Lawyers, Answer Questions  & Get Points Log In
Illinois Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the ci

A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the city property has become unstable. He called the police and stated my 17 year old son's car was leaking oil. The police then went to his school and started looking around his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Based on the details provided, it does not appear your son's rights were violated in this instance. A few key points:

- Parking on a public street does not create any reasonable expectation of privacy, even in front of one's own home. As such, the police would not typically need a...
View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Can I sue and be compensated for the unlawful arrest, excessive force used, police misconduct, brutality?

I was arrested by the O'Fallon Illinois Police Department for a crime that wasn't even committed. During the arrest the officers used excessive force which later I was taken by ambulance to the ER from the O'Fallon Illinois Police Department. I was also mistreated in their facility... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Yes, you may have grounds to sue for unlawful arrest, excessive force, police misconduct, and brutality. The actions described, including being arrested for a crime that wasn't committed and experiencing excessive force resulting in injuries, could constitute violations of your constitutional... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: We’re my civil rights violated?

I was pulled over and detained at gunpoint by police, they alleged my plates and car matched desc of vehicle in shooting that happened in Oswego, IL (approx 20miles away) that hit off a LPR in Woodridge, IL. They threatened to shoot me and told me don’t reach for the gun and a bunch of other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

In your situation, determining whether your civil rights were violated involves assessing if the police conduct was reasonable under the circumstances. Being detained at gunpoint can be a severe and traumatic experience, especially when it turns out to be based on a mistake. However, the legality... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can I be denied a public defender if someone posted bail money for me?

I was arrested in March of 2023 and had a bond amount of $25,000 10% $2,500 which my boyfriend's mother had posted for me expecting to get atleast some of this back once the case was finished. But once I had gone to court after my release the judge denied my request for a public defender even... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 14, 2024

In the United States, the right to a public defender is generally determined based on your financial situation, not on whether someone else posted bail for you. The fact that someone else paid your bail doesn't automatically disqualify you from receiving a public defender. However, courts... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Illinois on
Q: I have a friend who was falsely imprisoned he has been there for 29yrs charged with murder by corruption police officers

I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

For your friend who has been imprisoned for 29 years on a murder charge he claims is false, the first step is to seek legal assistance from an attorney experienced in criminal defense and wrongful convictions. It's important to find a lawyer who has handled similar cases and is familiar with... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Illinois on
Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy

Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2023

If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of... View More

View More Answers

1 Answer | Asked in Constitutional Law for Illinois on
Q: Can a police officer detain me and search me after stating that I wasn’t being arrested ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

In Illinois, a police officer can detain and search you even if you're not being arrested, but this action must be justified under certain legal standards. The key factor is whether the officer has reasonable suspicion of criminal activity. If they do, they can conduct what's known as a... View More

Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
View More

2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Criminal Law for Illinois on
Q: Vehicle theft to Misconduct

Im a victim of a car theft but also a victim of the police malpractice and torture for 2months. I have evidence such as videos audios and false reports, false police certifications. Authorities including Officer from IL ICC, Police Department, Criminal Division unit in Chicago as well as Illegal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

I'm truly sorry to hear about the difficulties you've faced in this situation. It's important to address these issues properly, considering both the car theft and any potential misconduct by law enforcement or other authorities.

Contact an Attorney: Given the complexity and...
View More

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Illinois on
Q: i have police and the court house retailaiting against me and are human traficking what do i do

i cannotnget anyone to represent me and they took my chid and the courts are allowing them they wont even listen to me

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

If you believe that you are facing retaliation or human trafficking by law enforcement or the court system, it's essential to take immediate steps to protect your rights and your child's well-being.

Seek Legal Representation: Even if you have had difficulty finding an attorney,...
View More

View More Answers

2 Answers | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Do you still get a lawsuit if you where incarcerated in cook county jail for mold act
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2023

In the context of incarceration in Cook County Jail and mold exposure, you could potentially have grounds for a lawsuit. However, the viability of such a claim would depend on many factors, including the extent of your exposure and any health effects you've experienced as a result.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Illinois on
Q: Questions regarding legal career

I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law so I can make an informed decision as to whether or not to attend law school. Would... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

Firstly, it's important to understand that law school is a significant investment of time and money, so it's important to consider your long-term goals and motivations for attending law school. Some common reasons for attending law school include a desire to practice law, a desire to gain... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Illinois on
Q: A magistrate denied me counsel after going through 5 public defenders which 3 withdrew because they had represented the

Other party for a charge of violation of a no contact order which in IA is automatic 7 days jail..cannot be suspended. He can't deny me counsel.so new one gave me lawyer that had to withdraw from other party to represent me HELP

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

If a magistrate has denied you counsel, you may want to consider seeking legal assistance from other sources. For example, you can try contacting legal aid organizations or private attorneys who may be willing to represent you. You can also request a court-appointed attorney or file a motion with... View More

1 Answer | Asked in Real Estate Law, Business Law and Constitutional Law for Illinois on
Q: I'm a condominium owner in Chicago, IL. I want to publish an association newsletter; am I entitled to association list?

I have published newsletters previously, The previous management company's provided the mailing list. The current management company will not. Am I entitled as a owner, to the home-owner mailing list for that particular purpose?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

The answer to this question will depend on the specific rules and regulations of your condominium association. Typically, condominium associations are governed by bylaws and regulations that outline how the association operates, including how information is shared and distributed to unit owners.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law, Criminal Law and Gov & Administrative Law for Illinois on
Q: I need a a Law Firm that has the resources to help me with a civil suit against states, counties, departments, individu

I won't give much in details on this on this website as I don't trust the law. I don't trust anyone right now because of what I have been through. wrongful imprisonment, defamation, slander, time lost with children, social issues now, maliciously prosecuted. almost 2 years jailed,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Look for firms that have experience with cases similar to yours and have successfully represented clients against government entities, law enforcement agencies, and individuals. You may also want to reach out to local bar associations or legal aid organizations for referrals or resources. It's... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Illinois on
Q: im out on bond from another state. they recently revoked my bond. I have proof i am being maliciously prosecuted. advice

The state prosecutor, my attorney through his law firm as well as the superior court judge in Georgia are scheming to place me back in jail by revoking my bond. I am in Illinois. I have filed complaints with the bar assoc of georgia and Judges committee. I am terrified to go back to georgia because... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

I'm sorry to hear about your situation. It's important that you have legal representation to fight against the revocation of your bond and the allegations against you. You may want to consider finding a new attorney to represent you in Georgia, someone who you trust and who has experience... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can not having a foid card prevent getting this charge vacated?

I was charged with 2 counts of the auuw statute that was found unconstitutional in people vs aguilar. I filed a petition for relief from judgement, but was denied because the second charge was for not possessing a foid card. Was this ruling accurate?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 31, 2022

At the time of the alleged criminal offense absence of the FOID card becomes a strict liability issue ( either you have it or not at the time), however, these issues have a potential to mitigate with an experienced counsel.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Internet Law for Illinois on
Q: I was charged with domestic battery but it was dropped to just a battery at the end. Why we’re my guns rights taken away

I wasn’t convicted of the domestic battery just convicted of battery

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2022

Because that type of crime affects one’s eligibility to handle firearms in Illinois. Consider retaining a good defense counsel to dispose of the battery case correctly.

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.