On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), was passed by Congress and signed into law. 

The CARES Act is the largest economic bill in U.S. History, calling for nearly $2 trillion in spending, in part as an economic stimulus package to benefit small businesses and individuals.

Leaving aside provisions within the CARES to assist businesses, while the unemployment assistance program has been a prominent feature in the landscape of various coronavirus relief programs, there are a number of other such programs that may offer financial assistance for individuals, including:

By: Brian K. Stevens

“But I was never read my rights!”

I probably hear this statement from at least one out of every three clients when they first come into my office.  And rightly so.  TV and movies often portray (incorrectly) situations where a suspect is not read their “rights” – and the next scene, after the commercial break, they are being released from jail with their charges dismissed. Let’s explore the issue of those “rights” in this article.

There are some laws in Illinois that are meant to punish people who interfere with a police officer who is performing their job. One such criminal charge is resisting arrest, which is when a person knowingly obstructs an officer’s efforts to detain them. Resisting arrest is often an additional charge, on top of the charge for which the person was arrested. A conviction in Illinois will result in a minimum of 48 hours in jail and 100 hours of community service. It is possible to contest a resisting arrest charge, but the law’s broadness makes it difficult.

What Counts as Resistance?

The law does not specify the actions that meet the definition of resistance or obstruction. This allows police officers to interpret various behaviors as “resisting arrest,” such as:

• Fleeing from an officer
• Not responding to the officer’s orders
• Struggling when the officer is putting handcuffs onto the suspect

The fact that the police officer is often the aggressor during arrests makes avoiding a resisting arrest charge more difficult for the arrestee. When a police officer suddenly grabs or tackles you, your natural reaction is to protect yourself. You may believe that you have the right to resist the arrest if you have done nothing wrong and the police officer has no reason to arrest you. Unfortunately, you can be convicted for resisting arrest when the arrest was unlawful as long as you knew that you were under arrest.

The cornerstone of federal legislation for small business relief is the CARES Act Paycheck Protection Program (“PPP”). 

The CARES Act set aside $349 billion for government-guaranteed loans for small businesses, to cover eight weeks of payroll and other expenses.

It is difficult to say when the right time is for you to create an estate plan because you cannot predict when you will need it. However, you should consider having a will or trust in place if you have valuable assets or people who are financially dependent upon you. An up-to-date estate plan could save your family time and cost on the probate process in the event of your death. If you have not created an estate plan before, you may not know everything you need to make a trust or will. Here is a helpful list of what you should bring to your meeting with your estate planning lawyer:

1. Records of Your Major Assets: Your attorney needs a list of the assets you wish to distribute to your beneficiaries in your estate plan. Properties such as your home, other real estate, vehicles, bank accounts, and investments are typically the most important items in your plan. You should bring any deeds, contracts, or receipts that relate to those properties. You may also have luxury items or family heirlooms that you want to distribute. You can include any possession you own, though it is probably unnecessary to list every appliance or trinket.
2. Records of Your Debts: Your estate plan must account for your debts, as well as your assets. You need to provide documentation of debts, including mortgages, loans, and lines of credit. The assets from your estate will be used to pay off your debts before they are distributed to your beneficiaries.
3. List of Beneficiaries: You need to know who will be your beneficiaries receiving your assets. Spouses and children are usually the primary beneficiaries of estate plans. With children, you must consider at what age they would receive the assets and who would be their financial custodian until then. You also have the option of giving assets to other family members, close acquaintances, or organizations.
4. Names of Your Trustee or Guardian: If you are creating a trust, you will need to name a trustee to manage your estate. You want someone who is level-headed and will be fair in managing your estate, whether that is a family member, friend, or professional. If you have children, you need to name someone as their guardian in the event that both of their parents are dead or incapacitated. Whoever you choose as a trustee or guardian, you need to discuss it with them before you make it official.

Contact a McHenry County Estate Planning Attorney

The estate plan you create must be clear in how you are distributing your assets and who you are leaving responsible for making decisions. With an ambiguous plan, your family will be forced to guess at your intentions for your estate. A Crystal Lake, Illinois, estate planning attorney at Botto Gilbert Lancaster, PC, will work with you on creating a plan that protects your dependents in the event of your death. Schedule a free consultation by calling 815-338-3838.

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