute to stronger defense strategies. At O’Dekirk, Allred & Rhodes, LLC, we combine this prosecutorial background with an in-depth knowledge of the local court system and Illinois law. Our extensive trial experience gives us the ability to advocate aggressively for our clients, whether through negotiation or in the courtroom. If you’re facing criminal charges in Joliet, Manteno, Wilmington, Morris, or anywhere in Will County, we’re here to help. We handle felonies, misdemeanors, DUI cases, traffic violations, and more. Contact our office today to schedule a consultation and learn how our experience can work for you. ## Frequently Asked Questions ### Why do former prosecutors make good criminal defense lawyers? Former prosecutors bring insider knowledge of how cases are built, understand prosecution strategies, and know where weaknesses typically appear in the state’s case. They’ve spent years learning how law enforcement gathers evidence and what factors influence charging decisions, giving them a unique advantage when defending clients. ### What advantages does hiring a former prosecutor offer in a criminal case? A former prosecutor understands how the other side operates, including evidence evaluation, plea negotiation tactics, and courtroom strategies. They also have established relationships with judges and court staff, which can facilitate smoother communication and potentially more favorable negotiations during your case. ### How do former prosecutors approach criminal defense differently? Former prosecutors evaluate [cases by focusing on what the prosecution](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) can actually prove versus what they claim. They identify constitutional violations, assess witness credibility, review police reports for procedural errors, and know common shortcuts that weaken prosecutions—insights gained from years of building cases themselves. ### Are there any limitations to hiring a former prosecutor for defense? Yes, prosecutorial experience varies significantly. An attorney who handled minor traffic [cases differs from one who prosecuted serious felonies](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). Additionally, if someone left prosecution decades ago, their insider knowledge may be outdated due to changes in laws, procedures, and personnel within the prosecutor’s office. ### What should I look for when choosing a criminal defense attorney? Evaluate their specific [experience handling cases](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/) similar to yours, local court knowledge, and trial record. Ask about their approach to your case and check their reputation within the legal community. Trust your instincts during consultations—you need an attorney you can communicate with openly. ### Can a former prosecutor help negotiate better plea deals? Yes, former prosecutors understand internal pressures shaping plea negotiations, including caseload demands and resource limitations. They know which factors make prosecutors willing to reduce charges and can present mitigating information effectively. Their trial experience also provides leverage, as prosecutors know they’re prepared to go to court if necessary. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Criminal Defense Attorney --- ### [Can You Expunge a Criminal Record in Illinois?](https://www.odekirklaw.com/can-you-expunge-a-criminal-record-in-illinois/) **Published:** February 10, 2026 **Author:** O'Dekirk Law **Content:** A criminal record in Illinois can follow you for years, affecting job prospects, housing applications, professional licensing, and even educational opportunities. The good news? Illinois law provides pathways to either expunge or seal certain criminal records, giving people a genuine second chance. But here’s the catch: not everyone qualifies, and the process isn’t always straightforward. Whether you’re dealing with an old arrest that never led to charges or a conviction from years ago, understanding your options is the first step toward moving forward. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless clients through the expungement and sealing process in Will County and throughout Illinois. In this guide, we’ll break down who qualifies for expungement, what records can only be sealed, and the steps involved in clearing your name. ## Understanding Expungement vs. Sealing in Illinois Before diving into eligibility requirements, it’s important to understand the difference between expungement and sealing, because they’re not the same thing. **Expungement** means your criminal record is physically destroyed or returned to you. Law enforcement agencies, court clerks, and the Illinois State Police must either delete the records or give them back. Once expunged, it’s as if the arrest or charge never happened. In most situations, you can legally answer “no” when asked if you have a criminal record. **Sealing**, on the other hand, doesn’t destroy your record. Instead, it hides the record from public view. Most employers, landlords, and members of the general public won’t be able to access sealed records through standard background checks. But, certain government agencies, law enforcement, and specific employers (like those in healthcare or education) can still see sealed records. Why does this distinction matter? Because the type of relief you qualify for depends entirely on the outcome of your case. Generally speaking, arrests that didn’t result in convictions are eligible for expungement, while convictions are typically only eligible for sealing, if they qualify at all. Illinois has expanded its record relief options significantly over the past decade, but the rules remain complex. What qualifies for expungement versus sealing isn’t always intuitive, which is why we always recommend having an [experienced attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) review your specific situation. ## Who Qualifies for Criminal Record Expungement Expungement in Illinois is reserved for cases where you weren’t convicted of a crime. This makes sense when you think about it, if you were never found guilty, why should that arrest continue affecting your life? ### Arrests Without Convictions You may be eligible to expunge your criminal record if: - **Charges were never filed** after your arrest - **Charges were dismissed** or dropped by the prosecutor - **You were found not guilty** at trial - **You successfully completed a diversion program** (like drug court or first offender probation under certain statutes) - **Your conviction was reversed or vacated** on appeal - **You received a gubernatorial pardon** that specifically authorizes expungement One scenario we see frequently involves clients who were [arrested for minor drug](https://www.odekirklaw.com/dont-make-these-mistakes-when-arrested-for-drug-possession/) offenses but completed a first-time offender program under Section 410 or 710 of the Illinois Controlled Substances Act. These programs allow for expungement after successful completion, even though there was technically a guilty plea involved. It’s worth noting that even if you qualify on paper, certain factors can complicate your case. Outstanding court fees, pending charges, or failure to complete all sentencing requirements can delay or prevent expungement. ### Juvenile Records Juvenile records in Illinois receive special treatment. The state recognizes that mistakes made as a minor shouldn’t define someone’s adult life. In many cases, juvenile arrest [records and court records can be expunged](https://www.odekirklaw.com/why-you-should-get-your-criminal-record-expunged/) once you turn 18, provided you meet specific criteria. Generally, you can petition to [expunge juvenile records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) if: - Your case resulted in a finding of “not delinquent” or was dismissed - You successfully completed supervision or probation - A certain waiting period has passed since your case closed Some juvenile [records may be automatically expunged](https://www.odekirklaw.com/why-you-should-get-your-criminal-record-expunged/) under Illinois law, depending on the offense and outcome. But, serious offenses, particularly violent crimes or sex offenses, often remain ineligible. At O’Dekirk, Allred & Rhodes, LLC, we’ve helped many young adults [clear juvenile records](https://www.odekirklaw.com/2-ways-to-clear-your-dui-record/) that were holding them back from college admissions, military service, or their first real job. ## Records Eligible for Sealing Only What if you were actually convicted? You’re not necessarily out of luck, but expungement won’t be an option. Instead, you may qualify to have your record sealed. Illinois allows sealing for many misdemeanor and felony convictions, though the list of exceptions is significant. Records that may be sealed include: - **Most Class 3 and Class 4 felonies** (after waiting periods are met) - **Many misdemeanor convictions**, including some theft and drug possession charges - **Certain cannabis-related offenses** under the Cannabis Regulation and Tax Act - **Prostitution convictions** for individuals who can demonstrate they were trafficking victims The key distinction is that sealed records aren’t destroyed, they’re just hidden from most public searches. If you apply for a job with a school district, a healthcare facility, or a law enforcement agency, they may still access your sealed records. There’s also something called a **Certificate of Eligibility for Sealing** that you may need to obtain before filing your petition. This document confirms that sufficient time has passed and that you meet the statutory requirements. Sealing can be a game-changer for employment. Most private employers run standard background checks that won’t reveal sealed records. That old conviction that’s been showing up on every job application? It could finally stop following you around. ## Convictions That Cannot Be Expunged or Sealed Here’s the hard truth: some convictions in Illinois can never be expunged or sealed. The state has drawn clear lines around certain offenses that will remain on your record permanently. **Offenses that cannot be sealed or expunged include:** - **DUI convictions** (including reckless driving reduced from DUI) - **Domestic battery and violations of orders of protection** - **Sex offenses requiring registration** - **Crimes against children**, including child pornography offenses - **Animal cruelty** (in most cases) - **Certain violent felonies**, including murder, attempted murder, and some assault charges - **Most traffic offenses** that resulted in convictions The DUI restriction trips up a lot of people. Even if your DUI conviction is decades old, Illinois law specifically prohibits sealing or expunging it. The same goes for reckless driving convictions that were plea-bargained down from original DUI charges. There are also timing restrictions to consider. If you’ve had multiple convictions, you may be limited in what can be sealed. And if you have any pending [criminal cases,](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) you’ll need to resolve those before moving forward with a petition. This is precisely why we recommend consulting with an attorney before assuming you’re ineligible. We’ve seen cases where clients thought they couldn’t qualify, but a closer look at their records revealed opportunities they didn’t know existed. ## Steps to Expunge Your Record in Illinois The expungement process in Illinois involves several steps, and attention to detail matters. Missing a deadline or filing in the wrong court can set you back months. **Step 1: Obtain Your Criminal Record** Start by requesting a copy of your criminal history from the Illinois State Police. You’ll need this to identify exactly what’s on your record and where each arrest or conviction occurred. Sometimes records contain errors or list charges you’d forgotten about, better to know upfront. **Step 2: Determine Your Eligibility** Review each entry on your record against Illinois eligibility requirements. This is where things get complicated, since different offenses have different rules. An [attorney can quickly assess what qualifies](https://www.odekirklaw.com/qualified-real-estate-attorneys-can-make-your-closing-a-breeze/) for expungement versus sealing. **Step 3: Prepare and File Your Petition** You’ll need to file a petition for expungement (or sealing) in the circuit court where your arrest or conviction occurred. The petition must include specific information about the charges, case numbers, and dates. You’ll also need to pay filing fees, which vary by county. **Step 4: Serve Notice to Relevant Agencies** Illinois law requires you to notify the State’s Attorney and the arresting law enforcement agency about your petition. They have a right to object, though objections aren’t common for straightforward cases. **Step 5: Attend the Court Hearing** In many counties, the court will schedule a hearing where a judge reviews your petition. If no objections are filed and everything is in order, this hearing is often brief. Having an [attorney present can help address any questions](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) the judge might have. **Step 6: Follow Up on Implementation** Even after the court grants your petition, it can take several months for all agencies to update their records. We recommend periodically checking your [record to confirm the expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) was properly processed. At O’Dekirk, Allred & Rhodes, LLC, our attorneys handle the entire process, from pulling your records to appearing in court on your behalf. With many of our lawyers having served as former prosecutors, we understand how the system works from the inside. ## Waiting Periods and Timeline Expectations Patience is part of the expungement process. Illinois imposes mandatory waiting periods before you can file, and these vary based on your case outcome. **For expungement of arrests without conviction:** - If charges were never filed: generally no waiting period - If charges were dismissed: typically 2-3 years after dismissal - If acquitted at trial: may file immediately or with minimal waiting - After completing a qualifying diversion program: usually 5 years **For sealing of convictions:** - Misdemeanors: typically 3 years after completing your sentence - Felonies: typically 3-4 years after completing your sentence, depending on the offense class “Completing your sentence” means finishing everything, jail time, probation, community service, court-ordered classes, and paying all fines and fees. The clock doesn’t start until you’ve satisfied every requirement. Once you file, expect the process itself to take anywhere from 2 to 6 months, depending on the county and court backlog. Will County tends to move reasonably efficiently, but delays happen. After the court grants your petition, agencies have up to 60 days to comply, though we’ve seen it take longer in practice. The Illinois State Police, local police departments, and the court clerk all need to update their records independently. Bottom line? Don’t wait until the last minute if you need a [clear record](https://www.odekirklaw.com/2-ways-to-clear-your-dui-record/) for a specific opportunity. Start the process early enough to account for waiting periods and processing time. ## Benefits of Clearing Your Criminal Record Why go through all this effort? Because the benefits of expunging or sealing your criminal record are substantial and far-reaching. **Employment Opportunities** This is the big one. Studies consistently show that people with [criminal records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) face significantly reduced callback rates for job applications. Once your [record is expunged](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) or sealed, most employers won’t see it on background checks. You can honestly answer “no” when asked about criminal history on applications (with limited exceptions for certain licensed professions). **Housing Access** Landlords routinely run background checks, and a criminal record can mean automatic denial. Clearing your record opens doors to rental housing and even mortgage approvals that might otherwise be out of reach. **Educational Opportunities** College applications often ask about criminal history. Graduate schools and professional programs are particularly thorough. An [expunged record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) means you won’t have to explain an old arrest on every application. **Professional Licensing** Many careers require state licensing, nursing, teaching, [real estate,](https://www.odekirklaw.com/circumstances-that-may-require-you-to-hire-a-real-estate-attorney/) law, and dozens of others. Licensing boards scrutinize criminal histories. While sealed records may still be visible to some boards, [expunged records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) typically aren’t. **Peace of Mind** There’s something to be said for simply knowing that your past mistakes aren’t following you around. Many of our clients describe a weight lifting off their shoulders after successfully clearing their records. **Restored Rights** In some cases, expungement can help restore rights that were lost due to a criminal record, including firearm ownership rights and certain voting-related issues. ## Conclusion So, can you expunge a criminal record in Illinois? The answer depends on what’s actually on your record. Arrests without convictions are generally eligible for expungement, juvenile records often qualify, and many convictions can at least be sealed, even if full expungement isn’t possible. The process requires navigating waiting periods, filing proper petitions, and understanding which courts have jurisdiction over your case. It’s absolutely possible to handle this yourself, but mistakes can be costly in terms of time and denied petitions. At O’Dekirk, Allred & Rhodes, LLC in Joliet, we’ve built our reputation on [criminal defense and helping clients move past their records](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). Many of our [attorneys are former prosecutors who understand Illinois criminal law](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) inside and out. We know the local courts, we know the process, and we know how to get results. If you’re ready to explore your options for expunging or sealing your criminal record in Illinois, reach out to our team. A clean record isn’t just a legal status, it’s a fresh start. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Need a Criminal Defense Attorney --- ### [Criminal Law Process for a Felony in Illinois](https://www.odekirklaw.com/criminal-law-process-felony-illinois/) **Published:** December 15, 2017 **Author:** O'Dekirk Law **Content:** ![Criminal Law Process for a Felony in Illinois ODekirk Rhodes Associates LLC'Dekirk, Allred & Associates Joliet](https://www.odekirklaw.com/wp-content/uploads/man-in-handcuffs-300x200.jpg "man in handcuffs - O'Dekirk, Rhodes & Associates, LLC")Here at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/) in Joliet, we are very familiar with the criminal law process for a felony in Illinois and have helped numerous clients through each step. If you find yourself facing any type of felony charges, including a DUI or drug offense, we can provide you with aggressive representation to ensure the most positive outcomes. Before we get to the criminal law process for a felony in Illinois, let’s look at the three basic kinds of crime in the state. - Minor violations are generally considered petty offenses. These types of violations are frequently punished with a fine. - The next level is [misdemeanors](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html). In Illinois, these crimes can carry as few as 30 days in jail or as many as 364 days. Additionally, fines can range from $1,500 to $2,500. - The most serious category is a felony which can carry a sentence of up to 60 years. While the penalties vary, the process for all felony charges is essentially the same. **After an Arrest** The police officers that were involved in an arrest must communicate with the State’s Attorney Felony Review office. Police cannot independently charge someone with a felony. The decision to charge someone with a felony rests with the State’s Attorney who gathers information from the officer. The defendant’s criminal history is reviewed and the defendant may be interviewed in an effort to decide if [felony charges](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) are appropriate. The State’s Attorney may reject the charges if there is insufficient evidence or if the circumstances are inappropriate for a felony charge. If the State’s Attorney accepts the charges, the police will process the defendant and the defendant will be held for a bond hearing. If the felony charges are rejected, police can still file [misdemeanor charges](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) which they do have full authority over. **Bond Hearing** Within 72 hours of an arrest, a [bond hearing](https://www.odekirklaw.com/understanding-bail-bond-hearings/) is generally held. The bond court judge is presented with basic facts and charges for the case, as well as the defendant’s criminal history. The defendant’s attorney will make a presentation on behalf of the defendant. After both sides have presented, the judge will make a determination about the terms of release. **Preliminary Hearing** The next step in the criminal law process for a felony in Illinois is a preliminary hearing. A judge will be presented with evidence to determine that a [felony crime](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) was committed and to determine if there is reason to believe the defendant was responsible for committing it. The state will present witnesses and the defense can ask these witnesses questions as well. The standard for a preliminary hearing is much lower than at the trial. At this point, a judge is simply determining that there is a likelihood that the defendant [committed the crime](https://www.odekirklaw.com/juvenile-delinquency-what-makes-teens-commit-crimes/). If the judge determines that there is no probable cause, the defendant wins the hearing and the case is generally dismissed. **The Indictment** Many cases are presented to a grand jury instead of having a preliminary hearing. The state can [charge a person with a felony](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) by presenting evidence to a grand jury. A grand jury is composed of 18 people from the community. The proceedings are conducted in secret and the defense cannot cross-examine the witnesses. The majority of felony cases go through a grand jury process. The grand jury is responsible for determining the same issues as a judge at a preliminary hearing. If the grand jury believes a [crime was likely committed](https://www.odekirklaw.com/juvenile-delinquency-what-makes-teens-commit-crimes/) by the defendant, an indictment will be issued which is the official document accusing a person of a crime. With an indictment, a warrant will be issued if the defendant is not already in custody. The State’s [attorney can bring cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) to the grand jury even if the charges were originally dropped at the preliminary hearing. **Trial Court** Following the indictment or preliminary hearing, the case goes to the county’s Chief Judge. The Chief Judge is responsible for assigning the case to another judge in the county using a prescribed random process. **Arraignment** After assignment to a specific trial court, the defendant is formally arraigned. This is where the charges can be formally read. This is often waived to save time. The defendant’s lawyers already know what the [felony charges](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) are. More importantly, at an arraignment, a plea of guilty or not guilty is formally entered. **Discovery** During this part of the process, the state is responsible for sharing all evidence. The state is required to share specific types of evidence in its possession with the defense, particularly any evidence that has major implications of guilt or innocence for the defendant. **Motions** Motions are requests for something specific to be done. For example, the defense can submit a motion to quash arrest, motion to suppress a statement, or motion to suppress evidence to the judge during the pre-trial process. The decision of the judge on these motions can have a very large impact on the outcome of a trial. **Plea Agreement** If the State’s attorney, the [defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/), and the defendant agree on a penalty, a plea agreement will avoid a trial and it is often the way that many cases conclude. In the criminal law process for a [felony in Illinois](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), the judge also participates in the plea agreement if the defendant agrees in open court. The defendant must agree to it because the judge will often learn things that would not be known otherwise to the judge. If a plea is agreed to without the judge, the judge has the ability to impose a different penalty than the one agreed to by the defense and the state. **Trial** If the case is not settled, it will continue to either a jury trial or bench trial (which is a trial by a judge). The defendant will be found guilty or not guilty of their [felony crime](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) and based on the results, the judge will impose the penalty. The criminal law process for a felony in Illinois can be complicated. If you need a defense attorney with experience, contact us here at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/) in Joliet. Our attorneys can help you through each step and use their experience to achieve the best possible outcome for your case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Defending Drug Possession Charges in Illinois](https://www.odekirklaw.com/defending-drug-possession-charges-in-illinois/) **Published:** December 12, 2025 **Author:** O'Dekirk Law **Excerpt:** Defending drug possession charges in Illinois? Learn proven defense strategies, penalties, and diversion options from former prosecutors in Will County. **Content:** Getting arrested for drug possession in Illinois can turn your life upside down. One moment you’re going about your day, and the next you’re facing criminal charges that could affect your job, your family, and your future. If you’re in Joliet or the surrounding areas like Manteno, Wilmington, or Morris, you’re probably wondering what happens next and whether there’s any way out of this situation. Here’s the truth: drug possession charges don’t automatically mean a conviction. Illinois law is complex, and there are legitimate defense strategies that can make a real difference in your case. At O’Dekirk, Allred & Rhodes, LLC, we’ve helped countless clients in Will County and beyond [fight these charges](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/). Many of our attorneys are former prosecutors, which means we know exactly how the other side thinks and builds their cases. That insider knowledge matters when your freedom is on the line. Let’s break down what you’re actually facing and how a solid defense can help. ## Key Takeaways - Drug possession charges in Illinois don’t automatically lead to conviction—effective defense strategies can result in reduced charges, dismissals, or acquittals. - Challenging unlawful search and seizure under the Fourth Amendment is one of the most powerful defenses, potentially suppressing critical evidence. - Illinois penalties vary dramatically based on substance type and quantity, with fentanyl possession now carrying Class X felony charges of 6-30 years. - Diversion programs like Second Chance Probation and Drug Court offer first-time offenders a path to avoid conviction and keep their records clean. - Proving lack of knowledge or intent can be a strong defense, especially if drugs were found in a borrowed vehicle or you were a passenger. - Working with attorneys who have prosecutorial experience and local court knowledge gives you a strategic advantage when defending drug possession charges in Illinois. ## Understanding Illinois Drug Possession Laws Illinois drug possession laws fall under the Illinois Controlled Substances Act (720 ILCS 570), and they’ve seen some significant updates in recent years. The state takes a tiered approach, meaning your potential penalties depend heavily on what substance you’re caught with and how much of it you have. For Joliet residents and anyone else in Illinois, [understanding these laws](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) isn’t just academic. It’s the difference between knowing whether you’re facing a misdemeanor, a felony, or potentially decades in prison. ### Classification of Controlled Substances Illinois uses a five-schedule system that mirrors federal drug classifications. Here’s how it breaks down: - **Schedule I**: These are drugs the state considers to have no accepted medical use and high potential for abuse. Think heroin, LSD, and ecstasy. Possession of these substances carries the harshest penalties. - **Schedule II**: Highly addictive substances with limited medical applications, including cocaine, methamphetamine, and prescription opioids like oxycodone. - **Schedules III through V**: These include various prescription medications like codeine, Xanax, and other drugs with decreasing abuse potential. The schedule classification directly impacts how [prosecutors charge your case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) and what penalties you’re looking at. ### Penalties for Drug Possession Convictions Let’s talk numbers, because this is where things get serious. Since Illinois legalized recreational cannabis, the possession rules have changed considerably. Illinois residents can legally possess up to 30 grams of cannabis flower, 5 grams of concentrate, or 500 milligrams of THC in infused products. Go beyond those limits, though, and you’re back in criminal territory: - **30-100 grams (first offense)**: Class A misdemeanor with up to 1 year in jail and $2,500 in fines - **100-500 grams**: Felony charges, 1-3 years imprisonment, $25,000 fine - **Over 5,000 grams**: Felony, 4-15 years imprisonment, $25,000 fine For harder drugs, the stakes escalate quickly. Possessing less than 15 grams of cocaine is a Class 4 felony that can land you up to 3 years in prison. Larger quantities bump you into Class 1 or Class X felony territory, where you’re potentially looking at up to 50 years. And here’s something that’s caught a lot of people off guard: Senate Bill 1238 dramatically increased penalties for fentanyl. Even possessing just 1 gram with intent to distribute now qualifies for Class X felony charges, carrying 6-30 years in prison. Given how prevalent fentanyl has become in Will County and across Illinois, this is a critical piece of information. Other factors that can make your situation worse include being caught near a school, having prior convictions, or if prosecutors believe you intended to sell rather than just possess the drugs. ## Common Defense Strategies for Possession Charges Just because you’ve been charged doesn’t mean you’ll be convicted. We’ve seen plenty of [cases where aggressive defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) strategies led to reduced charges, dismissed cases, or acquittals. Here are some of the most effective approaches we use when defending drug possession charges in Illinois. ### Challenging Unlawful Search and Seizure This is often the most powerful tool in a [defense attorney](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/)‘s arsenal. The Fourth Amendment protects you from [unreasonable searches and seizures,](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/) and police don’t always follow the rules. Did officers have a valid warrant? If not, did they have probable cause to search you, your vehicle, or your home? Were you pulled over for a legitimate traffic violation, or did the stop seem pretextual? Did they ask for consent to search, and if so, was that consent truly voluntary? These questions matter enormously. If we can demonstrate that [law enforcement violated your constitutional rights during the search](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/), the evidence they collected may be suppressed. And without evidence, the [prosecution’s case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) often falls apart entirely. We’ve handled cases right here in Joliet where traffic stops on I-80 or Route 53 led to drug charges that eventually couldn’t stick because of [search and seizure](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/) issues. The local court system has specific procedures and standards, and our deep familiarity with how things work in Will County gives us an advantage in identifying these problems. ### Proving Lack of Knowledge or Intent Another common defense involves challenging whether you actually knew the [drugs were there or intended to possess](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) them. Imagine you borrowed a friend’s car and got pulled over. The officer finds drugs under the seat that you had no idea existed. Or maybe you were a passenger in someone else’s vehicle when drugs were discovered. In situations like this, the prosecution has to prove you knew about the [drugs and intended to possess](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) them. This distinction becomes even more critical when we’re talking about possession with intent to distribute, which is a Class 1 felony carrying 4-15 years. The difference between simple possession and intent to distribute can mean the difference between probation and a decade in prison. Proving intent often comes down to the amount of drugs involved, how they were packaged, whether scales or baggies were present, and other circumstantial evidence. A skilled [defense attorney](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) knows how to challenge these assumptions and create reasonable doubt. ## Alternative Sentencing and Diversion Programs Here’s where things have actually improved for defendants in Illinois. The state has expanded diversion and alternative sentencing options significantly, particularly for first-time offenders or those struggling with addiction. If you qualify, these programs can mean the difference between a [criminal record](https://www.odekirklaw.com/can-you-expunge-a-criminal-record-in-illinois/) that follows you forever and a second chance to move forward with your life. **Second Chance Probation** is available for certain first-time offenders and can result in charges being dismissed upon successful completion. This is huge because it means no conviction on your record. **Drug Court** is another option that focuses on treatment and rehabilitation rather than punishment. Participants undergo regular drug testing, counseling, and court supervision. It’s demanding, but graduates often avoid jail time entirely. **TASC (Treatment Alternatives for Safe Communities)** programs provide assessment and treatment evaluation. For those dealing with substance abuse issues, this approach addresses the underlying problem rather than just punishing the symptom. Recent updates to Illinois law have also made it easier to expunge minor cannabis convictions, which can help people who were charged before legalization or for amounts that are now legal. Not everyone qualifies for these programs. Eligibility depends on the type of drug, the quantity, your criminal history, and other factors. But when diversion is an option, it’s often the best path forward. Part of our job at O’Dekirk, Allred & Rhodes, LLC is identifying whether you’re eligible and advocating for your inclusion in these programs. ## Building a Strong Defense With Legal Representation Drug possession cases are rarely as straightforward as they might seem at first glance. The [prosecution has to prove every element of their case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) beyond a reasonable doubt, and there are often multiple angles of attack available to a prepared defense team. What makes the difference? Experience. Knowledge of local courts. And understanding how prosecutors think. Many of our attorneys at O’Dekirk, Allred & Rhodes, LLC are former prosecutors. That background isn’t just a credential on our wall. It means we’ve sat on the other side of the courtroom. We know how the state builds cases, what evidence they rely on, and where their arguments tend to be weakest. Our in-depth knowledge of the Will County court system also matters. We’ve appeared before these judges countless times. We know how they run their courtrooms, what arguments resonate with them, and what to expect at every stage of the process. Whether your case is in Joliet or you’re coming to us from Manteno, Wilmington, or Morris, we understand the local landscape. A strong defense strategy might include: - Filing motions to suppress illegally obtained evidence - Challenging the chain of custody for drug samples - Negotiating with prosecutors for reduced charges or alternative sentencing - Preparing for trial if that’s the best option for your situation - Identifying eligibility for diversion programs Every case is different. What works for one client might not be right for another. That’s why we take the time to [understand your specific situation,](https://www.odekirklaw.com/understanding-a-dui-situation/) review all the evidence, and develop a strategy tailored to your circumstances. ## Conclusion Facing drug possession charges in Illinois is scary. We get it. But a charge isn’t a conviction, and you have more options than you might realize. The key is acting quickly and getting the right representation. Evidence can be challenged. Constitutional violations can invalidate a case. Alternative sentencing programs can help you avoid the worst outcomes. But none of that happens automatically. You need [attorneys who know the law](https://www.odekirklaw.com/family-law-attorney-joliet/), know the local courts, and know how to fight. If you or someone you care about is dealing with drug possession charges in Joliet, Manteno, Wilmington, Morris, or anywhere in Will County, we’re here to help. The team at O’Dekirk, Allred & Rhodes, LLC has the trial experience, prosecutorial insight, and local knowledge to give you the strongest possible defense. Don’t wait to get answers. Contact us today to discuss your case and find out what options are available to you. When you need the very best on your side, we’re ready to stand with you. ## Frequently Asked Questions ### What are the penalties for drug possession in Illinois? Penalties vary based on the substance and quantity. Cannabis over 30 grams can result in [misdemeanor or felony charges](https://www.odekirklaw.com/what-to-do-if-you-are-charged-with-a-misdemeanor-or-felony/) with fines up to ,000 and years in prison. Cocaine possession under 15 grams is a Class 4 felony with up to 3 years imprisonment, while fentanyl charges can carry 6-30 years. ### How can I defend against drug possession charges in Illinois? Common defense strategies include challenging unlawful [search and seizure](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/) under the Fourth Amendment, proving lack of knowledge or intent, questioning the chain of custody for evidence, and negotiating reduced charges. An [experienced attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) can identify constitutional violations that may result in suppressed evidence or dismissed cases. ### What is the legal limit for cannabis possession in Illinois? Illinois residents can legally possess up to 30 grams of cannabis flower, 5 grams of concentrate, or 500 milligrams of THC in infused products. Exceeding these limits results in criminal charges, with penalties increasing based on the amount possessed. ### Are there diversion programs for first-time drug offenders in Illinois? Yes, Illinois offers several alternatives including Second Chance Probation, Drug Court, and TASC programs. These options focus on treatment and rehabilitation rather than punishment, and successful completion can result in dismissed charges and no criminal conviction on your record. ### Can drug possession charges be dismissed if police conducted an illegal search? Yes. If law enforcement violated your Fourth Amendment rights by conducting a search without a valid warrant, probable cause, or voluntary consent, the evidence may be suppressed. Without admissible evidence, the [prosecution’s case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) often cannot proceed, potentially leading to dismissal. ### What is the difference between simple possession and possession with intent to distribute? Simple [possession involves holding drugs](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) for personal use, while possession with intent to distribute suggests selling. Intent is determined by drug quantity, packaging, presence of scales or baggies, and other evidence. Intent to distribute carries significantly harsher penalties, potentially 4-15 years for a Class 1 felony. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Drug Offense --- ### [Summer DUI Season: How to Stay Safe and Legal](https://www.odekirklaw.com/summer-dui-season-how-to-stay-safe-and-legal/) **Published:** February 24, 2026 **Author:** O'Dekirk Law **Content:** Between Memorial Day and Labor Day, something shifts on American roadways. Barbecues fire up, pool parties run late into the evening, and holiday weekends bring family reunions and fireworks celebrations. It’s also the time when DUI arrests spike dramatically across the country, and Illinois is no exception. We call it “summer DUI season” for good reason. Law enforcement agencies ramp up patrols, set up more checkpoints, and dedicate extra resources to catching impaired drivers. For anyone who plans to enjoy a few drinks at a summer gathering, understanding the risks, and knowing how to stay safe and legal, can mean the difference between a great memory and a life-altering mistake. In this guide, we’ll walk you through why summer poses unique risks, what Illinois law says about impaired driving, and practical strategies to enjoy the season responsibly. Whether you’re hosting a backyard party or heading out for a night on the town, a little planning goes a long way. ## Why Summer Is Considered DUI Season The numbers tell a sobering story. According to the National Highway Traffic Safety Administration (NHTSA), about 38% of all traffic fatalities during the summer months involve alcohol-impaired drivers. Memorial Day weekend, the Fourth of July, and Labor Day consistently rank among the deadliest periods on American roads. So why does summer see such a pronounced increase? Several factors converge: - **More social events.** Weddings, graduation parties, concerts, festivals, and sporting events all cluster during warmer months. Each one creates opportunities, and temptations, for drinking. - **Extended daylight hours.** People stay out later, which means more time at bars, patios, and parties where alcohol flows freely. - **Vacation mindset.** When we’re relaxed and off our normal routine, we sometimes let our guard down. “Just one more” feels harmless when you’re celebrating. - **Increased traffic volume.** More cars on the road means more potential for accidents, and more opportunities for law enforcement to spot impaired drivers. Illinois law enforcement is well aware of these patterns. Agencies participate in national campaigns like “Drive Sober or Get Pulled Over,” deploying additional officers and saturation patrols specifically during peak summer weekends. DUI checkpoints become more common, particularly near popular entertainment districts and along routes to beaches, lakes, and vacation destinations. The heightened enforcement isn’t arbitrary, it’s a direct response to data showing that impaired driving claims more lives during this season than any other time of year. ## Understanding DUI Laws and Consequences Before you head out to your next summer celebration, it’s worth [understanding exactly what Illinois law](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) says about impaired driving, and what’s at stake if you’re charged. ### Blood Alcohol Concentration Limits In Illinois, the legal blood alcohol concentration (BAC) limit for most drivers is **0.08%**. But here’s something many people don’t realize: you can be arrested for DUI even if you’re below that threshold. If an officer believes your ability to drive is impaired by alcohol, drugs, or any intoxicating compound, you can face charges regardless of your BAC reading. For certain drivers, the standards are even stricter: - **Commercial drivers** operating under a CDL face a limit of **0.04%** - **Drivers under 21** are subject to a zero-tolerance policy, any detectable amount of alcohol can result in a DUI charge - **School bus drivers** have a zero-tolerance limit as well It’s also important to understand implied consent. When you get an Illinois [driver’s license,](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/) you automatically consent to chemical testing (breath, blood, or urine) if an officer has reasonable grounds to believe you’re impaired. Refusing the test doesn’t protect you, it triggers an automatic license suspension, even if you’re never convicted of DUI. ### Legal Penalties and Long-Term Impact A DUI conviction in Illinois carries consequences that extend far beyond the courtroom. Even a first offense, classified as a Class A misdemeanor, can result in: - Up to **one year in jail** - Fines up to **$2,500** - **License revocation** for at least one year - Mandatory alcohol education or treatment programs - Installation of a **Breath Alcohol Ignition Interlock Device (BAIID)** if you want driving privileges during revocation Subsequent offenses escalate quickly. A second DUI within 20 years means a minimum five-year revocation. A third offense becomes a felony, carrying potential prison time. But the formal penalties only tell part of the story. A DUI on your record can affect employment opportunities, professional licenses, insurance rates, and even housing applications. Once the State of Illinois [revokes your driver’s license,](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) there’s no automatic reinstatement, you’ll need to petition the Secretary of State, attend a formal hearing, and demonstrate that you’ve addressed any underlying issues. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless clients through this process. Our attorneys understand how critical your driving privileges are to your daily life, your family, and your livelihood. If you’re ever facing DUI charges or need help with [driver’s license reinstatement,](https://www.odekirklaw.com/drivers-license-reinstatement/) having experienced legal counsel makes a significant difference in outcomes. ## Smart Strategies for Safe Summer Celebrations The good news? Enjoying summer festivities and staying safe on the road aren’t mutually exclusive. With a bit of forethought, you can have a great time without putting yourself, or others, at risk. ### Planning Ahead for Transportation The single most effective way to avoid a DUI is to separate drinking from driving entirely. Here’s how to make that happen: **Designate a sober driver before you leave.** This person commits to zero alcohol for the evening, not “just a couple beers.” Rotate the responsibility among your friend group so no one always misses out. **Use rideshare apps.** Uber, Lyft, and local taxi services are widely available and far cheaper than a DUI. Before heading out, make sure the app is updated and you have a payment method ready. **Stay where you’re celebrating.** If you’re at a friend’s house or a hotel near the venue, consider spending the night. A $100 hotel room is a bargain compared to legal fees, fines, and the potential loss of your license. **Know your limits, really know them.** Many people underestimate how much alcohol raises their BAC. Factors like body weight, food consumption, and drinking pace all affect impairment. When in doubt, wait longer than you think necessary before driving, or simply don’t drive at all. ### Responsible Hosting Tips If you’re throwing the party, you have a role to play too. Responsible hosting protects your guests and can even shield you from potential liability. - **Offer plenty of non-alcoholic options.** Have water, soda, mocktails, and coffee readily available so guests who are pacing themselves or serving as designated drivers don’t feel left out. - **Serve substantial food.** A full stomach slows alcohol absorption. Keep snacks flowing throughout the event, not just at the beginning. - **Stop serving alcohol well before the party ends.** Give guests time to metabolize what they’ve consumed before they head home. - **Watch for signs of impairment.** If someone seems too intoxicated to drive, offer a spare room, call them a cab, or arrange a ride with a sober guest. - **Have rideshare information handy.** Post local taxi numbers or remind guests about apps they can use. These aren’t just good manners, they’re smart precautions that can prevent tragedy. ## What to Do If You Encounter a DUI Checkpoint DUI checkpoints are common during summer months, especially around holiday weekends. Knowing what to expect can reduce anxiety and help you handle the situation appropriately. First, understand that sobriety checkpoints are legal in Illinois. The Supreme Court has ruled that the public safety interest outweighs the minor inconvenience to drivers. You cannot simply avoid a checkpoint by turning around, doing so often attracts attention and can provide officers with reasonable suspicion to stop you anyway. When you approach a checkpoint: 1. **Slow down and follow instructions.** Officers will direct traffic: comply calmly. 2. **Have your documents ready.** Keep your license, registration, and proof of insurance accessible. Fumbling nervously can draw scrutiny. 3. **Be polite and cooperative.** You don’t need to volunteer information, but being respectful makes the interaction smoother. 4. **Answer basic questions.** Officers may ask where you’re coming from or whether you’ve been drinking. You’re not required to answer, but brief, honest responses are generally fine if you’ve done nothing wrong. 5. **Know your rights about testing.** If an officer suspects impairment, they may ask you to perform field sobriety tests or submit to a breathalyzer. Remember that refusing chemical testing triggers automatic license suspension under Illinois’s implied consent law. If you’re sober, a checkpoint is typically a brief inconvenience, maybe a few minutes of your time. If you’re not sober, you shouldn’t be driving in the first place. Should you find yourself facing DUI charges after a checkpoint or any traffic stop, contacting an attorney immediately is critical. Many of our lawyers at O’Dekirk, Allred & Rhodes, LLC are former prosecutors with deep knowledge of Illinois law and the local court system. We understand how these cases are built, and how to defend against them. ## Resources for Preventing Impaired Driving Prevention starts with awareness, and plenty of resources exist to help you and your community stay safe this summer. **NHTSA Campaigns:** The National Highway Traffic Safety Administration runs ongoing initiatives like “Drive Sober or Get Pulled Over” and “Buzzed Driving Is Drunk Driving.” Their website offers statistics, educational materials, and information about national enforcement periods. **Illinois Secretary of State:** The SOS office provides educational programs, including resources on BAC calculators, DUI laws, and [license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/) procedures. Understanding the process beforehand can motivate better decision-making. **Local Law Enforcement Outreach:** Many Illinois police departments host community events focused on impaired driving awareness, sometimes including demonstrations of how quickly alcohol affects coordination and judgment. **Rideshare Promotions:** During major holidays, rideshare companies sometimes offer discounts or partner with local organizations to provide free or reduced-fare rides. Keep an eye out for these programs around Memorial Day, July 4th, and Labor Day. **Ignition Interlock Programs:** If you’ve had a prior DUI and are driving with a BAIID, staying compliant with the program is essential for eventually regaining full driving privileges. Understanding how the device works and avoiding violations will smooth your path toward reinstatement. **Legal Resources:** If you or someone you know is dealing with DUI charges or a [suspended license,](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) seeking legal advice early can make a substantial difference. The attorneys at O’Dekirk, Allred & Rhodes, LLC have extensive experience in DUI defense and [driver’s license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/). We’ll guide you through administrative hearings, prepare you for questions, and work toward the best possible outcome. No resource replaces good judgment, of course. But having information at your fingertips, and a plan before you need one, gives you the best chance of enjoying summer without regret. ## Conclusion Summer should be about making memories, not mistakes. The season’s celebrations, cookouts, weddings, beach trips, holiday gatherings, deserve to be enjoyed without the shadow of a DUI arrest hanging over them. We’ve covered a lot of ground here: why summer sees elevated DUI risks, what Illinois law actually says, how to plan responsibly, and what resources are available if you need help. The through-line is simple. A few minutes of planning can prevent consequences that last years. If you’re hosting, look out for your guests. If you’re celebrating, arrange your ride home before your first drink. And if you ever find yourself facing DUI charges or struggling with a [revoked license,](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) don’t navigate the legal system alone. Our team at O’Dekirk, Allred & Rhodes, LLC has the experience, and the former-prosecutor insight, to fight for the best outcome in your case. Stay safe out there. Your summer memories should be ones you’re proud to keep. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer --- ### [Adoption Attorney, Joliet, Illinois](https://www.odekirklaw.com/adoption-attorney-joliet-illinois/) **Published:** August 16, 2021 **Author:** O'Dekirk Law **Content:** We can all agree that [Illinois](https://www.odekirklaw.com/family-law/adoption/) is not like anywhere else in the world, let alone the United States. We are a breed of people that cares deeply about our families and especially our [children](https://www.odekirklaw.com/family-law/adoption/). Illinois [adoption](https://www.odekirklaw.com/family-law/adoption/) can be a tricky part of family law to navigate, but luckily, there are [family law](https://www.odekirklaw.com/family-law/adoption/) firms which have people dedicated to figuring out the nuances of adoption for you. O’Dekirk, Allred & Associates, LLC is ready to help you through the process, getting you your piece of mind, while protecting everyone’s rights in the process. What does the State of Illinois Recognize as Adoption? The state of Illinois understands adoption too be the forming of a legal [responsibility between a parent or set of parents](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) and a child. At the end of the process the adopted parents have the same legal rights and obligations that birth parents have to their children. After the adoption is finished, the adoptive parents will receive a birth certificate with their names on the document as if they were the birth parents. Meanwhile, the original birth certificate will be put into a sealed file. Adopted children can access this file if they make a request to the Illinois Department of Public Health—but the birth parents have the option to keep their information confidential. Who Can Adopt in Relative Adoptions? Not everyone can adopt in a relative adoption, by many people can. Relative adoptions need to be done by people who are blood related to the child. This means new spouses of birth parents, grandparents, aunts or uncles, or brothers and sisters. The one issue is that consent must always be involved in these cases or there must be a significant worry that something will happen to the child. To put this into perspective, consider the child of two divorced people. If one has a new spouse, and that new person wants to [adopt the child](https://www.odekirklaw.com/thinking-adopting-child-illinois/), the estranged birth parent must either consent to the adoption, or a judge must find the estranged parent to be an unfit parent. There are various reasons why a judge might find this in a custody case, among the most common are a lack of interest in the child, a lack of concern or responsibility for the welfare of the child, or the abandonment of the child. How do Agency Adoptions Work? These are the second most common adoptions in Illinois (behind relative adoptions), and agencies are necessary in the protection of many children throughout the state. When a birth parent places their child in an agency, that parent must sign a document which surrenders the child to whoever the new adoptive parents are. If the secondary parent disagrees and does not surrender too, a judge must find that the other parent is unfit before the [child can be adopted](https://www.odekirklaw.com/thinking-adopting-child-illinois/) by new parents. In a lot of cases, a birth parent will only sign a waiver for “specific consent” which allows the [child to only be adopted](https://www.odekirklaw.com/thinking-adopting-child-illinois/) by a specific person and no one else. If the child is adopted from the agency, there is a six-month trial period where if the child or the parents are not happy, they can regress, and the child can return to the agency for a new adoptive parent. What are Adult Adoptions? In the state of Illinois, adults can consent to being adopted. In the case of adopting an adult, the person being adopted must consent, but also, they should either be related to the adopter or have lived in the home of the adopter for two consecutive years. There are a few reasons why someone would want to be adopted as an adult, the most common one being inheritance rights. Through being adopted, the ‘child’ can claim inheritance benefits when the ‘parent’ dies. There are also cases where it is the solidifying of a previously symbolic relationship. Through a legal adoption, both parties in the relationship can formally recognize the bond and solidify a meaningful connection. Another reason is to ensure that one party in the relationship is cared for, for the rest of their lives, such as with family insurance plans. Adoptions of any sort can be difficult to get through. Pick a family [law firm that will help you understand](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) the process and fight for the best outcome. Whether you’re single, married, gay, straight, a stepparent, a surrogate, and intended, or a child of adoption—turn to O’Dekirk, Allred & Associates, LLC today. Give our office a call or check out our blog for more legal insights and more about how we fight for you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [5 Steps to Choosing the Right Divorce Lawyer](https://www.odekirklaw.com/five-steps-to-choosing-the-right-divorce-lawyer/) **Published:** June 5, 2016 **Author:** O'Dekirk Law **Content:** You’re facing a [divorce,](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) and you need an attorney, but you don’t know how to find one. Lawyers have unique personalities, different legal approaches, and varying years of experience. If you use [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html)’ recommended 5 steps to choosing the right divorce lawyer; you can feel confident in your decision. So let’s take a look at the 5 steps to [choosing the right divorce lawyer.](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) [![5 Steps to Choosing the Right Divorce Lawyer ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/11684845_l-300x200.jpg "Driver's License Reinstatement - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/11684845_l.jpg) **Step 1** of the 5 steps to choosing the right divorce lawyer is: **Understand and Focus on the Goal of Divorce.** The goal of divorce is to end your marriage, divide your assets, and if you have children, decide [child custody](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) issues. It is often an emotional and frustrating experience, but don’t get side-tracked on personal pain or vengeful retaliation. Your lawyer should be understanding and sympathetic, but your lawyer can not resolve your anger or mend your broken heart. Your expectation of your lawyer should be to help you successfully through the [legal process.](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) Listen to his or her advice. Your attorney is an expert in the legal field, and you need to understand and focus on your goal of getting divorced. **Step 2** of the 5 steps to choosing the right divorce lawyer is: **Consider Mediation or Collaboration First.** Instead of the contentious traditional litigation known as [divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), you may want to consider hiring a [mediator ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)to help you negotiate your divorce agreement. Sometimes mediation can be a faster and cheaper avenue to divorce. You may also want to consider exploring a [collaborative divorce ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)where your attorney works with your spouse’s attorney, toward the goal of amicable decisions and a positive co-parenting relationship. O’Dekirk, Allred & Associates recommend that depending on your situation, you may want to discuss with your attorney pursuing these first, before a litigated trial. **Step 3** of the 5 steps to choosing the right divorce lawyer is: **Consider More than One Attorney Before Choosing** [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) point out how important it is to choose your attorney based on recommendations, research, and personal contact, rather than emotion or desperation. This is an important decision and should be made after thoughtful consideration. You want to pick a family law [attorney who has experience with the divorce](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) process you are seeking. Your attorney should communicate and negotiate on your behalf. For recommendations, you can ask friends and neighbors, and go [online to look at reviews of the attorneys](https://www.odekirklaw.com/do-i-need-a-criminal-attorney-for-online-offenses/) you are considering. **Step 4** of the 5 steps to choosing the right divorce lawyer is: **Make Your Decision on Research and Personal Contact** After you get a recommendation and have done some research on the attorney, you should call the attorney’s office. You need to ask questions about their experience, approach, and [specialization within family law, ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)specifically [divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html). It’s important also to know up front what the fees are and how you will be charged. You can arrange a meeting to speak with the attorney. Most lawyers do not charge for the [initial consultation. ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)Gather all your questions to ask the attorney so that you can make an informed choice. During your interview see if the attorney is considerate, responsive, professional, experienced, and knowledgeable. **Step 5** of the 5 steps to choosing the right divorce lawyer is: **Time to Choose the Right Divorce Lawyer** Based on the information you’ve collected, it’s now time to make your decision. You understand your goal and your focus is to get divorced. You’ve thought about what kind of process you would like to use. You’ve gotten recommendations. You’ve done your research. You’ve interviewed potential [attorneys and asked your questions](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/). You’ve gotten an impression of how the attorney works. The attorney’s fees are within your budget. Based on all of these things, you can now move forward with the right choice for your situation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Find Family Law Attorney Joliet --- ### [Criminal Law Joliet](https://www.odekirklaw.com/criminal-law-joliet/) **Published:** November 15, 2021 **Author:** O'Dekirk Law **Content:** Before we get to the [criminal](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) [law](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) process for a felony in Illinois, let’s look at the three basic kinds of crime in the state. Minor violations are generally considered petty offenses. These types of violations are frequently punished with a fine. The next level is [misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). In Illinois, these crimes can carry as few as 30 days in jail or as many as 364 days. Additionally, fines can range from $1,500 to $2,500. The most serious category is a [felony](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) which can carry a sentence of up to 60 years. While the penalties vary, the process for all felony charges is essentially the same. After an Arrest The police officers that were involved in an arrest must communicate with the State’s Attorney Felony Review office. Police cannot independently charge someone with a felony. The decision to charge someone with a felony rest with the State’s Attorney who gathers information from the officer. The defendant’s criminal history is reviewed, and the defendant may be interviewed in an effort to decide if felony charges are appropriate. The State’s Attorney may reject the charges if there is insufficient evidence or if the circumstances are inappropriate for a felony charge. If the State’s Attorney accepts the charges, the police will process the defendant and the defendant will be held for a [bond hearing](https://www.odekirklaw.com/understanding-bail-bond-hearings/). If the felony charges are rejected, police can still file [misdemeanor charges](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) which they do have full authority over. Bond Hearing Within 72 hours of an arrest, a [bond hearing](https://www.odekirklaw.com/understanding-bail-bond-hearings/) is generally held. The bond court judge is presented with basic facts and charges for the case, as well as the defendant’s criminal history. The defendant’s attorney will make a presentation on behalf of the defendant. After both sides have presented, the judge will decide about the terms of release. Preliminary Hearing The next step in the criminal law process for a felony in Illinois is a preliminary hearing. A judge will be presented with evidence to determine that a felony crime was committed and to determine if there is reason to believe the defendant was responsible for committing it. The state will present witnesses and the defense can ask these witnesses questions as well. The standard for a preliminary hearing is much lower than at the trial. At this point, a judge is simply determining that there is a likelihood that the defendant [committed the crime](https://www.odekirklaw.com/juvenile-delinquency-what-makes-teens-commit-crimes/). If the judge determines that there is no probable cause, the defendant wins the hearing, and the case is generally dismissed. The Indictment Many cases are presented to a grand jury instead of having a preliminary hearing. The state can charge a person with a felony by presenting evidence to a grand jury. A grand jury is composed of 18 people from the community. The proceedings are conducted in secret and the defense cannot cross-examine the witnesses. Most felony cases go through a grand jury process. The grand jury is responsible for determining the same issues as a judge at a preliminary hearing. If the grand jury believes a [crime was likely committed](https://www.odekirklaw.com/juvenile-delinquency-what-makes-teens-commit-crimes/) by the defendant, an indictment will be issued which is the official document accusing a person of a crime. With an indictment, a warrant will be issued if the defendant is not already in custody. The State’s [attorney can bring cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) to the grand jury even if the charges were originally dropped at the preliminary hearing. Trial Court Following the indictment or preliminary hearing, the case goes to the county’s Chief Judge. The Chief Judge is responsible for assigning the case to another judge in the county using a prescribed random process. Arraignment After assignment to a specific trial court, the defendant is formally arraigned. This is where the charges can be formally read. This is often waived to save time. The defendant’s lawyers already know what the felony charges are. More importantly, at an arraignment, a plea of guilty or not guilty is formally entered. Discovery During this part of the process, the state is responsible for sharing all evidence. The state is required to share specific types of evidence in its possession with the defense, particularly any evidence that has major implications of guilt or innocence for the defendant. Motions Motions are requests for something specific to be done. For example, the defense can submit a motion to quash arrest, motion to suppress a statement, or motion to suppress evidence to the judge during the pre-trial process. The decision of the judge on these motions can have a very large impact on the outcome of a trial. Plea Agreement If the State’s attorney, the [defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/), and the defendant agree on a penalty, a plea agreement will avoid a trial and it is often the way that many cases conclude. In the criminal law process for a felony in Illinois, the judge also participates in the plea agreement if the defendant agrees in open court. The defendant must agree to it because the judge will often learn things that would not be known otherwise to the judge. If a plea is agreed to without the judge, the judge can impose a different penalty than the one agreed to by the defense and the state. Trial If the case is not settled, it will continue to either a jury trial or bench trial (which is a trial by a judge). The defendant will be found guilty or not guilty of their felony crime and based on the results, the judge will impose the penalty. The criminal law process for a felony in Illinois can be complicated. If you need a [defense attorney](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) with experience, contact us here at O’Dekirk, Allred & Associates in Joliet. Our [attorneys](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) can help you through each step and use their experience to achieve the best possible outcome for your case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Why you need a criminal attorney](https://www.odekirklaw.com/why-you-need-a-criminal-attorney/) **Published:** June 15, 2022 **Author:** O'Dekirk Law **Content:** While it may be tempting for a person to [defend](https://www.odekirklaw.com/criminal-defense/) his or herself, self-representation can have severe drawbacks. Though law books contain a great deal of information, there is a lot to be gained from the actual time spent defending people in various cases and situations. Building a solid [criminal defense](https://www.odekirklaw.com/criminal-defense/) comes from a comprehensive understanding of the written [law](https://www.odekirklaw.com/criminal-defense/), as well as the realities and actualities of the Illinois criminal justice system. The actual practice of [criminal law](https://www.odekirklaw.com/criminal-defense/) can be quite very different than the knowledge offered in books. Prosecutorial Discretion When it comes to do you need a criminal defense lawyer in Illinois, a very good reason can be found by examining the power of a prosecutor. Their role determines much of what happens in a criminal case. Though from an average person’s view, there may only be one criminal act involved in a case, a prosecutor can [charge a defendant](https://www.odekirklaw.com/defending-against-domestic-violence-charges/) with several crimes stemming from one act. The reasons for multiple charges ranging in severity can vary based on the merits of the case. The defense for a set of charges can become far more complicated and confusing to the uninitiated. Whether you’re facing a felony or even a misdemeanor, having an [experienced defense](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) lawyer, like the ones we have at O’Dekirk, Allred, and Associates in Joliet, can be an immense asset when it comes to facing harsh punishments like prison. Novice v. Experience Prosecutors have honed their legal abilities over time, both in and out of the courtroom. A prosecutor is not generally going to make things easy for a pro se defendant. Prosecutors will take full advantage of a novice in the courtroom because they want to win their [cases regardless of who is performing the defense](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). They will use procedures and courtroom technicalities to trip up pro se defendants. Prosecutors also have a great deal of experience with various defense strategies, and they are well aware of how to effectively deal with any strategy a novice will use in the courtroom. Pro se defendants will generally be outmatched in courtroom experience, which can be not only detrimental but also costly in terms of outcomes. If you’re wondering do you need a criminal defense lawyer in Illinois, just think about facing an experienced and winning prosecutor in the courtroom. The Power of Elections Prosecutors and judges are elected officials whose records become the target of opponents in every election. The politics of these positions can play a huge role in how things play out in the courtroom. Prosecutors and judges are expected to be tough on crimes such as [drug offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/) and DUI cases. It is naïve to think that such pressures will not have an impact on how [cases will be tried and prosecuted](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/). A lawyer who is knowledgeable of the local political scene will be able to better navigate the system to the benefit of the defendant. Someone who is self-representing will rarely have any level of knowledge of the [role of politics in the particulars of their case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). How Will an Attorney Help? No matter how well educated or smart a person is, when deciding do you need a criminal defense lawyer in Illinois, remember that the criminal justice system is much too complicated for even the smartest among us to effectively represent ourselves. Additionally, defense lawyers: Have time to dedicate to the case because it is their job. Pro se defendants may have jobs of their own or responsibilities that limit the amount of time they can spend on their own defense. Negotiate with prosecutors, often achieving lesser charges and reduced sentences. Often [defense lawyers](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) have a working relationship with the prosecutor, which allows for more savvy negotiations, something a self-representative would not have, making successful negotiation less likely. Are familiar with local procedures, customs, and preferences. For example, your [defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) may know that your prosecutor doesn’t have the real authority to settle your case. Your [defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) may also be able to make arguments that they know are likely to appeal to the judge or prosecution. Interview witnesses for the prosecution. The defendant may have trouble getting witnesses to share information. Witnesses may be fearful or angry and uncooperative with the defendant but cooperate fully and helpfully with a criminal defense lawyer. Understand the true cost of pleading guilty. They know consequences that may or may not occur to the defendant or the defendant’s friends and family. Hire investigators that can be effectively used during the trial. An investigator can sometimes be used to offer contradicting information for witnesses who may embellish their courtroom stories. This can be much more effective in court than a pro se defendant saying, “the witness had a different version of events the last time we spoke.” Personally Invested When deciding to do you need a criminal defense lawyer in Illinois, remember that as a defendant, you’re going to have a personal stake in all the courtroom proceedings. This high level of personal and emotional investment can sometimes cloud your judgment. Having an impartial and professional [criminal defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) can help keep the strategies and responses clear and effective, something that cannot always be achieved in pro se defenses. After the Trial If your [defense attorney](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) fails to properly defend you, this can be used to appeal your case or have a conviction reversed. People who choose to self-represent cannot use this argument. Though they may have made mistakes in their defense, the law does not allow them to use their own poor performance as a reason to re-examine the case. Do you need a criminal defense lawyer in Illinois? Ultimately, the short answer is yes. We at O’Dekirk, Allred, and Associates in Joliet can help if you or someone you know needs a [defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/). We have experience with [criminal trials](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) and can get you the level of defense you need and deserve. Disclaimer: Blogs and articles by O’Dekirk, Allred and Associates, LLC are for educational purposes only and to give you a general [understanding of the law](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/), not to provide any legal advice or be used as a substitute for competent legal advice from a licensed, professional attorney in your state or jurisdiction. Use all blogs and articles at your own risk. The information presented may not reflect the most current legal developments, verdicts, or settlements. These materials may be changed, improved, or updated without notice. O’Dekirk, Allred and Associates, LLC is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. By reading our blog and articles you also understand that there is no attorney-client relationship created between you and O’Dekirk, Allred and Associates, LLC. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What to Do After a DUI Arrest in Will County](https://www.odekirklaw.com/what-to-do-after-a-dui-arrest-in-will-county/) **Published:** November 16, 2025 **Author:** O'Dekirk Law **Excerpt:** Arrested for a DUI in Will County? Learn exact next steps, key 46-day deadlines, and how former prosecutors can protect your license and defense in Joliet. **Content:** If you were arrested for DUI in Joliet or nearby Manteno, Wilmington, or Morris, you’ve got questions and a short timeline. We get it. At O’dekirk Allred & Rhodes, LLC, many of us are former prosecutors who know the Will County courts and Illinois DUI laws inside and out. Here’s exactly what we tell our own friends and neighbors to do next so you can steady the situation, protect your license, and build a real defense. ## Key Takeaways - After a DUI arrest in Will County, save every document—tickets, bond sheet, tow/impound papers, and the Notice of Statutory Summary Suspension—in one folder. - Calendar your first court date and the 46th day after service of the suspension notice, and set multiple reminders to avoid missing deadlines. - Follow all bond conditions and avoid new offenses; when in doubt, ask your attorney before you act. - Move quickly to file a petition to rescind the summary suspension, using grounds like an improper stop, faulty warnings, or unreliable testing. - If eligible as a first offender, use an MDDP with BAIID to keep driving, and get tailored advice if you have a CDL or out-of-state license. - Build your Will County DUI defense by preserving videos and maintenance logs, collecting witness statements, limiting social media, and preparing for court with the Circuit Clerk portal. ## Prioritize Safety And Immediate Next Steps ### Collect And Secure Paperwork (Tickets, Bond Sheet, Tow/Impound, SOS Notice) After a DUI arrest in Will County, keep every document you receive. That means citations, the bond sheet, any tow or impound paperwork, and the Notice of Statutory Summary Suspension. That last one, often handed to you when you’re released or at the station, is what starts the [driver’s license](https://www.odekirklaw.com/commercial-drivers-license-attorney/) suspension process. Create a single folder for: - Tickets and bond receipt - Tow/impound release instructions - Notice of Statutory Summary Suspension (often a pink or white form) - Any court date notices ### Calendar Critical Dates (First Court Date And 46th-Day Suspension) Two dates matter right away: - Your first court date at the Will County Courthouse in Joliet - The 46th day after you were served the summary suspension notice. That’s when the license suspension begins unless it’s legally stopped or delayed Mark them, set reminders, and share those dates with anyone who helps with your schedule or transportation. ### Comply With Bond Conditions And Avoid New Offenses Read your bond conditions carefully. Common terms include no alcohol or drugs and no criminal violations. Follow them closely. New arrests, missed check-ins, or violations can lead to tougher bond terms or bond revocation. If you’re unsure about a condition, ask us before you act. ## Know The Will County DUI Process ### Statutory Summary Suspension In Illinois, Explained Illinois uses an administrative license suspension for DUI arrests. If you refused chemical testing or tested over the legal limit, the summary suspension is triggered and begins on the 46th day after notice. This is separate from the [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). In Joliet and the surrounding Will County communities, we often move quickly to challenge that suspension and [protect driving privileges where the law](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) allows. ### First Appearance At The Will County Courthouse: What To Expect At your first date, you’ll be advised of the charges and your rights. You’ll enter an initial plea, and the court will set timelines for discovery and motions. Dress neatly, arrive early to pass security, and bring your paperwork. If we represent you, we’ll handle check-in, speak with the prosecutor, and guide you through every step. ### From Discovery To Disposition: Motions, Negotiations, Trial Once the case opens, we get to work. We request videos, police reports, breath-testing records, and calibration logs. Where appropriate, we file motions to suppress or dismiss if the stop, field sobriety tests, or chemical tests don’t meet legal standards. If negotiation makes sense, we’ll pursue terms that protect your record and driving status. And if trial is the right path, our former prosecutors at O’dekirk Allred & Rhodes, LLC put their courtroom experience to work for you. ## Protect Your License And Driving Privileges ### Petition To Rescind The Summary Suspension (Timing And Grounds) You can challenge the summary suspension by filing a petition to rescind. The sooner you act, the better. Courts apply tight timelines for hearings, and early filing helps preserve your rights. Common grounds include: - No legal basis for the traffic stop - Improper warnings about testing - Inaccurate or unreliable testing procedures - Gaps in officer compliance with required protocols ### Monitoring Device Driving Permit (MDDP) And BAIID For First Offenders If this is your first DUI and you’re otherwise eligible, you may qualify for a Monitoring Device Driving Permit. That permit requires a Breath Alcohol Ignition Interlock Device and allows you to drive for work, school, medical, and daily needs while the suspension is active. We’ll explain eligibility, paperwork, and how installation and monthly reporting work in real life. ### Out-Of-State Licenses And Commercial Drivers (CDL) Considerations If you hold an out-of-state license, Illinois can still report the suspension to your home state. CDL holders face even more serious consequences, including disqualification periods that can impact careers. If you drive professionally in Joliet, Manteno, Wilmington, or Morris, tell us right away so we can tailor your [defense to protect](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) your livelihood. ## Build Your Defense Strategically ### Challenge The Stop, Field Tests, And Chemical Testing Procedures A strong DUI defense examines every step: why you were stopped, how field tests were given, whether the officer followed NHTSA standards, and how the breath or blood test was administered and stored. Small errors can have big legal implications. We don’t accept assumptions. We verify them. ### Obtain Videos, Maintenance Logs, And Witness Statements Key evidence in Will County DUI cases often includes squad and body-cam videos, dispatch audio, breathalyzer maintenance logs, and hospital or lab records. We move quickly to preserve and obtain this material. If there were passengers, bystanders, or bar staff who saw your condition before the stop, we track them down and get statements while memories are fresh. ### Preserve Privilege, Limit Social Media, And Document Your Timeline Avoid posting about your case. Share facts only with your lawyer to preserve attorney-client privilege. Write a simple timeline of your day and evening, including what you ate, drank, medications, medical conditions, and how long you slept. This helps us test the reliability of field observations and chemical results. ## Prepare For Court In Will County ### Where To Go, How To Check In, And Courtroom Etiquette Plan to arrive early at the Will County Courthouse in Joliet to park, pass security, and find your courtroom. We’ll tell you exactly where to go and when to meet us. Silence your phone, dress respectfully, and don’t talk over the judge. If you have questions, whisper to us at counsel table. We’ll do the talking. ### Using The Will County Circuit Clerk Portal For Dates And Payments The Circuit Clerk’s online portal lets you confirm court dates, view case updates, and pay certain costs or fines. We still recommend tracking dates on your own calendar, but the portal is a useful double-check so nothing slips. ### Court Supervision Versus Conviction: Records, Fines, And Conditions For eligible first-time offenders, court supervision can keep a conviction off your record if you complete all terms. Conditions may include fines, alcohol evaluation, risk education, treatment, community service, and a Victim Impact Panel. Not everyone qualifies, and it’s not always the best option. We’ll compare supervision against other outcomes so you understand the record and license impact before you decide. ## Proactive Steps That Improve Outcomes ### Alcohol/Drug Evaluation, Risk Education, And Treatment Options Getting an alcohol/drug evaluation early shows the court you take this seriously. If treatment is recommended, start it. In Joliet, programs fill up fast, so don’t wait. We can point you to reputable providers near you, including options convenient to Manteno, Wilmington, and Morris. ### Insurance, SR-22, Employment, And Professional License Impacts A DUI can raise insurance costs and trigger SR-22 requirements in Illinois. Some employers and boards require reporting arrests or convictions. If you hold a professional [license or drive](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) for work, tell us right away. We’ll help you plan notifications and minimize fallout. ### Transportation Planning And Hardship Strategies If your [license will be suspended,](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) plan for how you’ll get to work, school, and childcare. Consider: - Rides with family or coworkers - Public transit and rideshare - MDDP with BAIID if eligible - Adjusted work schedules or remote days Solid planning reduces stress and helps you comply with court and Secretary of State rules. Mid-case questions pop up all the time. When they do, we’re here. O’dekirk Allred & Rhodes, LLC has handled DUI defense, traffic, and [license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement-attorney-joliet/) matters for years in Will County. We know how the Secretary of State hearings work and how to prepare you to get back on the road legally. ## Conclusion A DUI arrest can upend your week and threaten your job, license, and [peace of mind](https://www.odekirklaw.com/why-having-a-lawyer-at-your-closing-provides-peace-of-mind/). The good news is there are steps you can take today to protect yourself. Save your paperwork. Mark your dates. Call a local team that understands the Will County system and knows how to challenge the stop, the testing, and the suspension. If you’re in Joliet or nearby Manteno, Wilmington, or Morris, let’s talk. At O’dekirk Allred & Rhodes, LLC, we bring former prosecutor insight, trial experience, and hands-on knowledge of Illinois DUI [law to your defense](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/). Call us now to schedule a consultation. We’ll meet you at our Joliet office, map out a plan, and get to work on the result you need. ## Frequently Asked Questions ### What should I do immediately after a DUI arrest in Will County? Save every document you receive—tickets, bond sheet, tow/impound papers, and the Notice of Statutory Summary Suspension. Calendar your first Will County court date and the 46th day after the notice. Follow all bond conditions and avoid new offenses. Contact a local DUI [attorney quickly to protect](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) your license and defense. ### When does the Illinois statutory summary suspension start, and can it be stopped? The summary suspension typically begins on the 46th day after you’re served the notice. You may challenge it by filing a Petition to Rescind, ideally as soon as possible. Common grounds include an unlawful stop, improper warnings, or unreliable testing. Early action preserves hearing timelines and your driving rights. ### What happens at my first court date at the Will County Courthouse? You’ll be advised of charges and rights, enter an initial plea, and the court will set deadlines for discovery and motions. Arrive early, dress neatly, and bring your paperwork. If represented, your attorney will handle check-in, speak with the prosecutor, and guide you through each step. ### How can I keep driving after a DUI arrest in Will County? First offenders who qualify may obtain a Monitoring Device Driving Permit (MDDP) with a BAIID installed, allowing limited driving during suspension for work, school, medical, and daily needs. Out-of-state [license holders and CDL drivers](https://www.odekirklaw.com/drivers-license-reinstatement/) face added consequences—consult a local DUI lawyer to assess eligibility and protect your livelihood. ### How long does a DUI case take in Will County? Timelines vary. Many cases span several months due to discovery, motion practice (such as suppression), negotiations, and potential trial settings. A summary suspension challenge is typically set promptly after filing, by statute. Complexity, lab records, video availability, and court calendars all influence the overall duration. ### Do I need a lawyer for a Will County DUI, or can I handle it myself? While you can appear pro se, DUI cases involve technical issues—traffic-stop legality, field tests, calibration logs, and strict suspension timelines. A local DUI attorney [understands Will County procedures and Illinois law](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/), can file the right motions on time, negotiate effectively, and protect your license, record, and employment. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Lawyer --- ### [How an Experienced Defense Attorney Protects Your Rights in Court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) **Published:** November 23, 2025 **Author:** O'Dekirk Law **Excerpt:** Experienced defense attorney: how we protect your rights in Joliet courts—from suppressing evidence to trial strategy, sentencing, and appeals. Call for help. **Content:** If you’re facing charges in Joliet or nearby, you don’t get a do-over. The choices you make in the first days matter. At O’dekirk Allred & Rhodes, LLC, we’ve tried cases in Will County courtrooms for years, and many of us are former prosecutors. We know how cases are built, where mistakes get made, and how to protect your rights from day one. Here’s how an experienced defense attorney keeps the process fair and positions you for the best possible result in Joliet, Manteno, Wilmington, and Morris. ## Key Takeaways - An experienced defense attorney protects your rights from day one by asserting constitutional safeguards, suppressing illegal searches, excluding improper statements, and securing an impartial jury. - Thorough investigation pressure-tests the State’s case by matching bodycam to reports, re-interviewing witnesses, and auditing lab, DUI, and chain-of-custody records. - Pretrial strategy shapes outcomes early through motions to suppress or dismiss, challenges to unreliable experts, smart negotiations, and disciplined timeline management. - At trial, a focused opening, precise cross-examination, proper presentation of defense evidence, and timely objections keep unreliable proof away from jurors. - Effective sentencing advocacy presents mitigation and pursues probation, treatment, diversion, or other alternatives to protect jobs, licenses, immigration status, and CDL privileges. - If errors occur, swift appeals, post-conviction petitions, and expungement or sealing can preserve your future under Illinois’ strict deadlines. ## Protecting Your Constitutional Rights A strong defense starts with your rights. When police or the State step over the line, we use the Constitution to push them back. ### What that looks like in real life - We make sure you use your right to remain silent without it being held against you. - If officers searched your car in Wilmington without a valid reason, we fight to suppress what they found. - If questioning in Joliet went on after you asked for a lawyer, we move to exclude those statements. - We challenge show-up or lineup procedures that were suggestive or unreliable. Experienced defense is about spotting issues quickly and documenting them. In Will County, small procedural missteps can change outcomes. We review reports, warrants, and video for constitutional flaws. When we find a problem, we file the motions needed to keep illegally obtained evidence out of court. That’s not a loophole. That’s the law working the way it should. We also protect your right to a fair jury. That includes careful voir dire, striking biased jurors, and objecting to improper arguments. Jurors should hear only reliable evidence, presented under the rules. Our job is to make sure that happens. ## Investigating The Facts And Challenging The Evidence The State has the burden. Our job is to test every claim. In Joliet, Manteno, and Morris, we start with a ground-level investigation. ### How we pressure-test the case - Compare bodycam and dashcam video against police narratives. - Re-interview key witnesses and check for bias, memory gaps, or contradictions. - Examine lab results and chain of custody. If the sample sat in a hot squad car for hours, that matters. - For DUIs, scrutinize traffic stop justification, field sobriety test instructions, and machine calibration records. We also use subpoenas to obtain 911 calls, surveillance footage, and phone records. If the prosecution’s timeline doesn’t line up, we make it clear for the court. In CDL and traffic matters, a single flawed notation can jeopardize a career. Details make or break cases. At O’dekirk Allred & Rhodes, LLC, we’ve been on both sides of the aisle. Former prosecutors on our team understand how evidence is developed and what a State’s Attorney needs to feel confident going to trial. That perspective helps us find leverage early. ## Pretrial Strategies That Shape The Case Most cases are won or lost before trial. Filing the right motions and making smart strategic calls can shift the ground. ### Tools we use before you ever see a jury - Motions to suppress evidence from illegal searches or statements taken after counsel was requested. - Motions to dismiss when charges don’t meet legal requirements. - Requests to bar unreliable expert opinions or prejudicial prior acts. - Negotiations for reduced charges or diversion when the facts and your background support it. We also manage the timeline. Sometimes moving fast helps, especially if witnesses are fading. Other times, we need space to gather records or complete treatment that positions you better. In Joliet courts, scheduling is its own battlefield. We keep you informed and ready for each step. If your [case involves a DCFS investigation tied to a criminal](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) allegation, remember those are separate systems with different rules. We handle both tracks so your statements in one don’t harm you in the other. Protecting your future means watching all angles. ## Defending You At Trial When a case must be tried, preparation shows. Jurors can tell who did the assignments. We treat every trial like it matters because it does. ### What experienced trial work includes - Tight opening that frames the State’s burden and the holes we’ll expose. - Surgical cross-examination that tests memory, perception, and motive. - Presenting defense evidence the right way, from alibi witnesses to expert testimony. - Timely objections that keep improper evidence away from the jury. In a Joliet DUI, for example, we might show how field sobriety testing was conducted on uneven pavement or in heavy boots. In a Morris felony, we might break down cell tower data and show why it can’t pinpoint location the way the State claims. We never forget the human side. Your story matters. Jobs, licenses, and families are affected by what happens in that room. We prepare you for testimony if it’s in your interest and guard your right not to testify if that’s the better path. And we keep the process clear so you’re never guessing about what’s next. ## Advocating For Fair Sentencing And Alternatives If there’s a conviction or plea, the fight shifts to protecting your future. Sentencing is its own phase with its own rules, and the judge has discretion. ### How we seek better outcomes - Present mitigation: employment history, military service, community work, treatment progress. - Challenge guideline calculations and disputed facts in the presentence report. - Argue for probation, conditional discharge, community service, or treatment over jail when appropriate. - Protect professional licenses, immigration status, and CDL privileges where possible. In Wilmington and Manteno, judges want to see accountability and a plan. We help you build both. For first-time offenders, we look at diversion or deferred prosecution when available. For repeat matters, we focus on specific steps that reduce risk and show genuine change. It’s about putting you in the best position for a second chance while keeping collateral damage to a minimum. Our team at O’dekirk Allred & Rhodes, LLC has handled everything from [misdemeanors to serious felonies](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). We know what information resonates in Will and Grundy County courtrooms and how to present it clearly. ## Preserving Your Future Through Appeals And Post-Conviction Remedies Sometimes the verdict isn’t the end of the story. If legal errors affected the outcome, we move fast to preserve your rights. ### Post-trial options we consider - Direct appeals for incorrect rulings, improper jury instructions, or evidentiary errors. - Post-conviction petitions for constitutional violations not visible on the trial record. - Motions to reconsider sentence when the court didn’t weigh key mitigation. - Expungement or sealing if you qualify, to help with jobs and housing. Deadlines matter. In Illinois, many filings have short clocks. We review transcripts, evaluate issues, and give you a straight assessment of your chances. Not every case has an appealable error, but when it does, we pursue it and keep you informed about the process and timeline. For some clients in Joliet and Morris, relief looks like a reduced sentence. For others, it’s [clearing a record](https://www.odekirklaw.com/2-ways-to-clear-your-dui-record/) years later so a background check stops dragging them down. Either way, we map out practical next steps. ## Conclusion Working with the right lawyer changes how the system treats you. It brings focus, pressure on the right points, and a plan that fits your life. That’s how an experienced defense attorney protects your rights in court, from the first traffic stop to a jury verdict to post-conviction relief. If you’re in Joliet, Manteno, Wilmington, or Morris and you need help now, reach out to O’dekirk Allred & Rhodes, LLC. We know the local courts, we’ve tried the hard cases, and we’re ready to step in. Call or contact us online to set a confidential consultation. Let’s protect your rights and get to work. ## Frequently Asked Questions ### What does an experienced defense attorney do to protect your rights in court? An experienced defense attorney asserts your constitutional rights from day one—moving to suppress illegal searches, exclude statements taken after you requested counsel, and challenge unreliable lineups. They vet jurors for bias, object to improper arguments, and ensure only reliable evidence reaches the jury in Will and Grundy County courts. ### How can a defense lawyer challenge a DUI in Joliet or Will County? Defense counsel scrutinizes the traffic stop, bodycam and dashcam video, field sobriety test instructions, and breath machine calibration. They highlight issues like uneven pavement, heavy footwear, or gaps in the chain of custody. If the stop lacked legal justification, they file motions to suppress evidence and weaken the State’s case. ### What pretrial strategies can shape my case before trial? Pretrial work often decides outcomes. Your lawyer may file motions to suppress or dismiss, move to bar unreliable experts or prejudicial prior acts, and negotiate reduced charges or diversion. They also manage timing—acting quickly to preserve evidence or slowing down to gather records, including navigating parallel DCFS matters. ### What happens at trial, and how will my rights be protected? At trial, your attorney frames the State’s burden in opening, cross-examines witnesses to expose bias and memory gaps, and presents defense evidence properly. They make timely objections to exclude improper material and advise you on testifying versus remaining silent, ensuring the jury hears only admissible, reliable evidence. ### When should I hire an experienced defense attorney after an arrest in Illinois? Immediately. Early counsel protects your right to remain silent, preserves video and 911 recordings, and prevents missteps during questioning or bond proceedings. An experienced defense attorney can begin investigating, filing motions, and negotiating before charges harden—often shaping the case long before a jury is ever seated. ### How much does a criminal defense attorney cost, and are payment plans available? Costs vary by charge severity, case complexity, and whether a trial is expected. Lawyers may use flat fees for set phases or hourly billing with retainers. Many firms offer payment plans and initial consultations. Ask for a written fee agreement detailing scope, court costs, and what services each fee covers. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Defense Attorney --- ### [The Latest on Pot Laws in Illinois](https://www.odekirklaw.com/latest-pot-laws-illinois/) **Published:** March 28, 2018 **Author:** O'Dekirk Law **Content:** ![The Latest on Pot Laws in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016-300x228.jpg "new laws for Illinois in 2018 - O'Dekirk, Rhodes & Associates, LLC")Here at [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/), we wanted to share a bit about the latest on[ pot laws in Illinois](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html). With laws changing frequently state by state, it’s easy to be confused about what’s going on here in Illinois. So, to provide clarity, medical marijuana is legal and recreational marijuana is not – that includes growing and possession. **Legal and Not Legal** Cannabis, generally known as marijuana, is illegal to grow and possess. This includes the leaves and flowers. It also includes the following forms: - Hash oil - Keif - Hashish - Seeds that can grow into a cannabis plant - Infusions, including tea, brownies, and lotions - Any resin extraction Hemp, which is the mature stalks of the cannabis plant, is legal. Hemp oil and hemp fiber are also legal. **Cannabis Possession** According to pot laws in Illinois, [it is illegal to carry cannabis](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) on your person, in your car, or in your home. Luckily, the state took steps to decriminalize cannabis in 2016. Now if you’re caught with 10 grams or less of marijuana, you will face a civil citation and fine of up to $200. Prior to the change in laws, it would’ve been a Class B misdemeanor that came with jail time of up to 6 months and fine maximums of $1,500. However, more than 10 grams will subject to a criminal charge and large amounts of cannabis can result in felony charges. It is also [illegal to sell or deliver cannabis](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html) to another person. It is additionally illegal to carry cannabis with the intent to sell, deliver, or manufacture. Actual sales or production do not have to take place in order for the activity to result in a charge. If you or someone you know is facing a criminal cannabis charge, please contact us here at O’Dekirk Allred & Associates in Joliet for a confidential consultation. **Civil Offenses** If you are charged with a civil offense, you will generally be fined in accordance with how many times you have been caught with marijuana before. Some areas have additional [laws with respect to marijuana](https://www.odekirklaw.com/what-do-you-need-to-know-about-the-marijuana-laws-in-illinois/) possession. You can be fined at both a state and local level. Additionally, some local areas will fine you for possessing what is considered to be a personal amount (10 grams or less). **Paraphernalia** The various tools used to grow, produce, process, distribute, measure, or ingest marijuana are also illegal in Illinois. The pot laws in Illinois state that paraphernalia can include digital scales, grinders, zipper bags, smoking masks, bongs, pipes, products used to pass a drug test, and containers used for hiding or storing marijuana. Additional information is taken into account when determining whether an object is paraphernalia, including whether cannabis was present or near the object and whether the object can actually be used to ingest marijuana. **DUI** Driving under the influence of cannabis is illegal. If you are under the influence and have more than 5 nanograms of THC in your system, you can be charged with a DUI. The latest on pot laws in Illinois may be more lenient but can still result in serious criminal charges. If you or someone you know is[ facing criminal charges related to cannabis](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html), contact us here at O’Dekirk, Allred, and Associates in Joliet for help with drug offenses. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [How to Calculate Child Support in Illinois](https://www.odekirklaw.com/how-to-calculate-child-support-in-illinois/) **Published:** September 17, 2018 **Author:** O'Dekirk Law **Content:** ![How to Calculate Child Support in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child-300x240.jpg "adopting-a-child - O'Dekirk, Rhodes & Associates, LLC")On August 12, 2016, Governor Rauner signed Illinois House Bill (HB) 3982 which amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The passage of [Public Act 99-764](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf) created significant changes in child support obligations for Illinois families. In July of 2017, the new rules on how to calculate child support in Illinois went into effect and has since created some confusion. Here at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/), we understand that it’s hard enough dealing with the emotional fallout of ending a marriage, much less dealing with all the legal aspects of getting divorced. Now, determining child support has changed and created even more confusion. Today, we’ll break down the new [law to help you understand](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) the changes better. And if you need more help, our attorneys are just a phone call away. We can help you figure it all out, as well as represent you as you navigate this difficult process. ### The Income-Shares Model Let’s take a look at this new model and how to calculate [child support in Illinois](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). The new child support rules are based on the idea that both parents have a duty to support the children and that the children should receive the same amount of support they would otherwise enjoy if both parents lived together. The purpose of the new [rules is to create a state-wide standard of support](https://www.odekirklaw.com/understanding-effect-new-illinois-child-support-rules-2017/) based on both parents’ ability to pay. The goals are to make awards more equitable, make the court process more efficient, encourage settlements between the [parents, give both parents a responsibility](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) to support the child based on the children’s needs, and decide physical care arrangements of the children in determining child support. For a long time, Illinois-based child support on the noncustodial parent’s net (after tax) income. It was calculated by percentages based on the number of children: 20%, 28%, 32%, etc. But now, Illinois child support will be a function of both parents’ incomes, using the income-shares model of calculating it. The Illinois Department of Healthcare and Family Services (IDHS) has developed a [worksheet](https://www.illinois.gov/hfs/SiteCollectionDocuments/img4101535270001.pdf) to help in child support calculations. This table that shows the percentage of combined net income that parents living in the same household normally spend on their children. Using the benchmarks the IDHS has determined, each parent is allocated a percentage of child support responsibility based on their portion of the combined net income. There are three main factors that are considered in the new income-shares model all of which affect how to calculate child support in Illinois. 1. Basic Child Support Obligation – As we said, this is based on a combined value of child support owed by both parents together. This is divided proportionally between the parents depending on their individual contribution to the combined household net income. It’s calculated based on state guidelines, the Illinois schedule. 2. Additional Expenses – There may be other costs that the court factors in on top of the basic [child support obligation](https://www.odekirklaw.com/family-law/child-support-and-maintenance/). These might be child care, extracurricular activities and medical or health insurance expenses. 3. Parenting Time – Parenting time for each parent is a part of the new model. This will decide which parent gets child support. But we know that shared parenting situations may lead to some variations when calculating child support based on the new income shares formula. ### Basic Child Support Calculations Here is a general formula for how to calculate [child support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) in Illinois: (Basic Child Support Obligation x Percent Contributed to Combined Net Income) + (Additional Expenses x Percent Contributed to Combined Net Income) *= Total Child Support Obligation Per Parent* Now, here’s an example using the income-shares formula. - Let’s say the parents have combined net income of $30,000 per year - The father contributes $18,000 or 60% of the combined net income - And the mother contributes $12,000 or 40% of the combined net income - That means the father will likely be responsible for 60% of the *basic child support obligation* and the mother responsible for 40% Now that the new law has gone into effect, the [Illinois Child Support Estimator](https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1) has been provided by the Department of Healthcare and Family services. Again, this is all an estimate as other factors can come into play prior to a final determination by the court. ### Considering Parenting Time Another change to the child support statute that affects how to calculate child support in Illinois is the codification of [parenting time ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)as a consideration. The current benchmark for shared custody is 146 nights or 40% of the time. If both parents have at least 146 nights, the court will now multiply the basic child support obligation by 1.5 and allocate it according to the percentage of overnights per parent. This is a big difference in the way child support obligations will be determined. It’s possible this may add another layer to the child support argument if parents try to negotiate parenting time as a way to get a more favorable child support obligation amount. This already happens and the new rules may make it even more of a factor in divorce proceedings when children are involved. But there are some unique situations that do not fit neatly into the formula. For example, how would the calculations work if one parent works days and the other parent works nights and they alternate caregiver functions to save childcare costs? In that case, using overnights may not be an effective way to determine the calculations. How that is handled is more complex, so an attorney may be needed. ### Get Help with the New Law Today Now that the new rules have been released, you may feel more than a little lost trying to figure out how to calculate child support in Illinois. By scheduling a consultation with our team at [O’Dekirk, Allred and Associates](https://www.odekirklaw.com/) in Joliet, your specific situation can be reviewed so that we can provide you with more details about the new child support calculations. Let us be your guide, advocate for your rights and make sure the new law is applied fairly for both you and your child. Call or [contact us](https://www.odekirklaw.com/contact-us/) today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Common Questions About Child Custody in Illinois](https://www.odekirklaw.com/common-questions-child-custody-illinois/) **Published:** November 17, 2017 **Author:** O'Dekirk Law **Content:** Here at [O’Dekirk, Allred and Associates](https://www.odekirklaw.com/) here in Joliet, we wanted to cover common questions about child custody in Illinois. Child custody can be fraught with concern and frustration. Getting answers to common questions can help you understand custody and can help allay concerns and fears about custody issues. **Who gets custody?** When a court must determine who gets custody, they usually use “the best interest of the child” as their standard. There are a number of factors when the court weighs custody issues. When a court weighs factors, no one factor is a controlling factor and not all factors will have the same significance. Some of the factors that go into determining [parental custody](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) include: - Each of the parents’ wishes and preferences - The child’s wishes, often taking the age of the child, maturity, and education into account - Parents’ interactions with child - Adjustment of the child to school, community, and home - Physical and mental health of involved parties - Any violence exhibited by either parent - The willingness and ability of parents to have a close and on-going relationship, as well as encourage and facilitate a close relationship with the other parent. **Joint Custody and Sole Custody—How are They Different?** This is one of the more common questions about child custody in Illinois. When parents are able to cooperate, communicate, and work together for the sake of their child, [joint custody](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) may be awarded. In joint custody, parents share decision making for major decisions that include healthcare, education, and religion. A Joint Parenting Agreement is drawn up when joint custody is awarded. The agreement outlines each parent’s rights and responsibilities for their child and determines the residence arrangements. The agreement also specifies what should be done when there is a disagreement about a parenting decision. If one parent is not suitable or able to be appropriately responsible for parenting decisions or if the parents cannot cooperate effectively with each other, sole custody may be awarded to one parent. Sole custody designates one parent as having sole authority for the child’s major life decisions. Sole custody does not mean one parent no longer gets [visitation rights and joint custody](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) does not mean that the parents split visitation rights equally. There is a visitation schedule that is either court ordered or agreed to by both parents. Visitation schedules may dictate that one parent has most of the time or that the time is shared to varying degrees. Regardless of sole or joint custody, both parents have a right to school, medical, dental, and child care records. **Joint Custody and Child Support—Does Custody Determine Support?** The parents’ financial resources and the needs of the children are the main factors in determining [child support](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) but other factors such as parenting time do play a role in determining each parent’s financial responsibilities. Parents may have joint custody and share time equally, but one parent may be expected to pay more. **Can You Prevent Visitation if Child Support has Not Been Paid?** You cannot refuse visitation based on whether or not [child support](https://www.odekirklaw.com/how-to-calculate-child-support-in-illinois/) has been paid. At the same time, you cannot refuse to pay [support if you are prevented from seeing your child](https://www.odekirklaw.com/family-law/child-support-and-maintenance/). Denying visitation or [child support](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) can result in being found in contempt of court. **Can My Child Decide Which Parent to Live With?** Another of the common questions about child custody in Illinois, children in the state do not get to outright choose to reside with one parent. The child’s wishes can be taken into consideration as one factor in determining where a child will reside. **What Happens when Parents Cannot Agree on Custody?** When parents cannot reach an agreement on custody, the court will sometimes mandate mediation. A mediator is trained and appointed by the court as a neutral third party. Mediators work to help parents reach an agreement on custody. Mediation discussions remain confidential regardless of the outcome and if the parties are unable to reach an agreement, the issue will proceed to trial. Sometimes, when parents cannot come to an agreement, the court will appoint a guardian ad litem (custody evaluator) to assist the court in making a determination about custody, based on the best interest of the child. The custody evaluator’s determinations will be taken into consideration when the custody issue goes to trial and the judge makes a determination. **Can I Increase My Chances of a Larger Custody Agreement?** An experienced family attorney, such as [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/family-law-attorney-joliet-il.html), can advise you about ways to increase your chances at a better outcome and answer your questions about child custody in Illinois. Here is an additional list to help you when proceeding with a divorce and wanting to achieve your goals in regards to the time you wish to be granted with your children. - Do not make the other parent’s visitations difficult or complicated. Also, do not interfere with their visitation rights. - Do not yell at the other parent or your child. - Avoid any physical confrontations. - Make all [child support payments](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) - Do not take your child out of daycare or school for a non-emergency without discussing it with the other parent. - Try to engage in positive interactions as much as possible with the other parent and your child. - Consult with your attorney before making any significant changes to your living arrangements. - Do not unfairly or excessively criticize the other parent to others or your child, even if you feel your criticisms are all warranted. - Do not deny the other parent phone contact when the child is with you. **What Should I do at a Custody Trial?** In a custody trial, it is important to present yourself in the best possible light. Be sure to dress professionally and exhibit good conduct at all times. Be calm during all testimony and try to maintain neutral facial expressions – no matter what. It is important to avoid letting the judge see expressions of anger or frustration. Let your attorney object when objections are needed. If you need to tell your [attorney something in court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/), write a note. It is important to conduct yourself professionally at all times in court. If you have additional common questions about child custody in Illinois, contact us here at [O’Dekirk, Allred and Associates](https://www.odekirklaw.com/) in Joliet. We can help you with your custody issues and work diligently on your behalf to achieve the best possible outcome. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Dealing with the aftermath of divorce](https://www.odekirklaw.com/dealing-with-the-aftermath-of-divorce/) **Published:** February 19, 2020 **Author:** O'Dekirk Law **Content:** The old saying: ‘When it’s over, it’s over’ sadly does not always apply to the aftermath of divorce proceedings. Whether these were acrimonious or were handled with good grace on both sides, the after-effects can remain with you. Possible problems that can still appear often involve the children of that ended marriage. Disagreements, even leading to disputes, can arise covering many areas. These can include education, health, and religious upbringing. It’s also true that financial implications, including [child support and maintenance,](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) can change or vary in the period after a divorce. It pays to talk to seasoned professionals in any of the above circumstances. Our team here at O’Dekirk, Allred and Associates, based in Joliet, are experts in family, [criminal attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) and real estate law; you can reach us by calling 815-306-4864… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Child custody](https://www.odekirklaw.com/child-custody/) **Published:** March 15, 2022 **Author:** O'Dekirk Law **Content:** [Child](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) [custody](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) can be fraught with concern and frustration. Getting answers to common questions can help you understand custody and can help allay concerns and fears about custody issues. Who gets custody? When a court must determine who gets custody, they usually use “the best interest of the [child](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)” as their standard. There are several factors when the court weighs custody issues. When a court weighs factors, no one factor is a controlling factor and not all factors will have the same significance. Some of the factors that go into determining parental custody include: - Each of the parents’ wishes and preferences - The child’s wishes, often taking the age of the child, maturity, and education into account - Parents’ interactions with child - Adjustment of the child to school, community, and home - Physical and mental health of involved parties - Any violence exhibited by either parent - The willingness and ability of parents to have a close and on-going relationship, as well as encourage and facilitate a close relationship with the other parent. - Joint Custody and Sole Custody—How are They Different? This is one of the more common questions about child custody in Illinois. When parents can cooperate, communicate, and work together for the sake of their child, joint custody may be awarded. In joint custody, parents share decision making for major decisions that include healthcare, education, and religion. A Joint Parenting Agreement is drawn up when joint custody is awarded. The agreement outlines each parent’s rights and responsibilities for their child and determines the residence arrangements. The agreement also specifies what should be done when there is a disagreement about a parenting decision. If one parent is not suitable or able to be appropriately responsible for parenting decisions or if the parents cannot cooperate effectively with each other, sole custody may be awarded to one parent. Sole custody designates one parent as having sole authority for the child’s major life decisions. Sole custody does not mean one parent no longer gets visitation rights and joint custody does not mean that the parents split visitation rights equally. There is a visitation schedule that is either court ordered or agreed to by both parents. Visitation schedules may dictate that one parent has most of the time or that the time is shared to varying degrees. Regardless of sole or joint custody, both parents have a right to school, medical, dental, and childcare records. Joint Custody and Child Support—Does Custody Determine Support? The parents’ financial resources and the needs of the [children are the main factors in determining child support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) but other factors such as parenting time do play a role in determining each parent’s financial responsibilities. Parents may have joint custody and share time equally, but one parent may be expected to pay more. Can You Prevent Visitation if Child Support has Not Been Paid? You cannot refuse visitation based on whether [child support](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) has been paid. At the same time, you cannot refuse to pay [support if you are prevented from seeing your child](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/). Denying visitation or [child support](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) can result in being found in contempt of court. Can My Child Decide Which Parent to Live With? Another of the common questions about child custody in Illinois, children in the state do not get to outright choose to reside with one parent. The child’s wishes can be taken into consideration as one factor in determining where a child will reside. What Happens when Parents Cannot Agree on Custody? When parents cannot reach an agreement on custody, the court will sometimes mandate mediation. A mediator is trained and appointed by the court as a neutral third party. Mediators work to help parents reach an agreement on custody. Mediation discussions remain confidential regardless of the outcome and if the parties are unable to reach an agreement, the issue will proceed to trial. Sometimes, when parents cannot come to an agreement, the court will appoint guardian ad litem to assist the court in making a determination about custody, based on the best interest of the child. The custody evaluator’s determinations will be taken into consideration when the custody issue goes to trial and the judge decides. Can I Increase My Chances of a Larger Custody Agreement? An experienced family attorney, such as O’Dekirk, Allred and Associates in Joliet, can advise you about ways to increase your chances at a better outcome and answer your questions about child custody in Illinois. Here is an additional list to help you when proceeding with a divorce and wanting to achieve your goals regarding the time you wish to be granted with your children. - Do not make the other parent’s visitations difficult or complicated. Also, do not interfere with their visitation rights. - Do not yell at the other parent or your child. - Avoid any physical confrontations. - Make all child support payments - Do not take your child out of daycare or school for a non-emergency without discussing it with the other parent. - Try to engage in positive interactions as much as possible with the other parent and your child. - Consult with your attorney before making any significant changes to your living arrangements. - Do not unfairly or excessively criticize the other parent to others or your child, even if you feel your criticisms are all warranted. - Do not deny the other parent phone contact when the child is with you. What Should I do at a Custody Trial? In a custody trial, it is important to present yourself in the best possible light. Be sure to dress professionally and always exhibit good conduct. Be calm during all testimony and try to maintain neutral facial expressions – no matter what. It is important to avoid letting the judge see expressions of anger or frustration. Let your attorney object when objections are needed. If you need to tell your [attorney something in court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/), write a note. It is important to always conduct yourself professionally in court. If you have additional common questions about child custody in Illinois, contact us here at O’Dekirk, Allred and Associates in [Joliet](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/). We can help you with your custody issues and work diligently on your behalf to achieve the best possible outcome. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Criminal Attorney Joliet](https://www.odekirklaw.com/criminal-attorney-joliet/) **Published:** January 1, 2016 **Author:** O'Dekirk Law **Content:** If you’ve been charged with a crime, the [criminal attorney in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) with [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html), provides the personal attention and advocacy you need for all criminal matters, whether it is a felony or a misdemeanor. The law firm’s [criminal attorney in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) also defends you against drug offenses, DUI, juvenile criminal cases, traffic and CDL problems. They can also assist you with criminal record expungements. When it comes to one of the most important days in your life — when your case is decided — rely on a well-respected [criminal attorney in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) with the experience to provide you with the best outcome for success possible. The O’Dekirk, Allred & Associates’ [criminal attorney in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) offers intelligent and aggressive representation of clients which has earned the firm a reputation for positive results. They handle all types of felonies, misdemeanors, as well as divorce, custody, child support, [driver’s license reinstatement,](https://www.odekirklaw.com/drivers-license-reinstatement/) personal injury cases, and residential real estate cases. To [meet their team](https://www.odekirklaw.com/meet-the-team/) of attorneys and start preparing for your case, you can visit them at their Joliet or Yorkville offices. They’re here to make your difficult and stressful situation as hassle-free as possible. Clients all across the surrounding counties can attest to the top-notch service they provide. If you need a a good attorney, contact O’Dekirk, Allred & Associates today for your free consultation and to learn more about the thorough legal representation they can provide for you. Weekend and evening appointments are available for your convenience. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Attorney in Joliet, Criminal Attorney Joliet, Find a Criminal Attorney in Joliet, Joliet Criminal Attorney --- ### [Steps to Get Your License Back After an Illinois DUI](https://www.odekirklaw.com/steps-to-get-your-license-back-after-an-illinois-dui/) **Published:** October 16, 2018 **Author:** O'Dekirk Law **Content:** ![Steps to Get Your License Back After an Illinois DUI ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/dui-300x200.jpeg "first offense DUI - O'Dekirk, Rhodes & Associates, LLC")Did you know in Illinois, if your driver’s license is revoked, there is no automatic reinstatement of your driving privileges? If you are convicted of driving under the influence the Secretary of State is required to revoke your driver’s license. Once your license is revoked, you can only have your license reinstated through the Formal Administrative Hearing office at the Secretary of State. So, if you need to be able to drive (and you probably do), get your license back after an Illinois DUI with the help of [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/index.html). We understand the [license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/) process and can help you get a restricted driver’s permit and then your driver’s license back. While the process is not easy, one of our attorneys will be at your side as you answer questions about your past and your [DUI arrests](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) as well as your current and past alcohol and drug usage. For a hearing, we’ll help you with submitting the required evaluations, treatment documents and letters from people who can attest to your character and/or behavior. Today, we break down the process and explain how to get your license back after an Illinois DUI. ### Formal and Informal Hearings There are informal and formal hearings for [license reinstatement](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html). If you’ve only had one DUI, you can have an informal or a formal hearing, but if you’ve had two or more DUIs, or an offense involving a fatality, you must have a formal hearing. While each [case is unique and laws](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) may change, let’s take a look at some of the basics. ##### Basics of an Informal Hearing to Get Your License Back After an Illinois DUI - Available on a walk-in basis, no appointment needed - You will be required to fill out several documents, then wait to be called - There is only the Hearing Officer, you and your [DUI defense attorney](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) present - There is no record of the hearing, therefore you will not be able to appeal - The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision - You will receive an official Order within 90 days - You may be denied, granted a restricted driving permit or be eligible for reinstatement - You must wait 30 days if you are denied and want another hearing ##### Basics of a Formal Hearing to Get Your License Back After an Illinois DUI - It requires a written request to the Secretary of State and filing fee - A written notice will be sent to you with the date and time of the hearing - Depending on your risk level (see below) a variety of documentation is required - An Administrative Judge, employed by the Secretary of State, conducts the hearing. An SOS prosecutor will also be present. - A Hearing Officer will administer oaths, possibly ask you questions, rule on motions and evidence, then provide the state with ruling recommendations - The hearing is tape-recorded, which also means you may file an appeal if necessary - All evidence/documentation will be submitted and testimonies will be heard - The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision - You will receive an official Order in 4-8 weeks - You may be denied, granted a restricted driving permit or be eligible for reinstatement - You must wait 4 months if you are denied and want another hearing ### Risk Classification Levels When it comes to how to [get your license back after an Illinois DUI](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html), these classification levels will have bearing on your hearing, including documentation required, and all steps you’ll need to take to be eligible to have your license reinstated in some format. Level I Minimal Risk - Only one DUI arrest – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI - Took the breath test and registered a BAC under 0.15 - Show no other signs of alcohol abuse or dependence Requirements - Completion of a 10-hour Driver Risk Education (DRE) course. Level II *Moderate* Risk - Only one DUI conviction – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI - A BAC of 0.15 to 0.19 or refused to take the breath test on their first DUI - Show no other signs of alcohol abuse or dependence Requirements - Completion of the DRE course - At least 12 hours of alcohol counseling Level II *Significant* Risk - At least one prior DUI conviction or court-ordered supervision or statutory summary suspension or one prior reckless driving conviction reduced from DUI - Register .20 or higher on the blood or chemical breath test (breathalyzer) Requirements - Completion of the DRE course - At least 20 hours of alcohol counseling - 1-3 months of aftercare monitoring Level III High Risk, *Dependent* - 3 DUI arrests in the last 10 years from current DUI - Signs of alcohol abuse and/or dependence Requirements - Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment - Prove that for at least the last 12 months before the hearing, you have not used ANY alcohol and illegal drug - Prove establishment of an ongoing support/recovery program like Alcoholics Anonymous (AA) or another documented program Level III High-Risk, *Non-Dependent* - 3 DUI arrests in the last 10 years from current DUI - Less than three signs of alcohol abuse and/or dependence Requirements - Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment - Prove “non-problematic” alcohol/drug use for at least the last 12 months before hearing - Submit a provider report ruling out dependence and alternative cause for behavior ### Types of Restricted Driving Permits (RDP) Instead of making your eligible to fully get your license back after an Illinois DUI, the Secretary of State may issue you a restricted driving permit that allows you to drive certain places, including: - To and from work - Support/recovery meetings such as AA or classes - Scheduled medical appointments for you and family members - School (including daycare) for you and family members A driver’s [license revoked](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) for a DUI makes daily living extremely difficult and can hamper both your family and work life. Let our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/index.html) guide you through the process of how to get your license back after an Illinois DUI. We understand how important your driving rights are to you and will put you in the best position to succeed at your [driver’s license reinstatement hearing](https://www.odekirklaw.com/license-reinstatement-lawer-joliet-il.html). Our goal is to get your life back on track. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Need a Criminal Law Attorney? Here's How to Tell](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) **Published:** January 14, 2019 **Author:** O'Dekirk Law **Content:** ![Need a Criminal Law Attorney Heres How to Tell ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/criminal-law-attorney-300x200.jpeg "Gavel, scales of justice and law books - O'Dekirk, Rhodes & Associates, LLC")If you have found yourself with a criminal charge, it can be a very stressful and anxious time. But you are not alone. Each year there are [over 10 million arrests](https://www.statista.com/statistics/191261/number-of-arrests-for-all-offenses-in-the-us-since-1990/) in the US, and many of these cases will end up in court. Depending on the offense, some of the penalties can be very serious, including imprisonment. So if you are facing charges, how prepared do you feel for a criminal court case? Legal rules and the court system can be intimidating and difficult to understand, especially if this is your first time facing criminal charges. In fact, even if you are only under investigation, you may still benefit from some advice. Even if you are a smart, educated person, there is no substitute for professional help. A criminal law attorney can help you if you are under investigation, or facing charges. But if you are still not sure, read this guide to find out more. ## What Is A Criminal Law Attorney? A criminal law attorney is a lawyer [specializing in the defense](https://www.odekirklaw.com/criminal-defense/) of people charged with committing a crime. Their [role is to handle your case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) and legally represent you. A [defense attorney](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) will deal with investigators, police and the court officials on your behalf. They will also help you to understand all aspects of your case. ## Do You Need Representation? Criminal charges fall into two categories: [felonies and misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). If you are accused of either, then you should contact a [defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) as soon as you can. ### Felonies Here are the most common types of felony: - Murder - Rape - Assault - Arson - Treason - Robbery Felonies are the more serious crimes you can be charged with. Being found guilty of a felony can result in a lengthy prison sentence or, in some states, even the death penalty. ### Misdemeanors Here are the most common [misdemeanors that would require a defense](https://www.odekirklaw.com/joliet-misdemeanor-defense-attorney/) attorney: - Petty theft - Vandalism - Prostitution - First-time possession of drugs - Reckless driving - Disorderly conduct - Trespass Misdemeanors are less serious offenses than felonies. Being found guilty of a misdemeanor can result in a short prison sentence or a fine. ## Thinking of Going Alone? Think Again If you are a smart, educated individual, it may be tempting to think that you can go it alone and represent yourself. There are plenty of books that outline criminal law as well as plenty of information available online. However, there is a vast difference between reading about the law and practicing it. An [experienced defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) will understand the courtroom procedures in a way that is impossible to learn from a book. If you [hire a local attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/), they may well have experience with the prosecutors, police, and judge connected to your case. This will command respect and offer an advantage when it comes to negotiating your plea that you would not achieve if you are self-representing. ## What A Criminal Lawyer Can Do For You So what can a criminal lawyer do for you? ### Assess Your Case While each criminal case is different, an experienced [defense attorney will have seen similar cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) to yours. They will have the [experience and the skills to assess your case](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/) based on the evidence and come up with a strategy. Your lawyer will ask you to provide them with all the details you can about the crime you are charged with. They may ask you to think of witnesses and may get you to fill in a questionnaire so they have as much information as possible. Once your lawyer has assessed your case they will be able to talk you through your options, and what will happen next. ### Be Objective It is not a lawyer’s job to tell you what you want to hear. They have to remain professional and objective, and sometimes that might mean giving you a bit of a reality check. An experienced lawyer will have a good idea about what will happen next in your case. They will also have a realistic understanding of how your case is going, and the most likely outcome. ### Negotiate a Plea Bargain One of the most important roles of a defense attorney is to negotiate a [plea bargain](https://www.justice.gov/usao/justice-101/pleabargaining) on your behalf. A plea bargain can potentially reduce your sentence or the fine brought against you. Negotiating deals with prosecutors is a very skilled practice and some prosecutors and judges are reluctant to negotiate with people representing themselves. ### Explain Legal Rules There are many complex rules that surround each [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). You may be aware of some, but only an experienced lawyer will be able to explain to you how they all affect your case in particular. For example, there are rules about police searches that you may not be aware of and that you may even be able to contest in court. ### Navigate The Court System [Criminal courts](https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases) can be intimidating places, especially if it is your first time in a courtroom. However, a lawyer will understand exactly how courts work and will be able to talk you through everything that will happen during your case. Each courtroom is different, so one of the [advantages of hiring a local](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) lawyer is that they will know many of the people who work in the court. They will also be aware of any local court customs that are specific to your area. ### Talk To Witnesses As well as actually questioning witnesses in court, your [defense attorney](https://www.odekirklaw.com/tips-on-how-to-identify-a-good-criminal-defense-attorney/) will also be able to gather information from prosecution witnesses. It is unlikely that prosecution witnesses would want to talk to the defendant, so having a [defense lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) to gather this information for you is important. ## Find A Criminal Law Attorney Today As this guide shows, if you are facing legal charges or being investigated for a crime, then you need a criminal law attorney. A defense attorney can help you navigate your court case, make plea bargains and explain the finer points of criminal law to you. Hiring an experienced [criminal lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) can make the difference between winning or losing your case. So if you are in need of a defense attorney, don’t hesitate to [get in touch](https://www.odekirklaw.com/contact-us/) with our team of criminal lawyers today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [When to hire a criminal defense attorney](https://www.odekirklaw.com/when-to-hire-a-criminal-defense-attorney-2/) **Published:** April 30, 2021 **Author:** O'Dekirk Law **Content:** Finding a [criminal](https://www.odekirklaw.com/criminal-defense/) [defense](https://www.odekirklaw.com/criminal-defense/) [attorney](https://www.odekirklaw.com/criminal-defense/) immediately after an arrest can be extremely beneficial to your case. Getting a [lawyer](https://www.odekirklaw.com/criminal-defense/) immediately following an arrest may not possible, therefore contacting an attorney at the earliest available opportunity is imperative to a solid and sound defense. Shortly after your release, you will receive a court date. This court date, also known as the arraignment date, is where you’ll get an opportunity to listen to all the charges against you. You will also get the opportunity to enter a guilty or not guilty plea. It’s important your [criminal attorney has an opportunity to review the case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) and help you make the best decisions well before the arraignment date arrives. Call O’Dekirk, Allred and Associates in Joliet now to discuss your case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How to Pick the Right Criminal Attorney for You](https://www.odekirklaw.com/how-to-pick-the-right-criminal-attorney-for-you/) **Published:** June 16, 2021 **Author:** O'Dekirk Law **Content:** We all make mistakes, and whether or not we actually did the mistake or plead guilty to it, those mistakes shouldn’t be indicative of who we are as people. Getting the right [criminal attorney](https://www.odekirklaw.com/criminal-defense/) is the most important choice you can make if you are in a situation involving charges, DUIs, drug offenses, juvenile cases, or need records expunged. We’re confident that we are the right attorneys for you, but we want to make sure that you are confident in us too. So, we’ve created a shortlist of rules for you to follow to ensure that you pick the best [attorney](https://www.odekirklaw.com/criminal-defense/) for you. Pick a Responsive Attorney Too many times, attorneys are lackadaisical and drag their feet when considering how to approach your case. We believe that time is of the essence when you are facing charges or trying to pull your life together after you’ve made a plea. We believe that you should be able to get fast and accurate responses, and that is why this is the first rule you should keep in mind. Remember, we are here to serve you and help you out of this situation, so communication with your [attorney is key to getting your case](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) figured out and you moved on with your life. Pick an Attorney with Experience in Criminal Law and the Local Courts This is a big rule to follow when making your choice. The attorney that you pick must have some reputable experience within [criminal law](https://www.odekirklaw.com/criminal-law-joliet/). Novice attorneys are great for other cases—but [criminal law cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) need to be handled by experts. The rest of your life rests in our hands, so picking the right attorney with the right experience is the most important thing for your case and your future. By the same token, you also want to work with an [attorney that understands your local courts](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/). Every city has a special way that they approach [cases and trials—picking a good attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) means that you pick someone with extensive knowledge about the courts in Illinois. It’d be a shame if the attorney you picked was one from out of state, without a comprehensive knowledge of how we do things here. Your Attorney Should Know the Basics in Conversation Look, it’s not important that you know every nuance about your case. It’s not your job. It is your attorney’s job. You should be able to take what you know about your case and about your situation and be able to ask your attorney questions—which then they can immediately answer. Good attorneys don’t know everything off the top of their head, but they are excellent at finding [answers to hard questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/). Basic laws and court procedures should be second nature to them. Their comfort with the criminal justice system will make the difference between the case result being on your side or the other guy’s side. Pick an Attorney with Excitement and Conviction Have you ever watched a movie where the attorney on the winning side is not excited about their case? Me neither. The losing side always has a monotone, lackluster attorney—sometimes dressed in grey to emphasize their dullness. Their fashion choices are not the best at showing their enthusiasm for a case, but movies are good semi-reflections of how the public sees and feels about a topic. If you pick an attorney with a dull, lack luster, view of your case, you might find yourself on the losing side just like the movies. You need to pick an attorney that is excited about your case. That enthusiasm can make the difference in a judge’s choice. At the same time, you also want to pick an attorney who is confident in themselves in the court, who is not afraid to push back when they believe their client is being harassed, and who believe in their cause. When you meet us, take note of our enthusiasm and our presentation before you—you’ll sense both our enthusiasm for your case, and our confidence. At O’Dekirk, Allred & Associates, we are committed to law and justice, and we are committed to you too. We want to work with you to get your life back to full speed, and we believe that we are the best option for that. If you need help, visit our website or give us a call. And if you’d like to read more about what we do here, and how we can help you, visit our blog. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Involved in a parenting time or responsibilities situation?](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) **Published:** October 23, 2019 **Author:** O'Dekirk Law **Content:** If child custody and visitation rights have initially been determined during divorce proceedings, that doesn’t mean that circumstances won’t change. Perhaps one parent wants to modify the initial order, may be moving out of the area, or another parenting dispute may have arisen. Often the reaction to this can be frustration, or even raw anger. But it’s always a cool head that is needed to deal with such matters. Negotiation might be possible; if not, then the case might proceed to a hearing. This is why it’s so important to use the services of attorneys with extensive litigation skills, like our team here at O’Dekirk, Allred and Associates, in Joliet, Illinois. To discuss your parenting situation, or other [criminal or real estate attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) matters, simply call us now on 815-740-1700… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Tips for hiring a criminal attorney](https://www.odekirklaw.com/tips-for-hiring-a-criminal-attorney/) **Published:** November 4, 2019 **Author:** O'Dekirk Law **Content:** Hiring a criminal attorney is something that you must be smart about. When searching for one, seek out an attorney that has extensive experience. They should have successfully defended others who have been charged with the same crime you have. If [criminal law](https://www.odekirklaw.com/criminal-law-joliet/) is his or her specialty, you have a better chance of winning your case. The [attorney you choose](https://www.odekirklaw.com/how-to-choose-the-right-criminal-defense-attorney/) must be one you connect with, as it will make your case stronger. Most attorneys will offer a free consultation so you can see if you are a good fit. This is one of the biggest mistakes people make. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [When to get a criminal defense attorney](https://www.odekirklaw.com/when-to-get-a-criminal-defense-attorney/) **Published:** November 25, 2019 **Author:** O'Dekirk Law **Content:** Finding a criminal defense attorney immediately after an arrest can be extremely beneficial to your case. Getting a lawyer immediately following an arrest may not possible, therefore contacting an attorney at the earliest available opportunity is imperative to a solid and sound defense. Shortly after your release, you will receive a court date. This court date, also known as the arraignment date, is where you’ll get an opportunity to listen to all the charges against you. You will also get the opportunity to enter a guilty or not guilty plea. It’s important your [criminal attorney has an opportunity to review the case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) and help you make the best decisions well before the arraignment date arrives. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Defending Against Domestic Violence Charges in Joliet and Will County](https://www.odekirklaw.com/defending-against-domestic-violence-charges/) **Published:** January 25, 2026 **Author:** O'Dekirk Law **Excerpt:** Facing domestic violence charges in Illinois? Learn proven defense strategies, from self-defense claims to challenging false accusations. Get expert legal guidance now. **Content:** Being accused of domestic violence can turn your life upside down in a matter of hours. Suddenly, you’re facing potential jail time, a criminal record, and the possibility of losing contact with your own family. At O’Dekirk, Allred & Rhodes, LLC, we’ve represented countless clients throughout Joliet and the surrounding communities who found themselves in this exact situation. And here’s what we’ve learned: many people charged with domestic violence aren’t the aggressors the accusations make them out to be. Whether you’re in Joliet, Manteno, Wilmington, or Morris, Illinois, defending against domestic violence charges requires more than just showing up to court and hoping for the best. You need to understand what you’re up against, what defenses may apply to your situation, and how to protect your rights from day one. That’s exactly what we’re going to cover here. ## Key Takeaways - Defending against domestic violence charges requires immediate action—evidence can disappear and witnesses become harder to locate over time. - Self-defense is a legitimate defense strategy if you can prove the force used was proportionate to the threat faced. - False accusations occur frequently in custody battles and divorce proceedings, and inconsistencies in the accuser’s story can weaken the prosecution’s case. - The prosecution must prove guilt beyond a reasonable doubt, and many domestic violence cases rely heavily on one person’s word without strong physical evidence. - Following all court orders, preserving evidence like texts and emails, and avoiding social media posts about your case are critical steps while charges are pending. - Working with an experienced criminal defense attorney who understands local courts can significantly impact the outcome of your case. ## Understanding Domestic Violence Charges Domestic violence isn’t a single crime. It’s actually a category that covers multiple offenses committed against specific people, including spouses, dating partners, co-parents, household members, and close family members. The behavior itself can range from physical violence to threats, harassment, stalking, and even controlling conduct. In Illinois, the law takes these allegations seriously. That’s partly because domestic violence situations can escalate, but it also means that accusations alone can trigger significant consequences before you’ve had your day in court. Many of our Joliet clients are shocked to learn that an arrest can happen based solely on one person’s statement, even without physical evidence or witnesses. What makes these cases particularly challenging is the emotional context. Arguments between family members or partners can get heated. Words get misinterpreted. And sometimes, one party makes accusations during a moment of anger that they later regret. But by then, the criminal justice system has already started moving forward. ### Types of Offenses and Potential Penalties Domestic violence charges in Illinois can be classified as misdemeanors or felonies, depending on the specific conduct alleged and your criminal history. Common charges include: - **Domestic battery** (physical contact that causes harm or is insulting/provoking) - **Aggravated domestic battery** (involving serious injury or use of a weapon) - **Violation of an order of protection** - **Criminal threats or intimidation** - **Stalking or harassment** - **Property damage** The penalties can be severe. Even a first-time misdemeanor domestic battery conviction can result in up to one year in jail, fines, mandatory counseling, and a no-contact order. Felony charges carry the possibility of prison time. Beyond the immediate legal consequences, a domestic violence conviction can affect your employment, your ability to own firearms, immigration status, and your standing in any custody or divorce proceedings. For residents in Joliet and throughout Will County, we’ve seen how these charges can affect every aspect of someone’s life. That’s why mounting an aggressive defense from the start matters so much. ## Common Defense Strategies Every domestic violence case has its own facts, but certain defense strategies come up frequently. The key is identifying which approach fits your specific situation. One of the most effective defenses involves challenging the accuser’s credibility. Prosecutors often rely heavily on the alleged victim’s statement. If that statement contains inconsistencies, contradicts physical evidence, or has changed over time, those weaknesses can become central to your defense. We also look at whether the alleged conduct actually meets the legal definition of domestic violence under Illinois law. Not every argument or unwanted touching qualifies. The prosecution has to prove specific elements, and if they can’t, the charges shouldn’t stick. Other potential defenses include: - Establishing an alibi (you weren’t present when the alleged incident occurred) - Demonstrating that any contact was accidental rather than intentional - Showing that the evidence was obtained illegally - Negotiating reduced charges when circumstances warrant ### Self-Defense and Defense of Others Self-defense is one of the most common and legitimate defenses in domestic violence cases. Illinois [law recognizes that you have the right to protect](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) yourself when you reasonably believe you or someone else faces imminent harm. But here’s the catch: the force you used must be proportionate to the threat you faced. You can’t respond to a slap with a weapon, for example. And in many cases, you also need to show that you couldn’t safely retreat from the situation. Evidence that supports a self-defense claim includes: - Your own injuries (photographs, medical records) - 911 call recordings - Witness statements - Text messages or voicemails showing threats from the other party - Prior incidents where the accuser was the aggressor We’ve represented clients in Joliet and the surrounding areas who were actually the victims in an altercation but ended up being the ones arrested. Sometimes officers arrive and make quick judgments based on who appears more upset or who called first. Self-defense claims give us a path to set the record straight. ### False Accusations and Lack of Evidence Let’s be honest: false accusations happen. Sometimes they stem from jealousy or revenge. Other times, they’re connected to ongoing custody battles or divorce proceedings where one party sees a domestic violence accusation as a tactical advantage. Courts recognize this reality, and so do we. When defending against potentially false accusations, we focus on: - The accuser’s motive to lie - Any history of prior false claims - Inconsistencies between the accusation and available evidence - The absence of corroborating physical evidence, medical records, or witnesses - Communications (texts, emails, social media) that contradict the accuser’s story Many domestic violence cases come down to one person’s word against another’s. Without strong physical evidence, the [prosecution faces an uphill battle proving their case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) beyond a reasonable doubt. That’s the standard they must meet, and it’s not a low bar. ## Building Your Case With an Attorney The moment you’re charged with [domestic violence,](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) the clock starts ticking. Evidence can disappear. Memories fade. Witnesses become harder to locate. That’s why working with an experienced [criminal defense attorney](https://www.odekirklaw.com/criminal-defense-attorney/) early in the process is so important. At O’Dekirk, Allred & Rhodes, LLC, many of our attorneys are former prosecutors. That background gives us insight into how the other side thinks and builds their case. We know what evidence they’ll prioritize, what weaknesses they might overlook, and how to challenge their approach effectively. Here’s what building a strong defense typically involves: **Reviewing all discovery materials.** This includes police reports, witness statements, photographs, medical records, and any other evidence the prosecution has gathered. We look for inconsistencies, procedural errors, and gaps in their case. **Conducting our own investigation.** We don’t just accept the prosecution’s version of events. We interview witnesses, visit the scene if necessary, and gather our own evidence. **Securing expert witnesses when needed.** In some cases, medical experts, forensic specialists, or psychologists can provide testimony that supports your defense. **Challenging illegal evidence.** If [police violated your rights during the investigation,](https://www.odekirklaw.com/your-rights-during-a-police-investigation/) such as conducting an unlawful search or failing to read your Miranda rights, we can file motions to suppress that evidence. **Developing a defense theory.** Whether we’re arguing innocence, self-defense, or simply that the prosecution can’t meet its burden of proof, we build a clear narrative that makes sense to judges and juries. Our firm’s reputation in the Joliet legal community speaks for itself. We’re often hired by police officers and firefighters facing their own legal challenges because they know the quality of representation we provide. That same aggressive, intelligent defense is available to anyone who walks through our doors. ## What to Expect During the Legal Process If you’ve never been through the criminal justice system before, the process can feel overwhelming. Here’s a general roadmap of what typically happens in domestic violence cases in Will County. **Arrest and booking.** After an arrest, you’ll be processed at the local police station. This includes fingerprinting, photographs, and paperwork. **Bail or bond hearing.** A judge will determine whether you can be released before trial and under what conditions. In domestic violence cases, these conditions often include no-contact orders with the alleged victim. **Arraignment.** This is your first formal court appearance, where you’ll hear the charges against you and enter a plea. Most defendants plead not guilty at this stage to preserve their options. **Pretrial hearings and motions.** Your attorney can file various motions, such as requests to suppress evidence, dismiss charges, or compel the prosecution to disclose additional materials. Settlement discussions often happen during this phase as well. **Plea negotiations.** Depending on the strength of the evidence, it may make sense to negotiate a plea to reduced charges. This isn’t always the right move, but it’s an option we discuss honestly with every client. **Trial.** If your case goes to trial, either a judge or jury will hear the evidence and decide whether the prosecution has proven guilt beyond a reasonable doubt. **Sentencing and potential appeals.** If convicted, sentencing occurs either immediately or at a later hearing. You may have grounds to appeal the conviction or sentence. Throughout this process, having an [attorney who knows the local courts,](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) prosecutors, and judges in Joliet and Will County can make a real difference. We’ve handled cases in these courtrooms for years, and that familiarity helps us anticipate how proceedings will unfold. ## Protecting Your Rights and Future Facing domestic violence charges isn’t just about what happens in the courtroom. It’s about protecting your future, your relationships, and your reputation. Here are some practical steps you should take while your case is pending: **Follow all court orders.** If there’s a no-contact order in place, obey it completely. Even if the alleged victim reaches out to you, don’t respond. Violating a [protective order](https://www.odekirklaw.com/do-you-need-a-lawyer-for-an-order-of-protection/) is a separate crime and can seriously damage your defense. **Preserve evidence.** Save text messages, emails, voicemails, and social media posts that might be relevant to your case. Don’t delete anything, even if it seems embarrassing or unflattering. **Avoid discussing your case.** Don’t post about it on social media. Don’t discuss details with friends or family members who might be called as witnesses. Anything you say can potentially be used against you. **Document everything.** If you have injuries from the incident, photograph them and get medical attention. Keep a detailed timeline of events as you remember them. **Stay in close contact with your attorney.** New developments can happen quickly. Make sure your lawyer knows about any changes in your situation. For clients throughout Joliet, Manteno, Wilmington, and Morris, we also help navigate the collateral consequences of domestic violence charges. If you’re going through a divorce or custody dispute at the same time, those matters are connected. Our firm handles family law plus to [criminal defense, which means we can coordinate your defense](https://www.odekirklaw.com/criminal-defense/) across multiple legal fronts. ## Conclusion Domestic violence charges carry serious consequences, but an accusation isn’t a conviction. The [prosecution still has to prove its case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/), and that’s where a strong defense makes all the difference. Whether the facts support a self-defense claim, the accuser’s credibility is questionable, or the evidence simply doesn’t add up, there are often multiple ways to challenge these charges. The key is acting quickly and working with attorneys who understand how to build an effective defense. At O’Dekirk, Allred & Rhodes, LLC, we’ve built our reputation on aggressive, intelligent representation that gets results. We serve clients throughout Joliet, Manteno, Wilmington, Morris, and the surrounding areas, and we’re committed to protecting your rights at every stage of the process. If you’re facing domestic violence charges, don’t wait. Contact our office today to schedule a consultation. The sooner you have experienced counsel on your side, the better positioned you’ll be to defend yourself and protect your future. ## Frequently Asked Questions About Defending Against Domestic Violence Charges ### What are common defenses against domestic violence charges in Illinois? Common defenses include challenging the accuser’s credibility, proving self-defense, establishing an alibi, demonstrating accidental contact, and showing the evidence was obtained illegally. An [experienced attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) can identify which strategy fits your specific situation and whether the alleged conduct meets the legal definition under Illinois law. ### Can I claim self-defense in a domestic violence case? Yes, Illinois law recognizes self-defense when you reasonably believed you or someone else faced imminent harm. However, the force used must be proportionate to the threat. Supporting evidence includes photographs of your injuries, medical records, 911 recordings, witness statements, and any threatening messages from the other party. ### What happens if someone falsely accuses me of domestic violence? False accusations do occur, often during custody battles or divorce proceedings. When defending against domestic violence charges involving false claims, attorneys focus on the accuser’s motive to lie, inconsistencies in their story, lack of physical evidence, and communications that contradict their accusations. ### What are the penalties for a domestic violence conviction in Illinois? Penalties vary based on the offense severity. A first-time misdemeanor domestic battery can result in up to one year in jail, fines, mandatory counseling, and no-contact orders. Felony charges carry potential prison time. Convictions also affect employment, firearm ownership, immigration status, and custody proceedings. ### How long does a domestic violence case take to resolve? The timeline varies depending on case complexity, evidence, and court schedules. Cases may resolve in weeks through plea negotiations or take several months if proceeding to trial. The process includes arraignment, pretrial hearings, motions, possible plea negotiations, and potentially trial and sentencing. ### Should I contact the alleged victim while my case is pending? No. If a no-contact order is in place, obey it completely—even if the alleged victim reaches out to you. Violating a protective order is a separate crime that can seriously damage your defense against domestic violence charges and result in additional penalties. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Family Law Lawyers --- ### [Domestic Violence and Orders of Protection](https://www.odekirklaw.com/domestic-violence-orders-protection-illinois/) **Published:** May 15, 2017 **Author:** O'Dekirk Law **Content:** [![Domestic Violence and Orders of Protection ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/gavel-568417_640-300x204.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/gavel-568417_640.jpg)[O’Dekirk Allred and Associates in Joliet](https://www.odekirklaw.com) knows how important it is that you understand domestic violence and orders of protection in Illinois. If you are involved in a case involving these issues, we can help whether you’re facing a threatening situation or have an order of protection filed against you. During an initial consultation with us, we’ll help you understand the laws, as well as provide information regarding moving forward with our firm as your legal representation. ##### Legal Definition of Domestic Violence in Illinois The State of Illinois defines the five types of domestic violence as: physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. Knowing the definitions of each type will help you [understand if your situation](https://www.odekirklaw.com/understanding-a-dui-situation/) may fit one or more of these categories. If you are uncertain, [seeking legal assistance](https://www.odekirklaw.com) is a wise choice both for guidance and help. 1. **Physical abuse:** This includes sexual abuse, physical abuse, confinement, and restraint. Physical abuse also encompasses actions that create a risk of physical and immediate harm as well as unnecessary, repeated, and purposeful sleep deprivation. 2. **Harassment:** Necessary behavior that results in emotional distress such as creating a disturbance, repeated phone calls, following you, and keeping you under surveillance. Harassment can occur at your home, work, or school. Other types of harassment include threatening, confinement, or restraining you. Hiding your child or threatening to take your child away can also be a form of harassment. If someone is accused of doing this, but was fleeing from a domestically violent situation, there is an exception for such a circumstance. 3. **Intimidating a dependent:** If an abuser forces a dependent to participate in or watch physical force, confinement, or restraint of another person, this is considered to be intimidation of a dependent. 4. **Interfering with personal freedom:** Forcing you, by threatening intimidation, violence, suicide, deprivation, or restraint, to do something you don’t want or not allowing you to do something you have a right to do. 5. **Purposeful deprivation:** Putting a person at risk of emotional, physical, or mental harm by willfully denying medical care, shelter, food, medication, or other necessary help. ##### ##### Orders of Protection If you or a loved one is experiencing domestic violence, there are several types of protection orders available. [Orders of protection](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html) provide a legal safeguard from a household or family member who has committed domestic violence against you or a minor or dependent. Seek legal advice if you are uncertain which type you should pursue or if you need assistance. **Emergency Orders** Emergency orders can be given by a judge based on just your testimony. In most situations, the abuser does not get any prior notice and is not required to be present in court for the order to be granted. These are granted if the harm you are trying to prevent would be likely to occur if the abuser were notified. To get an abuser out of your shared home, the judge must believe that the hardship to the abuser is outweighed by the immediate danger to you. The emergency order can allow you to obtain your personal property, if you have an immediate and pressing need, as part of this order or if the judge believes the abuser would likely get rid of the property once he or she discovered you were asking for it. Emergency orders can be filed on weekends, holidays, or even at night. The emergency order remains in effect until you can have a full hearing, often in 14-21 days, for a plenary order. **Interim Orders** A full court hearing is not required for an interim order to be granted; however, the abuser must be notified of your court hearing date and the abuser or his or her lawyer must have made an appearance before the court. Interim orders can last for up to 30 days and are often used to fill the time between your emergency order and a plenary order. **Plenary Orders** This type of order is good for up to two years and can be renewed as many times as is needed. A court hearing where both you and the abuser have an opportunity to present evidence is required. It is a good idea to have a lawyer present at plenary hearings, particularly if you suspect the abuser will bring a lawyer. Our lawyers here at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html) have represented both sides of plenary orders and are ready to take on your case. ##### Common Questions **Can an advocate come to court with me for support?** In most cases, victims of abuse can use a domestic abuse advocate or lawyer to help you prepare your petition and you may have an advocate with you in court to confer with during your court hearing unless the judge does not allow it. **In which county am I allowed to file a protection order?** You may file for a [protection order](https://www.odekirklaw.com/family-law/orders-of-protection/) in the county you reside in, the county where the abuser resides, the county where the abuse took place or even where you are temporarily located. Filing in your temporary county is allowed if you left your home to avoid additional abuse and could not obtain safe temporary housing in the county of your residence. If you are requesting the abuser be removed from your residence as part of your protection order, you can only file in the county of the residence or in a neighboring county or you must meet one of the following exceptions: you are filing for divorce and the [order of protection](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html); you have fled the county to avoid abuse and can only qualify for exclusive possession as part of an emergency order of protection. Understanding the laws about domestic violence and orders of protection in Illinois can help you navigate your situation and ensure the best possible outcome. If you find yourself on either side of a domestic violence case and need legal assistance, advice, or support, contact [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/contact-odekirk-allred-associates.html). We offer free consultations and if needed, thorough representation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Should I Retain a Real Estate Lawyer in Illinois?](https://www.odekirklaw.com/should-i-retain-a-real-estate-lawyer-in-illinois/) **Published:** March 20, 2019 **Author:** O'Dekirk Law **Content:** [![Should I Retain a Real Estate Lawyer in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Nice-House-300x200.jpg "Nice House - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/Nice-House.jpg)Today, [O’Dekirk, Allred & Associates](https://www.odekirklaw.com) in Joliet discusses why you should retain a real estate lawyer in Illinois. We know that buying a home is one of life’s most significant purchases, involving a lot of paperwork and various legal issues. Even as a seller, it’s not as easy as finding a buyer and collecting a check. Everything must be handled systematically, contracts need to be read and understood, and if anything goes awry, both buyers and sellers need legal protection. Let’s break down why you need a real estate lawyer even further… **Purchasing a Home** For the majority of home purchases, a seller contracts with a real estate agent, usually in writing. This contract is called a brokerage contract. When the agent (also referred to as the broker) locates a buyer, any negotiations that need to take place are done through the broker because the broker is responsible for acting as an intermediary between the two parties, the buyer and seller. Once the parties have reached an informal agreement on an offer, a formal written contract is drawn up and signed. The buyer must then pay or obtain financing if they don’t have it already. A title search, inspection, and appraisal are performed. Eventually, the buyer takes possession of the property and the seller receives the agreed upon amount of money. Like any purchase, there can be issues. For example, some houses, like cars, can turn out to be lemons. This is when and why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) in Illinois. **Unclear Terms** A real estate lawyer will help you avoid problematic terms in the sale of your home. Some of these problems begin with the brokerage agreements. Many real estate agents use standard forms. These forms can lead to problems. For example, if there is no agreement to the contrary, the seller may have to pay a brokerage commission, even if the property doesn’t sell. Also, the seller can end up paying more than one commission. Using a [residential real estate attorney](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) can help ensure that particular options are available to you as either the buyer or the seller. A real estate lawyer can ensure that a seller or buyer has the right to negotiate on his or her behalf. Lawyers can also help if there are issues and the seller needs to withdraw from the contract. There are a number of laws and issues that a real estate lawyer in Illinois can prevent and they can help prepare buyers and sellers. Real [estate lawyers](https://www.odekirklaw.com/how-to-choose-a-real-estate-lawyer/) also ensure that their clients are better aware of what their contracts mean and whether it is really in their best interest to sign. If you need a real estate lawyer, contact us here at O’Dekirk, Allred & Associates in Joliet. **Consultations** Even if one not necessary during negotiations, the buyer or seller may want to consult with a real estate lawyer regarding the tax consequences of the sale. Income tax for the seller, in particular, can be substantial. A great reason why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) prior to the sale is to learn about and take advantage of various tax provisions to lessen the impact. **Purchase Agreement** The single most important document in a property sale is the purchase agreement. Using a real estate lawyer in Illinois to step through the purchase agreement for the sale can help offer an opportunity to tailor the agreement to better address the needs of the parties involved. Here are some common examples of things a real estate lawyer can help determine: - Was there a lawful addition to the property or has the property been altered? - Will future changes to the property that the buyer wants to make be legally allowed? - If an inspection reveals lead-based paint, termites, asbestos, or radon, what will happen? - What will occur if the property is found to contain hazardous waste? - If the closing fails to take place, what happens? What are the legal consequences? What happens to the earnest money and down payment? - Will the down payment be held in an escrow account? Will a lawyer oversee the escrow account? What are the escrow instructions and are they appropriate? - Does closing depend on the buyer getting financing? Is the condition appropriate for this sale? Most buyers need to finance most of the purchase price for a home with a mortgage. The purchase agreement should include a carefully worded condition that the purchase agreement is contingent upon the buyer obtaining financing. **Title Search** Once a purchase agreement is signed, it is appropriate to determine the title for the property. It is important that both the buyer and the financial institution offering to finance are satisfied with the [results of the title search](https://www.odekirklaw.com/search-results-page/). It is also important to ensure that the legal description is accurate and that there are no issues with prior or adjoining owners. Review of the title and ensuring the accuracy of the legal description can be confusing which is why you need a [real estate lawyer](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html). They can help determine if there are any exceptions to the title or whether there are potential problems. **Zoning** A real estate lawyer can also ensure that you are aware of any zoning issues. The title search does not include any zoning information. If there are future plans for improvement, the real estate lawyer in Illinois can help determine whether any zoning ordinances would be violated. **Closing** Even the finish line can be problematic. All closing papers must be prepared, as well as the sale transaction. A real estate lawyer can help a buyer or seller with all of the closing paperwork and ensure that everything is appropriate and properly executed. It is also helpful to have a real estate lawyer present just in case any last minute disputes arise. If other parties involved have a lawyer present and you are without one, your interests could be unprotected. As you can see, there are many reasons why you need a real estate lawyer in Illinois, so make sure your interests are protected during one of biggest events in your life. At [O’Dekirk, Allred & Associates](https://www.odekirklaw.com) in Joliet, we want to make sure that the buying or selling of your home is a positive experience. Let us guide you through the process and provide peace of mind. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Tips on hiring a criminal attorney](https://www.odekirklaw.com/tips-on-hiring-a-criminal-attorney/) **Published:** January 7, 2020 **Author:** O'Dekirk Law **Content:** When you are looking to hire a criminal attorney, it’s essential you choose the right one for your specific case and requirements. When hiring a criminal defense attorney, ensure you settle for an experienced and reliable one. Here are some tips to help you get an experienced criminal attorney. 1. Go through the attorney’s previous cases and ratings 2. Settle on an attorney that understands local courts 3. Find an attorney that you can openly communicate with O’dekirk Law is an enterprise dealing with [real estate](https://www.odekirklaw.com/real-estate/) and family law. Contact us today to learn about our terms and services. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Estate Planning Tips for Newlyweds](https://www.odekirklaw.com/estate-planning-tips-for-newlyweds/) **Published:** October 13, 2022 **Author:** O'Dekirk Law **Content:** If you recently got married or are planning to get married, there are some legal matters that you should consider before or shortly after you get married. First, if you don’t have a will, you need to create one. If you have an existing one, you need to update it. You may not want to be thinking about a will during such a happy time in your life, but it is essential to have something in place. Update your account beneficiaries, if you have any. These include any recipients you have on bank accounts, insurance policies, retirement and investment accounts, and health savings accounts. Lastly, name a power of attorney. You should decide who you want to handle your financial affairs if you become unable or pass away. You and your spouse should also discuss naming a power of attorney if something happens to both of you at the same time. This person will be in charge of your bank accounts, bills, investments, and taxes, so it will need to be someone you trust. If you need some help covering your estate planning, and any other legal real estate advice, O’Dekirk, Allred & Associates, LLC is a real estate [law firm](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) in Joliet. Contact us today if you need a [real estate](https://www.odekirklaw.com/real-estate/) attorney Joliet based, or nearby. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Real estate attorney](https://www.odekirklaw.com/real-estate-attorney-2/) **Published:** May 15, 2022 **Author:** O'Dekirk Law **Content:** We know that [buying](https://www.odekirklaw.com/real-estate/) a [home](https://www.odekirklaw.com/real-estate/) is one of life’s most significant purchases. Even as a seller, it’s not as easy as finding a buyer and collecting a check. Everything must be handled systematically, contracts need to be read and understood, and if anything goes awry, both buyers and sellers need legal protection. Purchasing a Home For most home purchases, a seller contracts with a real estate agent, usually in writing. This contract is called a brokerage contract. When the agent (also referred to as the broker) locates a buyer, any negotiations that need to take place are done through the broker because the broker is responsible for acting as an intermediary between the two parties, the buyer and seller. Once the parties have reached an informal agreement on an offer, a formal written contract is drawn up and signed. The buyer must then pay or obtain financing if they don’t have it already. A title search, inspection, and appraisal are performed. Eventually, the buyer takes possession of the property, and the seller receives the agreed upon amount of money. Like any purchase, there can be issues. For example, some houses, like cars, can turn out to be lemons. This is when and why you need a real estate lawyer in Illinois. Unclear Terms A [real estate lawyer](https://www.odekirklaw.com/real-estate/) will help you avoid problematic terms in the sale of your home. Some of these problems begin with the brokerage agreements. Many real estate agents use standard forms. These forms can lead to problems. For example, if there is no agreement to the contrary, the seller may have to pay a brokerage commission, even if the property doesn’t sell. Also, the seller can end up paying more than one commission. Using a residential real estate attorney can help ensure that options are available to you as either the buyer or the seller. A real estate lawyer can ensure that a seller or buyer has the right to negotiate on his or her behalf. Lawyers can also help if there are issues, and the seller needs to withdraw from the contract. There are a number of laws and issues that a real estate lawyer in Illinois can prevent, and they can help prepare buyers and sellers. Real [estate lawyers](https://www.odekirklaw.com/how-to-choose-a-real-estate-lawyer/) also ensure that their clients are better aware of what their contracts mean and whether it is really in their best interest to sign. If you need a real estate lawyer, contact us here at O’Dekirk, Allred & Associates in Joliet. Consultations Even if one not necessary during negotiations, the buyer or seller may want to consult with a real estate lawyer regarding the tax consequences of the sale. Income tax for the seller can be substantial. A great reason why you need a real estate lawyer prior to the sale is to learn about and take advantage of various tax provisions to lessen the impact. Purchase Agreement The single most important document in a property sale is the purchase agreement. Using a real estate lawyer in Illinois to step through the purchase agreement for the sale can help offer an opportunity to tailor the agreement to better address the needs of the parties involved. Here are some common examples of things a real estate lawyer can help determine: - Was there a lawful addition to the property or has the property been altered? - Will future changes to the property that the buyer wants to make be legally allowed? - If an inspection reveals lead-based paint, termites, asbestos, or radon, what will happen? - What will occur if the property is found to contain hazardous waste? - If the closing fails to take place, what happens? What are the legal consequences? What happens to the earnest money and down payment? - Will the down payment be held in an escrow account? Will a lawyer oversee the escrow account? What are the escrow instructions and are they appropriate? Does closing depend on the buyer getting financing? Is the condition appropriate for this sale? Most buyers need to finance most of the purchase price for a home with a mortgage. The purchase agreement should include a carefully worded condition that the purchase agreement is contingent upon the buyer obtaining financing. Title Search Once a purchase agreement is signed, it is appropriate to determine the title for the property. It is important that both the buyer and the financial institution offering to finance are satisfied with the [results of the title search](https://www.odekirklaw.com/search-results-page/). It is also important to ensure that the legal description is accurate and that there are no issues with prior or adjoining owners. Review of the title and ensuring the accuracy of the legal description can be confusing which is why you need a real estate lawyer. They can help determine if there are any exceptions to the title or whether there are potential problems. Zoning A real estate lawyer can also ensure that you are aware of any zoning issues. The title search does not include any zoning information. If there are future for improvement, the real estate lawyer in Illinois can help determine whether any zoning ordinances would be violated. Closing Even the finish line can be problematic. All closing papers must be prepared, as well as the sale transaction. A real estate lawyer can help a buyer or seller with all the closing paperwork and ensure that everything is appropriate and properly executed. It is also helpful to have a real estate lawyer present just in case any last-minute disputes arise. If other parties involved have a lawyer present and you are without one, your interests could be unprotected. As you can see, there are many reasons why you need a real estate lawyer in Illinois, so make sure your interests are protected during one of biggest events in your life. At O’Dekirk, Allred & Associates in Joliet, we want to make sure that the [buying or selling of your home](https://www.odekirklaw.com/buying-a-first-home-or-selling-an-investment-property/) is a positive experience. Let us guide you through the process and provide peace of mind. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Are You Considering Divorce?](https://www.odekirklaw.com/considering-divorce/) **Published:** July 3, 2016 **Author:** O'Dekirk Law **Content:** [![Are You Considering Divorce ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/considering-divorce-300x200.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/considering-divorce.jpg)Are you considering [divorce in Illinois? ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)If you are, there are many things you will need to think about as you make this life-changing decision to end your marriage. At [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), we know that one of the most important considerations for you is how your divorce will affect your children. That often depends on the reasons you are considering divorce and the emotional well-being of your children. Depending on how you handle the [divorce proceedings,](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) many children can understand why the divorce is necessary and with help can come to accept it. For other children, divorce can be a troubling event that stays with them for a long time. You know your children, the situation, and the right way to handle it so that you can make the best personal decisions that affect your whole family. Some couples who are considering divorce feel that it would reflect as a failure and a bad example to the children. They believe that sticking it out shows their children that you don’t give up, and you work through bad situations. On the other hand, many couples feel that staying in a marriage that has troubles is not a good choice for the children and that showing them that seeking personal happiness is a lesson that will serve them well. While some children are heart-broken, many others are relieved that the conflict with their parents is over. In today’s world, many parents are [divorced, ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)and most children have friends who have successfully transitioned from their parents’ divorce. According to Illinois, [grounds for divorce](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) are simplified and may only be attributed to irreconcilable differences. This is important because a spouse does not need to establish fault, such as their spouse committing adultery, to file for a [divorce and the reasons](https://www.odekirklaw.com/reasons-to-get-a-divorce-attorney/) a couple is getting divorced have little to no effect on the process or outcome. So, whether a parent decides to stay in a marriage for the children’s sake or not depends on the benefits they will receive from the divorce, as compared to the negative impact that will result from the decision to divorce. This takes into account so many personal decisions and concerns that only you will be able to weigh. Some considerations are the guilt the parents feel from the child not having both parents living under the same roof, the uncertainty of being a single parent when the marriage is over, as well as how financially secure you will be. All of these concerns play into each person’s decision when it comes to divorce. Of course, these are all very personal decisions. You may want to seek help in making this critical decision. You also may want to consult your [financial advisor about how a divorce will affect your financial situation.](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) A [free consultation from O’Dekirk, Allred & Associates](https://www.odekirklaw.com/contact-odekirk-allred-associates.html) can provide information and guidance if you are considering a divorce. We know how important it is that you discuss the personal issues, financial concerns, and your family considerations before you take the final step toward divorce. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [How does bail work?](https://www.odekirklaw.com/how-does-bail-work/) **Published:** February 11, 2020 **Author:** O'Dekirk Law **Content:** Once you’re arrested, posting bail is the quickest way you can get out of jail as you await your trial. Bail is a bond, cash, or property that you give the court to ensure you’ll appear in court when ordered. Unfortunately, bail is only granted to you if you aren’t a flight risk. For instance, if you have family in your region, are employed, and have a little or no previous [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/), your chances of getting bail are higher. Additionally, there are some bail conditions of release you must adhere to, and failure to do so can result in re-arrest. O’Dekirk, Allred, and Associates, LLC, is a [criminal attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) that can help you with your bail. Contact us today for more information about posting bail. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Have you been contacted by DCFS?](https://www.odekirklaw.com/have-you-been-contacted-by-dcfs/) **Published:** February 26, 2020 **Author:** O'Dekirk Law **Content:** The Department of Children and Family Services (DCFS) are duty-bound to investigate claims of abuse or neglect. These allegations can be reported by a variety of sources such as a teacher, neighbor, or even a family member. No matter the substance or truth of such allegations, it’s vital to make sure you have legal advice from attorneys who are well-versed and highly experienced in dealing with such fraught situations. If such allegations have been made against you, you’ll want to know that the lawyers standing beside you are experts in handling such matters. This is certainly true of our O’Dekirk, Allred and Associates family. We’re a [real estate](https://www.odekirklaw.com/real-estate/) and criminal attorney firm based here in Joliet and can be reached by calling 815-306-4864. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [You've been arrested, what next?](https://www.odekirklaw.com/youve-been-arrested-what-next/) **Published:** March 5, 2020 **Author:** O'Dekirk Law **Content:** If you or your loved one have been [arrested](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) for a criminal charge, it’s vital to take the necessary steps to protect yourself. First, you need to call a [criminal attorney](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) right away before speaking to the police because you may incriminate yourself. Second, you have a right to [remain silent](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). Thus, it’s advisable to wait for your lawyer to arrive to get adequate representation. However, you can tell your police officers basic information like your name, address, and birth date. Lastly, ensure you call your family members or friends to inform them of your arrest. If you’re looking for a [criminal attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) today, contact O’Dekirk, Allred & Associates to discuss your options. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [A fresh start for a new year](https://www.odekirklaw.com/a-fresh-start-for-a-new-year/) **Published:** December 23, 2019 **Author:** O'Dekirk Law **Content:** You want to face the year ahead with confidence, especially if you are trying to get your life back on track. It would be a great help to your prospects if you could have an arrest record from the past either expunged or sealed by the court. This can be achieved even if you pleaded guilty to the offense with which you were charged. Achieving an expungement can be of great advantage when you are seeking out future employment possibilities. However, it’s important to get up-front legal advice because not all [records can be expunged](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). So, the best course of action is to call 815-740-1700 and speak about your specific situation to a [criminal attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) here at O’Dekirk, Allred and Associates ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [We know paternity can be testing](https://www.odekirklaw.com/we-know-paternity-can-be-testing/) **Published:** April 14, 2020 **Author:** O'Dekirk Law **Content:** This can be a tricky, and certainly emotive, area. The aim should surely be to establish the best possible bond between any child and both of their parents – but we appreciate it is not always as simple as that. The issue of [paternity](https://www.odekirklaw.com/family-law/paternity/) can certainly be fraught to deal with. You might be aiming to establish a [child’s paternity](https://www.odekirklaw.com/family-law/paternity/) or parentage for a variety of reasons; often including vital matters of [support and custody](https://www.odekirklaw.com/family-law/child-support-and-maintenance/). Whether a mother or potential father in a paternity situation, it pays to consult experienced experts in this difficult area of law. If this is you, call 815-306-4864 and speak to one of our O’Dekirk, Allred and Associates team for a free initial consultation. We are a team of hugely experienced family, criminal and [real estate](https://www.odekirklaw.com/real-estate/) law attorneys. