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Illinois Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Constitutional Law, Appeals / Appellate Law and Civil Litigation for Illinois on
Q: Concern about denial of defendant's right to attorney access before arraignment.

I'm concerned about a judge who denied a defendant in jail access to meet with his court-appointed attorney before court because there wasn’t a bailiff available. This decision seems to violate the defendant's constitutional right to counsel, and the judge proceeded with the arraignment... View More

1 Answer | Asked in Sexual Harassment, Employment Law and Appeals / Appellate Law for Illinois on
Q: How to reply to a brief in harassment case at Hertz, IL?

I am an employee at Hertz Car Rental and have experienced harassment from another employee, including being touched multiple times, yelled at, and subjected to profanity. I initially filed a complaint with the Illinois Department of Public Health (IDPH), but they stated there was not enough... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re in a difficult position, but there are still powerful ways to make your voice heard. Even without witnesses, your detailed and consistent account carries weight. When replying to the brief, focus on reinforcing the timeline of events, the emotional and physical impact of the harassment,... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Appeals / Appellate Law for Illinois on
Q: Can I still pursue a wrongful termination claim after dismissal?

I was wrongfully terminated, and my case was dismissed without prejudice on 9/26/24. The judge advised that the claim should go to a higher court for attorney fees and losses. There were no deadlines given, but I believe the statute of limitations is 2 years. I want to pursue claims for... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're going through this. Being wrongfully terminated is already painful enough, and having your case dismissed can make it feel like you’ve hit a wall. But a dismissal without prejudice means the door is still open—you haven't lost your right to pursue justice.... View More

2 Answers | Asked in Appeals / Appellate Law, Wrongful Death and Personal Injury for Illinois on
Q: Can federal court ignore citation from Mississippi Supreme Court in a wrongful death case?

I am involved in a wrongful death case, currently at a federal district court in Illinois, citing diversity of citizens. In my arguments, I referenced a Mississippi Supreme Court case that interprets the Restatement (Second) of Conflict of Laws, relevant to similar diversity cases. However, the... View More

Charles Candiano
Charles Candiano
answered on May 13, 2025

Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Appeals / Appellate Law and Legal Malpractice for Illinois on
Q: How to address bias and mismanagement in a criminal case?

I'm seeking advice on how to secure legal assistance for a criminal case that appears biased and has exhausted our funding. The inmate, accused of a serious offense, was initially identified from a Facebook picture. His DNA didn't match the victim's in two analyses, but a third test... View More

Cheryl Powell
Cheryl Powell
answered on May 5, 2025

A defendant is entitled to court appointed counsel. Not appointed counsel of your choice. As a former public defender, I can tell you that many defendants ask to be reassigned to a different public defender. Getting another one granted to you is rare. Nobody who works outside of your court... View More

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1 Answer | Asked in Civil Rights, Appeals / Appellate Law, Constitutional Law and Civil Litigation for Illinois on
Q: Options for post-conviction relief in Illinois due to lost evidence?

I am seeking guidance on behalf of my son, who was wrongfully convicted of murder in Illinois in 2015 and sentenced to 50 years at the age of 19. He gave a false confession and crucial evidence, including a December 4th video and the state's trial file, has been lost or destroyed. Despite... View More

James L. Arrasmith
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answered on May 14, 2025

You can challenge your son’s conviction by filing a successive post‑conviction petition under Illinois’s Post‑Conviction Hearing Act on the grounds that key evidence was lost or destroyed, denying him a fair trial. In that petition, argue that the missing December 4th video and trial file... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Contracts for Illinois on
Q: Can I dismiss warrant for lack of notification to attorney in IL?

I was the registered agent for an Illinois corporation involved in a contract for services lawsuit. Despite having legal representation, my attorney and I were unaware of the bank account attachment and subsequent court orders. After receiving a notice to appear a year later through USPS, I... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you may have grounds to file a motion to dismiss the warrant due to the lack of proper notification to your attorney. Since you were unaware of the bank account attachment and subsequent court orders, and you did not receive the required notices, this could be a valid reason to challenge the... View More

1 Answer | Asked in Construction Law, Appeals / Appellate Law, Civil Litigation and Real Estate Law for Illinois on
Q: Can an attorney on record not be notified of continuing proceedings after a judgment, and can I stop a warrant issued due to missed court appearances?

I was found liable on a construction contract and ordered to pay. Although I had an attorney, and my business—a corporation—wasn't operational before the judgment was entered, I was not aware of the progression to the discovery of assets phase until I was served. Due to health issues, I... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, if your attorney is still officially on record with the court, they should have been notified of any further proceedings, including hearings related to post-judgment matters like the discovery of assets. Courts are required to serve notice to counsel of record, and if your attorney didn’t... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Civil Rights and Appeals / Appellate Law for Illinois on
Q: Facing felony upgrade from misdemeanor domestic violence charge, seeking legal help and advice.

