What to do When Charged With a DUI

Alcohol-impaired driving or driving under the influence (DUI) results in a traffic injury or fatality every 48 minutes, according to the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) and the Insurance Information Institute. According to the Federal Bureau of Investigation, more than a million drivers were arrested in 2017 for DUI, which is an arrest every 215 licensed drivers across the United States. That’s why drivers should adherence to state laws and a blood alcohol concentration (BAC) level of 0.08 or lower when using a motored vehicle. These guidelines and any subsequent arrests are made under the Illinois Vehicle Code.

According to the Illinois Vehicle Code, an arrest for driving under the influence results in a revoked driver’s license, jail term, and possible fines and community services. Recently, wrong-way drunk driving, underage or minor driving under the influence and driving without an official medical prescription to use marijuana were added to possible DUI charges, which can get a driver arrested.

Ways to Manage a DUI Offense

Driving under the influence offenses can carry heavy fines and penalties, so seeking support from an expert criminal defense attorney can be vital. A criminal defense attorney may look for various causes that can dispute an arrest and lead to reversal of charges. Some possible ways to seek reversal or charges or loss of your driver’s license include:

Breathalyzer inaccuracy due to difference between partition ratio and driver, or inaccurate calibration,
Possible use of diet supplements, which resemble the breath of alcohol consumption,
No possible cause for arrest by the police officer or use of illegal evidence,
A delay between being pulled over by police and BAC test, leading to a rise in BAC levels,
Inappropriate DUI blood tests, which consist of improper blood sample storage, or contamination of blood samples,
A forced sober field test through officer intimidation,
Arrest due to an anonymous report of DUI.

Other Steps

Although a criminal defense attorney can look after the legal complications of an arrest or charge, it is also important to look beyond an arrest and refrain from future charges. A consistent DUI conviction can result in a felony and permanent revoke of a driver’s license with jail term. If you are charged, make sue you pay fines, make bail and attend a Department of Motor Vehicle (DMV) hearing within 10 days of arrest in order to move forward installing your driving privileges again.

If you wish to know more about driving under the influence charges or speak with an experienced criminal defense attorney, contact the offices of Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.

Reasons Not to Buy Foreclosure Property as Real Estate Assets

When an owner or homeowner defaults on mortgage payments, or when they are unable to repay their debts, their home is sold and considered as a foreclosure property by the bank, or mortgage lender to whom debts are due. To a real estate property investor, a foreclosure home can serve two purposes that include buying at a lower price as an investment and reselling it later at a higher price, or getting a new home at a cheaper price than the market equivalents. However, buying a foreclosure property can come with some pitfalls that need careful assessment before a purchase is made.

Considering the fact a foreclosure property purchase can be a complex process that may need legal advice, consulting a competent real estate attorney can help identify legal complications and the best strategies to navigate them, or refrain from a loss-making investment. Following are some complications real estate planners may face.

Low Asset Value

There is a high possibility the foreclosed property is sold at a lower value due to an economic downturn, bad condition, or an unsafe neighborhood. In an economic downturn, house prices may be down due to low resale value or multiple foreclosures in the neighborhood, making it hard for investors to identify any future value unless the economic condition improves. Finding a new buyer under dismal conditions can be a potential pitfall.

Funding issues

Finding loans for a foreclosure property is hard due to its already low value and dismal conditions. Moreover, because many foreclosure properties are bank-owned, they prefer providing their own financial structure that may not be favorable to an investor. Additionally, banks usually have little to no idea about the property and its condition itself, making it more difficult to make a real estate valuation or assessment as per the current condition. Their main reason to sell is to recover their old debts, rather than hold it as an investment.

Potential Repairs

Although the new property owner will do repairs and renovations to make a property look like a home, there is no formal quantified assessment of the work that needs to be done if a house is bought on auctions. Many houses come with conditions and delays before possession are given. It is also possible the house was subject to vandalism from prior owners, or crime in the neighborhood. These need careful legal assessment before a purchase is made.

If you wish to know more about closing a real estate transaction in Illinois or speak with an experienced real estate attorney, contact the offices of Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.

Advantages and Disadvantages of Filing Chapter 13 Bankruptcy

Bankruptcy is the inability of an individual to repay their debts in full on time per the repayment schedule. Under federal law, all individuals are allowed to file for bankruptcy to seek an immediate stop on repayment to creditors. It can help avoid immediate foreclosure, eliminate legal debts, help stop wage garnishments, and restore any termination of utility services to both your house and business. Debt adjustment or Chapter 13 bankruptcy helps debtors with a repayment plan that can be used to repay debts and seek a new start.

Understanding Chapter 13 Bankruptcy

Also called the wage earner’s plan, Chapter 13 bankruptcy allows a debtor to repay full or partial debts over a period of three to five years, depending on their income. An incorporated business or self-employed individual can file for chapter 13 unless a previous bankruptcy petition was dismissed by the court prior to 180 days because creditors exercised their liens or debtor failed to appear in front of the court. An Official Bankruptcy Form should be completed, which includes list, amount and nature of creditors, source and frequency of debtor income, debtor property list and debtor’s monthly expenses. If you are filing Chapter 13 bankruptcy for the first time, seek support from a competent bankruptcy attorney.

