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Illinois Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: What happens after 30 days of a jail holding you and you not getting transported to the original county?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 7, 2021

The United States has two major legislative extradition provisions: Article IV of the Constitution and the Uniform Criminal Extradition Act. The Extradition Clause of the Constitution lists “felonies and other crimes”, but the Uniform Criminal Extradition Act sets forth an extradition procedure... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Does a company have to pay a bonus you have earned if you leave the company?

My husband has earned a large bonus this year. He has received 3 small payments, and the bulk is to be distributed in February 2022. The contract says that the employee must be employed by the company at the end of the year to receive the last payment. My husband has already secured a new job that... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 7, 2021

If the bonus contract requires your husband to be employed through 2021 to earn the bonus, then it can be denied if he doesn't work through the end of the year. If his new employer is flexible on his start date, you may want to see if his start date can be pushed back to still allow him to... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If fired while on workers comp, can your lawyer fight to get your job back if it was an wrongful termination?

Was fired because I was unable to go into work, I kept calling my supervisor to say I wasn’t coming in but he would just ignore my call.

Also how often should you meet or speak with your lawyer I can rarely get in contact with him. Out of the 3 years I believe we only spoke 6 times and... Read more »

Charles Candiano
Charles Candiano answered on Dec 6, 2021

Your employer has NO obligation to hold your job (beyond the 12 weeks under FMLA, IF APPLICABLE) while you are off on a work injury. Some clients call frequently and some do not call at all. Staff can answer most questions and it is reasonable for answers from your attorney to be relayed by... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: I have a pending case in will county for fleeing the police and they have taken my car. How do I get it back?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 6, 2021

The administrative impoundment of one's vehicle and a collateral original criminal case are two different legal procedures, UNLESS the vehicle is impounded and kept as evidence in connection with that criminal case.

Be as it may, in my opinion it requires a knowledgeable criminal...
Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for Illinois on
Q: Lawsuit I need pls no Illinois or Minneapolis lawyer pls agsinst a Illinois judge Shapiro he giving my wife spcL treat

marie the one who has Illinois judge Shapiro an special treatment personal against me

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 6, 2021

Even generally, in order to assess your particular legal situation involving a certain judge you must discuss all facts and details directly with a LICENSED attorney in the jurisdiction where you think the action took place.

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: If a vehicle is standing that got hit by another car can I sue the driver of the standing vehicle also

Lawsuit

Charles Candiano
Charles Candiano answered on Dec 6, 2021

If a vehicle was stopped on a roadway and ANY of the vehicle remained on the roadway, it constituted a hazard to other vehicles on the roadway and it is liable for ALL property damage and injury that results, no matter how many vehicles are involved. If the stopped car caused the car that hit you... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... Read more »

2 Answers | Asked in Contracts and Family Law for Illinois on
Q: I've paid $24,000.00 in legal fees and still owe $23,000. I won my case and a judge awarded me $23,917.00 in legal fees

From the other party. Does this absolve me from the remaining fees?

Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 3, 2021

No.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you

*EDIT* so all the funds that went... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 3, 2021

Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: I have a Vehicle that is under warranty that has an engine problem. I have receipts of the maintenance done on the car,

Warranty company rejected the claim because the work was not done by a national chain? Can they do that?

Charles Candiano
Charles Candiano answered on Dec 1, 2021

You have a contract with the warranty company. Nobody can answer your question without looking at the contract. The warranty company doesn't want you to go to someone who doesn't know what they are doing, do MORE damage, and then have you come back to them for more service.

1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Can the TLC channel display pictures of me or mention my name on a show without my permission?

-I was never interviewed

-I spoke to two people for a few days but never gave permission to be on the show

-I have never been on the news.

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

Depends.

Did they interview you?

Where you in the news?

For how long is your participation?

1 Answer | Asked in Real Estate Law for Illinois on
Q: What do we do

My husband and I are in the process of buying our home. We have a verbal agreement with the owner stating “as long as we finish renovating at our expense we can come up with an outstanding payment”. We just received a letter about tax delinquencies and the house has been bought by someone else... Read more »

James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

You need to meet with a competent real estate attorney ASAP, within the next few days if possible. Bring every scrap of the paperwork you have regarding the property and the tax sale to that appointment.

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Criminal Law for Illinois on
Q: Illinois what is the minimum charge for gun possession with 2 prior felonies from another state if had no trouble since

Two prior felony convictions from another state new charge is unlawful possession of a loaded firearm

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 25, 2021

The charge falls under 720 ILCS 5/24-1.1 and requires a criminal charge of a state felony class 3.

Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Should I pay for the school or plead not guilty to avoid the speeding ticket conviction on my record?

Hello, I got a speeding ticket and was given three options of attending the school, plead not guilty, or pay the ticket. I got two tickets about two years ago and was told not to get another for two years to get the record clean. I got three months left to get out of the probation but I ended up... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 25, 2021

If you are over 21 you can have two tickets in a 12 month period before your license as possible suspension. There might be insurance rate consequences of all that is not guaranteed check with your agent. If you are under 21 you can only have one conviction every two years so it would definitely be... Read more »

2 Answers | Asked in Criminal Law, International Law and Traffic Tickets for Illinois on
Q: Can you travel internationally (Canada) if you complete court supervision for a Class A misdemeanor for speeding?

Can you travel internationally to places such as Canada or UAE if you completed court supervision for a Class A misdemeanor for speeding 35 MPH plus in the state of Illinois? My understanding is that upon completion of supervision it leads to a non conviction? Is this true and if not convicted are... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 25, 2021

You may travel internationally, but I personally have seen U.S. citizens turned away from entering Canada for a variety of traffic and Criminal offenses regardless of the years past after that conviction, when they traveled by car.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: Help with lifetime cdl ban in Illinois.

I had a class A CDL in Illinois. In 2008 I was charged with dui. There was a 6 month statutory summary suspension and my CDL was disqualified for 1 year.

At some point over the next 2 years my license expired and when I went to renew I opted to step down to a regular class D license,... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 22, 2021

I have seen where there is a mistake in paper work and it appears that one dui was two separate ones due to non matching arrest dates.

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1 Answer | Asked in Constitutional Law for Illinois on
Q: Can police search your car if your insurance is expired in Illinois (first offense)
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 22, 2021

If during a legitimate traffic stop the police officers discovered or had a reasonable, articulable suspicion to believe that the vehicle or its occupants may have contraband, weapons or other illegal conditions the officers may search that vehicle without a warrant.

1 Answer | Asked in Employment Law for Illinois on
Q: Is it mandatory by Illinois law to take an unpaid meal break?

I deliver packages and I get paid hourly 12pm to around 8pm. Usually I don’t take a break so I can finish earlier as it takes longer delivering in the dark. My employer says that I must take a mandatory unpaid meal break and he states that if I continue to not take one I will be terminated... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 22, 2021

Your employer has a valid point: you have to take a break pursuant to the state labor and employment laws because if you do not (for any reason) that the employer may be accused (even by you) of violations of the state employment law, not to mention civil liability stemming from that violation.

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