Over a year ago, I was charged with misdemeanor domestic violence for allegedly smacking my oldest son. Due to my arrest, I lost my job and faced financial hardship, leading me to rely on a public defender. My case has been delayed repeatedly by my appointed attorneys, making it difficult to take... View More

James L. Arrasmith
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answered on Apr 15, 2025

It sounds like you've been carrying a heavy burden for a long time, and it's understandable to feel frustrated, especially when your voice hasn’t been heard. You have the right to defend yourself and pursue a fair trial, even if you're working with a public defender. If your... View More

Q: Legal recourse for alleged illegal purge order and incarceration in DuPage County, IL family court.

In 2021, I filed a pro se appearance in a family court case in DuPage County, Illinois. In 2022, my attorney filed an appearance on my behalf but withdrew in 2024 while I was still under an alleged illegal contempt purge order requiring me to pay 75% of my net income, which I couldn't meet.... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you are dealing with a complex situation involving a contempt purge order and incarceration in DuPage County, Illinois. Since your attorney withdrew and you were not notified that your pro se appearance was still active, this could be a procedural issue. You may have grounds to... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Illinois on
Q: Need help with appealing denial of certificate of innocence in Illinois

I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: Need guidance filing amended notice of appeal for certificate of innocence denial in IL.

My petition for a certificate of innocence was denied because the judge felt I didn't include sufficient documentation or proof of my innocence, even though the same judge vacated/dismissed my case and my bond was refunded. I have received a court form stating the case was vacated/dismissed,... View More

James L. Arrasmith
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answered on Mar 24, 2025

Filing an amended notice of appeal for a certificate of innocence in Illinois requires careful documentation of the judge's errors in interpreting your evidence.

Your situation presents strong grounds for appeal since you have official court documentation confirming your case was...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for Illinois on
Q: Post-conviction relief granted then denied, seeking certificate of innocence in Illinois. What to do?

I filed a post-conviction motion that was granted on January 22, 2025, with the original charge from December 2013 and a conviction in October 2014 being vacated/dismissed, and my bond refunded. I then filed for a certificate of innocence, but a different judge denied my post-conviction relief... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation presents a complex legal puzzle that requires immediate attention. In Illinois, it's unusual for a second judge to overturn a granted post-conviction relief, and this procedural irregularity might be grounds for appeal. The conflicting judicial decisions create a significant... View More

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Family Law for Illinois on
Q: Can DCFS continue drug tests after 6 clean months in IL?

I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Illinois on
Q: Stopped by police without citation in Uber, guns found, plea deal. Options to appeal?

As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.

2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 18, 2025

That's not how it works. As long as you reported your work injury within 45 days, you have 3 years to file the claim with the Illinois Worker's Compensation Commission. Until the claim is filed with the Commission, YOU HAVE NO RIGHTS TO ENFORCE. As I stated, you are required to formally... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: I need a lawyer to go through the whole trial, appeal transcripts of a wrongful murder conviction.

My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

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answered on Feb 8, 2025

You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
David Giffin
David Giffin
answered on Jan 29, 2025

The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More

1 Answer | Asked in Tax Law, Appeals / Appellate Law, Civil Rights and Collections for Illinois on
Q: Can California taxing authorities take my car that I own outright (purchased for cash - not leasing) to satisfy a debt?
James L. Arrasmith
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answered on Jul 31, 2024

Yes, California taxing authorities can seize your car to satisfy a debt. This is a measure taken when other attempts to collect the debt have failed. Your vehicle may be subject to seizure if it has significant value and is one of your assets.

However, they typically consider your essential...
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1 Answer | Asked in Appeals / Appellate Law, Tax Law, Civil Litigation and Constitutional Law for Illinois on
Q: Do third-party information returns alone, like a 1099-k create a federal and / or State tax filing liability?

Not being a U.S. citizen or resident alien, I have not signed a W2, I-9 or W-9 form or filed a 1040 form as I do not reside in the United States per 26 USC 7701(a)(9) and (a)(10) nor do I reside in the State of California: I have refuted the presumptions and denied the allegations presented by... View More

James L. Arrasmith
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answered on Jul 26, 2024

Based on the information provided, if you are not a U.S. citizen or resident alien and do not reside in the United States, third-party information returns like a 1099-K alone do not automatically create a federal or state tax filing liability. Your status as a non-resident alien under 26 USC... View More

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