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Welcome To Attorney Haley Graf](https://www.odekirklaw.com/welcome-to-attorney-haley-graf/) **Published:** March 3, 2021 **Author:** O'Dekirk Law **Content:** O’Dekirk, Allred & Associates, LLC is proud to welcome Attorney Hayley Graf to our firm! Hayley is a lifelong resident of Will County and a first-generation attorney in her family. She graduated from the University of Illinois Urbana-Champaign in 2017 with a Bachelor of Science in Human Development and Family Studies. She graduated with the high distinction of Magna Cum Laude. Throughout her time at the University of Illinois, Hayley was a member of the Pre-Law Honors Society and was awarded Outstanding Senior in Human Development and Family Studies in 2017. After graduating from the University of Illinois, Hayley worked as an intern at O’Dekirk, Allred & Associates, where she assisted in [real estate](https://www.odekirklaw.com/real-estate/) and family law matters. This time at the firm further solidified her desire to pursue a legal education. Hayley began [law school at DePaul University College of Law in 2017](https://www.odekirklaw.com/27-new-laws-illinois-2017/). Throughout law school, Hayley was active in academic life and was awarded various distinctions and honors along the way. Upon entering law school, Hayley was the recipient of the Schiller, DuCanto & Fleck Family Law Fellowship. She was also a student worker for the Schiller, DuCanto & Fleck Family Law Center throughout law school. In her second year at DePaul, Hayley served as a Teaching Assistant for the family law section of the Legal Analysis, Research, and Communications course offered to first-year law students. She was also an active member of the DePaul Advocates Program throughout law school, as well as a member of Phi Alpha Delta Honor Society. During law school, Hayley participated in the Will County Judicial Externship Program, where she clerked for judges in both the civil and criminal sectors. She also worked as a Law Clerk for a personal injury [law firm](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) in Chicago, where she bolstered her experience in drafting and researching civil matters. She also gained experience facilitating focus groups and preparing trial materials. Hayley graduated in the top 5% of her class at DePaul University College of Law in 2020. She graduated with the highest distinction of Summa Cum Laude, Order of the Coif, and received numerous CALI Awards throughout her law school career for earning the highest grade in individual classes. Among those, she is most proud of the CALI Awards she received in Family Law, Real Estate Transactions, Legal Drafting, and Trial Advocacy. After graduating from DePaul, Hayley found her home back at O’Dekirk, Allred & Associates. She passed the bar exam in 2020 and was admitted to the Illinois Bar in 2021. Welcome, Hayley! ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Has DCFS contacted you](https://www.odekirklaw.com/has-dcfs-contacted-you/) **Published:** March 4, 2021 **Author:** O'Dekirk Law **Content:** The Department of Children and Family Services ([DCFS](https://www.odekirklaw.com/dcfs-family-services/)) are duty-bound to investigate claims of abuse or neglect. These allegations can be reported by a variety of sources such as a teacher, neighbor, or even a family member. No matter the substance or truth of such allegations, it’s vital to make sure you have legal advice from [attorneys](https://www.odekirklaw.com/dcfs-family-services/) who are well-versed and highly experienced in dealing with such fraught situations. If such allegations have been made against you, you’ll want to know that the [lawyers](https://www.odekirklaw.com/dcfs-family-services/) standing beside you are experts in handling such matters. This is certainly true of our O’Dekirk, Allred and Associates family. We’re a [real estate](https://www.odekirklaw.com/real-estate/) and criminal attorney firm based here in Joliet, call us today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Legal issues and COVID-19/Coronavirus](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) **Published:** March 25, 2020 **Author:** O'Dekirk Law **Content:** Information about and the impact of COVID-19 or Coronavirus is evolving on a daily basis. The legal industry is besieged with how COVID-19 plays a role in legal services. We have heard from a number of clients with questions and concerns as to how it could impact their real estate transactions, criminal proceedings, and family. With so little time to address issues, you may need help before you realize it. Our [real estate](https://www.odekirklaw.com/real-estate/) attorneys in Joliet are prepared to ensure your interests are protected against potential COVID-19 events. Please contact your principal attorney or / review our entire directory of attorneys who are ready to provide immediate assistance. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Understanding Felony vs. Misdemeanor Charges in Illinois](https://www.odekirklaw.com/understanding-felony-vs-misdemeanor-charges-in-illinois/) **Published:** November 9, 2025 **Author:** O'Dekirk Law **Excerpt:** Felony vs misdemeanor charges in Illinois explained: classes, penalties, factors, sentencing, and record relief—local guidance from Joliet defense attorneys. **Content:** If you or a loved one was arrested in Joliet or nearby Manteno, Wilmington, or Morris, the first question you probably have is what the charge actually means for your life. We wrote this guide to make the differences between felonies and misdemeanors clear, so you can make smart decisions right now. At O’dekirk Allred & Rhodes, LLC in Joliet, we’ve handled thousands of cases across Will and surrounding counties, and we know how Illinois law plays out in local courtrooms. ## Key Takeaways - Understand felony vs. misdemeanor charges in Illinois: misdemeanors (Classes A–C) carry up to 364 days in county jail, while felonies (Class 4–X and higher) mean 1–30+ years in state prison and different court venues. - Aggravating factors—weapons, serious injury, protected victims, or school zones—can raise a charge’s class, turn a misdemeanor into a felony, and trigger mandatory minimums. - Felony vs. misdemeanor charges in Illinois follow different procedures: misdemeanors go straight to arraignment, while felonies need a preliminary hearing or grand jury indictment first. - Sentencing depends on offense class and history, with options like probation, conditional discharge, court supervision, diversion, and custody credits that can reduce time if convicted. - Charge level often turns on facts: retail theft value and priors, DUI aggravators and license consequences, battery vs. aggravated battery, and [drug possession](https://www.odekirklaw.com/defending-drug-possession-charges-in-illinois/) vs. delivery or school-zone enhancements. - Collateral consequences are significant—firearms rights, immigration, employment, housing, licenses, and driving—so pursue expungement, sealing, or certificates when eligible after completing all case terms. ## How Illinois Classifies Crimes Illinois divides crimes into [misdemeanors and felonies](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). The label affects where a case is heard, potential jail or prison time, and long-term consequences like employment and licensing. ### Misdemeanor Classes (A, B, C) Misdemeanors are less serious than felonies but still carry real penalties and a record. - Class A: Up to 364 days in county jail and up to a $2,500 fine. - Class B: Up to 6 months in jail and up to a $1,500 fine. - Class C: Up to 30 days in jail and up to a $1,500 fine. Many misdemeanors in Joliet and throughout Will County resolve with court supervision or probation, but every case turns on facts and history. ### Felony Classes (1–4, X, and First-Degree Murder) Felonies are more serious and punishable by a year or more in state prison. - Class X: 6 to 30 years in prison. No probation in most cases. - Class 1: 4 to 15 years. - Class 2: 3 to 7 years. - Class 3: 2 to 5 years. - Class 4: 1 to 3 years. - First-degree murder is in its own category with harsher ranges set by statute. Some felonies can still qualify for probation depending on the charge, history, and any statutory restrictions. ### What “Aggravated” Means Under Illinois Law Aggravating factors raise the level of a crime because of how it happened or who was involved. Common examples include: - Use or possession of a weapon - Serious bodily injury or great bodily harm - Victim status, such as police, teachers, or seniors - Location, like near a school or in a protected zone An aggravated [charge can turn a misdemeanor](https://www.odekirklaw.com/charged-with-misdemeanor/) into a felony or move a felony to a higher class. ## Penalties And Sentencing Ranges Sentences in Illinois depend on the class of offense, prior record, and specific statutes. Judges also consider mitigation and aggravation. In Will County and nearby Grundy and Kankakee counties, we see courts take these factors seriously, especially on repeat DUI and retail theft cases. ### Jail vs. Prison And Custody Credits - Jail is local custody, usually for misdemeanors. In Joliet, that means the Will County Adult Detention Facility. - Prison is state custody for felonies. - You receive credit for each day spent in pretrial custody. That credit can reduce a final sentence if you are convicted. ### Fines, Restitution, And Court Costs - Fines are set by statute and vary by class. - Restitution compensates victims for losses and can be ordered in both misdemeanor and felony cases. - Court costs and assessments apply in nearly every case and can add up. ### Probation, Conditional Discharge, And Court Supervision - Probation: Community-based sentence with conditions like treatment, drug testing, or community service. Violations can lead to resentencing. - Conditional Discharge: Similar to probation but with fewer reporting requirements. - Court Supervision: Available in many misdemeanors and some traffic cases. If you complete it successfully, there is no conviction entered. ### Extended-Term, Consecutive, And Mandatory Minimum Sentences - Extended-term sentences apply in certain repeat or serious cases and raise the range above the standard class. - Consecutive sentences are served one after the other when required by law or ordered by the judge. - Mandatory minimums limit a judge’s discretion. Some aggravated offenses and firearm cases carry mandatory time. Because these rules can overlap, sentencing strategy is often the heart of the defense. We build that strategy early at O’dekirk Allred & Rhodes, LLC so we can protect options if the case does not dismiss. ## Collateral Consequences That Matter The legal penalty is only part of the picture. Felonies and many misdemeanors come with collateral consequences that affect day-to-day life across Joliet, Manteno, Wilmington, and Morris. ### Civil Rights, Firearms, And Voting - Felonies can restrict firearm ownership under state and federal law. - Voting rights are restored after release from prison in Illinois, but people often need guidance on how to re-register. ### Immigration, Housing, And Employment Impacts - Any conviction can trigger immigration issues. Drug and domestic cases are especially sensitive. - Landlords and employers run background checks. Theft, violence, and drug convictions can lead to denials. - Public housing and certain benefits can be affected by felony convictions. ### Professional Licenses And Driving Privileges - Nurses, teachers, real estate brokers, and other licensed professionals must report certain arrests and convictions to their boards. - DUI and some drug offenses can cause license suspensions or revocations. Getting a Restricted Driving Permit or reinstatement often requires careful preparation and a hearing with the Secretary of State. ## From Charge To Resolution: The Court Process Understanding the path your case might take helps you plan next steps and avoid mistakes. ### Arrest, Charging, And First Appearance - Police make the arrest or issue a notice to appear. - The State’s Attorney files charges. - Your first appearance covers bond and next court dates. In Will County, this happens at the courthouse in Joliet. ### Misdemeanor vs. Felony Pathways (Preliminary Hearing, Grand Jury, Arraignment) - Misdemeanors usually move straight to arraignment where you enter a plea and receive discovery. - Felonies require probable cause through a preliminary hearing or a grand jury indictment before arraignment in circuit court. ### Motions, Plea Negotiations, Diversion, And Trial - Motions can suppress evidence or dismiss charges. - Plea talks consider sentencing ranges, immigration effects, and collateral issues. - Diversion programs or specialty courts may be available in select cases. - Trial by judge or jury is your right. We prepare for trial even while negotiating, which often improves outcomes. In the middle of a case, that preparation and local experience are where O’dekirk Allred & Rhodes, LLC can make a real difference. ## Common Offenses And What Makes Them A Felony Or Misdemeanor Illinois law ties the level of the offense to value, prior history, location, or specific conduct. ### Theft And Retail Theft: Value Thresholds And Prior Convictions - Retail theft under about $300 to $500 is usually a misdemeanor, depending on the statute used and any priors. - Higher values or repeat offenses can be charged as felonies. - Using a device to defeat security, or acting with others, can raise the charge. ### DUI: Aggravating Factors And License Consequences - First-time DUI is commonly a misdemeanor, but aggravating factors turn it into a felony. Examples include prior DUIs, a crash with injury, or driving without a valid license or insurance. - Expect driver’s license consequences separate from the criminal case. These include statutory summary suspensions and possible revocations. Hearings for relief are held through the Secretary of State. ### Battery vs. Aggravated Battery: Domestic Battery Considerations - Simple battery is often a misdemeanor. - Aggravated battery becomes a felony when there is serious injury, use of a weapon, or a protected victim like police or medical staff. - Domestic battery has unique rules. A second offense can be a felony. Orders of protection and firearm restrictions can also apply. ### Drug Possession vs. Delivery And Drug-Free Zone Enhancements - Possession of small amounts can be a misdemeanor or lower-level felony depending on the substance and weight. - Intent to deliver, actual delivery, or possession near a school or park increases the class and potential prison time. If your case started in Joliet but the incident happened in Wilmington or Morris, venue can still be proper in Will or Grundy County. We track these details because they affect which court and which judge will hear your case. ## Record Relief In Illinois: Expungement And Sealing Clearing your record is often the most important step after a case ends. Illinois allows both expungement and sealing, but the rules differ. ### Eligibility Differences For Misdemeanors And Felonies - Many misdemeanor cases that end in supervision and are completed successfully can be expunged. - Some felony convictions can be sealed after waiting periods, but expungement of felony convictions is limited. - Certain violent, sexual, and domestic offenses are not eligible for expungement or sealing. ### Waiting Periods, Disqualifiers, And Certificates Of Relief - Waiting periods depend on the outcome and the statute used. You must complete all terms first, including fines and restitution. - A new arrest can delay or block relief. - Certificates of Relief from Disabilities or Good Conduct can help with employment and licensing even when sealing is not available. ### How The Petition Process Works And What To Expect - We gather case numbers and outcomes, pull your statewide RAP sheet, and identify what is eligible. - We file petitions in the proper county, serve the State’s Attorney and agencies, and handle objections. - A hearing may be set. Judges review the [law and your progress since the case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/). In Joliet, that means appearing at the Will County courthouse. We also handle petitions for clients in Manteno, Wilmington, and Morris as needed. ## Conclusion Felony vs. misdemeanor charges in Illinois are more than labels. They shape risk, options, and your future. If you are facing charges in Joliet or the surrounding communities of Manteno, Wilmington, or Morris, we are ready to help. At O’dekirk Allred & Rhodes, LLC, many of our [attorneys are former prosecutors with deep experience in local](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) courts. Call us to set a confidential consultation. Let’s protect your record, your license, and your next step. ## Frequently Asked Questions ### What is the difference between felony vs. misdemeanor charges in Illinois? In Illinois, misdemeanors are less serious and typically handled in county court, with possible jail up to 364 days. Felonies are more serious, heard in circuit court, and carry 1 year or more in state prison. The label affects sentencing, probation eligibility, and long-term consequences like jobs and licenses. ### What does “aggravated” mean under Illinois law? Aggravating factors increase the severity or class of a charge based on circumstances. Common factors include using a weapon, causing serious bodily harm, targeting protected victims (police, teachers, seniors), or certain locations (near schools). An aggravated [charge can elevate a misdemeanor](https://www.odekirklaw.com/charged-with-misdemeanor/) to a felony or bump a felony to a higher class. ### How do jail vs. prison and sentencing ranges work for felony vs misdemeanor charges in Illinois? Misdemeanors generally involve county jail; felonies involve state prison. Sentencing ranges depend on offense class, prior record, and statutes. For example, Class A misdemeanors allow up to 364 days in jail, while felonies range from Class 4 (1–3 years) to Class X (6–30 years). Credits apply for pretrial custody. ### Can I expunge or seal a misdemeanor or felony in Illinois? Many misdemeanors resulting in completed court supervision are eligible for expungement. Some felony convictions can be sealed after waiting periods, but expunging felony convictions is very limited. Certain violent, sexual, and domestic offenses are excluded. You must finish all terms, and new arrests can delay or block relief. ### Do first-time offenders go to jail for misdemeanors in Illinois? Jail is possible, but many first-time misdemeanor cases resolve with court supervision, conditional discharge, or probation, especially when there’s minimal harm and strong mitigation. Outcomes vary by class (A, B, C), facts, and history. A lawyer can pursue supervision to avoid a conviction and limit collateral consequences. ### How long does a felony stay on your record in Illinois? Felony convictions generally remain on your record permanently. Some felonies may be eligible for sealing after statutory waiting periods, which restrict public access but don’t erase the record. Expungement of felony convictions is rare. Background checks by employers or landlords may still see sealed records in limited circumstances. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Criminal Defense Attorney --- ### [A driving force to get your license back](https://www.odekirklaw.com/a-driving-force-to-get-your-license-back/) **Published:** December 17, 2019 **Author:** O'Dekirk Law **Content:** A somber truth: once the State of Illinois revokes a driver’s license, the privileges are not automatically reinstated after a set period. To obtain a restricted permit and then regain a full driver’s license, there’s a process to be followed. There will involve the scheduling of an administrative hearing with the Secretary of State and the presentation of your case to a Hearing Officer. To make the best of such an important opportunity, effective preparation is vital, including an understanding of the questions that may well be asked. To ensure you are well prepared, it makes sense to talk to one of our hugely [experienced criminal attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) here at O’Dekirk, Allred and Associates, LLC. Call now on 815-740-1700… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Defining Illinois Law on Domestic Violence and Orders of Protection](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) **Published:** February 10, 2019 **Author:** O'Dekirk Law **Content:** [![Defining Illinois Law on Domestic Violence and Orders of Protection ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/gavel-568417_640-300x204.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/gavel-568417_640.jpg)[O’Dekirk Allred and Associates in Joliet](https://www.odekirklaw.com) knows how important it is that you understand domestic violence and orders of protection in Illinois. If you are involved in a case involving these issues, we can help whether you’re facing a threatening situation or have an order of protection filed against you. During an initial consultation with us, we’ll help you understand the laws surrounding domestic violence and orders of protection, as well as provide information regarding moving forward with our firm as your legal representation. ##### Legal Definition of Domestic Violence in Illinois The State of Illinois defines the five types of domestic violence as: physical abuse, harassment, intimidation of a dependent, interference with personal liberty, and willful deprivation. Knowing the definitions of each type will help you [understand if your situation](https://www.odekirklaw.com/understanding-a-dui-situation/) may fit one or more of these categories. If you are uncertain, [seeking legal assistance](https://www.odekirklaw.com) is a wise choice both for guidance and help. 1. **Physical abuse:** This includes sexual abuse, physical abuse, confinement, and restraint. Physical abuse also encompasses actions that create a risk of physical and immediate harm as well as unnecessary, repeated, and purposeful sleep deprivation. 2. **Harassment:** Necessary behavior that results in emotional distress such as creating a disturbance, repeated phone calls, following you, and keeping you under surveillance. Harassment can occur at your home, work, or school. Other types of harassment include threatening, confinement, or restraining you. Hiding your child or threatening to take your child away can also be a form of harassment. If someone is accused of doing this, but was fleeing from a domestically violent situation, there is an exception for such a circumstance. 3. **Intimidating a dependent:** If an abuser forces a dependent to participate in or watch physical force, confinement, or restraint of another person, this is considered to be intimidation of a dependent. 4. **Interfering with personal freedom:** Forcing you, by threatening intimidation, violence, suicide, deprivation, or restraint, to do something you don’t want or not allowing you to do something you have a right to do. 5. **Purposeful deprivation:** Putting a person at risk of emotional, physical, or mental harm by willfully denying medical care, shelter, food, medication, or other necessary help. ##### Orders of Protection If you or a loved one is experiencing domestic violence, there are several types of protection orders available. [Orders of protection](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html) provide a legal safeguard from a household or family member who has committed domestic violence against you or a minor or dependent. Seek legal advice if you are uncertain which type you should pursue or if you need assistance. **Emergency Orders** Emergency orders can be given by a judge based on just your testimony. In most situations, the abuser does not get any prior notice and is not required to be present in court for the order to be granted. These are granted if the harm you are trying to prevent would be likely to occur if the abuser were notified. To get an abuser out of your shared home, the judge must believe that the hardship to the abuser is outweighed by the immediate danger to you. The emergency order can allow you to obtain your personal property, if you have an immediate and pressing need, as part of this order or if the judge believes the abuser would likely get rid of the property once he or she discovered you were asking for it. Emergency orders can be filed on weekends, holidays, or even at night. The emergency order remains in effect until you can have a full hearing, often in 14-21 days, for a plenary order. **Interim Orders** A full court hearing is not required for an interim order to be granted; however, the abuser must be notified of your court hearing date and the abuser or his or her lawyer must have made an appearance before the court. Interim orders can last for up to 30 days and are often used to fill the time between your emergency order and a plenary order. **Plenary Orders** This type of order is good for up to two years and can be renewed as many times as is needed. A court hearing where both you and the abuser have an opportunity to present evidence is required. It is a good idea to have a lawyer present at plenary hearings, particularly if you suspect the abuser will bring a lawyer. Our lawyers here at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html) have represented both sides of plenary orders and are ready to take on your case. ##### Common Questions About Domestic Violence and Orders of Protection **Can an advocate come to court with me for support?** In most cases, victims of abuse can use a domestic abuse advocate or lawyer to help you prepare your petition and you may have an advocate with you in court to confer with during your court hearing unless the judge does not allow it. **In which county am I allowed to file a [protection order](https://www.odekirklaw.com/family-law/orders-of-protection/)?** You may file for a [protection order](https://www.odekirklaw.com/do-you-need-a-lawyer-for-an-order-of-protection/) in the county you reside in, the county where the abuser resides, the county where the abuse took place or even where you are temporarily located. Filing in your temporary county is allowed if you left your home to avoid additional abuse and could not obtain safe temporary housing in the county of your residence. If you are requesting the abuser be removed from your residence as part of your protection order, you can only file in the county of the residence or in a neighboring county or you must meet one of the following exceptions: you are filing for divorce and the [order of protection](https://www.odekirklaw.com/order-of-protection-family-law-attorney-joliet-il.html); you have fled the county to avoid abuse and can only qualify for exclusive possession as part of an emergency order of protection. Understanding the laws about domestic violence and orders of protection in Illinois can help you navigate your situation and ensure the best possible outcome. If you find yourself on either side of a domestic violence case and need legal assistance, advice, or support, contact [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/contact-odekirk-allred-associates.html). We offer free consultations and if needed, thorough representation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do I need a DUI attorney?](https://www.odekirklaw.com/do-i-need-a-dui-attorney/) **Published:** July 16, 2019 **Author:** O'Dekirk Law **Content:** When charged with a DUI or DWI, it’s possible to represent yourself in court proceedings instead of seeking a criminal attorney to represent you. While this option may seem preferable in comparison to entrusting your situation to a law firm, DUI charges can be complicated, and without legal counsel, many people are unaware of their rights and the intricacies involved in building and presenting a strong case. The stakes are incredibly high in a DUI case and can affect your insurance, your job, your independence, your finances, and so much more. With so much on the line, seeking a [criminal attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) can be crucial to getting you the best possible outcome for your specific circumstances. Do you need representation for DUI charges? If you’re in the Joliet, Illinois area, contact O’Dekirk, Allred, and Associates to help you navigate the legal process. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Your criminal attorney choice matters](https://www.odekirklaw.com/your-criminal-attorney-choice-matters/) **Published:** July 24, 2019 **Author:** O'Dekirk Law **Content:** Criminal convictions often have long-lasting consequences on a person’s life. If you or someone you care for has been arrested, finding the right criminal attorney as soon as possible is crucial. Your attorney will have a significant impact on the outcome of your case and your experience during it. To begin your attorney search, ask around. Someone you know may have personal experience with [criminal law](https://www.odekirklaw.com/criminal-law-joliet/) firms in your area. Research [local attorneys](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) on the Internet and check their levels of experience, firm reviews and other feedback sources before you decide. The professional team at O’Dekirk, Allred and Associates, LLC has successfully handled many types of [criminal cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/). Contact us today for [experienced representation to protect](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) your rights. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Sirens in the rearview: what should i do?](https://www.odekirklaw.com/sirens-in-the-rearview-what-should-i-do/) **Published:** August 9, 2019 **Author:** O'Dekirk Law **Content:** If you’re driving and you find that a police officer is signaling you to pull over, here’s what you should do: Indicate to the officer that you see them by using your hazard lights or turn signal. Pull over to the shoulder of the road or another safe place. Turn the vehicle off and stay sitting with your hands on the steering wheel. Roll down the window and stay calm. When asked, provide your car registration, [driver’s license,](https://www.odekirklaw.com/drivers-license-reinstatement/) and insurance card without any sudden movements. If you are carrying a gun, let the officer know and be prepared to show your FOID card if necessary. Be polite, be direct, and be brief when speaking with the officer and if you should run into any [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) contact O’Dekirk, Allred & Associates, LLC at 815-740-1700 for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [If you are ever contacted by DCFS](https://www.odekirklaw.com/if-you-are-ever-contacted-by-dcfs/) **Published:** August 22, 2019 **Author:** O'Dekirk Law **Content:** The Department of Children and Family Services investigates complaints made to them regarding child abuse or neglect. This might have been through a report from a teacher, an anxious neighbor, or even a family member. No matter how unfounded parents believe such a complaint to be, it’s imperative to take advice from professionals who have a thorough knowledge of the processes followed in such cases. Each DCFS case is as unique as it can be complex, so you need experience by your side as you deal with such accusations. O’DEKIRK, ALLRED & ASSOCIATES, LLC have much experience in such matters, as well as being [criminal and real estate attorneys](https://www.odekirklaw.com/hiring-a-criminal-attorney/) Joliet, Illinois based. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How a criminal attorney can help you](https://www.odekirklaw.com/how-a-criminal-attorney-can-help-you/) **Published:** September 4, 2019 **Author:** O'Dekirk Law **Content:** A criminal attorney is an expert who deals with issues surrounding criminal investigation, charges, sentencing, arrest, and appeals. If a hefty fine or long jail term is staring at you, then it is prudent to hire an experienced criminal attorney. Below is how a criminal attorney can help you. Negotiate your plea A competent criminal attorney can negotiate your plea with the prosecution team. This can help eliminate some charges levied against you. Prove that your [case lacks criminal](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) intent Many people get [arrested for mistakes](https://www.odekirklaw.com/top-mistakes-to-avoid-after-being-arrested/) they made to protect themselves. A good [criminal lawyer](https://www.odekirklaw.com/need-criminal-defense-lawyer-illinois/) can prove to the jury that the criminal offense was made under a reasonable mistake of fact. Uncover police misconduct Some [police usually commit misconduct during their initial investigations](https://www.odekirklaw.com/your-rights-during-a-police-investigation/). For instance, the police can coerce some witnesses to provide false testimony. A good criminal attorney can help uncover police misconduct. Are you searching for a competent criminal attorney? If yes, then give us a call. Our experienced criminal attorney will work around the clock to ensure that all criminal charges levied against you are dropped or help you get a reduced jail term. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Juvenile Court](https://www.odekirklaw.com/juvenile-court/) **Published:** March 11, 2021 **Author:** O'Dekirk Law **Content:** Any [criminal](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) case is a traumatic, anxious, even frightening, experience for those involved – and this is heightened when it involves a [juvenile](https://www.odekirklaw.com/criminal-defense/juvenile-cases/). With a son or daughter facing [criminal charges](https://www.odekirklaw.com/criminal-defense/juvenile-cases/), both they and their immediate family are in the spotlight, and find themselves involved in a process of which they almost certainly have no prior experience. It’s vital to have the services of an [attorney](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) well-schooled in Juvenile Court proceedings; experts who have extensive knowledge of the nuances of juvenile law, and both the court procedures and possible penalties for the offenses being tried. In such circumstances, the experience in [representing juveniles of the criminal](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) attorneys who form a key part of our team at O’Dekirk, Allred and Associates, LLC has often proved utterly vital. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [3 things you need to know about juvenile cases](https://www.odekirklaw.com/3-things-you-need-to-know-about-juvenile-cases/) **Published:** September 15, 2022 **Author:** O'Dekirk Law **Content:** The justice system doesn’t treat [juvenile crimes](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) the same as adult crimes. Therefore, understanding what to expect when your minor commits a crime can make the process less daunting. You can also hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) to guide you through the [juvenile case](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) process. Here are three things you need to know about juvenile cases. 1. The court can charge your child as an adult under certain circumstances. 2. Your child may be eligible for a special disposition, also known as a consent decree. 3. Your child has a right to speak to a criminal attorney. Our team at O’Derkirk, Allred, and Associates can represent your minor in a [juvenile case](https://www.odekirklaw.com/criminal-defense/juvenile-cases/). Contact us today to learn more about juvenile cases. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### ['A black mark follows me'](https://www.odekirklaw.com/a-black-mark-follows-me/) **Published:** October 30, 2020 **Author:** O'Dekirk Law **Content:** This is a line from a classic country song that talks about being released from jail. Other lines include ‘They won’t let my story go untold’. These words highlight the after-effects of being found guilty of a felony and being sent to prison. Such an experience can have a hugely detrimental effect on your life, and specifically, your future prospects of employment. That’s why it’s so vital to gain the best-possible legal representation; [lawyers](https://www.odekirklaw.com/criminal-defense/) who really know what they are talking about. All of the [criminal](https://www.odekirklaw.com/criminal-defense/) [attorneys](https://www.odekirklaw.com/criminal-defense/) here at O’Dekirk, Allred and Associates, LLC were prosecutors in a former life. This means your [case will be reviewed with an experienced](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) eye. So, if that’s what you need, contact us without delay. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Search and seizure laws](https://www.odekirklaw.com/search-and-seizure-laws/) **Published:** February 4, 2021 **Author:** O'Dekirk Law **Content:** As a defendant, you may be subject to unreasonable search and seizure by law enforcement. This means a police officer violated your privacy rights by searching your items and belongings without probable cause and no warrant. In such cases, a criminal attorney can help you find a constitutional remedy. The exclusionary rule is one remedy that applies to unreasonable search and seizure. This way, any evidence collected in such a manner won’t be introduced in court. Additionally, you can’t sue the law enforcement officer that conducts the unreasonable search and seizure due to qualified immunity that protects government employees. O’Dekirk Law is happy to help you with your [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) by providing you with the best criminal attorney. Contact us today to get qualified attorneys. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [When it's over, it's not really over](https://www.odekirklaw.com/when-its-over-its-not-really-over/) **Published:** October 4, 2019 **Author:** O'Dekirk Law **Content:** We’re talking of divorce here. Often people talk as if the day a divorce judgement is handed down is the end of a relationship. Often, it may be, but not, for example, when there are children involved in the equation. Sadly, disputes involving their off-spring can still arise between a divorced couple. These can be financially-based, about visitation rights, or when life circumstances change substantially over even a short period of time. Sometimes, disputes can also arise over a youngster’s education or a health problem. In these, and many other post-divorce situations, it’s [vital to have an experienced attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) ready and primed to fight your corner. O’DEKIRK, ALLRED & ASSOCIATES, LLC, based in both Joliet and Wilmington offer such help, as well as delivering many other [criminal and real estate attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) services… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Need Family Law Lawyers --- ### [Should I agree to a prenup?](https://www.odekirklaw.com/should-i-agree-to-a-prenup/) **Published:** October 10, 2019 **Author:** O'Dekirk Law **Content:** It’s a question our team is sometimes asked, and it’s such a difficult one to answer. The reason being – we appreciate it’s a very personal decision. What we can do, is offer a full description of what a prenup is and how it works. We can talk about some of the reasons why it can be advisable but always appreciate that it is your decision. Should you decide to go ahead with a prenup, then our experts in family law can help with the drafting of it to ensure that your [assets are protected](https://www.odekirklaw.com/protecting-assets-divorce/) should the future eventually lead to dissolution. But we’ll only do that only after we have taken the time to fully [understand your needs and situation](https://www.odekirklaw.com/understanding-a-dui-situation/). If you want to talk about this, our team here at O’Dekirk, Allred and Associates are ready to help. We also offer many other family, [criminal and real estate attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/) services, based in both Joliet and Wilmington ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Understanding New Illinois Child Support Rules 2017](https://www.odekirklaw.com/understanding-effect-new-illinois-child-support-rules-2017/) **Published:** February 24, 2017 **Author:** O'Dekirk Law **Content:** [![Understanding New Illinois Child Support Rules 2017 ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child-300x240.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child.jpg)It’s hard enough dealing with all the legal aspects of [getting divorced](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), but determining child support can be confusing for most people. But just when you think you understand it, on July 1 the child support rules are going to change. If you need help understanding the effect of the new Illinois child support rules in 2017 our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/) can help you figure it all out and represent you as you go through this difficult process. The passage of [Public Act 99-764](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf) will bring some significant changes in [child support](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) obligations for Illinois families. On August 12, 2016, Governor Rauner signed Illinois House Bill (HB) 3982, which amends the Illinois Marriage and Dissolution of Marriage Act ([IMDMA](http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf)). Forty other states and now Illinois have adopted a new model for child support called income-shares. For Illinois, it will become effective on July 1, 2017. **The Income-Shares Model** Let’s take a look at how this new model determines how child support obligations will be decided. The new Illinois child support rules are based on the idea that both parents have a duty to support the children and that the children should receive the same amount of support they would otherwise enjoy if both parents lived in the same house. The purpose of the new rules is to create a state-wide standard of support based on both parents’ ability to pay. The goals are to make awards more equitable, make the court process more efficient, encourage settlements between the [parents, give both parents a responsibility](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) to support the child based on the children’s needs, and decide physical care arrangements of the children in determining child support. For a long time, Illinois-based child support on the noncustodial parent’s net (after tax) income. It was calculated by percentages based on the number of children: 20%, 28%, 32%, etc. But now, starting in July 2017, Illinois child support will be a function of both parents’ incomes, using the income-shares model of calculating it. The Illinois Department of Healthcare and Family Services (IDHS) will be developing worksheets to help in [child support calculations](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html). IDHS will create a table that shows the percentage of combined net income that parents living in the same household normally spend on their children. Using the benchmarks that IDHS will determine, each parent will be allocated a percentage of child support responsibility based on their portion of the combined net income. There are three main factors that will be considered in the new income-shares model. 1. **Basic Child Support Obligation –** As we said, this is based on a combined value of child support owed by both parents together. This is divided proportionally between the parents depending on their individual contribution to the combined household net income. It’s calculated based on state guidelines, the Illinois schedule. 2. **Additional Expenses –** There may be other costs that the court factors in on top of the basic child support obligation. These might be child care costs, extracurricular activities and medical or health insurance expenses. 3. **Parenting Time –** Parenting time for each parent is a part of the new model. This will decide which parent gets child support. But we know that shared parenting situations may lead to some variations when calculating child support based on the new income shares formula. **Child Support Calculations** IDHS is in the process of creating official schedules, worksheets, and formulas to calculate child support obligations. While the specific order of operations for calculating child support hasn’t been finalized yet, there is a general formula: (Basic Child Support Obligation x Percent Contributed to Combined Net Income) + (Additional Expenses x Percent Contributed to Combined Net Income) = **Total Child Support Obligation Per Parent** Here’s an example using the income-shares formula. - Let’s say the parents have combined net income of $30,000 per year. - The father contributes $18,000 and the mother contributes $12,000. - That means the father will likely be responsible for 60% of the *basic child support obligation* and the mother responsible for 40%. Once the new law goes into effect, the Illinois schedule for basic child support obligation will be provided. At this point, we will be able to fully calculate the total child support obligation per parent, along with parenting time and additional expenses, at which point the parent with the greater responsibility pays the difference in support to the other parent. **Parenting Time** Another change to the child support statute that you may be interested in is the codification of [parenting time ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)as a consideration for determining child support. The current benchmark for shared custody is 146 nights or 40% of the time. If both parents have at least 146 nights, the court will now multiply the basic child support obligation by 1.5 and allocate it according to the percentage of overnights per parent. This is a big difference in the way child support obligations will be determined. It’s possible this may add another layer to the child support tussle if parents try to negotiate parenting time as a way to get a more favorable child support obligation amount. This already happens and the new rules may make it even more of a factor in divorce proceedings when children are involved. But there may be some unique situations that do not fit neatly into the formula. For example, how would the calculations work if one parent works days and the other parent works nights and they alternate caregiver functions to save child care costs? In that case, using overnights may not be an effective way to determine the calculations. How that would be handled is not clear. **What’s Next** There are obviously still a lot of unanswered questions. But we’ll have to wait to see what IDHS comes up with before we can fully know how it will affect you. For example, it is still unknown how other expenses for the children will be allocated, such as child care, health insurance, extra-curricular, and school expenses. And we are yet to see the new definitions and clarifications regarding gross and net incomes and determining incomes for self-employed individuals. When the new rules are released, we can tell you with more detail how they will impact child support and parenting time cases. Understanding the effect of the new Illinois Child Support rules in 2017 will be important for families trying to navigate through the legal process of a divorce. If you need help, our attorneys at O’Dekirk, Allred and Associates in Joliet will fight on your behalf. Call for a free initial consultation about your case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Tips on how to identify a good criminal defense attorney](https://www.odekirklaw.com/tips-on-how-to-identify-a-good-criminal-defense-attorney/) **Published:** September 10, 2019 **Author:** O'Dekirk Law **Content:** It is easy to find a criminal attorney, but it is not easy to find one who suits you and your lawsuit. Criminal cases are not easy; a single mistake can land you behind bars. You, therefore, need to hire a reliable criminal defense attorney who understands local laws. Below are tips on how to identify a good criminal defense attorney. Consider experience When it comes to criminal lawsuits, experience is essential. Consider the number of years that the [attorney has practiced as a criminal](https://www.odekirklaw.com/hiring-a-criminal-attorney/) lawyer. Also, consider the number of [criminal cases](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) that the lawyer has handled and his/her success rate. Consider the attorney’s investigative and analytical skills A good criminal attorney should know where to look for information. Good research and investigation will help build a strong defense. The attorney should also know how to analyze the data collected and make informed decisions in the courtroom. Are you facing a serious criminal charge? If yes, contact O’Dekirk, Allred & Associates today. We have the best [criminal attorney](https://www.odekirklaw.com/tips-on-hiring-a-criminal-attorney/) for you in Joliet, Illinois. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Unreasonable search and seizure laws](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/) **Published:** January 20, 2020 **Author:** O'Dekirk Law **Content:** As a defendant, you may be subject to unreasonable search and seizure by law enforcement. This means a police officer violated your privacy rights by searching your items and belongings without probable cause and no warrant. In such cases, a criminal attorney can help you find a constitutional remedy. The exclusionary rule is one remedy that applies to unreasonable search and seizure. This way, any evidence collected in such a manner won’t be introduced in court. Additionally, you can’t sue the law enforcement officer that conducts the unreasonable search and seizure due to qualified immunity that protects government employees. O’Dekirk Law is happy to help you with your [criminal case](https://www.odekirklaw.com/the-role-of-former-prosecutors-in-criminal-defense-cases/) by providing you with the best criminal attorney. Contact us today to get qualified attorneys. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Buying a first home or selling an investment property?](https://www.odekirklaw.com/buying-a-first-home-or-selling-an-investment-property/) **Published:** February 5, 2020 **Author:** O'Dekirk Law **Content:** These two options provide good examples of the breadth of actions than can be taken regarding property purchases or sales. You might even be involved in foreclosure mitigation or related areas such as short sales. Whatever your requirements, you should always expect your legal team to keep you regularly updated and fully involved in the processes being followed. Their oversight should be overarching, from the moment you first enter a contract to the point of closing. With costs always an issue during property transactions, it’s also helpful if such services can be offered for a very competitive and fixed-rate fee. This is why so many Illinois residents turn to O’Dekirk, Allred and Associates, [real estate](https://www.odekirklaw.com/real-estate/) attorneys based in Joliet, at such moments. To discuss your needs, simply call 815-740-1700… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How to choose a real estate lawyer](https://www.odekirklaw.com/how-to-choose-a-real-estate-lawyer/) **Published:** January 10, 2023 **Author:** O'Dekirk Law **Content:** If you’re buying or selling a home, choosing the right real estate attorney can make a world of difference for your transaction. So how do you know you’re choosing the right one? Choose an attorney with experience, with a good and a solid team. A lawyer that cares about [personally overseeing your case](https://www.odekirklaw.com/340-2/) and is upfront with their costs. You want to be sure you can trust your lawyer. Buying and [selling a home](https://www.odekirklaw.com/buying-a-first-home-or-selling-an-investment-property/) is, after all, one of the most important financial decisions you’ll make in your life. Contact O’Dekirk, Allred & Associates, LLC today to find out how we can help you with your real estate legal needs. Our attorneys at our residential real estate law offices in Joliet, Illinois are ready to offer the oversight you’re looking for. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Should I retain a real estate lawyer?](https://www.odekirklaw.com/should-i-retain-a-real-estate-lawyer/) **Published:** July 15, 2021 **Author:** O'Dekirk Law **Content:** Today, O’Dekirk, Allred & Associates in Joliet discusses why you should retain a [real estate lawyer](https://www.odekirklaw.com/real-estate/). We know that [buying a home](https://www.odekirklaw.com/real-estate/) is one of life’s most significant purchases, involving a lot of paperwork and various legal issues. Even as a seller, it’s not as easy as finding a buyer and collecting a check. Everything must be handled systematically, contracts need to be read and understood, and if anything goes awry, both buyers and sellers need legal protection. Purchasing a Home For the majority of home purchases, a seller contracts with a real estate agent, usually in writing. This contract is called a brokerage contract. When the agent (also referred to as the broker) locates a buyer, any negotiations that need to take place are done through the broker because the broker is responsible for acting as an intermediary between the two parties, the buyer and seller. Once the parties have reached an informal agreement on an offer, a formal written contract is drawn up and signed. The buyer must then pay or obtain financing if they don’t have it already. A title search, inspection, and appraisal are performed. Eventually, the buyer takes possession of the property, and the seller receives the agreed upon amount of money. Unclear Terms A real estate lawyer will help you avoid problematic terms in the sale of your home. Some of these problems begin with the brokerage agreements. Many real estate agents use standard forms. These forms can lead to problems. For example, if there is no agreement to the contrary, the seller may have to pay a brokerage commission, even if the property doesn’t sell. Also, the seller can end up paying more than one commission. Using a residential real estate attorney can help ensure that particular options are available to you as either the buyer or the seller. A real estate lawyer can ensure that a seller or buyer has the right to negotiate on his or her behalf. Lawyers can also help if there are issues, and the seller needs to withdraw from the contract. Consultations Even if one not necessary during negotiations, the buyer or seller may want to consult with a real estate lawyer regarding the tax consequences of the sale. Income tax for the seller can be substantial. A great reason why you need a real estate lawyer prior to the sale is to learn about and take advantage of various tax provisions to lessen the impact. Purchase Agreement The single most important document in a property sale is the purchase agreement. Using a real estate lawyer in Illinois to step through the purchase agreement for the sale can help offer an opportunity to tailor the agreement to better address the needs of the parties involved. Title Search Once a purchase agreement is signed, it is appropriate to determine the title for the property. It is important that both the buyer and the financial institution offering to finance are satisfied with the [results of the title search](https://www.odekirklaw.com/search-results-page/). It is also important to ensure that the legal description is accurate and that there are no issues with prior or adjoining owners. Review of the title and ensuring the accuracy of the legal description can be confusing which is why you need a real estate lawyer. They can help determine if there are any exceptions to the title or whether there are potential problems. Zoning A real estate lawyer can also ensure that you are aware of any zoning issues. The title search does not include any zoning information. If there are future plans for improvement, the real estate lawyer in Illinois can help determine whether any zoning ordinances would be violated. Closing Even the finish line can be problematic. All closing papers must be prepared, as well as the sale transaction. A real estate lawyer can help a buyer or seller with all of the closing paperwork and ensure that everything is appropriate and properly executed. It is also helpful to have a real estate lawyer present just in case any last minute disputes arise. If other parties involved have a lawyer present and you are without one, your interests could be unprotected. As you can see, there are many reasons why you need a real estate lawyer in Illinois, so make sure your interests are protected during one of biggest events in your life. At O’Dekirk, Allred & Associates in Joliet, we want to make sure that the [buying or selling of your home](https://www.odekirklaw.com/buying-a-first-home-or-selling-an-investment-property/) is a positive experience. Let us guide you through the process and provide peace of mind. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [7 Questions to Ask Your Divorce Attorney](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) **Published:** October 21, 2021 **Author:** O'Dekirk Law **Content:** When you’re going through a divorce, there are seemingly endless things to handle and decide. Choosing the right divorce attorney is an integral part of the process. It’s worth taking the time to ask the right questions so you know you’re hiring the right attorney. Making a well-informed, thought-out decision about your divorce attorney could be the difference between things going smoothly and becoming more difficult. Try asking these seven important questions to any [divorce attorney](https://www.odekirklaw.com/family-law/divorce/) that you’re considering hiring. **1- What’s your experience handling divorces?** In most cases, your best bet is to choose a divorce attorney who has relevant experience handling divorce cases. Related questions you may want to ask are: how long have you been practicing family law? And do you specialize in divorce? A [lawyer with extensive experience dealing with divorce](https://www.odekirklaw.com/five-steps-to-choosing-the-right-divorce-lawyer/) will likely have a better understanding of how to handle your case. They might have insights and applicable techniques that less [experienced attorneys](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) do not have. Each marriage and each divorce are different but there’s still something to be said for experience in the area of divorce. **2- How will billing work?** Talking about money and payments is never comfortable but billing is an important part of working with an attorney. You should know what an attorney’s fee structure is upfront so you can make an informed decision about who to hire. If you choose to [hire a certain attorney](https://www.odekirklaw.com/hiring-a-criminal-attorney/), they will likely provide you with a more detailed description of charges but don’t wait until after hiring to iron out financial concerns. You can ask about the lawyer or firm’s hourly rates, how they charge for various communications like calls and emails, and how much the upfront retainer is. You might also ask them to point out ways you can save on fees and other costs. **3- Will you personally be working on my case?** It’s important to know who will actually be working on your case. You might love the attorney you meet with but if they’re not the one who will be doing most of the work on your case, that will change your experience significantly. If the answer to this question is no, it’s reasonable to ask about the lawyers and/or paralegals who will [personally be working on the case](https://www.odekirklaw.com/340-2/). You might want to meet them before you make a hiring decision. **4- How long do you expect the divorce proceedings to take?** Even a very experienced [divorce attorney](https://www.odekirklaw.com/family-law/divorce/) will struggle to provide an exact timetable for resolving your case but they should be able to offer an estimate. **5- What is your strategy for handling my case?** You should use your first discussion with a prospective divorce attorney to get a sense of their personality and how they’ll handle your divorce. You can ask them what kinds of strategies they think will work best to get a sense of whether you see eye-to-eye or not. Divorces are stressful enough, you don’t need to add personality clashes with your lawyer to the equation. If you get the sense that an attorney has a different personality type or litigating strategy than suits you, you should just look elsewhere. **6- What will the process look like?** If you’ve never gone through a divorce before, the process can be quite daunting. A divorce attorney can provide guidance so you know what to expect. They can help you determine what paperwork you need to prepare and what the best course of action is. You want an attorney who seems open to [answering your questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) and covering all the necessary bases. Don’t settle for less. **7- What are the relevant property laws in Illinois?** Your divorce attorney should help you understand the ramifications of all the relevant laws in your area. Some of the most important laws related to divorce are property laws. You may have assets that you are looking to shield from your spouse and your attorney can clarify what is and is not possible. You probably never had to think about the difference between community property and sole and separate property so it helps to have someone by your side who [understands the intricacies of these laws](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/). **Contact O’Dekirk Allred and Associates Today** For a divorce attorney who will check all your boxes, turn to O’Dekirk Allred and Associates. We are an experienced family [law firm](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) that will fight for the best outcome for you and your families. Reach out to us today to learn more about how we can help you through your divorce. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** divorce attorney --- ### [Can you get a DUI off your record?](https://www.odekirklaw.com/can-you-get-a-dui-off-your-record/) **Published:** October 16, 2020 **Author:** O'Dekirk Law **Content:** Driving Under the Influence, or [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/), is a serious but rather common problem. Your driver’s [license](https://www.odekirklaw.com/criminal-defense/dui-defense/) can be revoked or [suspended](https://www.odekirklaw.com/criminal-defense/dui-defense/). In addition, DUI infractions can be costly to the pocketbook. Moreover, some DUIs can be complex [legal issues,](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) different in each state, even varying county by county. If you find yourself in this situation, your first task will be to seek out competent legal help for an [attorney](https://www.odekirklaw.com/criminal-defense/dui-defense/) who has experience in DUI laws and representation. By some measures, drivers who hire a competent attorney are about three times more likely to get a DUI charge reduced. To find out more, get in touch. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [A DUI arrest](https://www.odekirklaw.com/a-dui-conviction/) **Published:** May 20, 2021 **Author:** O'Dekirk Law **Content:** A [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) [conviction](https://www.odekirklaw.com/criminal-defense/dui-defense/) can lead to the permanent revocation of your driver’s license, and in some situations, jail time. You need an experienced and knowledgeable DUI [lawyer](https://www.odekirklaw.com/criminal-defense/dui-defense/) on your side. The O’Dekirk, Allred & Associates attorneys have represented clients in the most difficult of cases, including DUI’s. It only takes a few critical decisions to join the ranks of 1.5 million people who are [arrested](https://www.odekirklaw.com/criminal-defense/dui-defense/) for drunk driving every year. When getting a DUI, it’s important to know what steps to take to ensure your rights are protected. 1. Stay Levelheaded If you get pulled over, it is crucial to keep your calm. While you probably won’t be able to talk your way out of a first offense DUI, being rude to the officer certainly won’t help your case. Make sure to cooperate with the officer’s requests and directions. Legally, you have the right to refuse a breathalyzer test and the field sobriety test. Keep in mind, however, that the officer may still decide to arrest you for a DUI charge. Refusal of these tests may eliminate certain evidence against you. 2. Contact an Attorney After you have been charged with a first offense DUI, you will probably have to make court appearances. This is where you will face sentencing, and could be charged with fines, probation, or even prison time. Also, you should make sure to contact an attorney who has [experience with DUI cases](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). Just because your buddy went to law school does not mean that they know how to help you with a DUI. With the consequences that are at stake, it is crucial to be represented by someone who knows how to get the best outcome for you. Depending on the incident that led to the DUI, the case could go on for a long time. For instance, if there was a collision that involved another vehicle or property, you could be sued for personal injury or property damage. If this happens, the case could drag on for several years. 3. Get Your Story Straight If you are facing a case that could take several years to resolve, you should make sure to get your story straight as soon as possible. You will likely be asked to give statements and multiple depositions. If details change from one deposition to another, it can make your testimony look weak. Write Things Down Do you remember what you were doing three weeks ago tonight? Probably not off the top of your head. You would likely need to consult your calendar or people who were with you. For this reason, you should never rely on your memory to help you keep your facts straight when it comes to [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/). You may forget minor details that seem minor to you, but that opposing counsel can latch onto. Write things down like where you were, who you were with, what you did, etc. This will help you ensure that you are telling the truth with consistency. Talk to Witnesses If there were witnesses the evening you were out or in the vehicle at the time of the DUI, make sure to speak with them as well. Their testimonies will also be important. Don’t Overshare Whenever you are dealing with [legal issues,](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/) it is important to be circumspect about who you share details with. For example, your coworkers do not need to know everything about your case. You should also avoid discussing details in public places. Additionally, be mindful of what you share on social media. Even something that seems harmless, like sharing photos of nights out with your friends, could hurt your case. For instance, if your pictures frequently have alcohol in it, opposing counsel could use that as evidence against you, perhaps imply that you’re an alcoholic. 4. Understand the Consequences As you get started with your case, it is important to know what kinds of consequences are at stake. Depending on the severity of the charge, you may face hefty fines or prison time. In most cases, your [license will be suspended](https://www.odekirklaw.com/difference-between-a-suspended-and-a-revoked-license/) for some length of time. You may also need to take an alcohol education or driver education course. If you are mandated to do these things, you should always follow through. The more compliant you are, the more smoothly the process will go. Know What You Should Do After First Offense DUI Even a first offense DUI can have serious consequences. But, if you know how to navigate the next steps, you can make sure that you get your life back on track. Need help with your DUI offense? Contact us today to speak with one of our expert [attorneys](https://www.odekirklaw.com/criminal-defense/dui-defense/) about your case for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Steps to take when your child is arrested](https://www.odekirklaw.com/steps-to-take-when-your-child-is-arrested/) **Published:** June 22, 2020 **Author:** O'Dekirk Law **Content:** Once police officers [arrest your child](https://www.odekirklaw.com/criminal-defense/juvenile-cases/), there are steps you should take whether you believe the charges are valid or not. These include: 1. Calling a [criminal attorney](https://www.odekirklaw.com/criminal-defense/juvenile-cases/). It’s wise to contact one that understands the [juvenile court](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) system. 