Polacek Tom

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Phone: (815) 727-0100

Address: 2585 E Division St, Diamond, IL 60416

Polacek Tom

Family Law

Divorce
At McNamara Phelan McSteen, LLC, we appreciate that divorce can stir up a lot of conflicting emotions. We can help you find a reasonable middle ground. We are skilled negotiators and mediators with over 20 years of experience in divorce law. At one time or another, we have worked through just about every possible issue that can arise in a divorce settlement.
Child Support
In a divorce with children, the parenting plan can be one of the most difficult issues to resolve. When two parents are both deeply involved in raising their children, the idea of giving up that daily interaction with your children can be heart-wrenching. Separating one's own desires from the best interest of the children can be very difficult. Financial issues also come into play: Couples sometimes fight over who gets the majority of parenting time because it affects which parent will make child support payments to the other.
Child Custody and Visitation
Adoption
Paternity
Premarital Agreement
Guardianship
Spousal Support
In many marriages, one spouse takes on the role of primary wage-earner while the other spouse focuses more of their energy on childcare and other duties at home. In other cases, one spouse may have sacrificed their career in order to enable the other spouse to advance theirs. When such a couple divorces, it can be difficult for the lower-earning spouse to immediately become self-supporting. If you are in this situation, you may want to ask for maintenance (formerly known as spousal support or alimony) as part of your marital settlement agreement.
Legal Separation
Child Abuse
For law enforcement officers, exposure to stressful and traumatic events is not uncommon. Police officers may witness drug overdoses, violent car accidents, child abuse, or any number of grisly scenes. Many officers are injured or killed in the line of... Read More

Criminal Law

Criminal Defense
While the internet has made it easy to access legal information and standard forms, do not be misled into thinking that the law has become as easy as ordering something online. When you have a significant dispute over a matter of civil law or criminal law, the advice and assistance of an experienced attorney can make a substantial difference in the outcome of your case.
DUI/DWI
If you have just received your first ticket for driving under the influence (DUI) in Illinois, you may not realize how serious this is. You have committed a crime. While some states do not classify a first DUI offense as a crime, Illinois does. In addition, a DUI conviction will remain on your Illinois criminal record and driving record for life.
Wrongful Death
A wrongful death action may proceed regardless of whether the negligent party was found guilty or not guilty of a crime, or charged with a crime at all. A wrongful death action is a civil court matter with different standards of proof than a criminal court.
Traffic Violations
When you or a loved one gets a single traffic ticket for a minor offense like rolling through a stop sign, it may seem easy to shrug it off and just pay the fine. Yet some traffic violations can be far more costly. For example, if you have three moving violation convictions within one year, the Illinois Secretary of State can suspend your driver's license. For drivers under age 21, it takes just two moving violation convictions within two years to have your license suspended.
Robbery
Robbery is defined as theft of property from a person by force or the threat of force. At a minimum, this is a class 2 felony punishable by three to seven years in prison (alternatively, up to 4 years on probation) and a fine of up to $25,000. More serious forms such as robbery on school grounds, aggravated robbery, and armed robbery carry even higher penalties.
Burglary
Burglary involves entering a building or vehicle (i.e., a motor vehicle, watercraft, aircraft, or railroad car) with intent to steal or commit a felony. Burglary to a vehicle without property damage is a Class 3 felony. Burglary to a vehicle causing property damage is a Class 2 felony. Burglary of a building is a Class 2 felony, except that burglary of a residence, school, child care center, or place of worship is a Class 1 felony (720 ILCS 5/19).
Theft
Misdemeanors
Attorneys Defending Misdemeanor and Felony Crimes in Serving Will County, Kendall County, Grundy County, and DuPage County
Drug Crimes
A drug arrest and conviction in Illinois has serious, long-term consequences. Hiring the right defense attorney is critical to your case and your future. If you are facing drug charges including possession, manufacturing or trafficking, here are three things you need to know...
Assault
Without careful investigation, assault and battery cases can become a contest of "he said, she said." Your attorney's ability to study and interpret the details of witness testimony and surveillance camera footage, and to create a timeline and map of the incident, can be critical. Attorney Polito puts his keen intellect and passion for research to good use in such cases. His strong communication and negotiation skills also contribute heavily to his success, as nine out of ten criminal cases in the US are settled by plea bargaining.
Murder
Aggravated battery is typically a Class 3 felony. The most serious incidents, such as shooting or stabbing, can be charged as a Class X felony, the most serious crime short of first-degree murder.
Homicide
For example, if you were injured as the result of your own intoxication or while committing a forcible felony, reckless homicide, or aggravated driving under the influence, you could be disqualified.
Shoplifting
Shoplifting, trespassing, and vandalism are fairly common property crimes. In most cases, the financial harm done to the victim is relatively small, so you might tend to think of these as petty offenses. The reality, though, is that the price for a property crime conviction can be quite high.
Restraining Order
Hit and Run
Being the victim of a hit-and-run accident is a shocking and frightening experience to go through. A car crash is already traumatic, but when the other driver flees the scene, it can make the victim feel as if he or... Read More

