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Questions Answered by Charles Candiano
1 Answer | Asked in Criminal Law for Indiana on
Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

Charles Candiano
Charles Candiano answered on Apr 7, 2021

"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs... Read more »

2 Answers | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... Read more »

Charles Candiano
Charles Candiano answered on Mar 7, 2021

At present, you have no real options. Telling the Court that you are on a fixed income and disabled only gives the Court two more reasons why there is no compelling reason to give you a special privileges license. You will eventually need to file for Bankruptcy protection once the insurance claim... Read more »

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Charles Candiano
Charles Candiano answered on Feb 7, 2021

In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Sexual Harassment for Illinois on
Q: RE: Surveillance Abuse, police negligence, police harassment, espionage, radiation poison and Sexual Assault via device

I'm a whistle blower who worked in the radiology department at Mercy Hospital in Creve Coeur, Missouri. I have been a victim of surveillance abuse since 2017. What do I do when being denied an attorney and police are neglecting me?

Charles Candiano
Charles Candiano answered on Jan 24, 2021

You need to re-post this under Missouri Law because the events took place in that venue.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can the parents of a "victim" of statutory rape press charges against the "offender" after the "victim" turns eighteen?

Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... Read more »

Charles Candiano
Charles Candiano answered on Jan 24, 2021

On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: If someone was involved in a hit and run and person who owned the vehicle told him it was you driving and you were not

There is a witness to who was actually driving the car. I'm being charged with out ever getting anything from the police or talking to the police. And both insurance company are holding me responsible through hersay

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If there is an eyewitness who can exonerate you, plead "Not Guilty" in Traffic Court and subpoena the eyewitness. The judgment of the Court will satisfy the insurance company. You say that you "[Never got] anything from the police." Is that because you live at an address that... Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: Can a 17 year old get sued / law suit on them ? Is that legal ? I am really scared, a minority and need advice
Charles Candiano
Charles Candiano answered on Jan 24, 2021

You absolutely CAN be sued but it is silly to contemplate suit, just turn it over to your insurance company. If you do not have insurance, you owe whatever damages the other driver and occupants can prove. Under the circumstances, the other driver will process a claim through the uninsured... Read more »

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1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... Read more »

Charles Candiano
Charles Candiano answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... Read more »

3 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Why does my daughter have a ticket for an accident where she was the only person or vehicle involved in Illinois

My daughter was traveling through Illinois on her way back to Arkansas from seeing a friend. She Hydroplaned on the freeway after hitting standing water going 55 in a 65 she went off the road and totaled her car and she got a traffic ticket. No other vehicles or personnel were involved. It was... Read more »

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you have an accident, it MUST be reported to the police. Your daughter was probably charged with leaving the scene of a property damage accident. She was NOT ticketed for having an accident. She was probably ticketed for NOT reporting it. Even when the only damage is to your car, you MUST... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: Got stuck called tow truck, tow driver winches my car out and my car hits his truck and damaged my car, is he liable?
Charles Candiano
Charles Candiano answered on Dec 30, 2020

Yes. Once he took control over your car, he had a duty to return it in the same condition that he received it.

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can I go to jail for a crime i did at 12-13 years old?

Would I get charged as a minor or and adult or not at all for a crime that I did around 12-13 years of age, now that ima 17 years, and they reported me at 18 with no evidence, only oral statements?

Charles Candiano
Charles Candiano answered on Jan 24, 2021

1. NEVER admit to committing a crime in social media.

2. Two years after the commission of a Misdemeanor OR Five years after the commission of a Felony, you CANNOT be charged with ANY crime unless it was MURDER, which has no SOL (Statute of Limitations).

3. The filing of Criminal...
Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Why is an accident showing up on my driving record? I was issued a ticket, but it was thrown out in court.

A background check reveals the following information: *** ACCIDENT ***

CITATION ISS FOR TRAFFIC VIOLS OTHER THAN SECTIONS 11-501 OR 11-502 OF THE IVC

PERSONAL INJURY ACCIDENT

Can I somehow get this removed? Again, the citation was thrown out in court.