Advantages

Possible advantages include:

Removes all creditor accounts after 7 years,
No assets such as vehicles, house or other property are confiscated,
No income test is required, but an Official Bankruptcy Form must be filled and verified,
Provides up to five years to repay debts,
Allows for forming classes of creditors, and reduction of principal or interest fee can be sought,
Repayment plan modification available if debtor loses their job.

Disadvantages

Bankruptcies need timely repayments and must adhere to the plan for a debtor to seek relief:

Chapter 13 bankruptcy can only be valid if the debtor salary is below the median wage,
Almost all disposal cash is applied to a repayment plan and payments are done through payroll,
It can be hard to buy new assets or mortgages,
Chapter 7 straight bankruptcy cannot be sought during the repayment period,
It can be difficult to improve your credit score for 7 years until the debts are removed from credit history.

Upon discharge, a debtor will still be liable for repayment of all long-term debts, government taxes, child support or education loans.

If you wish to know more about chapter 13 bankruptcy filling in Illinois or speak with an experienced bankruptcy attorney, contact the offices of Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.

What Happens the Day of Your Real Estate Closing?

Purchasing any real estate is a demanding experience, particularly when you don’t have the services of a competent real estate attorney. You look at many different properties before you find the perfect one. Constant communication between you, the real estate agent and the lenders leads to a final loan. Closing your real estate deal should not be as stressful if you have the right real estate attorney by your side.

What to Expect at a Closing

In Illinois, the residential real estate closing is generally held at the title insurance company. This company will act as an escrowee, who will be responsible for holding and distributing the funds. The title company distributes the funds towards the end of the closing and it offers protection to the buyer title, at the same time, maintaining the lender’s interest in the real estate been sold.

Bring All Essential Paperwork with You

Closing day is a major event. Make sure you are ready for your big day. Bring with you all necessary documentation and the closing amount you are liable to pay upon completing the transaction. Also, you will be required to notarize different documents. You need to ensure all paperwork is complete and properly processed beforehand. Also, you will be required to report all your gift funds – if you have any in your name. It’s essential to complete your documentation at least seven (7) days before closing day.

Prepare the Down Payment Amount

Preparing your down payment beforehand is one of the most important financial components of closing any real estate deal. It is important to ensure you have all your finances sorted and your down payment is ready. Your down payment will be made as an earnest money deposit, or good faith deposit, which is used to initiate an escrow. You will have up to three (3) working days to deliver the amount with a signed contract to balance the down payment dues before closing day.

Verification of Escrow Account Information

If you already have an escrow account to hold your cash until the closing day, it’s essential to verify all your account details and other information. Make sure to double-check the amount required for you to close the deal.

What to Look for When Hiring a Bankruptcy Attorney

Bankruptcy is a difficult time and you need to meticulously plan for everything. Hiring the wrong attorney can make matters worse. Finding the right lawyer to file for bankruptcy is essential to help you and your business. Before you browse the Internet for the best bankruptcy attorney, here are some things you need to look out for before hiring an attorney.

Experience in Relevant Field

Let’s start with the most obvious: Look for a lawyer with years of experience in managing bankruptcy cases. The important thing to consider is years of experience may not always mean this particular lawyer will be a good choice. Instead, look for a competent bankruptcy attorney who has years of experience in dealing with different types of bankruptcy cases. If an attorney has more experience in winning Chapter 7 bankruptcy cases (and if your bankruptcy is around the lines of Chapter 7) but not Chapter 13 or Chapter 11, then the best choice would be to choose the one with more experience in Chapter 7 cases.

Availability

When you need an experienced bankruptcy attorney, it is essential to consider how accessible he/she is. Check the availability of the lawyer by booking an appointment. If he/she were too busy, they would probably let you know if they are taking on any new cases.

Malpractice Insurance

When you need to hire a bankruptcy lawyer, make sure they have malpractice insurance. If they don’t, find a lawyer who has. It’s important to keep in mind the insurance provides protection for the lawyer and not the client.

Ask Other Business Owners and Legal Professionals

To help you find the right lawyer for your bankruptcy case, you should ask other business owners and legal professionals for recommendations. If someone has already worked with a competent bankruptcy attorney, ask them for contact information of that lawyer. You should observe other bankruptcy lawyers in court and see how they handle the case. If you like any particular lawyer, you may ask him/her to represent you in court regarding your bankruptcy case.

Ask Questions

Asking different questions from your potential bankruptcy attorney is the best way to determine if a particular lawyer is right for you. Don’t hesitate to ask any questions you have regarding the lawyer’s qualification, experience, the toughest case they may have ever handled, and most importantly, ask about their accessibility to you during bankruptcy filing proceedings.

If you wish to know more about filing for bankruptcy in Illinois or speak with an experienced bankruptcy and real estate attorney, contact the offices of Covert Marrero Covert LLP at (630) 717-2783 and schedule a free consultation session.