Business and Corporate Law

Business Disputes

Employment Law

Workers Compensation
Has a work-related accident left you with a permanent disability and work restrictions that have effectively reduced your earning capacity? If so, you may be entitled to one or more types of permanent partial disability (PPD) benefits through the Illinois Workers' Compensation Act...
Employment Discrimination
The attorneys of McNamara Phelan McSteen are dedicated to providing aggressive legal representation to the everyday people who work hard and raise families in our community. We provide a range of legal services focused on ensuring the wellbeing and financial security of you and your family. You can depend on us to guide you through difficult situations involving personal injury and disability, divorce, criminal charges, employment discrimination or harassment, real estate transactions and disputes, and other matters of civil and family law.
Employment Litigation
Â€œI am an attorney who came to Todd after I was arrested for a DUI and speeding. Working with Todd was a pleasure. He was responsive and I never had to worry about when court was or what he needed from me. I was always informed. As an attorney, I knew my case was not going to be easy which is why I wanted to find the best lawyer I could. Enter Todd Polito. Both he and his firm have an incredible reputation both statewide and in Will County. Long story short, my case was successfully dismissed. Additionally, Todd was extremely helpful with non-court related matters including working with the Secretary of State and potential employment issues regarding my arrest. Put simply, you canâ€™t do any better than Todd Polito. His knowledge of the law and his relationships with prosecutors and judges is invaluable.â€

Property Law

Real Estate Litigation
Originally from the south suburbs of Chicago, John is an avid sports fan and also enjoys reading and films. He is a former president of the Will County Bar Association and a current member of the Rotary Club of Joliet. John is available for representation in Family Law, Wills, Powers of Attorney, Adoption and Real Estate matters. Also, represents decedantâ€™s estates in Probate court involving settling of claims, distribution of inherited property, notification of heirs, and preparation of inventory and accounting of the estate.
Premises Liability
If you are injured while visiting another person's property, including as a customer of a business, you may be able to file a claim for damages under premises liability law.
Real Estate Transactions
Our real estate law attorneys and staff are available for consultation and representation in all manners of real estate and landlord-tenant transactions and litigation, including both residential and commercial real estate transactions.
Easement
Landlord-Tenant Disputes
Property Damage
If you or a loved one has been charged with theft, trespassing, or property damage, contact the Joliet office of McNamara Phelan McSteen, LLC at 815-727-0100 for a free initial consultation. We serve clients facing criminal charges in DuPage County, Grundy County, Kendall County, and Will County.

Health Law

Personal Injury
If you or a loved one has been hurt in a crash involving a commercial driver, you may have a cause of action against the truck driver, their employer and other parties for a personal injury claim.
Medical Malpractice
If you suspect that a medical error may have cost you or a loved one unnecessary pain and suffering, you may have difficulty proving it. You will need a skilled lawyer on your side to help you break through the barriers that hospital attorneys and malpractice insurers may put in your way. Our attorneys will fight tenaciously for you to receive compensation that will help your family survive the traumatic experience of medical malpractice.
Auto Accidents
Social Security Disability
Regardless of when or how you became disabled, we can help you obtain Social Security Disability benefits, particularly if your initial application was denied.
Dog Bites
In some states, a dog owner may be exempt from liability for damages the first time their dog bites someone as long as they had no reason to believe the dog could be dangerous. This rule does not apply in Illinois. Here, the dog owner is liable any time their dog causes injury, as long as you were "peaceably conducting yourself" in a place where you were lawfully present.
Slip and Fall Injury

Trusts and Estates

Estate Planning
"Tom Polacek handled by bodily injury claim. At our first meeting Tom gathered all my information, and he totally took it over from there. Throughout the process Tom and his staff did a great job communicating on a weekly basis. My case was closed in a timely manner with great results. Over the past 5 years I have hired Tom for other things also. His firm has helped me with real estate closings (Brian Cichon) estate planning (John Rossi) and I have referred people to (Ray McSteen) for help with divorces. This firm will continue to handle any and all things I need help with."
Wills
Power of Attorney
Dawn joined McNamara Phelan McSteen in April, 2015. She is the legal assistant to John Rossi and Todd Polito. She assists in the areas of family law, probate, adoption, powers of attorney, traffic and criminal.
Probate

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