Charles Candiano
Charles Candiano answered on Nov 17, 2020

The fact that you were cited does not change because you were not convicted. EVERYTHING goes on your driving record, along with the disposition. It cannot be changed, with very rare exceptions like misidentification (i.e. it wasn't you).

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2 Answers | Asked in Car Accidents for Illinois on
Q: I need your advice, Someone ALLOWS you to drive their car. You have an accident. They claim it on their insurance.

The insurance totals it out and cuts them a check for $6300 which goes to the bank leaving them owing $700. They then turn around and say you need to pay them $6000. Does this seem right? Not denying that something has to be paid, but it seems that they are trying to get paid twice. Advice me... Read more »

Charles Candiano
Charles Candiano answered on Oct 25, 2020

Assuming that you agree that you were at fault for the accident, you would be obligated to pay the owner of the car $700 as that is the limit of the expense they incurred.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Can I file bankruptcy on a workers comp settlement loan in Illinois or is that type loan exempt from bankruptcy?
Charles Candiano
Charles Candiano answered on Oct 20, 2020

You are asking the wrong question, of the wrong people. You are asking people who are experts in Workers' Compensation law about bankruptcy law. The three big categories of debt which generally cannot be discharged in bankruptcy are as follows: Court-ordered child support; debt which... Read more »

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3 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Will I Still Have A Driver's License?

So in August I have gotten a ticket for no insurance. But I had brought proof of insurance to bring to court on September 23rd, they said I have gotten the insurance too late about it. So I have to pay a fine and on court supervision. Today October 19 I had court for a terrible accident on... Read more »

Charles Candiano
Charles Candiano answered on Oct 19, 2020

If your insurance was active on 9-12-20, you should* be alright. Understand that the officer did NOT cite you with "speeding," he cited you for going too fast for conditions. 15 mph can be "too fast" on ice. You can hydroplane at 30-40, depending on tires and vehicle weight... Read more »

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1 Answer | Asked in Workers' Compensation and Construction Law for Illinois on
Q: I don't have worker comp. I use sub. how can I put the responsibility on sub if anything happens to its laborer?

as a contractor, I do not have worker compensation insurance. I hire people to do the job. how can I protect myself from job site injuries happening to any of the laborers.

Charles Candiano
Charles Candiano answered on Sep 28, 2020

Easy. You require that any Sub provide proof of WC insurance BEFORE you agree to do business with them and keep a copy on file. This does not mean that you MAY be on the hook if the Sub's WC coverage lapses and someone is injured. It's the best you can do.

2 Answers | Asked in DUI / DWI and Car Accidents for Illinois on
Q: If I hire a lawyer to defend me in a case, what do I do if the attorney has done little to nothing for me. Pdf 2000$
Charles Candiano
Charles Candiano answered on Sep 23, 2020

The work performed by an attorney is often not apparent to the client. You also need to recognize that you may not be entitled to any refund from the first attorney. The much better course of action is to meet with the attorney and give them an opportunity to let you know exactly what they have... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: If my accident Medical paid $25.000 towards my Hospital Bills & put a lien for $8,514.84 on My Judgement, of $25.000 l

$25.000 left for pain & suffering. Can i despute this?

Charles Candiano
Charles Candiano answered on Sep 17, 2020

You need to restate your question in terms that we can understand. A "judgment" can ONLY be rendered by a Court. If you really mean a "Judgment" of $25,000.00, you have an attorney and should discuss this with him/her.

Insurance companies CANNOT Lien anything. They...
Read more »

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I believe someone called the police on me but none have shown up yet.

I was at a light when someone honked and accelerated quickly as I did and tried to cut around me quickly getting very close to my car without using a turn signal, I didn't allow them to pass until we were both well over the legal limit and although I should not have we both drove recklessly as... Read more »

Charles Candiano
Charles Candiano answered on Sep 15, 2020

The important thing here is that you recognize that your behavior was ill-considered and could well have ended in your arrest/and or loss of your driving privileges. Let it be a lesson learned. Wherever you are, stay there for the evening. No officer is going to issue a ticket for behavior that he... Read more »

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