2. Remaining calm as getting angry solves nothing. 3. Advising your child to avoid speaking to the police without legal counsel since it can incriminate their case. 4. Asking your child what happened. They need your support, not your criticism. Child arrests can be overwhelming for any family, but hiring a [criminal attorney](https://www.odekirklaw.com/why-you-need-a-criminal-attorney/) can make the entire process more straightforward. Contact O’Dekirk, Allred and Associates today to get in touch with a criminal attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Juvenile delinquency: what makes teens commit crimes?](https://www.odekirklaw.com/juvenile-delinquency-what-makes-teens-commit-crimes/) **Published:** June 29, 2020 **Author:** O'Dekirk Law **Content:** [Juvenile](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) delinquency refers to a minor (a person below 18 years) that commits a crime. Understanding why your [teenager](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) commits a crime is essential in preventing future crimes from happening. Here are some of the reasons why teenagers become juvenile delinquents. 1. Major upheavals at home, e.g. a divorce, can influence a teen’s behavior. 2. Lack of finances, forcing them to rob or sell drugs 3. Lack of social and moral understanding 4. Lack of proper communication Once your teen becomes a juvenile delinquent, it’s wise to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) to get the legal representation you need. Contact O’Dekirk, Allred, and Associates to [hire a criminal](https://www.odekirklaw.com/hiring-a-criminal-attorney/) attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How to fight a drug possession charge](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) **Published:** July 8, 2020 **Author:** O'Dekirk Law **Content:** Many people are arrested on [drug possession](https://www.odekirklaw.com/criminal-defense/drug-offenses/) charges every year, and they often relate to small controlled substances on you or in your car. While most drug possession defenses are challenging, they’re not impossible. First, you need to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/drug-offenses/) to help you obtain a more favorable outcome in your case. Second, instead of conviction, some jurisdictions may offer a diversion program such as rehabilitation or fines to drop your [charges](https://www.odekirklaw.com/criminal-defense/drug-offenses/). However, you’ll need to remain clean and off drugs. Lastly, your [criminal attorney](https://www.odekirklaw.com/why-you-need-a-criminal-attorney/) can argue that the search conducted was illegal. Contact O’Dekirk, Allred, and Associates today to [hire your criminal](https://www.odekirklaw.com/hiring-a-criminal-attorney/) attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How to help your juvenile delinquent](https://www.odekirklaw.com/how-to-help-your-juvenile-delinquent/) **Published:** July 21, 2020 **Author:** O'Dekirk Law **Content:** Many parents and guardians struggle to deal with their children’s dangerous behaviors that result in criminal [charges](https://www.odekirklaw.com/criminal-defense/juvenile-cases/). Here are some tips that can help you manage such situations. First, hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) as soon as possible to ensure your teenager gets the legal representation they need. Second, set boundaries such as curfews to control the situation and prevent them from engaging in further criminal activities. Lastly, be their support system emotionally and physically, and get your child involved in physical activities. With these, you can [fight your teenager’s criminal charges](https://www.odekirklaw.com/how-to-fight-a-drug-possession-charge/) and set them on a path of good behavior. Contact O’Dekirk, Allred, and Associates today to hire your [criminal](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [2 ways to clear your DUI record](https://www.odekirklaw.com/2-ways-to-clear-your-dui-record/) **Published:** May 20, 2020 **Author:** O'Dekirk Law **Content:** Having a [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) on your record can be stressful as it may result in an increase in your premiums, license suspension, and restrict the types of jobs you can apply for. But, you can have a DUI cleared from your record by: 1. Sealing your DUI record This means flagging all the information regarding your [DUI arrest](https://www.odekirklaw.com/criminal-defense/dui-defense/) to prevent public access. This way, it won’t be available to future employees or background checks. 2. [Expunging](https://www.odekirklaw.com/criminal-defense/dui-defense/) Expungement is the process of erasing your entire DUI records. However, the enforcement agency will always maintain one copy of your DUI [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). It’s vital to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/dui-defense/) to help you clear your DUI record as laws vary from state to state. Contact us today to consult with a criminal attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What crimes can be expunged?](https://www.odekirklaw.com/what-crimes-can-be-expunged/) **Published:** August 17, 2020 **Author:** O'Dekirk Law **Content:** [Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) is the process of erasing or sealing legal records of an arrest or crime. While most crimes can be expunged, some serious ones such as rape and murder can’t. Here’s a list of some of the crimes that can be expunged. - Marijuana possession - Robbery - DUIs - Misdemeanors - Drug crimes - Traffic violations Since the laws on [criminal](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) expungement vary by state, it’s wise to hire a criminal attorney to know whether your crime can be expunged. An attorney can help you [expunge your criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) even when you pleaded guilty to a case, protecting your livelihood. Contact O’Dekirk, Allred & Associates today for [criminal record expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Felony vs. misdemeanor: What’s the difference?](https://www.odekirklaw.com/felony-vs-misdemeanor-whats-the-difference/) **Published:** August 24, 2020 **Author:** O'Dekirk Law **Content:** Although some people use the terms [felony](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) and [misdemeanor](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) interchangeably, they don’t mean the same thing. Generally, a misdemeanor is a less serious crime than a felony. Misdemeanors usually involve smaller fines, temporary punishments, and jail time of less than a year. On the other hand, a felony is a more serious type of crime, and in most states, it carries a punishment of more than a year. However, this varies between states. To better understand your criminal case, it’s wise to hire a[ criminal attorney](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) as they’re more experienced and understand the [law](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). Contact O’Dekirk, Allred & Associates, LLC today to [hire your criminal](https://www.odekirklaw.com/hiring-a-criminal-attorney/) attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Avoid foreclosure with a real estate attorney](https://www.odekirklaw.com/avoid-foreclosure-with-a-real-estate-attorney/) **Published:** August 15, 2019 **Author:** O'Dekirk Law **Content:** You’ve fallen behind on your mortgage payments, and now the bank has started the foreclosure process. This doesn’t have to be the end of your American dream. An experienced real estate attorney can help you navigate the foreclosure process. They may even be able to provide you with options to keep your home. The best solution will depend on your particular situation, but some options negotiating with the bank on your behalf for a refinance or modification, making arrangements to pay missed payments, or helping to arrange a [short sale](https://www.odekirklaw.com/why-you-should-hire-a-lawyer-for-a-short-sale/). If you are facing foreclosure and want a free consultation, contact the best real estate attorney Joliet has to offer: O’Dekirk, Allred & Associates. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Having post-divorce troubles? Hire a lawyer!](https://www.odekirklaw.com/having-post-divorce-troubles-hire-a-lawyer/) **Published:** October 9, 2020 **Author:** O'Dekirk Law **Content:** After a [divorce](https://www.odekirklaw.com/family-law/), families go through a difficult and emotional time that can make co-parenting difficult. Most couples end up disagreeing on various issues, which only affects the children involved. If you’re one of these people, you should consider hiring a [lawyer](https://www.odekirklaw.com/family-law/). An [experienced lawyer can fight for your rights in court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) and help you determine your: - Visitation - Child’s health and education - Child’s religious upbringing and extracurricular activities Ultimately, a lawyer can set you up for a healthy co-parenting relationship with your ex-partner, no matter the terms of your divorce. Contact O’Dekirk, Allred, and Associates today to hire an attorney Joliet that can help you with [post-divorce](https://www.odekirklaw.com/family-law/post-divorce-disputes/) disputes. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Adoption: a great gift](https://www.odekirklaw.com/adoption-a-great-gift/) **Published:** December 18, 2020 **Author:** O'Dekirk Law **Content:** The [adoption](https://www.odekirklaw.com/family-law/adoption/) of a baby or young child is a great gift. It creates a winning situation for all involved: the adoptive parents, the child, and the birth mother. Adoption is also a somewhat complex situation from a legal perspective. A good [family](https://www.odekirklaw.com/family-law/adoption/) [lawyer](https://www.odekirklaw.com/family-law/adoption/) can provide peace of mind during the sometimes winding journey of legal adoption. A competent [attorney](https://www.odekirklaw.com/family-law/adoption/) can ensure that the adoption is conducted in full accordance with the law. You’ll want to make sure that your adoption experience is as wonderful and hassle-free as possible. Consider working with a family law [attorney well versed in adoption](https://www.odekirklaw.com/adoption-attorney-joliet-illinois/) protocol when considering this route for enlarging your family. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Understanding a DUI situation](https://www.odekirklaw.com/understanding-a-dui-situation/) **Published:** December 22, 2020 **Author:** O'Dekirk Law **Content:** If you have been, or are likely to be [charged](https://www.odekirklaw.com/criminal-defense/dui-defense/) with a [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) offense, would you like your [defense](https://www.odekirklaw.com/criminal-defense/dui-defense/) [lawyer](https://www.odekirklaw.com/criminal-defense/dui-defense/) to fully understand the procedures to be followed? There are many specific steps police officers must adhere to and handle correctly. How useful would it be for your lawyer to have, in a previous role, actually dealt with the instruction of law enforcement personnel in how to conduct field sobriety testing, breath instrument operation, and also report writing? This means that such lawyers can [investigate each individual case](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) in great detail, using their unmatched expertise. Several members of our talented O’Dekirk, Allred and Associates [criminal attorney](https://www.odekirklaw.com/criminal-defense/dui-defense/) team have just such experience to put into action for our clients ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Is a DUI a Felony in Illinois?](https://www.odekirklaw.com/dui-felony-illinois/) **Published:** March 18, 2018 **Author:** O'Dekirk Law **Content:** ![Is a DUI a Felony in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/man-in-handcuffs-300x200.jpg "man in handcuffs - O'Dekirk, Rhodes & Associates, LLC")[Is a DUI a felony](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) in Illinois? In our state, most DUIs are a misdemeanor. Today, [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/) shares a bit about DUIs so you understand what happens if you are facing such charges. You’re also [welcome to contact our attorneys](https://www.odekirklaw.com/welcome-to-attorney-haley-graf/) to discuss your case and determine if our knowledgeable legal team can help protect your rights. If you are pulled over and have a [blood alcohol level of .08](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) or higher, you could be charged with a DUI. Though most DUIs are classified as Class A misdemeanors and come with a maximum of one year in jail and a maximum fine of $2500, there are instances where a DUI may be a felony. **When is a DUI a Felony in Illinois?** The first time you are convicted of a DUI, it is considered a misdemeanor. The second DUI conviction within 20 years is still considered a misdemeanor, but it carries tough penalties that include a 5-year loss of full driving privileges, 5 days in jail or 240 hours of community service, along with additional possible jail time and a maximum fine of $2,500. A third DUI becomes a Class 2 felony. **Class 2 Felony** There are a few additional instances in which a DUI becomes a Class 2 Felony: - If this is your second or subsequent DUI and you were transporting a child under the age of 16. - If you are driving a vehicle while transporting a child under 16 and they were injured as a result of a crash while you were driving under the influence, even if it is your first DUI. If you are facing a DUI charge and need a [defense attorney](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/), contact us at O’Dekirk, Allred & Associates in Joliet. We have lawyers who can help you face this difficult legal challenge. **Class 4 Felony** There are instances when an Aggravated DUI is considered a Class 4 felony. Class 4 felonies can carry a sentence of up to 7 years in prison and a fine of up to $25,000. Here are some of the instances in which state law allows for charging someone with a Class 4 felony: - If a person commits a DUI with any passengers under the age of 14 or while driving a school bus. - If a person was driving a vehicle for hire with any passengers when committing a DUI offense. - If a DUI results in permanent disability, disfigurement, or bodily harm. Additionally, your license could be revoked for 2 years. - If a person is driving under the influence without a valid driver’s license, including suspended or revoked licenses, or without vehicle liability insurance. There are additional instances where a driver can be charged with a Class 4 felony as well as times where higher-class felony charges are permitted. Higher-class felony charges include longer sentences and severe long-term penalties. Is a DUI a felony in Illinois? It absolutely can be – and come with harsh penalties. If you or someone you know is facing a possible [felony conviction for a DUI](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html), contact us at O’Dekirk, Allred & Associates in Joliet for a consultation to determine your best course of action. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Why an experienced attorney is vital for Juvenile cases](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) **Published:** September 23, 2019 **Author:** O'Dekirk Law **Content:** Any criminal case is a traumatic, anxious, even frightening, experience for those involved – and this is heightened when it involves a juvenile. With a son or daughter facing criminal charges, both they and their immediate family are in the spotlight, and find themselves involved in a process of which they almost certainly have no prior experience. It’s vital to have the services of an attorney well-schooled in Juvenile Court proceedings; experts who have extensive knowledge of the nuances of juvenile law, and both the court procedures and possible penalties for the offenses being tried. In such circumstances, the experience in [representing juveniles of the criminal](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) attorneys who form a key part of our team at O’Dekirk, Allred and Associates, LLC has often proved utterly vital. You can reach them on 815-740-1700… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Charged with a DUI](https://www.odekirklaw.com/charged-with-a-dui/) **Published:** January 15, 2022 **Author:** O'Dekirk Law **Content:** If you are [charged](https://www.odekirklaw.com/criminal-defense/dui-defense/) with [drunk driving](https://www.odekirklaw.com/criminal-defense/dui-defense/), you will need an experienced and knowledgeable attorney on your side. The O’Dekirk, Allred & Associates [attorneys](https://www.odekirklaw.com/criminal-defense/dui-defense/) have represented clients in the most difficult of cases, including DUI’s. A [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) conviction can lead to the permanent revocation of your driver’s license, and in some situations, jail time. If you are charged with drunk driving it is a very serious charge. That’s why you need a good attorney as soon as possible. The O’Dekirk, Allred & Associates is incredibly familiar with these procedures and policies. DUI charges can be very complicated and legally challenging, as there are many details and procedures that a police officer must handle correctly. Contact them today for your free consultation to find out more about the complete representation they can provide for you. Weekend and evening appointments are available to fit your schedule. While working as prosecutors, several members of the [firm instructed law](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) enforcement on field sobriety testing, breath instrument operation, and report writing. So, they know what needs to be done properly and can spot mistakes. They have everything it takes to give your [case a complete investigation](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) and make sure that your rights are protected. They will fight hard for you, so that one night does not affect the rest of your life. You should not have to fight this[ DUI charge](https://www.odekirklaw.com/criminal-defense/dui-defense/) alone. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [If your driving license has been revoked](https://www.odekirklaw.com/if-your-driving-license-has-been-revoked/) **Published:** August 15, 2022 **Author:** O'Dekirk Law **Content:** In Illinois, automatic reinstatement of driving privileges is not a given. No matter the original circumstances, being without a driver’s license is really frustrating. It can seriously impact on an individual’s ability to effectively undertake their job – or gain employment. Equally, in their personal life, there might be kids looking to be ferried to sports and other activities, or aged relatives in need of regular visits might live a distance away. Gaining a restricted driver’s permit, and then eventually reclaiming a full license, is a process that is surely best undertaken with professional help. The [criminal attorney](https://www.odekirklaw.com/criminal-defense-attorney/) team at O’Dekirk, Allred and Associates, LLC, based here in Joliet, are experienced in offering such assistance ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Thinking About Adopting a Child in Illinois? What You Need to Know.](https://www.odekirklaw.com/thinking-adopting-child-illinois/) **Published:** December 8, 2022 **Author:** O'Dekirk Law **Content:** If you are thinking about [adopting a child ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)in Illinois, here’s what you need to know from our experts at [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html). You must be 21 years old to adopt a child in Illinois. You may be single, married, or divorced. But if you are separated from your spouse, you must have lived apart for 12 months or more. You don’t have to own your home, but must you have enough room for your new child. One you’re ready to adopt, you need to decide what age and whether you want to adopt here in the United States or go internationally. If you decide on an [international adoption, ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)you will need to find an agency that is specifically [licensed to handle international adoptions.](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) Then you will need to decide from what country you would like to adopt a child. Obviously, the laws are different in every country. They have their [laws as to the age of the child](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) and the length of time you have to remain in the country before you can go home to Illinois to finish the adoption. In the United States, children who are currently in [foster care](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) but available for adoption can be placed in your home for adoption by the Illinois Department of Human Services. If you would like to get more information on this kind of adoption, contact your [local human services office.](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) The Department of Human Services has children of all ages and many sibling groups that need to remain together. You may be required to attend pre-adoption classes before the child can come to your home. If you want to adopt an infant, you need to find a licensed adoption agency or [adoption attorney](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html). The [Adoption.com website](http://illinois.adoption.com/) reports that in Illinois, no matter what type of adoption you seek, you will need a home study. A home study gathers information about your home, your parenting skills, your background, your financial ability to raise a child, your marriage if you are married, and many other aspects of your life, family and home. Although this can seem overwhelming, it is done so the adoption will have the best chance for success. The Illinois Adoption Registry and Medical Information Exchange allows birth parents and [adoptees ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)to register if they are interested in a reunion. The Illinois Department of Public Health handles the voluntary registration. This information is released only if both parties seek the contact. If one party does not want contact, the other party will be given that information. If you are thinking about adopting a child in Illinois, O’Dekirk, Allred & Associates in Joliet is here to assist you through every step. [Contact us today](https://www.odekirklaw.com/contact-odekirk-allred-associates.html) for a free consultation, and we’ll get you started on your way to adding a new member to your family and home. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General, Joliet Family Law Attorney, Looking for Family Law Lawyers, Need Family Law Lawyers, Search Family Law Attorney Joliet, Search for Family Law Attorney Joliet --- ### [Are you charged with a misdemeanor?](https://www.odekirklaw.com/are-you-charged-with-a-misdemeanor/) **Published:** March 25, 2021 **Author:** O'Dekirk Law **Content:** Being charged with a [misdemeanor](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) may be a lesser [criminal](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) [charge](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/), but it can still create problems for you and can come with harsh punishments. You should have an [attorney](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) [defending](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) you. You need the strongest and best attorney if you are charged with a misdemeanor. The O’Dekirk, Allred & Associates are here for you. Their attorneys are former prosecutors who will utilize their extensive skills and [experience to seek the best outcome in your case](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). When you are charged with a misdemeanor, you want the Joliet defense attorney that gives you a whole team of attorneys behind you. Don’t worry. The O’Dekirk, Allred & Associates team will fight for you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Criminal Defense Law Firm Joliet](https://www.odekirklaw.com/criminal-defense-law-firm-joliet/) **Published:** April 1, 2016 **Author:** O'Dekirk Law **Content:** A criminal charge can make you feel like you are fighting the world by yourself. The [criminal defense law firm in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) gives you a whole team of attorneys behind you, because whether it’s a misdemeanor or a felony, you want a vigorous defense. In addition to a threat to your freedom, having either a misdemeanor or felony conviction on your record can negatively affect current and future employment opportunities — often for the rest of your life. Even misdemeanor sentences can include up to one year in prison and a fine of $2,500. Felony cases carry the harshest potential punishment, often including prison or time on probation. The attorneys of O’Dekirk, Allred & Associates, the [criminal defense law firm in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html), will review your case, going over every detail possible, so they can best represent you. [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are there for you, fighting on your side. Their attorneys are former prosecutors who will use their extensive skills and [experience to get the best outcome in your case](https://www.odekirklaw.com/why-experience-matters-in-serious-felony-cases/). You need the strongest and best [criminal defense law firm in Joliet](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)[ ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)so your rights will be protected. They have successfully defended all types of misdemeanor and felony cases, including: - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked - Murder/Homicide - Reckless Homicide Criminal charges can be very scary, but when [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) has your back, you know you have a tough defense team on your side. They will fight hard for you and your defense will always come first. They offer weekend and evening appointments for your convenience. A criminal charge is scary, but you don’t have to face it alone. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Law Firm in Joliet, Criminal Defense Law Firm Joliet, Find a Criminal Defense Law Firm Joliet, Look for a Criminal Defense Law Firm Joliet --- ### [Your Rights During a Police Investigation](https://www.odekirklaw.com/your-rights-during-a-police-investigation/) **Published:** January 9, 2026 **Author:** O'Dekirk Law **Excerpt:** Know your rights during a police investigation. Learn when to stay silent, request an attorney, and refuse searches to protect yourself legally. **Content:** Being approached or questioned by police is stressful, whether you’re in Joliet, Manteno, Wilmington, or Morris. Your heart races. Your mind goes blank. And in that moment, it’s easy to forget that you have constitutional [protections designed to keep law](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) enforcement from overstepping. At O’Dekirk, Allred & Rhodes, LLC, we’ve spent years defending clients throughout Will and Grundy counties who didn’t fully understand their rights during a police investigation. Many of our attorneys are former prosecutors, which means we know exactly how the other side operates. We’ve seen cases where people talked themselves into trouble simply because they didn’t know they could stay silent. We’ve also seen evidence thrown out because officers violated someone’s Fourth Amendment rights. Knowing your rights isn’t about being uncooperative. It’s about protecting yourself. Let’s walk through what the Constitution actually guarantees you when police come knocking or pull you over. ## Key Takeaways - You must clearly invoke your right to remain silent during a police investigation—simply staying quiet isn’t enough to activate this protection. - Request an attorney early in the process by stating it clearly, as police must stop questioning once you’ve asked for legal representation. - You can refuse consent to searches by saying ‘I do not consent to any searches,’ which protects your Fourth Amendment rights even if police proceed. - Know the difference between a consensual encounter and an investigative detention—ask ‘Am I being detained, or am I free to go?’ to clarify your situation. - If your rights are violated during a police investigation, document everything immediately and contact an attorney to potentially suppress unlawfully obtained evidence. - Stay calm and comply physically during any police encounter, then address any rights violations through proper legal channels afterward. ## The Right to Remain Silent The Fifth Amendment is probably the most famous constitutional protection, and for good reason. It says you can’t be forced to incriminate yourself. In plain English: you don’t have to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) that might make you look guilty. This right kicks in during what’s called “custodial interrogation,” meaning when you’re not free to leave and police are asking questions designed to get information about a crime. But here’s something many people don’t realize: anything you say to police, even before you’re formally arrested, can absolutely be used against you in court. We’ve had clients in Joliet who thought they were just having a casual conversation with officers. They figured if they explained their side, everything would get cleared up. Instead, their own words became the prosecution’s best evidence. That “casual” chat became exhibit A. ### When and How to Invoke Silence Here’s the tricky part: you actually have to invoke this right clearly. The Supreme Court has ruled that simply staying quiet isn’t enough. You need to say something like: - “I am exercising my right to remain silent.” - “I’m not answering any questions without my lawyer present.” - “I choose to remain silent.” Once you’ve clearly stated this, police are supposed to stop questioning you. If they continue, anything you say after that point may be inadmissible in court. A common mistake we see? People invoke their right, then get nervous during the silence and start talking again. Don’t do that. Once you’ve said you’re staying silent, actually stay silent. Let the awkwardness sit there. It’s uncomfortable, but it protects you. ## The Right to Legal Representation The Sixth Amendment guarantees your right to an attorney. If you’re being questioned about a crime and you’re in custody, you have the right to have a lawyer present. If you can’t afford one, the court will appoint one for you. This matters more than most people think. Police are trained interrogators. They know how to ask questions in ways that trip people up. They know how to build rapport so you feel comfortable sharing things you shouldn’t. Having an attorney present levels the playing field. In our experience at O’Dekirk, Allred & Rhodes, LLC, clients who request counsel early in the process generally have better outcomes. Why? Because an attorney can advise you on which questions to answer, identify when police are overreaching, and make sure your rights are being respected throughout the process. ### Requesting an Attorney During Questioning Just like with silence, you need to clearly request an attorney. Say something like: - “I want to speak to my attorney.” - “I’m not answering questions until I have a lawyer.” - “I want a lawyer present before we continue.” Once you’ve made this request, [questioning must stop until your attorney](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) arrives. Police can’t try to talk you out of it or pressure you to change your mind. If you’re in custody, officers are required to read you Miranda warnings, which include informing you of this right. But here’s the thing: Miranda warnings only apply to custodial interrogation. If an officer stops you on the street in Wilmington or Morris and starts asking questions, they may not be required to Mirandize you. That doesn’t mean you don’t have rights. You absolutely do. You can still refuse to answer and request an attorney. ## Protection Against Unreasonable Searches and Seizures The Fourth Amendment protects you from [unreasonable searches and seizures](https://www.odekirklaw.com/unreasonable-search-and-seizure-laws/). In practice, this means police generally need a warrant to search your home, your car, or your person. That warrant has to be based on probable cause and approved by a judge. But there are exceptions. A lot of them, actually. Police can search: - With your consent - During a lawful arrest - When evidence is in plain view - During a “Terry stop” if they have reasonable suspicion you’re armed - In emergency situations where evidence might be destroyed The consent exception is where people get into trouble most often. If a police officer asks, “Mind if I take a look in your trunk?” and you say “sure,” you’ve just given consent. That search is now legal, even if they find something incriminating. You have the right to refuse. Say: “I do not consent to any searches.” Be polite but firm. The officer may search anyway if they believe they have another legal basis, but your refusal is on the record. ### Understanding Search Warrants and Consent A valid search warrant must describe the specific place to be searched and the items police are looking for. Officers can’t show up with a warrant for your garage and then search your bedroom. If police arrive at your door with a warrant, ask to see it. Read it. Make sure the address is correct and note what they’re authorized to search for. You’re allowed to observe the search, though you shouldn’t interfere. Consent, on the other hand, can be withdrawn. If you initially agreed to a search but change your mind, say so clearly. The search should stop at that point, though anything already discovered is fair game. Terry stops deserve special mention. Under Terry v. Ohio, police can briefly detain you if they have reasonable suspicion that you’re involved in criminal activity. During that stop, they can pat you down for weapons. This isn’t a full search. They’re looking for things that could hurt them, not evidence. But it’s still an intrusion, and officers sometimes overstep. If you believe a Terry stop went too far, document everything and contact an attorney. ## Your Rights During Police Encounters Not every police encounter is an arrest. Sometimes it’s just a conversation. Sometimes it’s an investigative detention. Knowing the difference matters because your rights vary depending on the situation. During a consensual encounter, you’re free to leave. You don’t have to [answer questions,](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) and you can walk away at any time. If you’re not sure whether you’re free to leave, ask: “Am I being detained, or am I free to go?” If the officer says you’re free to go, leave calmly. Don’t run. Don’t say anything else. During an investigative detention, police have reasonable suspicion that you’ve been involved in a crime. They can hold you briefly while they investigate. You still don’t have to answer questions beyond basic identification (in Illinois, you may be required to provide your name if asked during a lawful stop). You can still refuse searches. You can still request an attorney. If you’re arrested, the situation changes. Police must have probable cause to arrest you. They should explain why you’re being detained. You have the right to remain silent and the right to an attorney. Don’t resist physically, even if you believe the arrest is unlawful. That’s a fight for the courtroom, not the street. In Joliet and the surrounding communities of Manteno, Wilmington, and Morris, we’ve seen too many [situations escalate because people didn’t understand](https://www.odekirklaw.com/understanding-a-dui-situation/) where they stood legally. Knowing your rights helps you stay calm, which helps you make better decisions in the moment. ## What to Do If Your Rights Are Violated Sometimes, even though your best efforts, police violate your rights. Maybe they conducted a search without consent or a warrant. Maybe they continued questioning after you invoked silence. Maybe they never read you your Miranda warnings before a custodial interrogation. Here’s what you should do: **Document everything.** Write down what happened as soon as possible. Include the officers’ names and badge numbers if you have them, the time and location, what was said, and what actions were taken. Details fade quickly, so do this while it’s fresh. **Don’t argue on the scene.** If police are violating your rights, saying “that’s illegal” isn’t going to change their behavior in the moment. It might make things worse. Stay calm, comply physically, and address the violation later through proper legal channels. **Contact an attorney immediately.** Evidence obtained through constitutional violations may be suppressed, meaning it can’t be used against you at trial. But you need a lawyer to make that argument. The sooner you get legal representation, the better your chances of protecting your rights and your future. **Consider filing a complaint.** You can report police misconduct to the department’s internal affairs division. In serious cases, the Department of Justice [investigates knowing constitutional violations by law](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) enforcement. At O’Dekirk, Allred & Rhodes, LLC, we take rights violations seriously. Our reputation in the Joliet legal community is built on aggressive, knowledgeable defense. It’s actually why we’re often hired by police officers and firefighters when they face their own [legal issues](https://www.odekirklaw.com/legal-issues-and-covid-19-coronavirus/). They know we understand the system inside and out. ## Conclusion Your rights during a police investigation aren’t abstract legal concepts. They’re practical protections that can determine whether you walk away clean or end up fighting criminal charges. The right to remain silent keeps your words from being twisted against you. The right to an attorney ensures you’re not navigating a complex legal situation alone. The Fourth Amendment protects your home, your car, and your person from unreasonable intrusion. These rights exist for a reason. Use them. If you’re facing a police investigation in Joliet, Manteno, Wilmington, Morris, or anywhere in Will and Grundy counties, we’re here to help. Our attorneys bring decades of combined experience, including backgrounds as former prosecutors who understand exactly how the state builds its cases. Criminal charges can mean jail time, a permanent record, and lasting damage to your career and reputation. Don’t leave your future to chance. **Contact O’Dekirk, Allred & Rhodes, LLC today.** Whether you need guidance during an ongoing investigation or representation after an arrest, we’ll stand by your side and fight for the best possible outcome. Call our Joliet office to schedule a consultation. ## Frequently Asked Questions ### What are my rights during a police investigation? During a police investigation, you have the right to remain silent under the Fifth Amendment, the right to an attorney under the Sixth Amendment, and protection against unreasonable searches and seizures under the Fourth Amendment. You can refuse to [answer questions](https://www.odekirklaw.com/questions-answers-child-custody-law-illinois/) and request legal representation at any time. ### How do I invoke my right to remain silent with police? You must clearly state your intention to remain silent. Simply staying quiet isn’t enough. Say something like “I am exercising my right to remain silent” or “I’m not answering questions without my lawyer present.” Once invoked, police must stop questioning you. ### Can police search my car without a warrant? Police generally need a warrant to search your vehicle, but exceptions exist. They can search with your consent, during a lawful arrest, when evidence is in plain view, or with probable cause. You have the right to refuse by saying, “I do not consent to any searches.” ### When are Miranda rights required to be read? Miranda warnings are only required during custodial interrogation—when you’re not free to leave and police are questioning you about a crime. Street encounters or traffic stops may not trigger Miranda requirements, but you still retain your constitutional rights in those situations. ### What should I do if police violate my constitutional rights? Document everything immediately, including officer names, badge numbers, time, location, and what occurred. Stay calm and don’t argue on scene. Contact a [criminal defense attorney](https://www.odekirklaw.com/criminal-defense-attorney/) right away—evidence obtained through constitutional violations may be suppressed and excluded from trial. ### Can I ask if I’m free to leave during a police encounter? Yes, you can and should ask “Am I being detained, or am I free to go?” During consensual encounters, you’re free to leave at any time. If detained, police need reasonable suspicion. Knowing the type of encounter helps you understand which rights apply to your situation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Understanding Bail and Bond Hearings: What You Need to Know](https://www.odekirklaw.com/understanding-bail-bond-hearings/) **Published:** March 21, 2026 **Author:** O'Dekirk Law **Content:** Few moments in life feel as disorienting as watching a loved one get arrested, or finding yourself on the wrong side of a booking desk. Suddenly, words like “bail,” “bond,” and “hearing” carry enormous weight. And if you’ve never dealt with the criminal justice system before, the whole process can seem overwhelming. Here’s the reality: understanding how bail and bond hearings work isn’t just helpful, it’s essential. The decisions made in these early proceedings can determine whether someone waits for trial at home or behind bars. At O’Dekirk, Allred & Rhodes, we’ve guided countless clients through this exact situation, and we know that knowledge is one of the best tools you can have when facing criminal charges. So let’s break down what bail really means, how bond hearings unfold, and what you can do to put yourself in the strongest position possible. ## What Is Bail and How Does It Work At its core, bail is a financial arrangement that allows a defendant to be released from custody while awaiting trial. Think of it as a promise backed by money, the court holds onto a set amount, and in exchange, you get to go home instead of sitting in jail for weeks or even months. The concept is pretty straightforward. When someone is arrested, they’re typically taken to a local jail for booking. After that, a bail amount may be set based on a predetermined schedule or through a hearing with a judge. Once bail is posted (either by the defendant or someone on their behalf), the individual is released with the understanding that they’ll return for all required court appearances. Here’s the catch: bail isn’t a fine or a punishment. It’s a guarantee. If the defendant shows up to every court date as required, the bail money is returned at the end of the case, regardless of whether they’re found guilty or innocent. Miss a court date, though, and that money is forfeited. The court may also issue a warrant for the defendant’s arrest. We often see clients confused about one particular point: bail doesn’t mean the case is over. It simply means you can continue your daily life, going to work, caring for your family, meeting with your attorney, while your case moves through the legal system. And that matters more than most people realize. Being out on bail gives you time to build a proper defense, which is something we take very seriously at our Joliet office. ## Types of Bail and Bond Options Not all bail arrangements look the same. Depending on your situation, the charges involved, and your financial circumstances, there are several paths to securing release. Let’s walk through the most common options. ### Cash Bail Cash bail is exactly what it sounds like, the full bail amount is paid directly to the court in cash (or sometimes by check or credit card, depending on the jurisdiction). This is the most straightforward option, but it’s often the most difficult for families to manage. If bail is set at $10,000, you need to come up with $10,000. The good news? You’ll get that money back when the case concludes, assuming all court appearances are made. The bad news? Most people don’t have that kind of cash sitting around, which brings us to the next option. ### Surety Bonds Surety bonds involve a third party, typically a bail bondsman. Here’s how it works: instead of paying the full bail amount, you pay a percentage (usually around 10%) to the bail bond company. They then post the full bail on your behalf. So if bail is set at $10,000, you might pay the bondsman $1,000. That fee is non-refundable, it’s essentially the cost of doing business. But for many families, it’s the only realistic way to secure release without draining savings accounts or liquidating assets. One thing to keep in mind: when you use a bail bondsman, you’re entering into a contract. If the defendant fails to appear in court, the bondsman may come looking for them (and for you, if you co-signed the agreement). It’s a serious commitment. ### Release on Own Recognizance In some cases, the court may release a defendant on their own recognizance, commonly called an “O.R. release” or “ROR.” This means no bail money is required at all. The defendant simply signs a written promise to appear at all future court dates. O.R. releases are typically reserved for individuals who pose minimal flight risk and face relatively minor charges. First-time offenders with strong community ties, steady employment, family in the area, no prior criminal history, are the best candidates. But it’s never guaranteed, and having experienced legal representation can make a real difference in whether a judge grants this type of release. ## What Happens During a Bond Hearing A bond hearing (sometimes called a bail hearing or initial appearance) is your first formal opportunity to request release from custody. It usually happens within 24 to 48 hours of an arrest, though timing can vary. Here’s what you can expect. The defendant is brought before a judge, and the prosecution presents information about the charges. The defense then has an opportunity to argue for release, either on recognizance or with a reasonable bail amount. It’s not a full trial: no one’s presenting witnesses or cross-examining evidence. But it’s a crucial moment nonetheless. During this hearing, the judge considers several factors (more on that in the next section) and makes a decision. They might set bail at a specific amount, deny bail entirely, or release the defendant without requiring any payment. We can’t stress this enough: having an attorney present at your bond hearing matters. A skilled lawyer knows how to present mitigating factors, challenge the prosecution’s characterization of the charges, and advocate for a fair bail amount. At O’Dekirk, Allred & Rhodes, many of our attorneys are former prosecutors with an in-depth knowledge of the local court system. We understand what judges are looking for and how to frame arguments persuasively. Without representation, defendants often accept whatever the prosecution requests, or worse, whatever the standard bail schedule dictates, without any pushback. That can mean the difference between going home and spending months in jail awaiting trial. ## Factors Judges Consider When Setting Bail Judges don’t pull bail amounts out of thin air. They weigh a variety of factors when deciding whether to grant bail and how much to set it at. Understanding these factors can help you (or your attorney) make a more compelling case. **Severity of the charges.** More serious offenses typically come with higher bail amounts. A misdemeanor assault charge will be treated very differently than a felony [drug trafficking case](https://www.odekirklaw.com/why-you-should-take-your-drug-trafficking-case-seriously/). In some situations, particularly violent crimes or cases involving significant danger to the public, bail may be denied outright. **Criminal history.** Defendants with prior convictions, especially for similar offenses, face an uphill battle. Judges want to know: has this person been through the system before? Did they comply with previous court orders? A clean record works in your favor: a lengthy rap sheet does not. **Flight risk.** Will the defendant show up for future court dates? Judges look at factors like employment status, family ties, length of residence in the community, and previous failures to appear in court. Someone with deep roots in the area is generally seen as less of a flight risk than someone with no local connections. **Danger to the community.** If the judge believes releasing the defendant could put others at risk, bail may be set high or denied entirely. This is particularly relevant in cases involving [domestic violence,](https://www.odekirklaw.com/domestic-violence-orders-protection-illinois/) weapons offenses, or threats. **Financial resources.** In some jurisdictions, judges are required to consider whether a defendant can actually afford the bail amount being set. The goal of bail is to ensure court appearance, not to keep people locked up simply because they’re poor. Our team at O’Dekirk, Allred & Rhodes has extensive experience presenting these factors in the most favorable light. We gather documentation, prepare statements, and build a narrative that gives our clients the best chance at a reasonable outcome. ## How to Prepare for a Bail Hearing Preparation matters. Even though bond hearings happen quickly, there are steps you can take to improve your odds of a favorable outcome. **Hire an attorney immediately.** We know, this sounds self-serving. But the reality is that defendants who appear at bond hearings without legal representation are at a significant disadvantage. An [experienced attorney understands local court](https://www.odekirklaw.com/how-an-experienced-defense-attorney-protects-your-rights-in-court/) procedures, knows how to address the judge’s concerns, and can present evidence that might not otherwise be considered. **Gather supporting documentation.** Proof of employment, letters from family members, evidence of community involvement, all of these can help demonstrate that the defendant is a responsible person with reasons to stay and face the charges. The more concrete documentation you can provide, the better. **Prepare for questions.** The defendant may be asked about their employment, living situation, family ties, and prior criminal history. Answering honestly and calmly makes a positive impression. Evasiveness or hostility does the opposite. **Dress appropriately and behave respectfully.** It seems minor, but appearances matter in court. Dressing neatly and addressing the judge with respect signals that the defendant takes the proceedings seriously. **Line up potential co-signers or bail funds.** If bail is set, you’ll need to act quickly. Knowing ahead of time who can help post bond, whether through cash or a bail bondsman, prevents unnecessary delays. At O’Dekirk, Allred & Rhodes, we walk our clients through every step of this process. Our goal is to put you in the best position to succeed, and that starts with thorough preparation before you ever set foot in the courtroom. ## What to Do If Bail Is Denied or Too High Sometimes things don’t go as planned. Bail gets denied, or it’s set so high that paying it simply isn’t realistic. If you find yourself in this situation, don’t lose hope, there are options. **Request a bail reduction hearing.** In many jurisdictions, you can petition the court to reconsider the bail amount. This is where having strong legal representation becomes even more critical. Your attorney can present new evidence, argue changed circumstances, or challenge the original bail determination. **Explore alternative release conditions.** Judges sometimes agree to release defendants under strict conditions, house arrest, electronic monitoring, regular check-ins with pretrial services, instead of requiring traditional bail. These arrangements provide the court with assurance while allowing the defendant to remain out of custody. **Look into bail funds or assistance programs.** Some nonprofit organizations and community groups help individuals who can’t afford bail. Availability varies by location, but it’s worth exploring if financial resources are the primary barrier. **Work with a bail bondsman.** If you haven’t already, a bondsman can make the difference between an unaffordable bail and a manageable payment. Just remember: that 10% fee is non-refundable, so make sure you understand the terms before signing anything. **Appeal the decision.** In rare cases, bail denials can be appealed to a higher court. This is generally a last resort and requires a compelling legal argument, but it’s an option when all else fails. We understand how devastating it can be when a loved one remains in custody. Our reputation in the local legal community, we’re often hired by police officers and firemen facing their own legal challenges, speaks to our ability to navigate even the toughest situations. We won’t give up on your case just because the first hearing didn’t go your way. ## Conclusion Bail and bond hearings represent a pivotal moment in any criminal case. The outcome determines whether someone can maintain their job, stay with their family, and actively participate in their own defense, or whether they’ll wait for trial behind bars. What we’ve learned over years of practice is that early intervention makes an enormous difference. The sooner you have experienced legal counsel in your corner, the better your chances of securing a favorable bail arrangement. At O’Dekirk, Allred & Rhodes, we bring extensive trial experience, intelligent and aggressive representation, and [personalized attention to every case](https://www.odekirklaw.com/340-2/) we handle. If you or someone you love is facing [criminal charges and needs guidance through the bail process](https://www.odekirklaw.com/criminal-law-process-felony-illinois/), don’t wait. Contact us today for a free consultation. We’re here to take the burden off your shoulders and help you navigate what comes next. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Attorney in Joliet --- ### [Understanding Alimony and Spousal Support](https://www.odekirklaw.com/understanding-alimony-spousal-support/) **Published:** March 7, 2026 **Author:** O'Dekirk Law **Content:** Divorce is rarely simple, and the financial aspects can be among the most contentious issues couples face when ending a marriage. One topic that often sparks confusion, and sometimes heated disagreement, is alimony, also known as spousal support. Whether you’re the spouse who may be paying or the one who might receive support, understanding how alimony works is essential for protecting your financial future. At O’Dekirk, Allred & Associates, LLC in Joliet, Illinois, we’ve guided countless clients through the complexities of divorce proceedings, including spousal support negotiations. We know firsthand how overwhelming this process can feel, especially when you’re trying to plan for life after marriage. In this text, we’ll break down what alimony actually means, the different types of support available, how courts make their decisions, and what you need to know about modifications and taxes. Let’s get into it. ## What Is Alimony and Spousal Support? Alimony and spousal support are terms often used interchangeably, though you may hear “maintenance” used in some states, including Illinois. At its core, alimony refers to financial payments one spouse makes to the other during or after a divorce. The purpose? To help the lower-earning or non-earning spouse maintain a reasonable standard of living while they adjust to single life. The concept isn’t new. Historically, alimony existed because women typically didn’t work outside the home and would be left financially vulnerable after divorce. Today, spousal support is gender-neutral, either spouse can receive it, depending on their circumstances. Courts recognize that when one partner sacrifices career advancement to raise children, manage the household, or support their spouse’s professional growth, they shouldn’t be left destitute when the marriage ends. It’s worth noting that alimony isn’t automatic. Not every divorce results in spousal support payments. Courts evaluate each situation individually, considering factors like income differences, the length of the marriage, and each spouse’s ability to become self-supporting. And unlike [child support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/), which follows more rigid guidelines, alimony determinations tend to involve more judicial discretion. We often tell our clients that understanding alimony starts with understanding your specific situation. What worked for your neighbor’s divorce may look completely different from what’s appropriate for yours. That’s why having [experienced family law attorneys](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) on your side matters, we can help you understand what to realistically expect. ## Types of Spousal Support Not all alimony is created equal. Courts have developed several types of spousal support to address different situations and needs. Here’s what you should know about each. ### Temporary Support Temporary spousal support, sometimes called “pendente lite” support, is awarded while the divorce is still pending. Think of it as a financial bridge. When one spouse has been the primary breadwinner, the other may struggle to cover basic expenses like rent, utilities, and groceries during what can be a lengthy divorce process. Temporary support ends once the divorce is finalized. At that point, the court will decide whether ongoing support is appropriate, and if so, what type. This form of alimony simply ensures both parties can function financially while legal proceedings unfold. ### Rehabilitative Support This is probably the most common type of spousal support awarded today. Rehabilitative alimony is designed to help a spouse become self-sufficient. Maybe they need to finish a degree, obtain job training, or update skills that have gotten rusty during the marriage. The key feature here is that rehabilitative support has an end date. Courts typically set a specific timeframe, say, three to five years, during which the receiving spouse is expected to gain the education or experience needed to support themselves. Once that period expires, the payments stop. We’ve seen rehabilitative support work well for clients who gave up careers to raise children. It provides breathing room to re-enter the workforce without the pressure of immediate financial desperation. ### Permanent Support Even though its name, permanent alimony isn’t always truly permanent. But it does continue indefinitely until certain conditions are met, typically the death of either spouse, the remarriage of the recipient, or a significant change in circumstances. Permanent support is becoming less common than it once was, but courts still award it in specific situations. Long-term marriages where one spouse is older or has health issues that limit their earning capacity often qualify. If someone spent 30 years as a homemaker and is now in their 60s, expecting them to suddenly launch a career simply isn’t realistic. The trend in family law has been moving away from permanent alimony toward rehabilitative models, but each case depends on its unique facts. ## How Courts Determine Alimony Awards So how do judges actually decide who gets alimony and how much? While every state has its own guidelines, certain factors consistently come into play. ### Duration of Marriage and Income Disparity Two of the biggest factors courts consider are how long the marriage lasted and the difference in each spouse’s income. Generally speaking, longer marriages are more likely to result in alimony awards, and those awards tend to be larger and last longer. Why? Because in a lengthy marriage, the spouses’ finances have become deeply intertwined. A stay-at-home parent who hasn’t worked in 20 years faces a very different situation than someone leaving a five-year marriage where both partners maintained careers. Income disparity matters too. If one spouse earns $200,000 annually while the other makes $30,000, courts will likely find some support appropriate. But if both spouses have similar earning capacities, alimony becomes less necessary. Courts look at actual income as well as earning potential, meaning a spouse who voluntarily reduces their income may still be assessed based on what they could earn. ### Standard of Living and Future Earning Potential Courts also consider the standard of living established during the marriage. The idea isn’t necessarily that both spouses maintain identical lifestyles post-divorce, but the marital standard serves as a reference point for what’s reasonable. Future earning potential is equally important. A 35-year-old with a law degree who took time off to raise kids has different prospects than a 55-year-old with limited education and work experience. Courts will evaluate age, health, education, work history, and marketable skills when projecting what each spouse can realistically earn going forward. Other factors judges commonly weigh include: - Contributions to the marriage (including homemaking and child-rearing) - Any prenuptial or postnuptial agreements addressing support - The time and expense needed for the receiving spouse to acquire sufficient education or training - Tax consequences of potential support arrangements - Any history of domestic violence At O’Dekirk, Allred & Associates, LLC, our family [law attorneys understand](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) these factors inside and out. We’ve handled countless spousal support cases and know how to present your situation effectively, whether you’re seeking support or defending against an unreasonable request. ## Modifying or Terminating Spousal Support Life doesn’t stand still after divorce. Jobs are lost, health changes, people remarry. What happens to alimony when circumstances shift significantly? The good news is that spousal support orders aren’t necessarily set in stone. Either party can request a modification if there’s been a substantial change in circumstances. Common reasons for modification include: - The paying spouse loses their job or experiences a significant income reduction - The receiving spouse obtains employment or substantially increases their income - Either party experiences serious illness or disability - The receiving spouse begins cohabiting with a new partner - Retirement of the paying spouse Here’s what’s important to understand: you can’t just stop paying because your situation changed. You need to go back to court and get the modification approved. Until a judge signs off on new terms, the original order remains in effect, and failing to pay can result in serious consequences, including contempt of court. Termination of alimony typically occurs when the receiving spouse remarries. In many states, cohabitation with a romantic partner can also trigger termination or reduction, though proving cohabitation can be tricky. Death of either party generally ends the obligation as well, though some agreements specify that payments continue to the recipient’s estate. We always tell clients to keep detailed records and act promptly when circumstances change. If you’re entitled to a modification, waiting too long can mean leaving money on the table, or continuing to pay more than you should. Our attorneys can help you navigate modification requests and ensure your rights are protected throughout the process. ## Tax Implications of Alimony Payments Here’s something that catches many people off guard: the tax treatment of alimony changed significantly with the Tax Cuts and Jobs Act of 2017. If your divorce was finalized after December 31, 2018, the rules are different than they were for decades. Under the old rules, the spouse paying alimony could deduct those payments from their taxable income, while the receiving spouse had to report the payments as income. This created some planning opportunities and often influenced how divorce settlements were structured. Now? For divorces finalized after 2018, alimony payments are no longer deductible by the payer, and the recipient doesn’t report them as income. The IRS treats these payments as a simple transfer of after-tax dollars. What does this mean practically? For the paying spouse, alimony became more expensive since they can’t reduce their tax burden. For the receiving spouse, payments are effectively worth more since they’re not taxed. This shift has changed how many divorce negotiations play out, with some couples opting for different settlement structures, like more property division and less ongoing support, to account for the new tax reality. If your divorce was finalized before 2019, the old rules still apply unless you’ve modified your agreement and specifically elected to use the new treatment. This is one of those areas where getting professional advice is essential, both from your family [law attorney](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) and potentially a tax professional. Child support, by the way, has never been tax-deductible for the payer or taxable for the recipient. Don’t confuse the two when planning your finances. ## Conclusion Spousal support can significantly impact your financial future, whether you’re the one paying or receiving. Understanding the different types of alimony, how courts make their determinations, and your options for modification puts you in a stronger position to advocate for your interests. Every divorce situation is different. The length of your marriage, your income, your spouse’s earning potential, and dozens of other factors all influence what spousal support arrangement makes sense. That’s why cookie-cutter advice only goes so far. At O’Dekirk, Allred & Associates, LLC, our experienced family law attorneys have in-depth knowledge of spousal support issues in Illinois. We’ve helped clients in Joliet and throughout the region navigate complex maintenance negotiations, advocate for fair support awards, and pursue modifications when circumstances change. We understand that this is about more than money, it’s about building a stable foundation for your next chapter. If you’re facing [divorce and have questions](https://www.odekirklaw.com/7-questions-to-ask-your-divorce-attorney/) about alimony, don’t go it alone. Contact us today for a free consultation, and let us help you understand your options and protect your financial future. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Lawyers --- ### [Family Law Attorney Joliet](https://www.odekirklaw.com/family-law-attorney-joliet/) **Published:** March 16, 2016 **Author:** O'Dekirk Law **Content:** ![]() You know families can be complicated and sometimes they have problems that need legal help being resolved. That’s where O’Dekirk, Allred & Associates can help you figure out a solution. Their [family law attorney in Joliet](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) can help you find your way through the emotional and stressful family situations that require legal help. They will work with you through every step of the process to keep you informed and protected while helping your case avoid unnecessary expenses. It’s times like these where you need someone on your side. Their knowledgeable and experienced [family law attorney in Joliet](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) can guide you through your divorce, child support modification, or post-divorce dispute. At [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) the goal of their [family law attorney in Joliet](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) is to work towards an amicable resolution, but sometimes it can’t be resolved without a judge’s decision. If that’s the case, your [family law attorney in Joliet](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) will strongly advocate for you in the courtroom and at every phase of the case. Their areas of expertise includes: - Divorce - Child Custody and Visitation - Child Support and Maintenance - Orders of Protection - Paternity - Adoption - Post-Divorce Disputes - Prenuptial Agreements From emotional stress to financial troubles, [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) knows family issues can be hard to resolve. They all have families, they understand. But they can help you handle it all, from giving good legal advice to providing an aggressive courtroom legal strategy. They will take the necessary steps to resolve things in your favor. Call them, they will [understand and give you the legal support](https://www.odekirklaw.com/understanding-alimony-spousal-support/) you need to get the answers you are looking for. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Attorney Joliet, Family Law Attorney Joliet, Find Family Law Attorney Joliet, Search Family Law Attorney Joliet --- ### [How Child Support Is Calculated in Illinois](https://www.odekirklaw.com/child-support-calculated-illinois/) **Published:** April 16, 2026 **Author:** O'Dekirk Law **Content:** Figuring out child support in Illinois can feel overwhelming, especially when you’re already dealing with the emotional weight of a divorce or custody matter. The good news? Illinois uses a structured formula that, once you understand it, becomes much more predictable than you might expect. Since 2017, Illinois has relied on the “Income Shares Model” to calculate child support. This approach considers both parents’ incomes and aims to provide children with the same proportion of financial resources they would have received if the family had stayed together. It’s a fairer system than the old percentage-of-income method, but it does come with its own complexities. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless families in Joliet and throughout Illinois through the child support process. We know the questions that keep parents up at night: What income counts? How does parenting time factor in? Can the amount ever change? In this guide, we’ll break down exactly how child support is calculated in Illinois and what you need to know to protect your family’s interests. ## Understanding the Income Shares Model Illinois abandoned its old “percentage of income” model back in 2017 in favor of the Income Shares Model, and for good reason. The previous system only looked at the non-custodial parent’s income, which often led to unfair outcomes. The Income Shares Model takes a more holistic approach. Here’s how it works in practice: both parents’ net incomes are combined to determine the total household income available to [support the child](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/). Illinois then uses statutory guidelines, essentially a table based on economic data about what families typically spend on children, to determine the basic child support obligation. For example, let’s say Parent A earns $60,000 annually and Parent B earns $40,000. The combined income is $100,000. If the statutory table indicates that parents earning $100,000 combined typically spend $18,000 per year on one child, that becomes the basic support obligation. But we’re not done yet. Each parent’s share is calculated proportionally. Parent A earns 60% of the combined income, so they’re responsible for $10,800 of that obligation. Parent B covers the remaining 40%, or $7,200. The parent who has less parenting time (often called the “non-residential parent”) typically pays their share directly to the other parent. This ensures that the child’s standard of living remains as consistent as possible, regardless of which home they’re in at any given time. One thing we always tell our clients: the Income Shares Model isn’t just about math. It’s about ensuring children don’t bear the financial burden of their parents’ separation. ## What Counts as Income for Child Support When [calculating child support](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/), Illinois courts cast a pretty wide net when defining “income.” This isn’t limited to your regular paycheck, not by a long shot. Income for child support purposes includes: - Wages, salaries, and commissions - Bonuses and overtime pay - Self-employment income - Social Security benefits - Pension and retirement payments - Unemployment and workers’ compensation - Interest and dividend income - Rental income - Trust income - Annuity payments - Capital gains Basically, if money is coming in, it’s likely going to be considered. Courts want to capture the full financial picture of what each parent actually has available. That said, certain types of income are excluded. Public assistance benefits (like SNAP or TANF), child support received for other children, and income from overtime that’s not guaranteed typically won’t count toward the calculation. ### Gross Income vs. Net Income Here’s where things get a bit more technical, and where we see a lot of confusion among our clients. Illinois uses **net income** for child support calculations, not gross income. The difference matters significantly. Gross income is everything you earn before any deductions. Net income is what remains after certain standardized deductions are applied. These standardized deductions include: - Federal and state income taxes (based on the appropriate filing status) - Social Security and Medicare taxes (FICA) - Mandatory retirement contributions required by your employer - Union dues - Health insurance premiums for the parent (not the children, that’s handled separately) - Prior child support or maintenance obligations for other relationships Notice what’s *not* on that list: 401(k) contributions, car payments, credit card debt, or voluntary deductions. Those don’t reduce your income for child support purposes. We often work with clients who are surprised by their calculated net income. It’s usually higher than what they see on their take-home paycheck because the court’s standardized deductions differ from what your employer actually withholds. ## How Parenting Time Affects Support Amounts Here’s something that trips up a lot of parents: the amount of time you spend with your [child directly impacts your child support calculation](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/). Illinois law recognizes that when a child spends significant time with both parents, both parents are incurring direct expenses for that child’s care. Illinois uses a threshold of 146 overnights per year (roughly 40% of the year) to determine whether a “shared parenting” adjustment applies. If the parent with less time has the child for fewer than 146 overnights, the standard calculation applies. But if that parent has the child for 146 nights or more, a different formula kicks in that can substantially reduce the support obligation. Why? Because when you have your child nearly half the time, you’re already paying for their food, activities, utilities, and everyday needs directly. The shared parenting formula accounts for this by reducing the transfer payment between households. Let’s put some numbers to this. Using our earlier example where Parent A would owe $10,800 annually under the standard calculation: if Parent A actually has the child 180 overnights per year, that obligation could drop significantly, sometimes by 30% or more, depending on the specific circumstances. This is one area where we see a lot of negotiation during custody discussions. Parents understandably want to maximize their time with their children, and the financial implications of parenting time often add another layer to those conversations. Our role is to help clients [understand how different parenting schedules might affect support](https://www.odekirklaw.com/understanding-effect-new-illinois-child-support-rules-2017/) while keeping the focus on what’s genuinely best for the child. One important note: you can’t just claim extra overnights to reduce support. The [parenting time must be formalized in your parenting plan](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/) and actually exercised. Courts will verify that the overnight schedule is being followed. ## Additional Expenses Beyond Basic Support The basic child support obligation covers ordinary expenses, food, clothing, shelter, and similar day-to-day costs. But raising a child involves plenty of expenses that fall outside that “ordinary” category, and Illinois law addresses these separately. These additional expenses are typically divided between parents in proportion to their respective incomes (the same ratio used for basic support). Common additional expenses include: - Healthcare costs not covered by insurance - Childcare expenses related to work or education - Educational expenses (including extracurricular activities in some cases) - Transportation costs for parenting time exchanges ### Healthcare and Childcare Costs Healthcare deserves special attention because it’s often one of the largest additional expenses families face. First, the court will order one parent, usually whoever can obtain coverage at a more reasonable cost, to maintain health insurance for the child. The premium cost for the [child’s coverage is then factored into the support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) calculation or divided between parents. But insurance doesn’t cover everything. Copays, deductibles, prescription costs, orthodontia, therapy, glasses, these out-of-pocket expenses add up quickly. Illinois requires parents to share these unreimbursed medical expenses proportionally. If Parent A earns 60% of the combined income, they’ll cover 60% of that $500 dental bill the insurance didn’t fully pay. Childcare is handled similarly. When a parent needs childcare to work or attend school, that cost gets added to the basic [support obligation](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) and divided proportionally. We’re talking about daycare, after-school programs, summer camps during work hours, essentially, the care required so parents can maintain their income. These expenses must be reasonable and necessary. A parent can’t unilaterally sign the child up for a $5,000 summer enrichment program and demand the other parent cover their share without prior agreement or court approval. We always advise clients to communicate about major expenses beforehand and, when possible, get agreements in writing. ## Deviations From the Standard Calculation The Income Shares Model provides a starting point, but Illinois courts recognize that every family is different. Sometimes, applying the standard formula would produce an outcome that’s unjust or inappropriate given the specific circumstances. Courts can deviate from the calculated amount, either upward or downward, when the standard number wouldn’t adequately address the child’s needs or would be inequitable to one of the parents. Factors that might justify a deviation include: **Factors that might increase support:** - A child’s special needs requiring additional care or equipment - Extraordinary educational expenses - A significantly higher standard of living that the child enjoyed before the separation - One parent’s attempt to hide income or understate earnings **Factors that might decrease support:** - The paying parent’s support of other dependents not covered by existing orders - Extraordinary travel expenses for parenting time (common when parents live far apart) - The child’s own income or assets - A financial hardship that would make the standard amount genuinely unmanageable Deviations aren’t granted lightly. The parent requesting the deviation carries the burden of proving why the standard calculation is inappropriate. Courts will examine the evidence carefully and must explain their reasoning if they order an amount different from the guidelines. We’ve successfully argued for deviations in both directions for our clients. Sometimes a [child’s medical needs genuinely require more support](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) than the formula suggests. Other times, a parent’s unique circumstances, like substantial debt from the marriage or support of elderly family members, warrant a reduction. The key is presenting compelling evidence and a clear legal argument for why deviation serves the child’s best interests. ## Modifying Child Support Orders Child support orders aren’t carved in stone. Life changes, and Illinois law allows for modifications when circumstances shift significantly. To modify a child support order, you generally need to demonstrate a “substantial change in circumstances” since the original order was entered. Common qualifying changes include: - A significant increase or decrease in either parent’s income (job loss, promotion, career change) - Changes in the child’s needs (new medical condition, educational requirements) - Changes in parenting time (one parent now has the child substantially more or less) - Changes in the cost of health insurance or childcare - Incarceration of the paying parent - Emancipation of a child in a multiple-child order Illinois also has a built-in review mechanism. Either parent can request a review every three years, and if the recalculated amount differs from the current order by at least 20% (or $100 per month, whichever is less), modification is presumed appropriate. Here’s what many parents don’t realize: modifications aren’t automatic, and they’re not retroactive. If your income drops dramatically, you can’t just stop paying the current amount. You must file a petition to modify and continue paying the existing order until the court rules otherwise. The modification typically takes effect from the date you filed, not from when your circumstances changed. This is why we always urge clients to act quickly when their situation changes. Waiting six months to file while struggling to pay the current amount can result in significant arrears that you’ll still owe even after modification. At O’Dekirk, Allred & Rhodes, LLC, we handle child support modifications regularly. Whether you’re seeking an increase because your ex received a substantial raise, or you need a reduction due to unforeseen hardship, we can help you navigate the modification process efficiently. ## Conclusion Understanding how child support is calculated in Illinois doesn’t eliminate the stress of going through the process, but it does help you know what to expect and how to advocate for your family’s interests. The Income Shares Model aims for fairness by considering both parents’ financial contributions. Your actual obligation will depend on both incomes, the amount of parenting time each parent exercises, and additional expenses like healthcare and childcare. And while the guidelines provide structure, courts maintain flexibility to deviate when circumstances warrant and to modify orders when life changes. If you’re facing a child support matter, whether you’re establishing an initial order, seeking modification, or dealing with a post-divorce dispute, having experienced legal counsel makes a real difference. Our family [law attorneys](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) at O’Dekirk, Allred & Rhodes, LLC have helped families throughout Joliet and the surrounding counties navigate these issues for years. We understand the local court system, we know the law inside and out, and we’re committed to helping you achieve the best possible outcome for your family. Reach out to our team when you’re ready to discuss your situation. We’re here to help. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Find Family Law Attorney Joliet --- ### [Family Law Lawyers](https://www.odekirklaw.com/family-law-lawyers/) **Published:** April 27, 2016 **Author:** O'Dekirk Law **Content:** ![]() You know families can be complicated and sometimes they have problems that need legal help being resolved. That’s where O’Dekirk, Allred & Associates can help you figure out a solution. Their [family law lawyers](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) can help you find your way through the emotional and stressful family situations that require legal help. At [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) the goal of their [family law lawyers](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) is to work towards an [amicable resolution,](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) but sometimes it can’t be resolved without a judge’s decision. If that’s the case, your [family law lawyers](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) will strongly advocate for you in the courtroom and at every phase of the case. They will work with you through every step of the process to keep you informed and protected while helping your case avoid unnecessary expenses. It’s times like these where you need someone on your side. Their knowledgeable and experienced [family law lawyers](https://www.odekirklaw.com/family-law-attorney-joliet-il.html) can guide you through your divorce, child support modification, or post-divorce dispute. Their areas of expertise includes: - Divorce - Child Custody and Visitation - Child Support and Maintenance - Orders of Protection - Paternity - Adoption - Post-Divorce Disputes - Prenuptial Agreements From emotional stress to financial troubles, [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) knows family issues can be hard to resolve. They all have families, they understand. But they can help you handle it all, from giving good legal advice to providing an aggressive courtroom legal strategy. Call them, they will [understand and give you the legal support](https://www.odekirklaw.com/understanding-alimony-spousal-support/) you need to get the answers you are looking for. They will take the necessary steps to resolve things in your favor. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Lawyers, Family Law Lawyers, Looking for Family Law Lawyers, Need Family Law Lawyers --- ### [Protecting Assets During Divorce: What You Need to Know](https://www.odekirklaw.com/protecting-assets-divorce/) **Published:** March 14, 2026 **Author:** O'Dekirk Law **Content:** Divorce is rarely simple, and when significant assets are involved, the stakes get even higher. Whether you’ve spent years building a business, investing in real estate, or simply accumulating savings, the prospect of dividing everything with a soon-to-be ex-spouse can feel overwhelming, and frankly, unfair if you’re not prepared. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless clients through the complexities of divorce proceedings in Joliet and throughout the Southland area. We understand that protecting assets during divorce isn’t about hiding money or playing games. It’s about ensuring a fair outcome and safeguarding what you’ve worked hard to build. In this guide, we’ll walk you through the essential [steps for protecting your financial interests during divorce,](https://www.odekirklaw.com/five-steps-to-choosing-the-right-divorce-lawyer/) from understanding how property gets classified to avoiding costly mistakes that could hurt your case. Let’s get started. ## Understanding Marital vs. Separate Property Before you can protect your assets, you need to understand how courts classify them. In Illinois, property falls into two categories: marital property and separate (or non-marital) property. This distinction is critical because it determines what’s actually on the table during divorce proceedings. **Marital property** includes most assets acquired during the marriage, regardless of whose name is on the title. That house you bought together? Marital property. The retirement account your spouse contributed to during your years together? Also marital. Even the car you thought was “yours” because you made the payments, likely marital property if purchased during the marriage. **Separate property**, on the other hand, typically includes: - Assets owned before the marriage - Inheritances received by one spouse (even during the marriage) - Gifts given specifically to one spouse - Property excluded by a valid prenuptial agreement - Proceeds from judgments awarded to one spouse Here’s where things get complicated. Separate property can become “commingled” with marital assets, making it difficult, or impossible, to claim as non-marital. For example, if you inherited $50,000 and deposited it into a joint checking account that both spouses used for household expenses, that inheritance may have lost its separate character. We’ve seen this scenario play out countless times. Someone assumes an asset is protected simply because they owned it before getting married, only to discover during divorce proceedings that years of commingling have muddied the waters. The key takeaway? Documentation matters. The more clearly you can trace an asset back to its separate origins, the stronger your position will be. ## Taking Inventory of Your Assets You can’t protect what you don’t know exists. One of the first [steps in any divorce](https://www.odekirklaw.com/five-steps-to-choosing-the-right-divorce-lawyer/) is conducting a thorough inventory of all assets, and debts, accumulated during the marriage. This isn’t just busywork: it’s the foundation for everything that follows. Start by making a comprehensive list of everything you own, both individually and jointly. This includes obvious things like bank accounts and [real estate,](https://www.odekirklaw.com/real-estate/) but also items people often overlook: retirement accounts, stock options, business interests, valuable collections, digital assets, and even frequent flyer miles. Don’t forget about debts either. Credit card balances, mortgages, car loans, student loans, and personal loans all factor into the overall financial picture. In many cases, debts accumulated during marriage are divided just like assets. ### Financial Documents to Gather The documentation phase can feel tedious, but it’s absolutely essential. We recommend gathering: - **Bank statements** – At least 3-5 years of statements for all checking, savings, and money market accounts - **Tax returns** – Federal and state returns for the past 3-5 years, including all schedules and attachments - **Pay stubs and employment records** – Recent pay stubs showing income, bonuses, and deductions - **Retirement account statements** – 401(k)s, IRAs, pensions, and any other retirement vehicles - **Investment account statements** – Brokerage accounts, mutual funds, stock certificates - **Real estate documents** – Deeds, mortgage statements, property tax bills, and recent appraisals - **Business records** – If either spouse owns a business, gather tax returns, profit/loss statements, and valuation documents - **Insurance policies** – Life insurance, disability insurance, and any policies with cash value - **Debt documentation** – Credit card statements, loan agreements, and outstanding balances A word of caution: don’t assume you can simply access these documents later. Once divorce proceedings begin, the dynamic between spouses often changes quickly. Gather copies of important financial documents while you still have easy access to them. If you suspect your spouse may be hiding assets or has already started moving money around, bring this up with your attorney immediately. There are legal discovery tools available to uncover hidden assets, but the sooner we know about potential issues, the better. ## Legal Strategies for Asset Protection When it comes to protecting assets during divorce, timing and strategy matter enormously. Some protective measures need to be implemented long before divorce is even on the horizon, while others can be addressed once proceedings begin. ### Prenuptial and Postnuptial Agreements Prenuptial agreements often get a bad reputation, people assume they’re only for the ultra-wealthy or that requesting one signals distrust. But in reality, prenups are simply practical planning tools that can benefit couples at virtually any income level. A well-drafted [prenuptial agreement](https://www.odekirklaw.com/family-law/prenuptial-agreements/) can: - Clearly define which assets remain separate property - Establish how marital property will be divided if divorce occurs - Protect business interests from division - Address spousal support expectations - Shield one spouse from the other’s pre-existing debts Already married without a prenup? A postnuptial agreement serves a similar purpose and can be executed at any point during the marriage. While postnuptials face slightly more scrutiny in court, they remain a valuable tool for couples who want to clarify financial expectations. At O’Dekirk, Allred & Rhodes, we’ve helped numerous clients draft enforceable [prenuptial and postnuptial agreements](https://www.odekirklaw.com/illinois-law-prenuptial-agreements/). The key is ensuring both parties have independent legal representation, full financial disclosure is made, and the agreement is executed well in advance of any wedding date (for prenups) or under circumstances that don’t suggest coercion. ### Trusts and Separate Accounts Trusts can be powerful asset protection tools, but they must be established correctly and for legitimate purposes, not simply to hide assets from a spouse during divorce. Courts don’t look kindly on last-minute trust transfers that appear designed to defraud the other party. That said, trusts established well before marital difficulties arise can provide genuine protection. Irrevocable trusts, in particular, remove assets from your personal ownership, potentially placing them beyond the reach of divorce proceedings. Family trusts that hold inherited wealth can also help preserve those assets as separate property. Maintaining separate accounts for non-marital assets is another straightforward strategy. If you receive an inheritance, consider keeping it in a separately titled account and avoiding commingling with marital funds. Document the source of deposits carefully. This paper trail can prove invaluable if you later need to demonstrate an asset’s non-marital character. One important note: once divorce appears imminent, moving assets around or opening new accounts can backfire. Courts require full financial disclosure, and attempts to obscure assets during this phase can result in serious consequences, including unfavorable rulings and potential contempt findings. ## Common Mistakes to Avoid We’ve seen clients inadvertently damage their own cases through well-intentioned but misguided actions. Here are the mistakes we encounter most frequently: **Hiding or dissipating assets.** This is probably the biggest mistake you can make. Transferring assets to friends or family members, making large purchases to “spend down” marital funds, or underreporting income during divorce proceedings isn’t just unethical, it can result in severe penalties. Judges have broad discretion to award a larger share of marital assets to the other spouse if they discover attempted concealment. **Making major financial moves without legal guidance.** The urge to “protect yourself” by draining joint accounts or selling property is understandable, but premature actions often create more problems than they solve. Once divorce is filed, automatic restraining orders typically prevent both parties from dissipating marital assets. Acting before consulting with an attorney can put you in a difficult legal position. **Neglecting digital and intangible assets.** Cryptocurrency, online businesses, intellectual property, and even social media accounts with monetary value are frequently overlooked during asset inventories. Don’t make assumptions about what’s “worth” including. **Underestimating your spouse’s knowledge.** If your spouse has been less involved in household finances, don’t assume they won’t discover assets you’d prefer they didn’t know about. Discovery processes exist precisely to uncover financial information, and forensic accountants can trace even well-hidden assets. **Letting emotions [drive decisions.](https://www.odekirklaw.com/charged-with-drunk-driving/)** Divorce is emotionally charged, and it’s tempting to make decisions based on anger, hurt, or a desire for revenge. But accepting a lopsided settlement just to “get it over with” or fighting over items of minimal value to “win” rarely serves your long-term interests. Try to approach asset protection with a clear head and strategic mindset. ## Working With Financial and Legal Professionals Protecting assets during divorce isn’t a solo try. The complexity of modern financial lives, retirement accounts subject to special division rules, business valuations, tax implications, [real estate,](https://www.odekirklaw.com/real-estate-residential-law-joliet-3/) debt allocation, demands professional guidance. An [experienced family law attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) serves as your primary advocate and strategist. We help you understand your rights, navigate court procedures, negotiate settlements, and litigate when necessary. At O’Dekirk, Allred & Rhodes, our attorneys bring extensive trial experience to every case, which strengthens our negotiating position even when cases settle outside the courtroom. Beyond legal counsel, you may benefit from working with: - **Forensic accountants** who can trace assets, uncover hidden income, and analyze complex financial situations - **Business valuation experts** if either spouse owns a business interest that needs to be accurately valued - **Financial advisors** who can model different settlement scenarios and their long-term impact on your financial security - **Tax professionals** who understand the tax implications of various asset division strategies The cost of assembling a professional team might seem daunting, but consider the alternative: accepting an unfair settlement or making costly mistakes that affect your financial future for decades. Investing in proper representation and expertise typically pays for itself many times over. We also believe in clear communication at every step. Our clients are never left wondering what’s happening with their case. We keep you informed, explain your options in plain language, and ensure you understand the implications of each decision. Your input matters, eventually, these are your assets and your life. ## Conclusion Protecting assets during divorce requires preparation, documentation, and sound legal strategy. By understanding the distinction between marital and separate property, taking thorough inventory of your finances, avoiding common pitfalls, and working with experienced professionals, you position yourself for the best possible outcome. Every divorce is different. The strategies that work for one client may not be appropriate for another. That’s why personalized legal guidance is so valuable, cookie-cutter advice simply doesn’t account for the nuances of individual situations. At O’Dekirk, Allred & Rhodes, we’ve helped clients throughout Joliet, Illinois and the surrounding Southland area navigate even the most complex divorce proceedings. Our goal is always to work toward an amicable resolution when possible, but we’re fully prepared to advocate aggressively for your interests in the courtroom if that’s what your case requires. If you’re facing divorce and concerned about protecting your assets, don’t wait until problems arise. Contact us today for a free consultation. We’ll review your situation, explain your options, and help you develop a strategy tailored to your specific circumstances. You’ve worked hard for what you have, let us help you protect it. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Attorney Joliet --- ### [Protecting Your Parental Rights During a Custody Battle](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) **Published:** March 28, 2026 **Author:** O'Dekirk Law **Content:** Few things in life feel more important than your relationship with your children. When that relationship is threatened by a custody dispute, the stakes couldn’t be higher, and the legal process can feel overwhelming. We’ve seen firsthand how parents struggle to navigate these emotionally charged situations while trying to make decisions that will affect their families for years to come. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless parents through custody battles in Joliet, Illinois, and the surrounding Southland area. We understand that family is the most important thing in your life, and we’re committed to helping you protect your parental rights every step of the way. In this guide, we’ll walk you through what you need to know about safeguarding your role as a parent during a custody battle, from understanding your legal rights to avoiding costly mistakes. ## Understanding Your Legal Rights as a Parent Before diving into strategy, it’s crucial to understand what parental rights actually mean under the law. In Illinois, custody matters fall under the category of “Allocation of Parental Responsibilities and Parenting Time.” This includes two main components: decision-making authority (who makes major decisions about education, healthcare, religion, and extracurricular activities) and parenting time (the schedule determining when your child is with each parent). Both parents generally start with equal rights to their children. The court doesn’t automatically favor mothers over fathers or vice versa, what matters is what’s in the best interest of the child. This is a common misconception we encounter, and it’s important to set realistic expectations from the start. Your rights as a parent include: - The right to spend time with your child - The right to participate in major decisions affecting your child’s life - The right to access your child’s medical, educational, and other records - The right to be informed about significant events in your child’s life These rights can only be limited or terminated by a court order, and even then, only under specific circumstances. If you’re unmarried and haven’t established paternity, but, your rights may not be automatically recognized, this is where legal action becomes essential. Understanding these fundamentals puts you in a stronger position to advocate for yourself. Too many parents enter custody disputes without knowing what they’re entitled to, which can put them at a disadvantage before they even step into a courtroom. ## Factors Courts Consider in Custody Decisions Illinois courts focus on one overarching principle: the best interest of the child. But what does that actually look like in practice? The court evaluates a range of factors to determine custody arrangements, and knowing what judges look for can help you present your case more effectively. Some of the key factors include: - **Each parent’s willingness to help a relationship** between the child and the other parent. Courts look unfavorably on parents who try to alienate children from the other parent. - **The child’s adjustment** to their home, school, and community. - **The mental and physical health** of all parties involved. - **Each parent’s history of involvement** in the child’s daily life and activities. - **The child’s wishes**, if they’re mature enough to express a reasoned preference. - **Any history of domestic violence, abuse, or neglect**, this is taken extremely seriously and can significantly impact custody decisions. - **Each parent’s ability to cooperate** and make joint decisions about the child. One factor that surprises some parents: the court also considers which parent is more likely to [support and encourage the child](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)‘s relationship with the other parent. If you’ve been badmouthing your co-parent to your kids or refusing to cooperate on scheduling, this can work against you. We’ve seen cases where a parent’s behavior during the custody process itself became a determining factor. Judges pay attention to how you conduct yourself, not just your past parenting record, but your present actions and attitude. ## Building a Strong Case for Custody A successful custody case doesn’t happen by accident. It requires careful preparation, thorough documentation, and experienced legal guidance. Here’s how to build the strongest possible case for your parental rights. ### Documenting Your Involvement and Parenting History One of the most powerful tools in a custody case is evidence of your consistent, active involvement in your child’s life. Start documenting now, even if you think your case won’t go to trial. Keep records of: - School events you’ve attended (conferences, performances, sports games) - Medical appointments you’ve taken your child to - Daily caregiving activities like preparing meals, helping with assignments, and bedtime routines - Communication logs with your co-parent (save texts and emails) - Photos and videos showing your involvement in your child’s life A parenting journal can be incredibly valuable. Note the time you spend with your child, activities you do together, and any concerns that arise. Be factual and avoid emotional language, these records may end up being reviewed by attorneys or even the court. If there are witnesses to your parenting, teachers, coaches, family members, or neighbors, they may be able to provide testimony or written statements supporting your involvement. We’ve seen cases where a child’s teacher’s testimony about which parent consistently showed up for school events made a real difference. ### Working With an Experienced Family Law Attorney Custody battles are too important to navigate alone. An [experienced family law attorney](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) brings in-depth knowledge of the legal system, courtroom experience, and strategic thinking that can significantly impact your outcome. At O’Dekirk, Allred & Rhodes, LLC, our family law attorneys have extensive trial experience in [allocation of parental responsibilities](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) and parenting time cases. We know how local courts operate, what judges look for, and how to present your case in the most compelling way possible. A good attorney will help you: - Understand your rights and realistic expectations - Develop a strategy tailored to your specific situation - Gather and organize evidence effectively - Prepare for mediation, hearings, and potential trial - Avoid mistakes that could jeopardize your case We work with clients through every step of the process to keep them informed and protected while expediting cases to avoid unnecessary expenses. Our goal is always to work toward an amicable resolution when possible, but we will strongly advocate for you in the courtroom should the need arise. ## Common Mistakes That Can Jeopardize Your Parental Rights We’ve seen plenty of custody cases where a parent’s own actions, not the other parent’s arguments, ended up hurting their case. Avoiding these common mistakes can make a significant difference in your outcome. **Moving out of the family home without a plan.** If you leave the home and your children stay with your co-parent, this can establish a status quo that’s hard to change. Before making any major moves, consult with an attorney about the implications. **Badmouthing your co-parent.** Venting about your ex to your children puts them in the middle and can be seen as parental alienation. Courts take this seriously, and it can count against you. **Violating court orders.** Even if you disagree with a temporary custody arrangement, violating it shows the court you can’t be trusted to follow rules. This is one of the quickest ways to damage your credibility. **Posting on social media.** That frustrated rant on Facebook? Screenshots can and will be used against you. Photos of you partying or engaging in questionable behavior? Those can show up in court too. The safest approach is to assume everything you post will be seen by a judge. **Refusing to cooperate or communicate.** Stonewalling your co-parent or being inflexible about scheduling makes you look difficult to work with. Courts want to see [parents who can co-parent](https://www.odekirklaw.com/?p=1291) effectively. **Neglecting your own mental health.** Custody battles are stressful, and if you’re struggling, it can affect your parenting and your case. Seeking therapy or counseling isn’t a sign of weakness, it’s a sign that you’re taking care of yourself so you can take care of your children. **Representing yourself.** While you have the right to represent yourself, custody law is complex, and the stakes are too high to risk. A knowledgeable [attorney can help you avoid](https://www.odekirklaw.com/avoid-foreclosure-with-a-real-estate-attorney/) pitfalls you might not even see coming. ## Navigating Communication With Your Co-Parent How you communicate with your co-parent during a custody battle matters, a lot. Every text, email, and voicemail could potentially become evidence, and your communication style can influence the court’s perception of you as a co-parent. Keep your communications: - **Business-like and focused on the children.** This isn’t the time to rehash old arguments or express your feelings about the relationship. Stick to logistics and child-related matters. - **Written when possible.** Text messages and emails create a record. This protects you if your co-parent later misrepresents what was said, and it gives you documentation to share with your attorney. - **Respectful, even when it’s hard.** We know this can be incredibly difficult, especially if your co-parent isn’t being respectful in return. But taking the high road demonstrates to the court that you can put your children’s needs first. - **Responsive within reason.** Ignoring legitimate requests about your children looks bad. Respond to reasonable communications in a timely manner. If communication with your co-parent is particularly contentious, consider using a co-parenting app like OurFamilyWizard or TalkingParents. These platforms create timestamped records of all communications and can reduce conflict by keeping everything documented. One thing we tell our clients: before you send any message to your co-parent, imagine a judge reading it. If you wouldn’t be comfortable with that, don’t send it. Take a breath, step away, and come back when you’re calm. ## Protecting Your Rights During Mediation and Court Proceedings Many custody cases in Illinois go through mediation before, or instead of, going to trial. Understanding how to protect your rights in both settings is essential. **In mediation:** Mediation can be a valuable opportunity to reach an agreement without the expense and stress of a trial. But, don’t mistake it for a casual conversation. Come prepared with a clear understanding of what you want and what you’re willing to compromise on. Have your attorney help you prepare. While attorneys typically don’t participate directly in mediation sessions, you can consult with yours before and after each session. Know your priorities and your boundaries. Be willing to negotiate, but don’t agree to anything you’re not comfortable with just to avoid conflict, any agreement you reach will likely become a court order. **In court proceedings:** If your case goes to court, preparation is everything. Work [closely with your attorney](https://www.odekirklaw.com/qualified-real-estate-attorneys-can-make-your-closing-a-breeze/) to understand what to expect, what questions you might be asked, and how to present yourself. Dress appropriately and arrive on time. Address the judge respectfully. Answer questions honestly and directly, don’t ramble or volunteer information that wasn’t asked for. Stay calm, even if the other side says things that upset you. Your demeanor in the courtroom matters. If you’ve been contacted by DCFS (Department of Children and Family Services) in connection with your custody case, contact an attorney immediately. DCFS investigations can significantly impact custody proceedings, and having experienced legal representation is crucial. At O’Dekirk, Allred & Rhodes, LLC, our lawyers are experienced in DCFS defense and can help you navigate these complex proceedings while protecting your parental rights. Remember: the goal isn’t just to “win” in court. It’s to secure a custody arrangement that protects your relationship with your children and serves their best interests. ## Conclusion Protecting your parental rights during a custody battle requires knowledge, preparation, and the right legal support. From understanding your rights to avoiding common pitfalls, every decision you make can impact your relationship with your children for years to come. The most important takeaway? Don’t go through this alone. Custody disputes are emotionally and legally complex, and having an experienced family [law attorney in your corner can make a real](https://www.odekirklaw.com/real-estate-residential-law-joliet-3/) difference in your outcome. At O’Dekirk, Allred & Rhodes, LLC, we’ve helped parents throughout Joliet, Illinois, and the surrounding Southland area protect their parental rights. Our thorough, experienced [lawyers will work with you through every step](https://www.odekirklaw.com/five-steps-to-choosing-the-right-divorce-lawyer/) of the process to keep you informed and protected. We understand that family is the most important thing in your life, and we’re committed to putting you in the best position to succeed. If you’re facing a custody battle and need guidance, contact us today for a free consultation. When you need the very best on your side, we’re here to help. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Family Law Attorney --- ### [Understanding Child Custody Laws in Illinois](https://www.odekirklaw.com/understanding-child-custody-laws-illinois/) **Published:** April 2, 2026 **Author:** O'Dekirk Law **Content:** Going through a custody dispute is one of the most emotionally challenging experiences a parent can face. The uncertainty, the legal jargon, the worry about your children’s future, it can feel overwhelming. But here’s the thing: understanding how Illinois handles custody cases can give you clarity and, more importantly, help you make informed decisions during this difficult time. Illinois made significant changes to its custody laws back in 2016, and many parents are still confused by the terminology and procedures involved. We’ve guided countless families through these proceedings, and we know that knowledge truly is power when it comes to [protecting your parental](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) rights. In this guide, we’ll break down everything you need to know about child custody laws in Illinois, from the basic terminology to how courts make their decisions and what happens if circumstances change down the road. ## Key Terminology in Illinois Custody Cases If you’ve started researching custody in Illinois, you’ve probably noticed that the state doesn’t actually use the term “custody” anymore in legal proceedings. This shift happened in 2016 with the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and it reflects a broader change in how we think about [parenting after divorce](https://www.odekirklaw.com/?p=1291) or separation. ### Parental Responsibilities What used to be called “legal custody” is now referred to as “parental responsibilities” or the “allocation of parental responsibilities.” This encompasses the major decision-making authority for your child’s life, things like education, healthcare, religious upbringing, and extracurricular activities. Parental [responsibilities can be allocated](https://www.odekirklaw.com/worried-about-allocation-of-parental-responsibilities-in-a-break-up/) in a few different ways. Parents might share decision-making authority equally, or one [parent might have primary responsibility](https://www.odekirklaw.com/worried-about-allocation-of-parental-responsibilities-in-a-break-up/) for certain areas while the other handles different ones. For instance, one parent might make educational decisions while the other handles medical decisions. In some cases, one parent receives sole decision-making authority across the board, though courts generally prefer arrangements that keep both parents involved when possible. The key thing to understand here is that [parental responsibilities](https://www.odekirklaw.com/worried-about-allocation-of-parental-responsibilities-in-a-break-up/) are about *decisions*, not time spent with your child. That’s a separate matter entirely. ### Parenting Time What most people think of as “physical custody” or “visitation” is now called “parenting time” in Illinois. This refers to the actual schedule, when your child will be with each parent. Parenting time schedules vary widely depending on the family’s circumstances. Some parents split time roughly 50/50, while others might have arrangements where one parent has the child during the school week and the other has weekends and extended summer time. The schedule should account for holidays, school breaks, and special occasions like birthdays. We often tell our clients that a good parenting time schedule isn’t necessarily about perfect equality, it’s about creating stability and consistency for your children while maintaining meaningful relationships with both parents. ## Types of Custody Arrangements in Illinois Even though Illinois has moved away from traditional custody terminology, it helps to understand the common arrangements families end up with. **Joint Allocation of Parental Responsibilities** is the most common outcome when both parents are fit and willing to cooperate. Under this arrangement, both parents share in making major decisions about their child’s welfare. This doesn’t mean every single decision requires a committee meeting, day-to-day choices are typically made by whoever has the child at that time. But the big stuff? That requires collaboration. **Sole Allocation of Parental Responsibilities** occurs when one parent is granted exclusive decision-making authority. Courts typically reserve this for situations where parents simply cannot communicate effectively, where one parent has been absent or uninvolved, or where there are concerns about abuse, neglect, or substance issues. **Split Parenting Time** arrangements come in many forms. The classic “every other weekend” schedule still exists, but we’re seeing more creative arrangements these days. Week-on/week-off schedules work well for some families. Others prefer a 2-2-3 rotation where parents alternate having the children for two days, two days, then three days, ensuring both parents get weekend time regularly. There’s no one-size-fits-all solution here. The arrangement that works beautifully for your neighbor might be completely wrong for your family. What matters is finding a schedule that serves your children’s needs while being practical for everyone involved. ## How Illinois Courts Determine Custody When parents can’t agree on custody arrangements, and believe us, we’ve seen plenty of cases where that’s impossible, the court steps in to make decisions. Understanding how judges approach these cases can help you prepare and set realistic expectations. ### Best Interests of the Child Standard Illinois courts use the “best interests of the child” standard as their guiding principle. This isn’t just a nice phrase, it’s codified in Illinois law and shapes every custody decision a judge makes. What does “best interests” actually mean? In practical terms, it means the court isn’t primarily concerned with what’s fair to Mom or Dad. The focus is squarely on the child. What environment will help this child thrive? What arrangement provides stability? Which parent can better meet the child’s emotional, educational, and physical needs? This can be frustrating for parents who feel they’ve been wronged in the marriage or relationship. But the court isn’t there to punish anyone or reward good behavior in the relationship, it’s there to protect the child. ### Factors Considered by the Court Under Section 602.5 of the IMDMA, Illinois courts must consider a specific list of factors when making custody decisions. These include: - **The wishes of each parent** and, depending on maturity, the wishes of the child - **The child’s adjustment** to their home, school, and community - **The mental and physical health** of everyone involved - **Each parent’s willingness** to help a close relationship between the child and the other parent - **Any history of violence** or abuse - **Whether a parent has been the child’s primary caregiver** - **The distance between the parents’ homes** and practical considerations for parenting time That fourth factor, willingness to help the other parent’s relationship, is one we emphasize to our clients. Courts take a dim view of parents who badmouth the other parent to the children or who try to alienate kids from their other parent. Judges notice these behaviors, and they can significantly impact custody decisions. Documentation matters here. If you’re heading into a contested custody case, keeping records of your involvement in your child’s life, communications with the other parent, and any concerning incidents can be invaluable. ## Creating a Parenting Plan In Illinois, parents going through custody proceedings must submit a parenting plan to the court. If you and your co-parent can agree on the terms, you’ll submit a joint parenting plan. If not, each of you submits your own proposed plan, and the court decides. A comprehensive [parenting plan](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/) should address: **The parenting time schedule** in detail. This means not just the regular weekly schedule but also holidays, school breaks, summer vacation, and special days like Mother’s Day, Father’s Day, and birthdays. The more specific you are, the fewer disputes you’ll have later. **Decision-making allocation.** Who makes decisions about education? Healthcare? Religious upbringing? Extracurricular activities? Your plan should clearly spell this out. **Communication protocols.** How will parents communicate with each other about the children? How will the children communicate with the non-custodial parent during parenting time? Many plans now include provisions about phone calls, video chats, and even social media. **Transportation arrangements.** Who picks up and drops off? Where do exchanges happen? This sounds mundane, but unclear transportation arrangements cause countless conflicts. **Right of first refusal.** Many plans include a provision that if one parent can’t care for the child during their parenting time (say, due to work travel), the other parent gets first dibs on that time before a babysitter or grandparent is called. We strongly encourage [parents to work together on a joint parenting plan](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/) whenever possible. You know your children and your family situation far better than any judge ever could. When parents create their own agreements, they tend to be more satisfied with the outcome and more likely to follow through on the terms. ## Modifying Custody Orders in Illinois Life changes. Kids get older. Parents relocate for work. Circumstances that made sense when your custody order was entered might not make sense two or five years later. Illinois [law allows for modification of custody orders,](https://www.odekirklaw.com/illinois-law-domestic-violence-and-orders-of-protection/) but there are specific requirements you need to meet. For **parenting time modifications**, you generally need to show a substantial change in circumstances that affects the child’s well-being. The court will again apply the best interests standard to determine whether the proposed change serves the child. For **modifications to parental responsibilities** (decision-making authority), the bar is higher. Within two years of the original order, you must show by clear and convincing evidence that the current arrangement seriously endangers the child. After two years, you can seek modification based on a substantial change in circumstances, though courts still want to see that modification would benefit the child. **Relocation** deserves special mention. If a parent wants to move more than 25 miles from their current residence (within the Chicago metro area) or 50 miles (elsewhere in Illinois), they must either get the other parent’s agreement or seek court approval. Relocation cases can be complicated and emotionally charged, courts must balance one parent’s legitimate reasons for moving against the impact on the child’s relationship with the other parent. If you’re considering seeking a modification, we recommend gathering documentation of the changed [circumstances and consulting with an experienced family law attorney](https://www.odekirklaw.com/circumstances-that-may-require-you-to-hire-a-real-estate-attorney/) before filing. The process isn’t something you want to navigate alone. ## Rights of Unmarried Parents Custody isn’t just an issue for divorcing couples. Unmarried parents face their own set of challenges when it comes to establishing parental rights in Illinois. For **mothers**, the situation is relatively straightforward. An unmarried mother automatically has parental rights to her child. She has both parenting time and decision-making authority unless and until a court orders otherwise. For **fathers**, it’s more complicated. An unmarried father doesn’t automatically have legal rights to his child, even if he’s listed on the birth certificate. To establish legal parental rights, the father must establish paternity. Paternity can be established voluntarily through a Voluntary Acknowledgment of Paternity (VAP) signed by both parents, typically at the hospital when the child is born. If the mother disputes paternity or the father wasn’t present at birth, a paternity case may need to be filed in court, potentially involving DNA testing. Once paternity is legally established, the father has the same rights as a married father would have. He can petition for [parenting time and allocation of parental responsibilities](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/). The court will apply the same best interests standard it would apply in any other custody case. We handle paternity cases regularly, and we always encourage fathers to establish paternity as soon as possible. Without that legal recognition, you have no standing to seek parenting time or decision-making authority, no matter how involved you’ve been in your child’s life. At O’Dekirk, Allred & Rhodes, LLC, our family [law attorneys have extensive experience with paternity cases](https://www.odekirklaw.com/new-illinois-law-makes-changes-investigation-prosecution-rape-cases/) and can guide you through the process of establishing your rights. We understand that family is the most important thing in your life, and we’re committed to helping you protect those relationships. ## Conclusion Navigating child custody laws in Illinois isn’t easy, but understanding the basics puts you in a much stronger position. Remember: Illinois focuses on [parental responsibilities](https://www.odekirklaw.com/basics-parental-responsibility-illinois-family-law/) (decision-making) and parenting time (the schedule), and courts make all determinations based on what’s best for the child, not what’s fair to the parents. Whether you’re facing a divorce, establishing paternity, or seeking to modify an existing custody order, having experienced legal representation makes a real difference. The attorneys at O’Dekirk, Allred & Rhodes, LLC have guided countless families through these proceedings. We understand the local court system, we know what judges look for, and we’re committed to helping you achieve the best possible outcome for your family. If you’re dealing with a custody matter in the Joliet area or surrounding counties, don’t try to navigate this alone. Contact our office to discuss your situation and learn how we can help [protect your parental](https://www.odekirklaw.com/protecting-parental-rights-custody-battle/) rights while keeping your children’s best interests at the forefront. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Family Law Lawyers --- ### [Post-Divorce Custody Changes in Grundy County](https://www.odekirklaw.com/post-divorce-custody-changes-grundy-county/) **Published:** April 9, 2026 **Author:** O'Dekirk Law **Content:** Life doesn’t stop changing just because your divorce is finalized. Kids grow up, jobs shift, and circumstances evolve, sometimes dramatically. When that happens, the custody arrangement that made sense two years ago might not work anymore. And if you’re a parent in Grundy County facing this reality, you’re probably wondering what comes next. Modifying a custody order (or what Illinois now calls an “Allocation of Parental Responsibilities”) isn’t as simple as asking the court to switch things up. There’s a legal process involved, specific standards to meet, and a whole lot of documentation to prepare. But here’s the good news: custody modifications happen all the time, and with the right approach, you can navigate this process successfully. At O’Dekirk, Allred & Rhodes, LLC, we’ve guided countless families through post-divorce custody disputes in Grundy County and the surrounding Southland area. We understand how much is at stake when it comes to your children. In this guide, we’ll walk you through when modifications are possible, what the process looks like, and how to give yourself the best chance of a favorable outcome. ## When Can You Modify a Custody Order? Here’s the thing about custody orders in Illinois, they’re not set in stone, but they’re not exactly easy to change either. The courts want stability for children, so they’ve built in some guardrails. Generally speaking, you can’t file for a modification of [parental responsibilities](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) within the first two years after the original order was entered. This waiting period exists because judges want to give families time to settle into their new routines before shaking things up again. But, there’s an important exception: if your child’s physical, mental, or emotional health is seriously endangered, you can seek modification immediately. After that two-year period, the standard becomes more flexible. You’ll need to demonstrate that a “substantial change in circumstances” has occurred since the original order was put in place. This isn’t about minor inconveniences or scheduling preferences, we’re talking about significant life changes that genuinely affect your child’s wellbeing or your ability to parent effectively. Some modifications are easier to obtain than others. Adjustments to parenting time (visitation schedules) generally face a lower bar than changes to decision-making responsibilities. If you’re looking to tweak pickup times or summer vacation arrangements, that’s typically more straightforward than seeking to become the primary residential parent. The key question the court will always ask is this: Is the proposed change in the best interests of the child? That’s the North Star guiding every custody decision in Illinois, and we’ll dig deeper into what that actually means later in this text. ## Common Reasons for Seeking Custody Modifications People don’t seek custody modifications on a whim. Usually, something significant has changed that makes the current arrangement unworkable, or even harmful. Let’s look at the situations we see most frequently. ### Relocation and Geographic Changes Relocation is probably the most common trigger for custody modifications. Maybe you’ve received a job offer in another state, or perhaps your co-parent has announced plans to move several hours away. Either way, the existing parenting schedule suddenly doesn’t make practical sense. Illinois [law has specific rules](https://www.odekirklaw.com/new-rules-pot-decriminalization-law/) about relocation. If a parent wants to move more than 25 miles from their current residence (or 50 miles if they live in Cook County), they must either get written consent from the other parent or seek court approval. The relocating parent bears the burden of proving the move is in good faith and that the proposed revised parenting plan serves the child’s best interests. These cases can get contentious quickly. The non-relocating parent often feels like they’re being pushed out of their child’s life, while the relocating parent may feel trapped by circumstances beyond their control. We’ve handled many relocation disputes at our Joliet office, and our experience has taught us that early intervention and clear communication often produce better outcomes than waiting until positions have hardened. ### Changes in a Parent’s Circumstances Life throws curveballs. Sometimes those curveballs affect a parent’s ability to care for their children safely and effectively. Changes that might warrant a custody modification include: - **Substance abuse or addiction issues** developing in one parent - **Mental health concerns** that impact parenting capacity - **New criminal charges or convictions** - **Domestic violence** in one parent’s household - **Significant changes in work schedules** that affect availability - **Remarriage or new relationships** that create safety concerns - **A child’s changing needs** as they grow older (educational requirements, medical needs, extracurricular activities) On the flip side, positive changes can also justify modifications. If a parent who previously struggled with addiction has maintained sobriety for an extended period, they may seek increased parenting time. If a [parent’s work situation](https://www.odekirklaw.com/involved-in-a-parenting-time-or-responsibilities-situation/) has stabilized and they can now provide a more consistent home environment, that’s worth bringing to the court’s attention. Documentation matters enormously here. The more evidence you can provide to support your claims about changed circumstances, the stronger your case will be. ## The Legal Process for Modifying Custody in Grundy County Understanding the procedural side of custody modifications can help you feel more prepared, and less anxious, about what lies ahead. Here’s what the process typically looks like in Grundy County. ### Filing Your Petition The modification process begins with filing a petition in the same court that issued your original custody order. This petition needs to clearly explain what changes you’re requesting and why. You can’t just say “things are different now”, you need to articulate the specific substantial changes in circumstances that justify modifying the existing order. Your petition should include: - A description of the current custody arrangement - The specific modifications you’re seeking - The facts supporting your claim of substantial change in circumstances - An explanation of why the proposed changes serve your child’s best interests Once filed, your co-parent must be properly served with the petition and given an opportunity to respond. They may agree with your proposed changes, oppose them, or file their own counter-petition seeking different modifications. At O’Dekirk, Allred & Rhodes, we handle the drafting and filing process for our clients, ensuring that petitions are thorough, legally sound, and strategically framed. A well-prepared petition sets the tone for everything that follows. ### What to Expect in Court After the initial filings, the court will typically schedule a series of hearings. The first is usually a case management conference to establish timelines and identify any immediate issues. Depending on the complexity of your case, you might also have: - **Temporary hearings** if urgent changes are needed while the case is pending - **Mediation sessions** to explore whether an agreement can be reached - **Discovery** where both sides exchange relevant information and documents - **A final hearing or trial** if the matter can’t be resolved through negotiation Grundy County judges take custody cases seriously, and they expect parents to come prepared. You’ll likely need to present evidence supporting your position, this might include documents, witness testimony, school records, medical records, or other relevant materials. Our [attorneys have extensive trial experience in family law](https://www.odekirklaw.com/family-law-attorney-joliet/) matters, and we know what Grundy County judges look for. We prepare our clients thoroughly for court appearances, helping them understand what questions to expect and how to present their case effectively. ## How the Court Evaluates the Best Interests of the Child “Best interests of the child” isn’t just a nice-sounding phrase, it’s the legal standard that governs every custody decision in Illinois. But what does it actually mean in practice? Illinois law lays out specific factors that judges must consider when evaluating what’s best for a child. These include: - The wishes of the child (given appropriate weight based on maturity) - The wishes of each parent - The child’s adjustment to their home, school, and community - The mental and physical health of all individuals involved - The ability of each parent to help a close and continuing relationship between the child and the other parent - Any history of domestic violence or abuse - The willingness of each parent to place the child’s needs ahead of their own - Each parent’s participation in past caregiving That second-to-last factor, the ability to help a relationship with the other parent, often catches people off guard. Courts really do look at whether a parent is willing to [support the child](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)‘s relationship with their co-parent. A parent who badmouths the other parent, interferes with parenting time, or tries to alienate the child can actually hurt their own case. In contested cases, the court may appoint a guardian ad litem (GAL) to represent the child’s interests. The GAL will investigate the situation, interview both parents and the child, and make recommendations to the judge. These recommendations carry significant weight, so it’s important to be cooperative and forthcoming with the GAL. Judges also pay attention to which parent provides the most stability and continuity in the child’s life. If your child has been thriving in their current school and community, the court will be reluctant to disrupt that without good reason. ## Working With Your Co-Parent on Agreed Modifications Not every custody modification has to be a courtroom battle. In fact, if you and your co-parent can reach an agreement, the process becomes significantly simpler, faster, and less expensive. An agreed modification still needs court approval, you can’t just shake hands and call it done. But when both parents present a unified proposed modification to the judge, the court is much more likely to approve it. After all, the parents who know the child best have already agreed that this change is appropriate. Here’s how agreed modifications typically work: 1. Both parents discuss the desired changes and reach a mutual understanding 2. The agreement is put in writing, spelling out the specific modifications 3. One parent files a joint petition or motion reflecting the agreement 4. The court reviews the agreement to ensure it serves the child’s best interests 5. If approved, the judge enters a modified order This approach has obvious advantages. It’s faster, it costs less in legal fees, and, perhaps most importantly, it reduces conflict. Children benefit when their parents can communicate effectively and work together, even after divorce. That said, we always advise clients to have an attorney review any proposed agreement before signing. What seems fair on the surface might have implications you haven’t considered. And even amicable negotiations sometimes need a skilled facilitator to reach the finish line. At O’Dekirk, Allred & Rhodes, our goal is always to work toward an amicable resolution when possible. But we’re also prepared to strongly advocate for you in the courtroom should the need arise. Sometimes having [experienced trial attorneys](https://www.odekirklaw.com/why-an-experienced-attorney-is-vital-for-juvenile-cases/) in your corner actually makes settlement more likely, the other side knows you’re prepared to fight if necessary. ## Conclusion Custody modifications can feel overwhelming, but they don’t have to derail your life or your relationship with your children. Whether you’re responding to a relocation, addressing concerning changes in your co-parent’s circumstances, or simply adapting to your child’s evolving needs, the legal system provides a path forward. The key is approaching the process strategically. Document everything. Understand the legal standards you’ll need to meet. Be prepared to demonstrate how your proposed changes serve your child’s best interests, not just your own preferences. And whenever possible, try to work cooperatively with your co-parent. If you’re facing a post-divorce custody dispute in Grundy County or the surrounding area, we’re here to help. Our experienced family [law attorneys](https://www.odekirklaw.com/need-a-criminal-law-attorney-heres-how-to-tell/) at O’Dekirk, Allred & Rhodes have the in-depth knowledge and trial experience to guide you through this process while keeping you informed every step of the way. We understand that family is the most important thing in your life, and we’ll work relentlessly to help you achieve the best possible outcome. Contact us today for a free consultation. Let us take the burden off your shoulders and give you peace of mind. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Search Family Law Attorney Joliet --- ### [Why you should avoid representing yourself in a criminal trial](https://www.odekirklaw.com/why-you-should-avoid-representing-yourself-in-a-criminal-trial/) **Published:** November 11, 2022 **Author:** O'Dekirk Law **Content:** Many individuals attempt to represent themselves in court when [arrested](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) to save on legal fees. However, while it’s your legal right to represent yourself, it is a risky venture, and you could actually end up in jail. 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Weekend and evening appointments are available for your convenience. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do I need a real estate attorney?](https://www.odekirklaw.com/do-i-need-a-real-estate-attorney/) **Published:** February 25, 2021 **Author:** O'Dekirk Law **Content:** Purchasing [real estate](https://www.odekirklaw.com/real-estate/) is a huge investment that requires a professional attorney for a successful transaction. Unfortunately, many home buyers believe they can buy property without the help of a [real estate attorney](https://www.odekirklaw.com/real-estate/). Hiring a real estate attorney is vital since it ensures your rights aren’t jeopardized, and nothing goes wrong. 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Contact us today for quality services. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [When to hire a criminal defense attorney](https://www.odekirklaw.com/when-to-hire-a-criminal-defense-attorney/) **Published:** February 18, 2021 **Author:** O'Dekirk Law **Content:** Finding a [criminal](https://www.odekirklaw.com/criminal-defense/) [defense](https://www.odekirklaw.com/criminal-defense/) [attorney](https://www.odekirklaw.com/criminal-defense/) immediately after an arrest can be extremely beneficial to your case. Getting a [lawyer](https://www.odekirklaw.com/criminal-defense/) immediately following an arrest may not possible, therefore contacting an attorney at the earliest available opportunity is imperative to a solid and sound defense. 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If you’re looking for a [criminal](https://www.odekirklaw.com/criminal-defense/) [attorney](https://www.odekirklaw.com/criminal-defense/) today, contact O’Dekirk, Allred & Associates to discuss your options. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What do you need to know about the marijuana laws in Illinois?](https://www.odekirklaw.com/what-do-you-need-to-know-about-the-marijuana-laws-in-illinois/) **Published:** December 31, 2020 **Author:** O'Dekirk Law **Content:** If you live in Illinois, you may be wondering what the local cannabis laws are. [Marijuana](https://www.odekirklaw.com/criminal-defense/drug-offenses/) was recently legalized in the state, and this change occurred in 2019. However, this doesn’t mean there aren’t regulations that you will need to abide by. Here’s what you need to know to legally consume [cannabis](https://www.odekirklaw.com/criminal-defense/drug-offenses/) in the state of Illinois: - You have to be 21 or older to legally possess it. - You can possess no more than 30 grams of cannabis flower or 5 grams of cannabis concentrates. - If you are purchasing cannabis infused tinctures or edibles, they must not contain more than a total of 500mg of THC. If you are charged with violating these laws, you’ll need a [criminal attorney](https://www.odekirklaw.com/criminal-defense/drug-offenses/). Get in touch today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Seeking to have your driver's license reinstated?](https://www.odekirklaw.com/seeking-to-have-your-drivers-license-reinstated/) **Published:** December 23, 2020 **Author:** O'Dekirk Law **Content:** If your [driver’s license](https://www.odekirklaw.com/drivers-license-reinstatement/) has been revoked, then living your life the way you want to can be so difficult. To work towards reinstatement, you’ll need to have scheduled an administrative hearing with the Secretary of State. Our experienced attorneys can help prepare you for this. We can consider the questions you’re likely to be asked and how best to respond. 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So, if this is an area where you need professional help, contact O’Dekirk, Allred and Associates, LLC – your [criminal](https://www.odekirklaw.com/criminal-defense/) and real estate attorney services based here in Joliet ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [If you're charged with DUI this holiday season](https://www.odekirklaw.com/if-youre-charged-with-dui-this-holiday-season/) **Published:** December 10, 2020 **Author:** O'Dekirk Law **Content:** If you do happen to be [charged](https://www.odekirklaw.com/criminal-defense/dui-defense/) with a [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/), it can lead to very serious consequences. 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In other words, just the kind of experts you should talk to if you are charged with a DUI. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Worried about allocation of parental responsibilities in a break-up?](https://www.odekirklaw.com/worried-about-allocation-of-parental-responsibilities-in-a-break-up/) **Published:** November 30, 2020 **Author:** O'Dekirk Law **Content:** If a [marriage](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) or relationship ends, this is a stressful and worrying time for all parties. 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We are O’Dekirk, Allred and Associates, based in Joliet, an experienced team of [family](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/), [real estate](https://www.odekirklaw.com/real-estate/), and [criminal law](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) [attorneys](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How to make a safety plan](https://www.odekirklaw.com/how-to-make-a-safety-plan/) **Published:** November 23, 2020 **Author:** O'Dekirk Law **Content:** Are you in a [domestic violence](https://www.odekirklaw.com/family-law/orders-of-protection/) situation or any circumstance in which you are fearing for your life? 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Write down and gather proof of what happened so that authorities can prevent further harm. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What is Privilege?](https://www.odekirklaw.com/what-is-privilege/) **Published:** November 9, 2020 **Author:** O'Dekirk Law **Content:** Privilege is a legal rule prohibiting disclosure of private information against one’s will. It requires courts and other entities to prohibit the disclosure of this information in court and respect the client’s privacy. Privilege applies in many different professional relationships, including between an attorney and their client, as well as doctor-patient, therapist-patient, and clergy-penitent relationships among others. Privilege can be thought of as a possession that is held by the client, so that they can protect their own sensitive information and keep themselves safe. However, there are limitations on privilege, and it can be waived if the client decides to. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [My ex and I get along! Do I really need a lawyer?](https://www.odekirklaw.com/my-ex-and-i-get-along-do-i-really-need-a-lawyer/) **Published:** October 23, 2020 **Author:** O'Dekirk Law **Content:** [Divorce](https://www.odekirklaw.com/family-law/divorce/) can be hard for any family, whether you get along with your ex-partner or not. 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Contact O’Dekirk, Allred & Associates today to hire your family attorney and [real estate](https://www.odekirklaw.com/real-estate/) attorney Joliet-based. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Why you should take your drug trafficking case seriously](https://www.odekirklaw.com/why-you-should-take-your-drug-trafficking-case-seriously/) **Published:** September 29, 2020 **Author:** O'Dekirk Law **Content:** If you have been [charged](https://www.odekirklaw.com/criminal-defense/drug-offenses/) with [drug](https://www.odekirklaw.com/criminal-defense/drug-offenses/) trafficking or drug distribution, it’s time to take your case seriously and hire an experienced [criminal](https://www.odekirklaw.com/criminal-defense/drug-offenses/) [attorney](https://www.odekirklaw.com/criminal-defense/drug-offenses/). 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As well as dealing with family law matters, we also deliver expert [criminal](https://www.odekirklaw.com/family-law/divorce/) and real estate attorney services. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Why you should hire a lawyer for a short sale](https://www.odekirklaw.com/why-you-should-hire-a-lawyer-for-a-short-sale/) **Published:** September 9, 2020 **Author:** O'Dekirk Law **Content:** In the event that you should choose to list your home as a short sale, you should consider hiring a [real estate](https://www.odekirklaw.com/real-estate/) [lawyer](https://www.odekirklaw.com/real-estate/) to help navigate the process. 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Contact O’Derkik, Allred, and Associates today to hire your [criminal attorney](https://www.odekirklaw.com/drivers-license-reinstatement/). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Why you should get your criminal record expunged](https://www.odekirklaw.com/why-you-should-get-your-criminal-record-expunged/) **Published:** August 11, 2020 **Author:** O'Dekirk Law **Content:** Once you’re convicted of a crime, you acquire a [criminal record](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) that can be accessed by potential employers, landlords, and members of the general record. Unfortunately, having a criminal record can diminish your quality of life. 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Contact O’Dekirk, Allred & Associates today to hire your criminal attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What to do if you are charged with a misdemeanor or felony](https://www.odekirklaw.com/what-to-do-if-you-are-charged-with-a-misdemeanor-or-felony/) **Published:** July 28, 2020 **Author:** O'Dekirk Law **Content:** Apart from the seriousness of the offence, there are ongoing consequences if you are charged with a [misdemeanor](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) or [felony](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/), often for the rest of your life. 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Additionally, the higher the amount of drugs in your possession, the more complicated your situation is. While there’s still a chance to get off the hook after your arrest, some mistakes can adversely affect your case. Here are some mistakes you shouldn’t make when arrested for drug possession. - Speaking without your criminal attorney present - Talking the cops into releasing you - Writing anything down as it can be used against you - Eating your drugs - Being dishonest Contact O’Dekirk, Allred & Associates today to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/drug-offenses/) for your [drug possession](https://www.odekirklaw.com/criminal-defense/drug-offenses/) case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Don’t make these mistakes on your DUI case](https://www.odekirklaw.com/dont-make-these-mistakes-on-your-dui-case/) **Published:** June 9, 2020 **Author:** O'Dekirk Law **Content:** A [DUI charge](https://www.odekirklaw.com/criminal-defense/dui-defense/) can be frustrating to anyone, whether it’s your first time or you have prior experience with the court system. Luckily, there are some mistakes you can avoid that can weaken your DUI case. These include: - Don’t drive on a revoked license – since your [license is suspended](https://www.odekirklaw.com/criminal-defense/dui-defense/), getting caught driving can result in additional fines and jail time. - Failing to appear for court hearings – this can cause your judge to revoke your bail and issue a warrant for your arrest. - Not retaining an experienced criminal attorney – it’s wise to hire a professional that understands DUI cases to represent you. Contact O’Dekirk, Allred & Associates, LLC today to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/dui-defense/) for your DUI case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Divorce and real estate: what you need to know](https://www.odekirklaw.com/divorce-and-real-estate-what-you-need-to-know/) **Published:** April 20, 2020 **Author:** O'Dekirk Law **Content:** [Divorce](https://www.odekirklaw.com/family-law/divorce/) can be a trying and difficult time for any couple, especially if there is house or kids involved. If you’re thinking of getting a divorce, you may be wondering what will happen to your [property](https://www.odekirklaw.com/real-estate/). Should you sell it, or should you buy out your share? First, it’s vital to hire a real estate attorney to offer you professional guidance and advice throughout the whole process. Second, discuss with your ex-partner what both of you would like. For example, - Selling the house and sharing the proceeds - Holding the property jointly and renting it out - One of you keeping the house and living in it after the divorce Contact O’Dekirk, Allred, and Associates today to [hire a real estate attorney](https://www.odekirklaw.com/real-estate/) for your divorce. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Types of probation](https://www.odekirklaw.com/types-of-probation/) **Published:** April 7, 2020 **Author:** O'Dekirk Law **Content:** [Probation](https://www.odekirklaw.com/criminal-defense/) is a sentence handed down to criminal offenders, which allows them to serve time out of jail. It enables you to live within the community provided you follow the strict guidelines and conditions under your probation. Here are some common [types of probation](https://www.odekirklaw.com/criminal-defense/). - Supervised – requires you to check in with your probation officer often - Unsupervised – it’s common for less serious crimes and frees you from direct supervision from a probation officer. However, it requires you to obey specific court orders. - Community control – requires you to remain at home and your movements are supervised with an ankle monitor - Crime-specific – requires you to follow specific conditions that ensure you don’t repeat your crime. For instance, attending alcohol rehabilitation or registering as a sex offender. Contact O’Dekirk, Allred, and Associates to hire a [criminal attorney](https://www.odekirklaw.com/criminal-defense/). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [What happens when you violate probation?](https://www.odekirklaw.com/what-happens-when-you-violate-probation/) **Published:** March 18, 2020 **Author:** O'Dekirk Law **Content:** [Probation](https://www.odekirklaw.com/criminal-defense/) is a type of punishment that allows people convicted of a crime to remain relatively freer than they would be if they were to serve jail time. However, if you’re on probation, there are certain rules and conditions you should strictly adhere to. For example, depending on your terms, traveling to a different country without asking permission from your [probation officer](https://www.odekirklaw.com/criminal-defense/) is a violation of your probation. Violating your probation can result in re-arrest, and you can lose the little freedom you had. Additionally, you can pay an extra fine, get community service hours, or do some prison time after being sentenced. Therefore, try as much as possible to adhere to your probation terms. Contact O’Dekirk, Allred, and Associates today to get a [criminal attorney](https://www.odekirklaw.com/criminal-defense/). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Procedures to follow when you’re pulled over for a DUI](https://www.odekirklaw.com/procedures-to-follow-when-youre-pulled-over-for-a-dui/) **Published:** May 27, 2020 **Author:** O'Dekirk Law **Content:** Although you should never drive your vehicle while [intoxicated](https://www.odekirklaw.com/criminal-defense/dui-defense/), educating yourself on what to do if you are is vital. Here are some [DUI](https://www.odekirklaw.com/criminal-defense/dui-defense/) dos that ensure your rights are protected. 1. Be respectful to the officer pulling you over as acting defiant can make it harder for your criminal attorney to create a viable defense. 2. Have your documents ready, e.g. your registration, insurance information, and driver’s license. 3. Stay in your vehicle unless instructed otherwise. 4. Call your criminal attorney. Contact O’Dekirk, Allred & Associates, LLC today to get in touch with a professional [criminal attorney](https://www.odekirklaw.com/criminal-defense/dui-defense/) for your DUI case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Circumstances that may require you to hire a real estate attorney](https://www.odekirklaw.com/circumstances-that-may-require-you-to-hire-a-real-estate-attorney/) **Published:** January 24, 2020 **Author:** O'Dekirk Law **Content:** Most homeowners tend to avoid hiring a real estate attorney when buying or selling a house to save money, but there are a few circumstances where you will require one. These include: 1. A Joint sale – In this case, the real estate attorney will ensure both parties are satisfied with the outcome. 2. A short sale – When you do not receive enough cash from a buyer to pay off your existing mortgage, a real estate attorney can help you navigate the different legal issues. O’Dekirk, Allred and Associates Law firm specializes in criminal and real estate law across Joliet, Illinois. Call us today to hire qualified law specialists. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Tips for hiring an excellent real estate attorney](https://www.odekirklaw.com/tips-for-hiring-an-excellent-real-estate-attorney/) **Published:** December 11, 2019 **Author:** O'Dekirk Law **Content:** Whether you’re buying or selling your home, hiring a real estate attorney is essential as it ensures you are protected throughout the process. However, you need to hire a competent real estate attorney that can advise you on the legal issues and risks involved in your property transactions. Here are some tips you can use to hire a qualified real estate attorney. - Conduct an interview with your potential real estate lawyer to know more about their practice and experience. - Find an attorney who specializes in real estate law as they are an expert in the field - Ask your friends and families for references O’Dekirk, Allred & Associates, LLC is a law firm in Joliet, Illinois that specializes in real estate law. Contact us today to find a competent attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Benefits of hiring a real estate attorney](https://www.odekirklaw.com/benefits-of-hiring-a-real-estate-attorney/) **Published:** December 4, 2019 **Author:** O'Dekirk Law **Content:** Purchasing real estate is a huge investment that requires a professional attorney for a successful transaction. Unfortunately, many home buyers believe they can buy property without the help of a real estate attorney. Hiring a real estate attorney is vital since it ensures your rights aren’t jeopardized, and nothing goes wrong. They also provide invaluable help when it comes to reviewing professional contracts, as most are full of legal jargon. This ensures you don’t sign any contract without fully understanding its terms. Additionally, real estate attorneys have the expertise to address complex contracts, e.g., purchasing real estate from partnerships and corporations. O’Dekirk, Allred & Associates, LLC is happy to help you acquire your future property with ease. Contact us today for quality services. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Why Having a Lawyer at Your Closing Provides Peace of Mind](https://www.odekirklaw.com/why-having-a-lawyer-at-your-closing-provides-peace-of-mind/) **Published:** November 20, 2019 **Author:** O'Dekirk Law **Content:** If you decide to forgo hiring a lawyer for your new home or commercial property closing, no one else is focused on your interests during the transaction. Here are the reasons why hiring a lawyer to represent you at a real estate closing brings peace of mind. Full Review and Explanation of all Documents An attorney can review all documents that will be signed at the closing. This ensures that everything is in order before you sign. If you have any questions about the complex language on the agreements, they can explain that too. An Advocate to Settle Disputes If any issues pop up at the closing, an attorney can advocate for your best interests and has the skill and knowledge to settle any disputes. Call us now! ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do I need a criminal attorney for online offenses?](https://www.odekirklaw.com/do-i-need-a-criminal-attorney-for-online-offenses/) **Published:** November 12, 2019 **Author:** O'Dekirk Law **Content:** With the rise of the internet, you no longer have to commit a crime in person to be charged. If you are charged with a typical piracy offense, which may involve the illegal download of games, music, movies, or videos, you could find yourself facing jail time. Additionally, online fraud, online prostitution, and online harassment, however minor, are classed as serious offenses under the law. When you are charged with any of these online offenses, do not be fooled into thinking that you will not need the services of a criminal attorney. Instead contact O’Dekirk, Allred and Associates, in Joliet, Illinois immediately for assistance. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [For felonies and misdemeanors, it pays not to rely on just one attorney](https://www.odekirklaw.com/for-felonies-and-misdemeanors-it-pays-not-to-rely-on-just-one-attorney/) **Published:** October 18, 2019 **Author:** O'Dekirk Law **Content:** If you are likely to be charged with either a felony or a misdemeanor, there can be a danger, to quote an old saying, of ‘Putting all your eggs in one basket’. For such serious situations, where a large fine, probation, or often jail time is a likely outcome, we believe you need more help than simply working with a single criminal attorney. Indeed, such a conviction can seem to follow you around for the rest of your life. Our attorneys are former prosecutors, widely skilled in many such cases, and each of them will carefully review every detail of your current situation. So, if you find yourself involved in a felony or misdemeanor, talk to us at O’Dekirk, Allred and Associates; you can reach us by dialing 815-740-1700… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [How a real estate attorney can make you feel 'at home'](https://www.odekirklaw.com/how-a-real-estate-attorney-can-make-you-feel-at-home/) **Published:** September 18, 2019 **Author:** O'Dekirk Law **Content:** If you are involved in buying or selling a property, especially if it’s a new or infrequent occurrence for you, we appreciate that this can be a fraught experience. To help you feel ‘right at home’ with the whole process, it pays to benefit from those with expertise in oversight of real estate contracts. This is true right from the moment you first enter into one and through to the time of closing. You should expect to be both as involved in the process as you want to be and be provided with clear updates as often as you want them. O’DEKIRK, ALLRED & ASSOCIATES, LLC, based in Joliet, are always primed and ready to help you through those times in your life when legal matters arise… ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Qualified real estate attorneys can make your closing a breeze!](https://www.odekirklaw.com/qualified-real-estate-attorneys-can-make-your-closing-a-breeze/) **Published:** July 2, 2019 **Author:** O'Dekirk Law **Content:** Buying or selling a home can be a process with a lot of obstacles and headaches. When you hire the real estate attorney Joliet residents rely on, you will help reduce your stress level. With an experienced real estate attorney by your side, you can rest assured that all contracts are correct and title searches are conducted quickly and accurately. Owning a home is the American dream and you should be able to enjoy the process without worrying about the details! Call O’Dekirk Law today to find the right Real Estate Attorney in Joliet for all of your closing needs. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do you need a criminal attorney?](https://www.odekirklaw.com/do-you-need-a-criminal-attorney/) **Published:** June 14, 2019 **Author:** O'Dekirk Law **Content:** If you have the unfortunate luck of finding yourself in need of a criminal attorney in the greater Joliet Illinois area, we can help. A strong criminal attorney can help you to have unfair charges against you dismissed. If you have committed a crime such as a robbery, assault, or dealing drugs, you will need a criminal attorney. Everyone makes mistakes, and there is no reason why your future should be ruined because of them. The right criminal attorney will work with you to make sure that you are treated fairly. Don’t leave your future to chance – contact a strong criminal attorney today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Do you need a lawyer for an order of protection?](https://www.odekirklaw.com/do-you-need-a-lawyer-for-an-order-of-protection/) **Published:** July 9, 2019 **Author:** O'Dekirk Law **Content:** If you feel like you need an order of protection, it should not be taken lightly. You need a lawyer that understands the damage that can be caused to someone by being exposed to an unhealthy household. You can file for an order of protection for numerous reasons including; trespassing, criminal mischief, harassment, or terroristic threats. If one of these crimes has been committed against you, it’s important to get in touch with a lawyer and weigh your options. Once filed, the person must abide by the order or face jail time. If you’re in the Joliet, Illinois area and you’ve been through a situation where you feel threatened, contact O’Dekirk, Allred, and Associates today for a consultation with a criminal attorney. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Criminal Attorneys And The Local Advantage](https://www.odekirklaw.com/criminal-attorneys-and-the-local-advantage/) **Published:** July 3, 2019 **Author:** O'Dekirk Law **Content:** Have you got yourself in some trouble in Joliet Illinois? If you’re looking for a lawyer to help you beat the case, it’s best to keep it local. The same laws apply throughout the state, but procedures can vary from courthouse to courthouse. For example, the D.A. in one county may have a no-plea bargaining policy, while a D.A. in another county may have no such policy. Here at O’Dekirk, Allred & Associates, we’ve built and continued to build our practice and reputation in Joliet Illinois. Contact us today for information regarding your case and let us go to bat for you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Reasons to get a divorce attorney](https://www.odekirklaw.com/reasons-to-get-a-divorce-attorney/) **Published:** June 4, 2019 **Author:** O'Dekirk Law **Content:** Getting divorced is rarely as simple as signing a few papers. Although it might not seem like getting an attorney is worth it, here are a few reasons why you should consider it: Less stress: Divorce is very stressful for everyone involved, as it’s often an emotional time. An attorney can organize the legal side, leaving you with one less problem to worry about. Faster process: Once you’ve decided to get divorced, you’ll want to process to be as quick as possible so you can move on with your life. If you don’t have legal experience, there can be lots of delays as you fumble with the process. Get it right first time: It’s much harder to iron out any mistakes once a divorce has gone through. An attorney can make sure all your assets are valued correctly so you can avoid losing out. To learn more about getting a divorce or criminal attorney, get in touch with our team. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Welcome to our new website and blog](https://www.odekirklaw.com/welcome-to-our-new-website-and-blog/) **Published:** May 18, 2018 **Author:** O'Dekirk Law **Content:** After a couple of months of planning and work, we are delighted to announce the launch of our new website. We wanted a website that was geared to our clients and informing them of our products and services. #### We value your opinion We hope you like the look of the website, so feel free to look around and let us know what you think – all comments and feedback are welcome. Thanks for the ongoing support and we look forward to hearing from you. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Joliet Attorney --- ### [Illinois Family Law Parenting Plan Basics](https://www.odekirklaw.com/illinois-family-law-parenting-plan-basics/) **Published:** December 17, 2016 **Author:** O'Dekirk Law **Content:** [![Illinois Family Law Parenting Plan Basics ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/family-law-300x200.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/family-law.jpg)If you are getting a divorce and you have children, you need to understand the [Illinois family law parenting plan basics ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)because it will lay out who will make decisions about your children. [Our attorneys at O’Dekirk, Allred and Associates in Joliet ](https://www.odekirklaw.com/)can help you through this process, protecting your rights and helping you fight for what’s best for your children. **Parenting Plan** In a divorce where children are involved or parentage case, parents have 120 days ([720 ILCS 5/602.10](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10)) to file with the court, jointly or separately, what is called a [*parenting plan*.](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) This is a temporary plan that will become the permanent plan for at least the next two years. **Mediation** On the *status date,* lawyers for the parents will tell the judge whether the parents have reached a[ joint agreement ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)on the parenting plan on all issues of parental responsibilities, including decision-making powers and all parenting time issues. If the parents don’t agree on ALL issues, the court will send them to mediation. **Agreed Extensions** Another one of the Illinois family law parenting plan basics states that if the parents cannot agree on all points of a parenting plan, they’re allowed to extend the mediation time and continue working together outside of mediation, or for good cause if the judge agrees. [(750 ILCS 5/602.10(e)(1), (2), and (3))](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10) **Agreed Parenting Plan** When the parents agree on all points of the parenting plan, it is written up, signed by the parents, and is binding on the court. [(750 ILCS 5/602.10(d))](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10). **Allocation Judgment** If the parents can’t agree on the parenting plan, then they must each submit their own plan to the judge. The judge will first approve the items the parents agreed on. As for the ones that are still in dispute, the judge will make the final decision. At this point, the outcome is considered an [allocation judgment ](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html)instead of a parenting plan. **Contents of Parenting Plan** The parents must discuss and include the following items in the plan: - Decision-making responsibilities - Living arrangements for the child - Mediation for any changes - Right of access to medical, dental, child care records, and school and extracurricular records, reports, and schedules - Designation of the parent with the majority of parenting time - The child’s residential address for school enrollment - Each parent’s residence address and phone number, employment and employment address and phone number - Notice if a parent changes their residence - Notice of emergencies, health care, travel plans, or other significant child-related issues - Transportation arrangements between the parents - Provisions for communications - Provisions for resolving issues arising from a parent’s future relocation - Provisions for future modifications of the parenting plan - Provisions for exercising the right of first refusal that are consistent with the best interests of the minor child - Any other provision that addresses the child’s best interests or that will otherwise facilitate cooperation between the parents The Illinois family law parenting plan basics can be confusing. So, it’s important to have [proper guidance when protecting your parental interests](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html) and doing what’s best for your child. Our experienced lawyers at O’Dekirk, Allred and Associates in Joliet can effectively put you in the best possible position to achieve the outcome you desire. Please call or contact us today for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Adoption Basics in Illinois](https://www.odekirklaw.com/adoption-basics-in-illinois/) **Published:** December 7, 2016 **Author:** O'Dekirk Law **Content:** [![Adoption Basics in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child-300x240.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/adopting-a-child.jpg)More than 15,000 children over the last ten years have found loving homes across our state. [Is your family interested in adopting?](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) If so, it’s important to learn the adoption basics in Illinois from the[ Department of Children and Family Services](https://www.illinois.gov/dcfs/lovinghomes/adoption) (DCFS). Whether you’re single or married, gay or straight, a step-parent, [a surrogate](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html), an intended parent, or a [child of adoption,](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)[ O’Dekirk, Allred and Associates in Joliet ](https://www.odekirklaw.com/)can help you understand Illinois adoption law and walk you through your journey. Adoptive families with DCFS children are special because they have opened their hearts to children of all ages and children who sometimes have had tough beginnings. It’s a wonderful option to expanding your family, but a very serious decision. And throughout the DCFS process or a private adoption, having knowledgeable, professional guidance can make all the difference. To get you started, here are the adoption basics in Illinois. **Legal Responsibilities** A [DCFS adoption](https://www.illinois.gov/dcfs/lovinghomes/adoption), like all Illinois adoptions, means you are the child’s legal parent with all the rights and responsibilities of a child born to you. Once the adoption is final, DCFS is no longer involved in or responsible for the care, supervision, or [custody of the child. ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)The child is now your child and part of your family. Adoption is permanent and lifelong. As the child’s parent, you have all the rights and responsibilities to make important decisions for your child, including the right to consent to major medical care and treatment, marriage, and enlistment in the armed services. Adoption is only allowed when the birth parents have voluntarily given up their [parental rights](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) or their rights are terminated by the court which is usually the case in DCFS cases. **Guardianship** Some DCFS cases involve [guardianship ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)which is another permanency option for children when the child can’t return home and adoption has been ruled out. A common scenario is when relative caregivers become guardians. They give a permanent home for a child in their care. It can also be used for children who have been living in the home of licensed relatives for a period of six consecutive months. The court appoints you as the [child’s legal guardian ](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html)which differs from adoption because the rights of the birth parents do not have to be terminated in order to appoint a guardian. If you are appointed the guardian of the child, DCFS will no longer be involved in the care, supervision, or legal custody of the child. The Guardianship lasts until the child reaches the age of 18. Financial assistance and other resources will be available to guardians of children in DCFS’s care. **Getting Started** Most DCFS children waiting to be adopted live in foster homes or temporarily with relatives. Some even live in larger, professionally-staffed group settings. If you are interested in adopting, DCFS has an online listing with pictures and descriptions of children in need of a loving family. The DCFS children seeking adoption come from all over Illinois and include all ages and backgrounds. Many are sibling groups. DCFS gives special support to help families adopting children with medical difficulties or other special needs. [There are many considerations when you are thinking about adopting](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html). O’Dekirk, Allred & Associates in Joliet can help you when you’re ready to expand your family. We can explain the adoption basics in Illinois and give you peace of mind during the often-complicated process of adoption. We can also protect the rights of parents who are considering placing their child for adoption with [an agency](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) or through a [private adoption.](https://www.odekirklaw.com/adoption-family-law-attorney-joliet-il.html) Call or contact us for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Divorce Maintenance (Alimony) Calculations in Illinois](https://www.odekirklaw.com/divorce-maintenance-alimony-calculations-illinois/) **Published:** November 30, 2016 **Author:** O'Dekirk Law **Content:** **[![Divorce Maintenance Alimony Calculations in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016-300x228.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016.jpg)Divorce Maintenance (Alimony) Calculations in Illinois** [In 2015, the divorce maintenance (alimony) calculations in Illinois were changed](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html). Our attorneys at [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/) can help you figure out how these changes (amendments to Sections 504 and 505), regarding the amount and duration of maintenance, will affect your divorce. **Maintenance Calculations Then & Now** Prior to 2015, judges had a lot of discretion in determining the amount and duration of [maintenance ](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)in divorce cases. They used twelve specific factors, but case results were very unpredictable. Now, judges have new guidelines that use a standardized formula to calculate the amount and duration of payments. Let’s take a look at the formula used to calculate divorce maintenance. **Calculating Duration of Maintenance Award** The following formula is used to determine the duration of maintenance, or how long the paying spouse will provide [alimony](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) to the receiver: (Marriage 0-5 years) x (20%) (Marriage 5-10 years) x (40%) (Marriage 10-15 years) x (60%) (Marriage 15-20 years) x (80%) **Example**: A marriage of 8 years x 40% = 3.2 years of [alimony payments](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) For couples married over twenty years, the court can either order the duration of the maintenance to be permanent or to last for the number of years the marriage lasted. **Formula for [Maintenance Award-Amount](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html)** The formula has two components that are very important: - Calculation: Take 30% of the payer’s income MINUS 20% of the receiver’s income - Exception: Receiver’s *new income* cannot exceed 40% of the couple’s total combined income If the divorce maintenance (alimony) calculations in Illinois sound confusing, take a look at the examples below to see how maintenance is now calculated with the new formula. **Dual Income Maintenance Calculation** A divorcing couple has been married for 16 years. They have a combined annual income of $200,000. The wife’s income is $125,000 per year. The husband’s income is $75,000 per year. Maintenance for the husband (receiver) would be calculated using the new formula: - 30% of the wife’s income >> ($125,000) x (30%) = $37,500 - 20% of the husband’s income >> ($75,000) x (20%) = $15,000 - 30% of the payer’s income MINUS 20% of the receiver’s income = $22,500 - By this calculation, the husband would be awarded $22,500 per year *But wait*, the second part of the formula states that the new income of the receiver can’t surpass 40% the couple’s total combined annual income. So, let’s double-check that stipulation. 40% of the couple’s annual $200,000 income = $80,000 The husband’s income of $75,000 + $22,500 in alimony = $97,500, around 49% Because the husband’s annual income added to calculated maintenance is over 40% of their combined income, the court would decrease it: $80,000 – $75,000 = $5,000 per year to comply with the new rule. Finally, the court has to [calculate the maintenance duration](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html): (16 years) x (80%) = 12.8 We finally come up with the amount of $5,000 per year with a duration of 12.8 years. **Single Income Maintenance Calculation** A divorcing couple has an annual income of $200,000 per year and has been married for 16 years, but this time let’s calculate maintenance when only one person earns an income. The wife’s income is $0 per year. The husband’s income is $200,000 per year. Maintenance would be calculated by using the new formula: - 30% of the husband’s income >> ($200,000) x (30%) = $60,000 - 20% of the wife’s income >> ($0) x (20%) = $0 - 30% of the payer’s income MINUS 20% of the receiver’s income = $60,000 - By this calculation, the wife would be awarded $60,000 per year As we calculated above, 40% of the couple’s annual $200,000 income = $80,000. When you add the wife’s annual income of $0, it is less than 40% of the couple’s combined annual income, so it doesn’t have to be reduced. Now, let’s calculate the duration of the maintenance: (16 years) x (80%) = 12.8 Here, we come up with the amount of $60,000 per year with a duration of 12.8 years. **Get Clarity and Reliable Representation** The old divorce maintenance (alimony) calculations in Illinois were unpredictable and often considered unfair. The [2015 amendments are meant to standardize the process](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), so outcomes are more reasonable. Our attorneys at O’Dekirk, Allred and Associates in Joliet can [help you figure out how these changes](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html) will affect you and your case. It is critical that you have good legal representation, so please call or contact our office for a free consultation about your case. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [New Rules for Pot Decriminalization Law](https://www.odekirklaw.com/new-rules-pot-decriminalization-law/) **Published:** September 27, 2016 **Author:** O'Dekirk Law **Content:** [![New Rules for Pot Decriminalization Law ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/gavel-300x200.jpg "New Rules for Pot Decriminalization Law - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/gavel.jpg)Our lawyers at [O’Dekirk, Allred, and Associates in Joliet ](https://www.odekirklaw.com/)applaud the recently announced Illinois Supreme Court’s [new rules for pot decriminalization law](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html). In July, Governor Bruce Rauner signed the law giving the state’s Supreme Court authority to define the rules for a new civil law violation of possessing up to 10 grams of [cannabis or drug paraphernalia.](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) According to an [article by the Chicago Sun-Times](http://chicago.suntimes.com/chicago/ill-supreme-court-sets-new-rules-for-pot-decriminalization-law/), this is a significant reversal for the Governor who vetoed a bill last year that would have made [possession ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)of up to 15 grams of pot only a ticketable offense. At the time, his stance was that it would allow people to carry too much pot and the proposed fines of $55 to $125 were not enough. Perhaps, the Governor was swayed by the bill’s chief senate sponsor, Senator Heather Steans (D-Chicago), who asserts that most of than 50,000 [marijuana-related arrests ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)in Illinois each year are for small amounts and intended for personal use. No matter what the reason, there are now six new rules set by the Supreme Court, one of which includes a fine of just $120 per violation for those caught with up to 10 grams of cannabis or drug paraphernalia. In addition, those who are cited for this [civil law violation](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) have the ability to conveniently pay their $120 fine by mail, and tickets are automatically expunged on January 1 and July 1 of each year. In comparison, the offense was previously considered a Class B misdemeanor punishable by up to six months in jail and fines up to $1,500. [Possession of drug paraphernalia](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) was a Class A misdemeanor and punishable by up to a year of imprisonment and a fine of $750 to $2,500. Another new rule gives circuit court clerks the ability to expunge a record after a [cannabis violation ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)is resolved and ensures the confidentiality of offenders under 18 years old. The new [pot decriminalization laws ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)also set a scientific standard for the amount of [marijuana THC ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)that must be present in the bloodstream to prompt a charge of driving under the influence. Previously, Illinois had a zero tolerance policy. Even a trace of marijuana could lead to a DUI. Prior to the state Supreme Court setting [new rules for pot decriminalization law](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html), over 100 local governments (including Chicago) had already removed certain criminal penalties for those caught with smaller amounts of marijuana. Now, pot decriminalization will extend to the entire state. According to the National Conference of State Legislatures, Illinois is now the 21st state to decriminalize possession of small amounts of marijuana. Our [lawyers at O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/) appreciate the decision. We believe the Governor, legislature and Supreme Court have created a far more reasonable response to an overcharged and victimless offense. Facing legal issues regarding [marijuana possession and want to know how the new rules might affect your case](https://www.odekirklaw.com/drug-offense-criminal-laywer-joliet-il.html)? Contact us today for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [New Illinois Sentencing Law](https://www.odekirklaw.com/new-illinois-sentencing-law/) **Published:** September 17, 2016 **Author:** O'Dekirk Law **Content:** [![New Illinois Sentencing Law ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016-300x228.jpg "New Illinois Sentencing Law - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016.jpg)Our lawyers at [O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/) understand that serving a prison sentence can negatively affect your life. That’s why we wanted to let you know about a [new Illinois sentencing law](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) that will be effective as of January 1. As you may know, both misdemeanor and felony convictions come with the possibility of imprisonment. Misdemeanor sentences can include up to one year in prison and a fine of $2,500. Felonies have the potential of much longer prison times. The [new sentencing law](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), Public Act 99-0861, was recently signed by the governor of Illinois. This law is just one of many [criminal justice reforms ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)that will be enforced as of January 1. This new law states that Illinois judges will be required to specifically [justify sentencing ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)an offender to prison or periodic imprisonment for Class 3 or Class 4 felonies if they have never previously received [probation ](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)or [conditional discharge](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) and their crime statutorily allows for probation or a conditional discharge sentence. The new law also requires a [pre-sentence report](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), and the court must show on the record why probation or conditional discharge is not an appropriate sentence. Simply put, this means if you’re [convicted of a crime](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) that allows for probation or conditional discharge and you’ve never been given this type of sentence previously, the judge must explicitly justify a prison sentence in writing. Here’s what the law (Public Act 99-0861) says: The new Illinois sentencing law requires the court: “(i)n imposing a sentence of imprisonment or periodic imprisonment for a Class 3 or Class 4 felony for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and [no prior conviction for a violent crime](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), the defendant shall not be sentenced to imprisonment before review and consideration of a [pre-sentence report a](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html)nd determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that … probation or conditional discharge is not an appropriate sentence.” [Our lawyers at O’Dekirk, Allred, and Associates in Joliet](https://www.odekirklaw.com/) know that it is very common for Class 3 or Class 4 offenders to be sentenced to probation or conditional discharge. However, when a higher class felony is reduced to a Class 3 or 4, we’ve noticed that sentencing tends to be harsh and often includes imprisonment. With this [new Illinois sentencing law](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html), the court must justify the prison sentence if the offender had no prior sentence of probation or conditional discharge. It’s possible that this will compel judges to meticulously consider all facts of the case prior to handing down a sentence. If you are facing either a [misdemeanor or felony charge](https://www.odekirklaw.com/felony-misdemeanor-criminal-laywer-joliet-il.html) with the possibility of imprisonment and would like to know more about the new Illinois sentencing law, please don’t hesitate to contact O’Dekirk, Allred, and Associates today. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [New Laws for Illinois in 2016](https://www.odekirklaw.com/new-laws-illinois-2016/) **Published:** July 18, 2016 **Author:** O'Dekirk Law **Content:** [![New Laws for Illinois in 2016 ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016-300x228.jpg "- O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/new-laws-for-2016.jpg)The legislature passed [new laws for Illinois in 2016](https://www.odekirklaw.com/index.html). Do you know about them? At [O’Dekirk, Allred and Associates in Joliet](https://www.odekirklaw.com/index.html), we believe that keeping you aware of changes like this will ensure you’re always on the right side of the law. With hundreds of new laws becoming effective this year, there are many that may directly affect your life. From [Patch.com](http://patch.com/illinois/joliet/25-new-illinois-laws-2016-could-change-your-life-0), we pulled a brief summary of some of the changes to the laws, including those related to: police, hunting, breastfeeding, pets, [drunken drivers,](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) [teen drinking](https://www.odekirklaw.com/juvenile-criminal-laywer-joliet-il.html), the elderly, schools, [divorce](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html), [child custody](https://www.odekirklaw.com/child-custody-visitation-family-law-attorney-joliet-il.html), intoxicants, health, [driving violations,](https://www.odekirklaw.com/traffic-cdl-defense-attorney-joliet-il.html) animal cruelty and more. **Law Enforcement Changes in 2016** - Prohibiting police from using chokeholds, except when deadly force is justified - Requiring an independent review of officer-involved deaths - Making investigation results a part of public record if an officer involved in a death is not charged with a crime - Expanding police officer training to include topics like the use of force - Creating a database of officers who have been fired or resigned due to misconduct - Allowing police departments to choose to use body cameras or not, but if they choose to, the officers must keep their cameras on when conducting law enforcement activities with the exception of meeting with a confidential informant, or at the request of a victim or witness - Requiring officers to let people know they are recording with a body camera if they enter a home - Requiring body camera videos to be kept for 90 days, unless flagged for specific reasons - Allowing for grants via a $5 fee increase for every $40 on criminal and traffic offenses, to go toward body cameras and new training - Making a phony 911 call without reasonable grounds for making the call or transmission and knowing the call or transmission could result in the emergency response of any public safety agency, could cost the caller to pay up to $10,000 **Animal Law Changes in 2016** - Prohibiting an owner from exposing their dog or cat to a life-threatening situation for a prolonged period of time in extreme heat or cold conditions - Providing a fine of $250 and community service for 100 hours or more to a person convicted of a cruel treatment of animals violation upon a pet in the presence of a child - Approval of bobcat hunting from November 1 to February 15 due to bobcats being removed from the Illinois Threatened Species Act **Alcohol Law Changes in 2016** - Banning powdered alcohol, or [“palcohol,](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html)” which can be used to surreptitiously spike someone’s drink - Requiring an interlock device, a breath-testing contraption connected to a vehicle’s ignition, for four-time DUI convicts, for the rest of their lives - Allowing for a restricted driving permit for the 5,000 four-time DUI offenders who are currently banned from driving if they can prove they’ve turned their lives around – with the stipulation that another conviction will lead to a lifelong ban - Giving immunity from criminal charges to underage drinkers who call 911 for a friend in medical need, to encourage teens to call for emergency medical help **School Law Changes in 2016** - Requiring all schools to have a concussion-oversight team to develop a protocol for athletes, which will include education and recovery plans - Curtailing suspensions and expulsions in public schools – administrators are now required to exhaust every option before expelling a student or giving an out-of-school suspension - Requiring carbon monoxide detectors in all schools **Drug Law Changes in 2016** - Making synthetic marijuana, or K2, illegal - Stipulating that an employer or a property and casualty insurer is not required reimburse a person for costs related to the medical use of cannabis **Family Law Changes in 2016** - Requiring divorces granted in Illinois to be “[no-fault divorces”](https://www.odekirklaw.com/divorce-family-law-attorney-joliet-il.html), but spouses must show irreconcilable differences after attempts to retrieve the marriage have failed - Amending the Adoption Act to allow birth grandparents to use the Adoption Registry and a confidential intermediary - Allowing families and residents in nursing home facilities to utilize recording devices and cameras to monitor activity in their own rooms - Creating a new Silver Alert system to help find missing adults who’ve wandered off due to dementia or Alzheimer’s - Requiring certain airports to provide a location, by Jan. 1, 2017, on each airport terminal behind the security screening area, for women to express breast milk in private **Business Law Changes in 2016** - Requiring the Department of Financial and Professional Regulation to develop and maintain a website to assist people wanting to start a business in Illinois or relocate a business to Illinois - Requiring state agencies to examine and identify their small business rules, administrative regulation, and permit processes that are unreasonable, unduly burdensome, duplicative, or onerous to small businesses **Health Law Changes in 2016** - Requiring new coded locks on pill bottles, featuring numerical locking device with a combination, for prescribed opioid medication - Prohibiting gay-conversion therapy (sexual-orientation change efforts) with a person younger than age 18 - Prohibiting advertising that depicts homosexuality as a mental disease, disorder or illness **Miscellaneous Law Changes in 2016** - Making pumpkin pie the official state pie, noting Illinois is the nation’s leading producer of pumpkins - Making it illegal to buy, sell or plant bush honeysuckle, olive, teasel, knotweed, salt cedar, poison hemlock, oriental bittersweet, and giant hogweed, because these plants have been added to the Exotic Weed Act O’Dekirk, Allred and Associates in Joliet knows it’s important to understand the new laws for Illinois 2016, especially if you are currently involved in a case affected by the changes. For help with any of these changes, [please contact us](https://www.odekirklaw.com/contact-odekirk-allred-associates.html) for a free consultation. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Calculating Child Support Obligation in Illinois](https://www.odekirklaw.com/calculating-child-support-obligation-illinois/) **Published:** May 22, 2016 **Author:** O'Dekirk Law **Content:** [![Calculating Child Support Obligation in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/gavel-300x200.jpg "pic4 - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/wp-content/uploads/gavel.jpg)Calculating [child support obligation](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) in Illinois can be complicated if you don’t understand the method. [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) can help you through the process. In its simplest form, the amount of [child support ](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html)depends on the non-custodial parent’s net income and the number of children for which the parent is responsible. The list below, from the Child Support Illinois [website](http://www.childsupportillinois.com/general/calculating.html), shows the minimum amount that may be ordered according to the Illinois Statutory Guidelines (750 ILCS 5/505 Sec. 505). **Statutory Guidelines for Child Support** Number of children and percent of [non-custodial parent’s net income](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html): 1 20% 2 28% 3 32% 4 40% 5 45% 6+ 50% These guidelines are used for every case unless the court decides that the amount determined would not be appropriate after considering the best interests of the child. To make a determination of an amount outside these guidelines, the court may consider the following: - The financial needs and resources of the children - The financial needs and resources of the custodial parent - The standard of living the children would have had if the marriage wasn’t dissolved, or the separation didn’t occur, or if the parties had been married - The educational needs, and physical and emotional condition of the children - The financial needs and resources of the non-custodial parent As mentioned earlier, [calculating child support obligation ](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html)depends on the [non-custodial parent’s net incom](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html)e and the number of children parent is responsible for. But how is net income determined? Net income is calculated from the total of all income from all sources, minus these deductions: - Federal income tax - State income tax - Social Security (FICA) - Mandatory retirement contributions - Union dues - Dependent and individual health/hospitalization insurance premiums - Prior obligations of support or maintenance actually paid pursuant to a court order or administrative order - Expenses to repay debts representing reasonable and necessary expenses for the production of income - Medical expenses needed to preserve life or health - Reasonable expenses used for the benefit of the child and the other parent, exclusive of gifts If for some reason the net income can’t be determined, the court will order child support in an amount considered reasonable for that case. At [O’Dekirk, Allred & Associates in Joliet](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html), we’ve seen that in addition to the court process for calculating child support obligation in Illinois, the Department of Healthcare and Family Services (Child Support Services) can determine the amount of support through an administrative process. If the net income can’t be determined in administrative cases, the department determines a standard amount based on the state’s minimum wage to decide the monthly support obligation. [Support orders](https://www.odekirklaw.com/child-support-maintenance-attorney-joliet-il.html) established through this process have the same force and effect as through the court. (45 CFR 300.0 or 89 IL Administrative Code, Sec. 160.60 or 305 ILCS 5/Art. X) While calculating child support obligation in Illinois can be simple as plugging the non-custodial parent’s net income and the number of children for which they are responsible into the guidelines, it’s not always as cut and dry. At O’Dekirk, Allred & Associates in Joliet, we walk our clients through the entire process and help them navigate every hurdle the court system might present. For your own free consultation, [contact us today](https://www.odekirklaw.com/contact-odekirk-allred-associates.html). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** General --- ### [Real Estate Attorney](https://www.odekirklaw.com/real-estate-attorney/) **Published:** April 30, 2016 **Author:** O'Dekirk Law **Content:** ![]() Although the attorneys at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are widely recognized for their outstanding litigation skills, did you know they are also experts at [real estate attorney](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html)? Handling contract matters for [real estate attorney](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) requires experience and legal knowledge. At O’Dekirk, Allred & Associates, they pride themselves on keeping the end goal in mind while making sure our clients and real estate agents are kept updated and as involved. Their attorneys also have experience in [foreclosure mitigation ](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html)related matters including short sales for [real estate attorney.](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html) Whether you happen to be a first time home buyer or an experienced investor selling a property, they offer oversight of your [real estate contract ](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html)from the time you enter into contract through the time of closing. Their real estate attorney services are offered at a competitive, flat-rate fee. Contact [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available for your convenience, and all major credit cards are accepted. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Attorney for Real Estate, Best Real Estate Attorney, Look for Real Estate Attorney, Need Real Estate Attorney, Real Estate Attorney --- ### [Criminal Defense Attorney](https://www.odekirklaw.com/criminal-defense-attorney/) **Published:** April 13, 2016 **Author:** O'Dekirk Law **Content:** Your life is turned upside down when you are charged with a criminal misdemeanor or felony charge. 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You need the strongest and most knowledgeable [criminal defense attorney.](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html) [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are there for you. Their attorneys are former prosecutors who will utilize their extensive skills and expertise to achieve the best outcome for you. They have successfully defended all types of misdemeanor and felony cases, including: - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked - Murder/Homicide - Reckless Homicide Your defense will always come first. They offer weekend and evening appointments for your convenience. When your freedom is in question, get the best team of attorneys who will fight for your rights. It’s important. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Criminal Defense Attorney, Criminal Defense Attorney, Find Criminal Defense Attorney, Need a Criminal Defense Attorney --- ### [Joliet Criminal Defense Attorney](https://www.odekirklaw.com/joliet-criminal-defense-attorney/) **Published:** March 20, 2016 **Author:** O'Dekirk Law **Content:** One day your life is fine and then next you are charged with a criminal misdemeanor or a felony. If you want the [Joliet criminal defense attorney ](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html)who gives you a whole team of attorneys behind you, that’s [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html). 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Their attorneys are former prosecutors who will use their extensive skills and expertise to try to achieve the best outcome for you. They have successfully defended all types of misdemeanor and felony cases, including: - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked - Murder/Homicide - Reckless Homicide They offer weekend and evening appointments for your convenience. Your defense will always come first. When your freedom is in question, get the support of the best team of attorneys who will vigorously fight for your rights. It’s important for your freedom and your life. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Joliet Criminal Defense Attorney, Find Joliet Criminal Defense Attorney, Joliet Criminal Defense Attorney, Search Joliet Criminal Defense Attorney --- ### [DUI Attorney Joliet](https://www.odekirklaw.com/dui-attorney-joliet/) **Published:** March 13, 2016 **Author:** O'Dekirk Law **Content:** ![]() A DUI conviction can not only come with jail time, it can also lead to the permanent revocation of your driver’s license. A DUI is a serious problem and you need a good DUI attorney in Joliet to defend you. There’s too much to lose. 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The [DUI attorney in Joliet](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) worked as prosecutors and several members of the O’Dekirk, Allred & Associates firm have instructed law enforcement on field sobriety testing, breath instrument operation, and report writing. This gives them an invaluable insight into what the DA will present against you. This may give you the best possible chances to keep your life on track after a DUI. Please visit them as soon as possible. You need a good attorney on your side. [O’Dekirk, Allred & Associates’](https://www.odekirklaw.com/index.html) attorneys have a proven track record of defending and winning DUI cases. Your [DUI attorney in Joliet](https://www.odekirklaw.com/dui-defense-laywer-joliet-il.html) will have everything it takes to give your case a thorough investigation and make sure that your rights are protected. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DUI Attorney Joliet, DUI Attorney Joliet, Find DUI Attorney Joliet, Looking for DUI Attorney Joliet, Search DUI Attorney Joliet --- ### [DCFS Attorney Joliet](https://www.odekirklaw.com/dcfs-attorney-joliet/) **Published:** March 3, 2016 **Author:** O'Dekirk Law **Content:** ![]() Sometimes people misunderstand family situations and you can find yourself answering questions to Family Services. 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Their ultimate goal is to put you in the best position to succeed. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best DCFS Attorney in Joliet, DCFS Attorney Joliet, Find DCFS Attorney Joliet, Search for a DCFS Attorney Joliet --- ### [Joliet DCFS Defense Attorney](https://www.odekirklaw.com/joliet-dcfs-defense-attorney/) **Published:** February 24, 2016 **Author:** O'Dekirk Law **Content:** Has your family been investigated by the Department of Children and Family Services (DCFS)? If this happens, you need to get in touch with a [Joliet DCFS defense attorney](https://www.odekirklaw.com/dcfs-family-services-lawyer-joliet-il.html) with [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html), immediately. 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Call [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) as soon as possible and don’t talk to anyone until you do. ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Best Joliet DCFS Defense Attorney, Find Joliet DCFS Defense Attorney, Joliet DCFS Defense Attorney, Search for Joliet DCFS Defense Attorney --- ### [Real Estate Residential Law Joliet](https://www.odekirklaw.com/real-estate-residential-law-joliet-3/) **Published:** January 30, 2016 **Author:** O'Dekirk Law **Content:** Although the attorneys at [O’Dekirk, Allred & Associates](https://www.odekirklaw.com/index.html) are widely recognized for their outstanding litigation skills, did you know they are also experts at [real estate residential law in Joliet](https://www.odekirklaw.com/residential-real-estate-law-joliet-il.html)? 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O’Dekirk, Allred & Associates located in Joleit Illinois are ready to discuss your DUI, Family Law, Juvenile Law, Drug Offenses and other [Felony and Misdemeanor defense needs](https://www.odekirklaw.com/criminal-defense-laywer-joliet-il.html). ![author avatar](https://secure.gravatar.com/avatar/8919fb149f55d3b780e6adacebe8dd1c6df8c9476bd3699fe2d2864b0196c80f?s=300&d=mm&r=g) O'Dekirk Law [See Full Bio](https://www.odekirklaw.com/author/odekirk/) [ ](https://www.odekirklaw.com/author/odekirk/) **Categories:** Drug Offense, DUI, Family Law, Felony, Illinois, Joliet, Juvenile Law, Misdemeanor --- ## Pages ### [Home](https://www.odekirklaw.com/) **Published:** April 10, 2017 **Author:** O'Dekirk Law **Content:** ## AGGRESSIVE REPRESENTATION POSITIVE OUTCOMES [](https://www.odekirklaw.com/wp-content/uploads/pic3.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic4.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic9.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic11.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic7.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic2.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic5.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic10.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic12.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic8.jpg) [](https://www.odekirklaw.com/wp-content/uploads/pic6.jpg) ![When facing serious consequences, don't relay on a single attorney, count on our seasoned team](https://www.odekirklaw.com/wp-content/uploads/pic3.jpg) # Criminal, Family, DCFS, License Reinstatement, and Real Estate Law Offices ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ### When You Need the Very Best on Your Side Whether your case involves [criminal charges](https://www.odekirklaw.com/criminal-defense/), [divorce](https://www.odekirklaw.com/family-law/divorce/), [child support](https://www.odekirklaw.com/family-law/child-support-and-maintenance/), [custody](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/), [personal injury](https://www.odekirklaw.com/personal-injury/), [residential real estate](https://www.odekirklaw.com/real-estate/), [driver’s license reinstatement](https://www.odekirklaw.com/drivers-license-reinstatement/), or anything in between, you need a firm that is committed to every client and one that will work relentlessly to help you achieve the best results possible. 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[MEET THE TEAM](http://www.odekirklaw.com/meet-the-team/) ### AREAS OF PRACTICE ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal.png) [### Criminal Defense](http://www.odekirklaw.com/criminal-defense/ "Criminal Defense") Many of our lawyers are former prosecutors, while all have an unmatched reputation for criminal defense. Let us help you with your defense ##### [LEARN MORE](https://www.odekirklaw.com/criminal-defense/) ![null](https://www.odekirklaw.com/wp-content/uploads/i-family.png) [### Family Law](http://www.odekirklaw.com/family-law/ "Family Law") Our experienced lawyers can guide you through your divorce, child support modification, or post-divorce dispute. ##### [LEARN MORE](https://www.odekirklaw.com/family-law/) ![null](https://www.odekirklaw.com/wp-content/uploads/i-dcfs.png) [### DCFS](http://www.odekirklaw.com/dcfs-family-services/ "DCFS Family Services") If you’ve been contacted by the Department of Children and Family Services (DCFS), time is crucial. Contact us immediately. ##### [LEARN MORE](https://www.odekirklaw.com/dcfs-family-services/) ![null](https://www.odekirklaw.com/wp-content/uploads/i-license.png) [### Driver's License Reinstatement](http://www.odekirklaw.com/drivers-license-reinstatement/ "Driver’s License Reinstatement") Your privilege to drive is important. Our attorneys are experienced in cases restoring driving privileges. ##### [LEARN MORE](https://www.odekirklaw.com/drivers-license-reinstatement/) ![null](https://www.odekirklaw.com/wp-content/uploads/i-realestate.png) [### Real Estate](http://www.odekirklaw.com/real-estate/ "Real Estate") Our experienced attorneys represent both buyers and sellers, and have experience in short sales. 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Weekend and evening appointments are available, and all major credit cards are accepted. [![What to Do If DCFS Contacts You A Guide to Protecting Your Family and Rights ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-specialneedstrustattorney-600x400.jpg "blog-specialneedstrustattorney - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/if-dcfs-contacts/) ## [What to Do If DCFS Contacts You: A Guide to Protecting Your Family and Rights](https://www.odekirklaw.com/if-dcfs-contacts/) June 28, 2026 Getting a knock on the door or a phone call from the Department of Children and Family Services can send… [Read More](https://www.odekirklaw.com/if-dcfs-contacts/) [![Understanding DCFS Investigations and Your Rights What Every Parent Needs to Know ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-adopting-child-600x400.jpg "blog-adopting-child - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) ## [Understanding DCFS Investigations and Your Rights: What Every Parent Needs to Know](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) June 21, 2026 Few things are more unsettling than a knock at the door from a DCFS investigator. Whether you’re facing allegations of… [Read More](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) [![How an Attorney Can Help Protect Your Parental Rights A Complete Guide for Illinois Parents ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-paternity-600x400.jpg "blog-paternity - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) ## [How an Attorney Can Help Protect Your Parental Rights: A Complete Guide for Illinois Parents](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) June 14, 2026 Few things hit harder than the thought of losing time with your children. Whether you’re navigating a contentious divorce, facing… [Read More](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) --- ### [Adoption](https://www.odekirklaw.com/family-law/adoption/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## ADOPTION ## We simplify complicated issues and advocate for your goals. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Adoption Attorney, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### O’Dekirk, Rhodes & Associates, LLC can help you when you’re ready to expand your family. We can give you peace of mind during the often-complicated process of adoption, whether it’s before or after the child is born. We can also protect the rights of parents who are considering placing their child for adoption with an agency or through private adoption. All clients are welcome. Whether you’re single or married, gay or straight, a step-parent, a surrogate, an intended parent, or a child of adoption, we will help you understand Illinois adoption law and walk you through your journey. **[![Adoption ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## CHILD SUPPORT AND MAINTENANCE ## Tired of child support dominating your finances? ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Child Support and Maintenance Attorney, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Whether you are in need of child support or maintenance or need to reduce your obligations because of a change in circumstances, our attorneys are here to guide you through the process. We have a deep understanding of the complex regulation of child support and maintenance in Illinois. The financial circumstances of every home are unique, which is why we work hard to ensure you are able to both live comfortably and provide for your child at the same time. Our experience reading complex financial documents, such as tax return schedules and audits, paystub withholding amounts, and business valuations can help us gain critical insight into your case that you may have missed. Let us help you get the results you and your children need to ensure their health and well-being for the rest of their childhood. **[![Child Support and Maintenance ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING TIME ## When your rights are at stake, we’re here to protect them. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Allocation of Parental Responsibilities and Parenting Time Attorney (f/k/a Custody), Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our experienced family law attorneys frequently represent clients in allocation of parental responsibilities and parenting time disputes (f/k/a custody). Often, the initial determination of child custody and visitation plans occurs during a divorce proceeding. However, these types of issues can frequently arise when a parent seeks to modify an order, move away by seeking removal, or when other disputes arise. While our attorneys can typically negotiate a favorable outcome for clients when a custody dispute arises, you can feel secure knowing we can leverage our extensive litigation experience if the case proceeds to a hearing. Oftentimes, there is no room for negotiation if a parent or other family member is putting your child’s well-being at risk. We understand that your rights and your child’s rights are at stake. You need lawyers who can effectively demonstrate your case to a judge and put you in the best position to achieve the outcome you desire. **[![Allocation of Parental Responsibilities and Parenting Time ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Divorce](https://www.odekirklaw.com/family-law/divorce/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## DIVORCE ## Divorce is hard enough. With the right lawyers, it doesn’t have to be any harder. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Divorce and Family Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Whether you are planning on filing for divorce or your spouse has already initiated the proceedings, contact the attorneys at O’Dekirk, Rhodes & Associates, LLC to help guide you through this difficult process. We use our broad experience to protect your family’s financial and emotional interests. A divorce can have a long-term impact on your family and finances. We work to achieve the best possible outcome in your case to protect you from these burdens. Our experienced divorce lawyers have handled many high-asset divorce proceedings, including issues involving business valuation, pensions, real estate, financial securities, and more. We understand that no two divorce cases are ever the same and treat each client and case individually. Many of our divorce clients take advantage of our extensive trial experience and aggressive courtroom tactics; however, we can also resolve cases through settlement and negotiation. **[![Divorce ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Family Law](https://www.odekirklaw.com/family-law/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## FAMILY LAW ## From emotional stress to financial troubles, family issues can take a toll. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Family Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our thorough, experienced lawyers can guide you through your divorce, child support modification, or post-divorce dispute. We will work with you through every step of the process to keep you informed and protected while expediting your case to avoid unnecessary expenses. At O’Dekirk, Rhodes & Associates, LLC, our goal is to work towards an amicable resolution, but we will strongly advocate for you in the courtroom should the need arise. Our experienced family law attorneys have in-depth knowledge of the issues involved in divorce, Allocation of parental responsibilities and parenting time, child support, orders of protection, paternity, and prenuptial law. Coupled with our extensive trial experience, this gives us the power to attain the best possible outcome in your case. ### Our areas of practice include: - [Divorce](https://www.odekirklaw.com/family-law/divorce/ "Divorce") - [Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/ "Child Custody and Visitation") - [Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/ "Child Support and Maintenance") - [Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/ "Orders of Protection") - [Paternity](https://www.odekirklaw.com/family-law/paternity/ "Paternity") - [Adoption](https://www.odekirklaw.com/family-law/adoption/ "Adoption") - [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/ "Post-Divorce Disputes") - [Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/ "Prenuptial Agreements") **[![Family Law ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## CRIMINAL RECORD EXPUNGEMENT ## Don’t let a past mistake jeopardize future opportunities. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Criminal Record Expungement Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our attorneys can expunge or seal arrest records, even if you pleaded guilty to an offense. Expunging or sealing arrest records, as well as supervision court records, helps you protect your livelihood and future employment opportunities. Because of the law in Illinois, not every offense can be expunged. If you’re interested in expunging a record, we will meet with you to first determine whether or not you are eligible to take advantage of this opportunity. Then, we will begin the process of getting the case into court and having the record expunged or sealed. **[![Criminal Record Expungement ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## JUVENILE CASES ## We’re here to guide you and your family through this often-complicated process. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Juvenile Criminal Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our attorneys have an extensive amount of experience representing juveniles and their families when they are facing criminal charges or allegations of abuse and neglect in the household. We understand that such court proceedings involve not only the child but also the child’s family. Several members of the firm are former juvenile prosecutors who are familiar with juvenile law. You can feel confident knowing that our attorneys are ready to protect your family’s rights. It is important to know that the procedures and penalties in juvenile court are much different than those in adult court. It is vital to have an attorney representing your interests who knows the nuances of juvenile law and can implement this knowledge to your benefit. We will walk you and your child through the entire process, working to attain the best possible outcome for your family. **[![Juvenile Cases ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## DRUG OFFENSES ## Don’t risk severe penalties. Choose a firm that can fight for you. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Drug Offense Criminal Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our attorneys will put their legal skills and courtroom expertise to work for you when facing a drug or narcotics-related offense. These crimes can range from drug possession, possession with intent to deliver, manufacturing, and even trafficking. As former prosecutors with experience litigating all types of drug cases, we are well-versed in the law governing these cases. We will seek out every possible way to beat your case. Our attorneys have successfully represented many individuals who are facing drug charges, including marijuana, cocaine, heroin, ecstasy, and crystal meth. Individuals facing these charges often face severe penalties, including incarceration. We will utilize our knowledge of the law, familiarity with the local court system, and extensive trial skills to achieve the best possible outcome in your case. In many cases, we can help you avoid jail time and even a felony on your permanent record. **[![Drug Offenses ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## TRAFFIC AND CDL DEFENSE ## Protect your driving privileges. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Traffic and CDL Defense Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### When you’ve been charged with a traffic offense, turn to the attorneys at O’Dekirk, Rhodes & Associates, LLC. Penalties for traffic violations can vary — typically, they are punishable only by a fine. However, if any aggravating factors exist, such as speeding more than 30 miles per hour over the speed limit, prosecutors may seek jail time. We can guide you through the court process and work to achieve the best possible outcome in your case. If you possess a CDL (Commercial Driver’s License), the possible penalties may be harsher for your license. In Illinois, the Secretary of State’s Office often will not recognize court supervision, even if the judge orders it. Furthermore, charges such as driving your truck with an overweight load can result in severe financial penalties costing thousands of dollars. Our attorneys frequently handle CDL issues and understand that your CDL is often your livelihood. We will do everything we can to protect it. ### We handle all types of traffic violations, including: - Speeding - Reckless driving - Hit and run - Failure to yield - Driving with an overweight load - Speeding in a construction or school zone - Leaving the scene - Disregarding a stop sign **[![Traffic and CDL Defense ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## DUI DEFENSE ## Our attorneys have a proven track record of defending and winning DUI cases. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # DUI Defense Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### If you’ve been charged with DUI, having an experienced and knowledgeable lawyer on your side is a must. Our attorneys have represented clients in the most difficult of cases. A DUI conviction can lead to the permanent revocation of your driver’s license, and in some situations, jail time. DUI charges can be complex, as there are many details and procedures a police officer must handle correctly. We are incredibly familiar with these procedures and their adherence policies. While working as prosecutors, several members of the firm instructed law enforcement on field sobriety testing, breath instrument operation, and report writing. We have everything it takes to thoroughly investigate your case and ensure your rights are protected. **[![DUI Defense ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## FELONIES AND MISDEMEANORS ## When facing serious consequences, don’t rely on a single attorney. Count on our seasoned team. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Felony and Misdemeanor Defense Attorney, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Both misdemeanors and felonies come with serious consequences. Misdemeanor sentences can include up to 1 year in prison and a fine of up to $2,500. Felony cases carry the harshest potential punishments, often including prison or probation. Having either a misdemeanor or felony conviction on your record can negatively affect current and future employment opportunities — often for the rest of your life. Our attorneys are former prosecutors who will utilize their extensive skills and experience to achieve the best outcome in your case. All of our attorneys will review your case, and no detail will go overlooked. We have successfully defended all types of misdemeanor and felony cases, including: - Murder / Homicide - Reckless Homicide - Sex Crimes - Domestic Battery / Domestic Violence - Aggravated Battery - Armed Robbery - Drug Charges - Weapons Charges - Burglary - Assault - Theft / Retail Theft - Computer Crimes - Forgery - Internet Crimes - White Collar Crimes - DUI (Driving Under the Influence) - Driving While License Revoked **[![Felonies and Misdemeanors ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Criminal Defense](https://www.odekirklaw.com/criminal-defense/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### CRIMINAL DEFENSE PRACTICE AREAS --- **[Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/)** **[Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/)** **[DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/)** **[Juvenile Cases](https://www.odekirklaw.com/criminal-defense/juvenile-cases/)** **[Traffic and CDL Defense](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/)** **[Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/)** ## CRIMINAL DEFENSE ## Many of our lawyers are former prosecutors with an unmatched reputation for criminal defense. ![null](https://www.odekirklaw.com/wp-content/uploads/i-criminal-white.png) # Criminal Defense Law Offices, Joliet, IL ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our reputation is so strong in the local legal community that we are often hired by police officers and firefighters facing their own legal issues. At O’Dekirk, Rhodes & Associates, LLC, we understand that criminal charges can lead to severe consequences, such as jail time and a permanent criminal record. These consequences can significantly affect your future and potentially harm your job prospects. Many of our lawyers are former prosecutors with an unmatched reputation for criminal defense. We have an in-depth knowledge of the local court system and Illinois law. Coupled with our extensive trial experience, this gives us the power to attain the best possible outcome in your case. ### Our areas of practice include: - [Felonies and Misdemeanors](https://www.odekirklaw.com/criminal-defense/felonies-and-misdemeanors/ "Felonies and Misdemeanors") - [DUI Defense](https://www.odekirklaw.com/criminal-defense/dui-defense/ "DUI Defense") - [Traffic and CDL violations](https://www.odekirklaw.com/criminal-defense/traffic-and-cdl-defense/ "Traffic and CDL Defense") - [Drug Offenses](https://www.odekirklaw.com/criminal-defense/drug-offenses/ "Drug Offenses") - [Juvenile](https://www.odekirklaw.com/criminal-defense/juvenile-cases/ "Juvenile Cases") - [Criminal Record Expungement](https://www.odekirklaw.com/criminal-defense/criminal-record-expungement/ "Expungement") **[![Criminal Defense ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Directory](https://www.odekirklaw.com/meet-the-team/directory/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ## DIRECTORY ## Find maps and addresses of important facilities. ![null](https://www.odekirklaw.com/wp-content/uploads/i-directory.png) # Directory of Important Facilities, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Bolingbrook Branch Court 375 W. Briarcliff Rd. Bolingbrook, IL 60440 [GOOGLE MAP](https://goo.gl/maps/fWWdE "Link to Bolingbrook Branch Court on Google Maps") #### Cook County Domestic Violence Courthouse 555 W. Harrison St. Chicago, IL 60607 [GOOGLE MAP](https://goo.gl/maps/YtVG7 "Link to Cook County Domestic Violence Courthouse on Google Maps") #### Fifth Municipal District Courthouse – Bridgeview 10220 South 76th Ave. Bridgeview, IL 60455 [GOOGLE MAP](https://goo.gl/maps/InyiT "Link to Fifth Municipal District Courthouse – Bridgeview on Google Maps") #### Fourth Municipal District Courthouse – Maywood 1500 Maybrook Ave. Maywood, IL 60153 [GOOGLE MAP](https://goo.gl/maps/i0Tps "Link to Fourth Municipal District Courthouse – Maywood on Google Maps") #### Grundy County Courthouse 111 E Washington St Morris, IL 60450 [GOOGLE MAP](https://goo.gl/maps/MEVg7 "Link to Grundy County Courthouse on Google Maps") #### Lockport Branch Court 222 E. 9th St. Lockport, IL 60441 [GOOGLE MAP](https://goo.gl/maps/IlWz8 "Link to Lockport Branch Court on Google Maps") #### Plainfield Branch Court 14300 S. Coil Plus Dr. Plainfield, IL 60544 [GOOGLE MAP](https://goo.gl/maps/UJ9pd "Link to Plainfield Branch Court on Google Maps") #### Second Municipal District Courthouse – Skokie 5600 Old Orchard Road Skokie, IL 60077 [GOOGLE MAP](https://goo.gl/maps/JN0gt "Link to Second Municipal District Courthouse – Skokie on Google Maps") #### Third Municipal District Courthouse – Rolling Meadows 2121 Euclid Ave. Rolling Meadows, IL 60008 [GOOGLE MAP](https://goo.gl/maps/K4nGf "Link to Third Municipal District Courthouse – Rolling Meadows on Google Maps") #### Wilmington Branch Court 1165 S. Water St. Wilmington, IL 60481 [GOOGLE MAP](https://goo.gl/maps/j7yx2 "Link to Wilmington Branch Court on Google Maps") #### Braidwood Branch Court 141 W. Main St. Braidwood, IL 60408 [GOOGLE MAP](https://goo.gl/maps/T3eGD "Link to Braidwood Branch Court on Google Maps") #### Cook County Juvenile Justice Division 1100 S. Hamilton Ave. Chicago, IL 60612 [GOOGLE MAP](https://goo.gl/maps/c5xF6 "Link to Cook County Juvenile Justice Division on Google Maps") #### First Municipal District – Richard J. Daley Center 50 W. Washington St. Chicago, IL 60602 [GOOGLE MAP](https://goo.gl/maps/LL3bT "Link to First Municipal District – Richard J. Daley Center on Google Maps") #### Frankfort Branch Court 11008 W. Lincoln Highway Frankfort, IL 60423 [GOOGLE MAP](https://goo.gl/maps/OcA1u "Link to Frankfort Branch Court on Google Maps") #### Kendall County Courthouse 807 W John St Yorkville, IL 60560 [GOOGLE MAP](https://goo.gl/maps/1a9G2 "Link to Kendall County Courthouse on Google Maps") #### Peotone Branch Court 712 West St. Peotone, IL 60468 [GOOGLE MAP](https://goo.gl/maps/CDg7k "Link to Peotone Branch Court on Google Maps") #### River Valley Justice Center (Will County Juvenile Court) 3200 McDonough St Joliet, IL 60431 [GOOGLE MAP](https://goo.gl/maps/Be9rz "Link to River Valley Justice Center (Will County Juvenile Court) on Google Maps") #### Sixth Municipal District Courthouse – Markham 16501 S. Kedzie Parkway Markham, IL 60428 [GOOGLE MAP](https://goo.gl/maps/FhjBo "Link to Sixth Municipal District Courthouse – Markham on Google Maps") #### Will County Courthouse 14 W Jefferson St Joliet, IL 60432 [GOOGLE MAP](https://goo.gl/maps/rhWlU "Link to Will County Courthouse on Google Maps") **[![Directory ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) **Published:** January 10, 2023 **Author:** O'Dekirk Law **Content:** ##### MEET OUR TALENTED TEAM --- **[Robert O’Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/)** [**Hayley Graf**](https://www.odekirklaw.com/meet-the-team/haley-graf/) **[Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) [](https://www.odekirklaw.com/meet-the-team/alex-boyd/)** **[Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/)** ## BRENNAN BRYAN ## Attorney at Law ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) # Brennan Bryan – Attorney at Law ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ![Brennan Bryan ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Brennan-Bryan-Attorney-Odekirk-Allred-Rhodes.jpg "Brennan Bryan Attorney O'dekirk, Allred & Rhodes - O'Dekirk, Rhodes & Associates, LLC") Growing up in Wilmington, Illinois, Brennan Bryan learned the importance of a strong work ethic from his long line of familial tradesmen. He excelled in the classroom from a young age, always graduating with honors and distinction. Following his graduation from Wilmington High School, Brennan pursued his undergraduate studies at Illinois State University. While in college, Brennan worked for State Farm Bank in their Finance department. There, he learned invaluable skills in both finance and team building. Thereafter, he interned as an accountant at PricewaterhouseCoopers, one of the largest public accounting firms in the world. A short time later, Brennan graduated with high honors, Magna Cum Laude, from Illinois State University with degrees in Accounting and Finance. After graduation, Brennan began working full-time for PricewaterhouseCoopers in their assurance department until he eventually decided to move into private accounting. In the private sector, Brennan managed the billing department at Brieser Construction while saving money to return to school and pursue a law degree at Northern Illinois University. While in law school, Brennan interned at O’Dekirk, Rhodes & Associates, LLC, and participated in the Will County Judicial Externship program. While in the externship program, Brennan served as a Clerk to Judge O’Leary in the civil division and conducted numerous research projects for several Judges in the criminal division. As an intern at O’Dekirk, Allred, & Rhodes, LLC, Brennan assisted with family law and criminal cases before ultimately finding his passion for real estate law. After interning during his 2L and 3L year of law school, Brennan graduated with honors, Cum Laude, from Northern Illinois University with a J.D. degree and his M.B.A. from the business school in May of 2022. Brennan then sat for the Illinois Bar in July of 2022 and was admitted to the Illinois Bar in November 2022. Thereafter, Brennan accepted a full-time position with O’Dekirk, Rhodes & Associates, LLC, where he now focuses on transactional work. When Brennan is not closing real estate transactions, he enjoys playing golf and softball in recreational leagues and playing chess. O’Dekirk, Rhodes & Associates, LLC is pleased to have Brennan as a part of their team. **[![Brennan Bryan ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Hayley Graf](https://www.odekirklaw.com/meet-the-team/haley-graf/) **Published:** January 12, 2021 **Author:** O'Dekirk Law **Content:** ##### MEET OUR TALENTED TEAM --- **[Robert O’Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/)** [**Hayley Graf**](https://www.odekirklaw.com/meet-the-team/haley-graf/) **[Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) [](https://www.odekirklaw.com/meet-the-team/alex-boyd/)** **[Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/)** ## **HAYLEY GRAF** ## Attorney at Law ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) # Hayley Graf – Attorney at Law ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ![Hayley Graf ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/Haley-Graf.jpg "Haley-Graf - O'Dekirk, Rhodes & Associates, LLC") Hayley is a lifelong resident of Will County and a first-generation attorney in her family. She graduated from the University of Illinois Urbana-Champaign in 2017 with a Bachelor of Science in Human Development and Family Studies. She graduated with the high distinction of Magna Cum Laude. Throughout her time at the University of Illinois, Hayley was a member of the Pre-Law Honors Society and was awarded Outstanding Senior in Human Development and Family Studies in 2017. After graduating from the University of Illinois, Hayley interned at O’Dekirk, Rhodes & Associates, LLC, where she assisted with real estate and family law matters. This time at the firm further solidified her desire to pursue a legal education. Hayley began law school at DePaul University College of Law in 2017. Throughout law school, Hayley was active in academic life, and was awarded various distinctions and honors along the way. Upon entering law school, Hayley was the recipient of the Schiller, DuCanto & Fleck Family Law Fellowship. She was also a student worker for the Schiller, DuCanto & Fleck Family Law Center throughout law school. In her second year at DePaul, Hayley served as a Teaching Assistant for the family law section of the Legal Analysis, Research, and Communications course offered to first-year law students. She was also an active member of the DePaul Advocates Program throughout law school, as well as a member of Phi Alpha Delta Honor Society. During law school, Hayley participated in the Will County Judicial Externship Program, where she clerked for judges in both the civil and criminal sectors. She also worked as a Law Clerk for a personal injury law firm in Chicago, where she gained experience drafting and researching civil matters. She also gained experience facilitating focus groups and preparing trial materials. Hayley graduated in the top 5% of her class at DePaul University College of Law in 2020. She graduated with the highest distinction of Summa Cum Laude, Order of the Coif, and received numerous CALI Awards throughout her law school career for earning the highest grade in individual classes. Among those, she is most proud of the CALI Awards she received in Family Law, Real Estate Transactions, Legal Drafting, and Trial Advocacy. After graduating from DePaul, Hayley found her home back at O’Dekirk, Rhodes & Associates, LLC. She passed the bar exam in 2020 and was admitted to the Illinois Bar in 2021. **[![Hayley Graf ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/) **Published:** October 28, 2019 **Author:** O'Dekirk Law **Content:** ##### MEET OUR TALENTED TEAM --- **[Robert O’Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/)** [**Hayley Graf**](https://www.odekirklaw.com/meet-the-team/haley-graf/) **[Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) [](https://www.odekirklaw.com/meet-the-team/alex-boyd/)** **[Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/)** ## ANNA NUGENT ## Attorney at Law ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) # Anna Nugent – Attorney at Law ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ![Anna Nugent ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/anna_nugent_odekirk.jpg "anna_nugent_odekirk - O'Dekirk, Rhodes & Associates, LLC") #### Anna is a native of Manhattan and is a lifelong resident of Will County. Growing up, she was active in community activities ranging from athletics to the local 4H Club. These activities led her to pursue a career in agriculture and she graduated from the University of Illinois in 2014 with a degree in Agribusiness Markets and Management. Upon graduation, she pursued her lifelong dream of becoming an attorney and attended The John Marshall Law School in Chicago. During law school, Anna participated in the Will County Judicial Externship program where she clerked for judges in both the civil and criminal sector. She then went on to clerk for the Chief Justice Bruce Black in the U.S. Bankruptcy Court for the Northern District of Illinois. She pursued bankruptcy law by using her 7-11 license at the Department of Justice where she drafted memorandums, conducted legal research, and appeared on motions on behalf of the United States Trustee. Although Anna enjoyed clerking, she knew her true passion was in the courtroom. During her third year of law school, she was a 7-11 intern at the Will County State’s Attorney’s Office. During that time, she gained valuable litigation and courtroom experience before becoming a licensed attorney. Anna was admitted to the Illinois bar in November 2017. Prior to joining the firm, she worked as an assistant state’s attorney in Vermillion County where she prosecuted juvenile abuse and neglect. She was also as an assistant public defender in Will County where she handled criminal misdemeanor and misdemeanor traffic cases. Her daily courtroom time has sharpened her skills to be a zealous advocate for her clients. In her spare time, Anna spends time with her family and friends. She also enjoys giving back to the community as a youth basketball coach and is a member of the Erin’s Rovers Ladies Gaelic Football Club. **Education** The John Marshall Law School, Chicago University of Illinois, Agribusiness Markets and Management **Bar Admissions** State of Illinois **[![Anna Nugent ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### MEET OUR TALENTED TEAM --- **[Robert O’Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/)** [**Hayley Graf**](https://www.odekirklaw.com/meet-the-team/haley-graf/) **[Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) [](https://www.odekirklaw.com/meet-the-team/alex-boyd/)** **[Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/)** ## THOMAS RHODES ## Attorney at Law ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) # Thomas Rhodes – Attorney at Law ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ![Thomas Rhodes ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/tom.jpg "tom - O'Dekirk, Rhodes & Associates, LLC") #### Tom Rhodes is recognized in the legal community for his exceptional communication skills and his attention to detail. Born in Wilmington, Illinois, Thomas Rhodes was a scholar from the time he first stepped into the classroom. Graduating from Wilmington High School with high honors, and academic awards to boot, Tom was recognized by his teachers and peers as an individual of intelligent character with promising potential. Thereafter, Tom set his focus on the study of Architecture at Joliet Junior College. At this time, Tom also stumbled on opportunity working with a local solo practitioner of law. In this capacity, he instinctively applied his skills in logic and reasoning to a high volume of real estate and foreclosure matters. Tom excelled in this position and quickly became a young icon in the legal community. After finishing his Associate’s Degree, Tom elected to pursue an education in law and transferred to the University of St. Francis in Joliet, Illinois. Despite working long hours while tackling 18 credit hour semesters, Tom managed to graduate with a 4.00 GPA and a Bachelor’s Degree in Political Science. At graduation, Tom was awarded the Dean’s Scholar Award and the Frank P. Weberg Award, in recognition of ranking 1st among those who shared his major. In active pursuit of his legal career, Tom transitioned into The John Marshall Law School in Chicago, Illinois. There, Tom only added to his list of academic achievements. Tom received several CALI Awards for earning the highest grade in individual classes before graduating with the high distinction of Cum Laude. Additionally, Tom served on The John Marshall Law Review and often participated in Moot Court competitions. In fact, Tom was named Champion of his law school’s Dean Fred F. Herzog Moot Court Competition and subsequently argued in the Tulane Mardi Gras Sports Law Invitational Moot Court Competition, where he earned a perfect score. Before his hire with O’Dekirk, Rhodes & Associates, LLC, Tom bolstered his practical skill set with hands-on experience. He spent both of his summers during law school externing for local county judges. Tom also spent his 2L year at a highly regarded Chicago firm, focusing on nursing home negligence and medical malpractice. O’Dekirk, Rhodes & Associates, LLC is proud to have Tom as a strong member of its team and looks forward to his promising future. **[![Thomas Rhodes ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Robert O'Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### MEET OUR TALENTED TEAM --- **[Robert O’Dekirk](https://www.odekirklaw.com/meet-the-team/robert-odekirk/)** [**Hayley Graf**](https://www.odekirklaw.com/meet-the-team/haley-graf/) **[Brennan Bryan](https://www.odekirklaw.com/meet-the-team/brennan-bryan/) [](https://www.odekirklaw.com/meet-the-team/alex-boyd/)** **[Thomas Rhodes](https://www.odekirklaw.com/meet-the-team/thomas-rhodes/) [Anna Nugent](https://www.odekirklaw.com/meet-the-team/anna-nugent/)** ## ROBERT O’DEKIRK ## Attorney at Law ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) # Robert O’Dekirk – Attorney at Law ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois ![Robert ODekirk ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/bob.jpg "bob - O'Dekirk, Rhodes & Associates, LLC") #### Bob O’Dekirk, a Managing Partner at O’Dekirk, Rhodes & Associates, LLC, is known for his extensive background in public service, strong litigation skills, and drive to achieve positive outcomes for his clients. Robert O’Dekirk is a graduate of the University of Illinois (1991) and the John Marshall Law School (2003). Prior to becoming an attorney, Bob worked as a Joliet Police Officer for 10 years, serving as both a patrolman and a plainclothes officer. During that time, Bob was a highly decorated officer who was nominated four times for Officer of the Year and was the 1995 winner of the Martin S. Murrin Labor Award. Bob was an elected officer on his local Fraternal Order of Police executive board and participated in contract negotiations, arbitration hearings, and disciplinary hearings. While still working as a police officer, Bob enrolled at the John Marshall Law School and completed his degree in four years. He wrote and edited for the John Marshall Law Review and graduated with honors. After graduation, Bob left the police department and took employment as an Assistant Corporate Counsel for the City of Chicago. As a city prosecutor, Bob was assigned to a task force, which worked in conjunction with the Chicago Police Narcotic Teams and the Cook County State Attorney’s Office in prosecuting narcotic conspiracy cases within the City of Chicago. After working for three years as a prosecutor, Bob came back to Will County and worked in private practice, where he litigated countless criminal and family cases, as well as continued to work with various employment-related issues. In the Spring of 2008, Bob was recruited to work with the United States Department of State in Iraq. Bob was deployed in August 2008 to assist the United States Army in its efforts to rebuild, train, mentor, and advise the Iraqi Police. Approximately six months into his deployment, Bob was promoted to Regional Commander for the North of Iraq, covering the Tikrit and Mosul regions. In this position, Bob worked with numerous high-level officers in both the U.S. Army and the Iraqi Police Services. After 20 months of service in Iraq, Bob returned to the U.S. and resumed the practice of law at O’Dekirk, Rhodes & Associates, LLC. Although Bob’s lawyering skills derive primarily from a criminal law background, he quickly shifted his interests and applied them in the family law realm. Bob’s relentless efforts and incredible focus led to his being named Partner at the firm. In April 2011, Bob was elected to the Joliet City Council, where he represented District 2 within the City of Joliet. In April 2015, Bob was elected Mayor of the City of Joliet. Bob presently balances his position in public office with his active participation in the firm’s family law practice. **[![Robert ODekirk ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Meet the Team](https://www.odekirklaw.com/meet-the-team/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ## MEET THE TEAM ## Your case deserves the best representation possible. ![null](https://www.odekirklaw.com/wp-content/uploads/i-columns.png) # Meet The Team, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our firm provides the personal attention and advocacy you need. #### Our intelligent and aggressive representation of clients has earned our firm a reputation for positive results. We handle all types of felony and misdemeanor cases, divorce, custody, child support, driver’s license reinstatement, personal injury, and residential real estate. #### When it comes to one of the most important days in your life — when your case is decided — rely on a team of attorneys with the experience to provide you with the best outcome available. #### Clients all across the surrounding counties can attest to the top-notch service we provide. To meet with us and prepare for your case, you can visit our Joliet office. 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The attorneys at O’Dekirk, Rhodes & Associates, LLC have extensive experience helping individuals obtain a restricted driver’s permit and, eventually, their driver’s licenses back. Having a revoked driver’s license makes your daily living extremely difficult and can hamper both your family and work life. Let us guide you through the process. We’ll schedule an administrative hearing with the Secretary of State, prepare you for the questions you’ll be asked, assist you in presenting yourself to the hearing officer, and desperately work toward convincing the Secretary of State to give you back your driving privileges. We understand how important your driving rights are to you, and will put you in the best position to succeed in your driver’s license reinstatement hearing. **[![Drivers License Reinstatement ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Real Estate](https://www.odekirklaw.com/real-estate/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ## REAL ESTATE ## In handling residential real estate matters, we set our litigation mindsets to the side and focus on getting to the closing table. ![null](https://www.odekirklaw.com/wp-content/uploads/i-realestate-white.png) # Residential Real Estate Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Although our attorneys are recognized for their outstanding litigation skills, certain areas of law call for a more collective attitude. Handling residential contract matters is one such area of law. At O’Dekirk, Rhodes & Associates, LLC, we pride ourselves on keeping the end goal in mind while making sure our clients and real estate agents are kept updated and as involved as they desire to be. We also have experience in foreclosure mitigation related matters including short sales. Whether you happen to be a first time home buyer or an experienced investor selling a property, we offer oversight of your real estate contract from the time you enter into contract through the time of closing. Our services are offered at a competitive, flat-rate fee. **[![Real Estate ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [DCFS Family Services](https://www.odekirklaw.com/dcfs-family-services/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ## DCFS ## It’s important to take action immediately if you’re contacted by DCFS. ![null](https://www.odekirklaw.com/wp-content/uploads/i-dcsf-white.png) # DCFS Attorney Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### If DCFS (Department of Children and Family Services) has contacted you or a member of your family, contact O’Dekirk, Rhodes & Associates, LLC immediately. DCFS investigates complaints of child neglect or abuse reported by a family member, teacher, neighbor, or any other person involved in your child’s life. If the report is supported, DCFS can negatively impact your family for years to come. It is imperative that you act quickly when such a matter arises. We will help you navigate your DCFS case and assist in preserving your rights. Regardless of the allegations, it is important to have lawyers who are well versed in protecting your interests in these claims. A DCFS case is a unique and complex proceeding that is different than a typical criminal charge. Our lawyers are experienced in DCFS defense and able to stand by your side and represent you against these accusations. We understand that family is the most important thing in your life, and we will go to great lengths to represent you in these proceedings. Our ultimate goal is to put you in the best position to succeed. **[![DCFS Family Services ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## PRENUPTIAL AGREEMENTS ## Preparation is always a smart choice. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Prenuptial Agreement and Family Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our attorneys represent a wide range of family law concerns, including drafting prenuptial and postnuptial agreements. Sometimes, it’s advantageous to plan for contingencies in the future. We’ll take the time to understand your situation and needs in order to advise you about the options that will work best. Our attorneys are skilled legal writers who will ensure that your assets are protected in the event of a future dissolution. **[![Prenuptial Agreements ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## POST-DIVORCE DISPUTES ## Conflicts from co-parenting? We can help. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Post-Divorce Disputes Lawyer, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Sometimes, your divorce isn’t over on the day you receive judgment. Often, parents must work together after the divorce to co-parent their minor children. Unfortunately, this often leads to disagreements about visitation, the child’s health, education, religious upbringing, or extracurricular activities. Financial disputes are also very common. Child support obligations can fluctuate, and maintenance can end or be renewed as life circumstances change. It’s essential to have attorneys who will fight for your rights and give you the individual attention your case deserves. **[![Post Divorce Disputes ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Paternity](https://www.odekirklaw.com/family-law/paternity/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## PATERNITY ## Protect the bond you have with your child. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Paternity and Family Law Offices, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Our attorneys represent both men and women in paternity matters. If you are seeking to establish paternity or parentage of a child, we can guide you through all stages of the process. We have handled numerous paternity cases for mothers seeking to confirm the identity of their child’s father, as well as fathers who wish to establish their parental rights in regard to custody and support. We realize that the bond between a parent and a child is sacred and that children who have a healthy, long-lasting relationship with their parents have a greater chance of success. Let us help you make that connection with a free consultation today. **[![Paternity ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/) **Published:** May 14, 2018 **Author:** O'Dekirk Law **Content:** ##### FAMILY LAW PRACTICE AREAS --- **[Divorce](https://www.odekirklaw.com/family-law/divorce/)** **[Allocation of Parental Responsibilities and Parenting Time](https://www.odekirklaw.com/family-law/allocation-of-parental-responsibilities-and-parenting-time/)** **[Child Support and Maintenance](https://www.odekirklaw.com/family-law/child-support-and-maintenance/)** **[Orders of Protection](https://www.odekirklaw.com/family-law/orders-of-protection/)** **[Paternity](https://www.odekirklaw.com/family-law/paternity/)** **[Adoption](https://www.odekirklaw.com/family-law/adoption/) [Post-Divorce Disputes](https://www.odekirklaw.com/family-law/post-divorce-disputes/)[Prenuptial Agreements](https://www.odekirklaw.com/family-law/prenuptial-agreements/)** ## ORDERS OF PROTECTION ## In threatening situations, turn to us for protection and defense. ![null](https://www.odekirklaw.com/wp-content/uploads/i-family-white.png) # Orders of Protection Attorney, Joliet, Illinois ## O’Dekirk, Rhodes & Associates, LLC – Joliet, Illinois #### Physical or emotional abuse is an unfortunate reality for many who contemplate divorce or are going through the divorce process. It also often occurs between unmarried couples or family members. We can assist in obtaining orders of protection for victims of this abuse to ensure their welfare in a difficult situation. Our attorneys are well versed in how allegations of domestic violence impact children and the legal rights of those involved. In custody cases, orders of protection are often utilized as a tool to prevent a parent from having contact with their child, and we can help defeat frivolous claims that could otherwise cause irreparable damage to the family. If you are seeking an order of protection, or one has been filed against you, don’t hesitate to discuss your options with one of our compassionate, qualified attorneys. **[![Orders of Protection ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/i-chat.png "i-chat - O'Dekirk, Rhodes & Associates, LLC")Contact us](https://odekirklaw.com/contact-odekirk-allred-associates.html)** today for your free consultation to learn more about the thorough representation we can provide for you. Weekend and evening appointments are available, and all major credit cards are accepted. --- ### [Our Blog](https://www.odekirklaw.com/meet-the-team/our-blog/) **Published:** April 20, 2017 **Author:** O'Dekirk Law **Content:** ## OUR BLOG ## Read our current blog articles ![null](https://www.odekirklaw.com/wp-content/uploads/i-law-white.png) [![What to Do If DCFS Contacts You A Guide to Protecting Your Family and Rights ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-specialneedstrustattorney-600x400.jpg "blog-specialneedstrustattorney - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/if-dcfs-contacts/) ## [What to Do If DCFS Contacts You: A Guide to Protecting Your Family and Rights](https://www.odekirklaw.com/if-dcfs-contacts/) June 28, 2026 Getting a knock on the door or a phone call from the Department of Children and Family Services can send any parent into a panic. Your mind races, your heart pounds, and you’re left wondering what comes next. Whether you’re completely blindsided or had an inkling something might happen, knowing how to respond matters, a… [Read More](https://www.odekirklaw.com/if-dcfs-contacts/) [![Understanding DCFS Investigations and Your Rights What Every Parent Needs to Know ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-adopting-child-600x400.jpg "blog-adopting-child - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) ## [Understanding DCFS Investigations and Your Rights: What Every Parent Needs to Know](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) June 21, 2026 Few things are more unsettling than a knock at the door from a DCFS investigator. Whether you’re facing allegations of neglect or abuse, or simply want to understand how the system works, knowing your rights can make all the difference in protecting your family. At O’Dekirk, Allred & Associates, LLC, we’ve guided countless families through… [Read More](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) [![How an Attorney Can Help Protect Your Parental Rights A Complete Guide for Illinois Parents ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-paternity-600x400.jpg "blog-paternity - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) ## [How an Attorney Can Help Protect Your Parental Rights: A Complete Guide for Illinois Parents](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) June 14, 2026 Few things hit harder than the thought of losing time with your children. Whether you’re navigating a contentious divorce, facing a DCFS investigation, or dealing with custody modifications, your parental rights are one of the most important things you’ll ever fight to protect. The legal system surrounding parental rights can feel overwhelming, and honestly, it… [Read More](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) [![How ODekirk Rhodes Associates LLC Handle High Profile Criminal Cases Inside Our Defense Strategy ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-gavel-2-600x400.jpg "blog-gavel-2 - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) ## [How O’Dekirk, Rhodes & Associates, LLC Handle High-Profile Criminal Cases: Inside Our Defense Strategy](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) June 7, 2026 When criminal charges make headlines, everything changes. The stakes skyrocket, public scrutiny intensifies, and one wrong move can permanently alter a defendant’s life, both inside and outside the courtroom. At O’Dekirk, Rhodes & Associates, LLC, we’ve built our reputation in the Joliet, Illinois area by taking on cases others might shy away from. Our team… [Read More](https://www.odekirklaw.com/o-dekirk-rhodes-handle-high-profile-criminal-cases/) [![Summer Festival Arrests in Morris Your Guide to Finding the Right Legal Help ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-law-juvenile-600x400.jpg "blog-law-juvenile - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/summer-festival-arrests-legal-help-morris/) ## [Summer Festival Arrests in Morris: Your Guide to Finding the Right Legal Help](https://www.odekirklaw.com/summer-festival-arrests-legal-help-morris/) May 26, 2026 Summer in Morris means outdoor concerts, food fairs, and community celebrations that draw thousands of visitors each year. But with the crowds and festivities comes an unfortunate reality: a significant spike in arrests. Whether it’s a misunderstanding that escalated, an open container violation, or something more serious, finding yourself in handcuffs at what should have… [Read More](https://www.odekirklaw.com/summer-festival-arrests-legal-help-morris/) [![Understanding Misdemeanor Sentencing in Wilmington What You Need to Know ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-courthouse-1-600x400.jpg "blog-courthouse - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/understanding-misdemeanor-sentencing-wilmington/) ## [Understanding Misdemeanor Sentencing in Wilmington: What You Need to Know](https://www.odekirklaw.com/understanding-misdemeanor-sentencing-wilmington/) May 19, 2026 Facing a misdemeanor charge in Wilmington can feel overwhelming, especially when you’re uncertain about what penalties you might face. While misdemeanors are less serious than felonies, they still carry real consequences, fines, probation, and even jail time can disrupt your life and leave a mark on your record. We’ve seen how confusing North Carolina’s sentencing… [Read More](https://www.odekirklaw.com/understanding-misdemeanor-sentencing-wilmington/) [![How Small Town Courts Handle Criminal Cases An Inside Look at Rural Justice ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-book-gavel-600x400.jpg "blog-book-gavel - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) ## [How Small-Town Courts Handle Criminal Cases: An Inside Look at Rural Justice](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) May 13, 2026 If you’ve ever wondered how criminal cases play out in smaller communities, you’re not alone. The image most people have of courtrooms comes from big-city dramas, crowded hallways, anonymous proceedings, and attorneys rushing between cases. But in small-town courts across Illinois and beyond, things work differently. The pace, the relationships, and even the challenges take… [Read More](https://www.odekirklaw.com/small-town-courts-handle-criminal-cases/) [![Legal Representation for Misdemeanors in Morris What You Need to Know Before Your Court Date ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-jail-cell-600x400.jpg "blog-jail-cell - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) ## [Legal Representation for Misdemeanors in Morris: What You Need to Know Before Your Court Date](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) May 5, 2026 A misdemeanor charge might seem minor compared to a felony, but don’t let that fool you. In Morris and throughout Illinois, even a “lesser” criminal charge can derail your career, strain your finances, and follow you for years. We’ve seen countless clients walk into our office thinking they could handle a misdemeanor on their own,… [Read More](https://www.odekirklaw.com/legal-representation-misdemeanors-morris/) [![Back to School Co Parenting Tips for Divorced Parents ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-custody-600x400.jpg "blog-custody - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/back-school-co-parenting-tips-divorced-parents/) ## [Back-to-School Co-Parenting Tips for Divorced Parents](https://www.odekirklaw.com/back-school-co-parenting-tips-divorced-parents/) April 23, 2026 The first day of school brings a whirlwind of emotions for any family, but when you’re navigating co-parenting after a divorce, those feelings can intensify. Suddenly, you’re coordinating backpack contents across two homes, figuring out who attends the open house, and wondering if your child’s teacher even knows there are two households involved. Here’s the… [Read More](https://www.odekirklaw.com/back-school-co-parenting-tips-divorced-parents/) [![How Child Support Is Calculated in Illinois ODekirk Rhodes Associates LLC](https://www.odekirklaw.com/wp-content/uploads/blog-family-fight-600x400.jpg "blog-family-fight - O'Dekirk, Rhodes & Associates, LLC")](https://www.odekirklaw.com/child-support-calculated-illinois/) ## [How Child Support Is Calculated in Illinois](https://www.odekirklaw.com/child-support-calculated-illinois/) April 16, 2026 Figuring out child support in Illinois can feel overwhelming, especially when you’re already dealing with the emotional weight of a divorce or custody matter. The good news? Illinois uses a structured formula that, once you understand it, becomes much more predictable than you might expect. Since 2017, Illinois has relied on the “Income Shares Model”… [Read More](https://www.odekirklaw.com/child-support-calculated-illinois/) 1[2](https://www.odekirklaw.com/wp-cron.php/page/2/?doing_wp_cron=1788957480.1562700271606445312500)[3](https://www.odekirklaw.com/wp-cron.php/page/3/?doing_wp_cron=1788957480.1562700271606445312500)[4](https://www.odekirklaw.com/wp-cron.php/page/4/?doing_wp_cron=1788957480.1562700271606445312500)…[19](https://www.odekirklaw.com/wp-cron.php/page/19/?doing_wp_cron=1788957480.1562700271606445312500)[Next](https://www.odekirklaw.com/wp-cron.php/page/2/?doing_wp_cron=1788957480.1562700271606445312500) Search for: ### Recent Posts - [What to Do If DCFS Contacts You: A Guide to Protecting Your Family and Rights](https://www.odekirklaw.com/if-dcfs-contacts/) - [Understanding DCFS Investigations and Your Rights: What Every Parent Needs to Know](https://www.odekirklaw.com/understanding-dcfs-investigations-rights/) - [How an Attorney Can Help Protect Your Parental Rights: A Complete Guide for Illinois Parents](https://www.odekirklaw.com/attorney-help-protect-parental-rights/) - 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