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Illinois Constitutional Law Questions & Answers
0 Answers | Asked in Civil Rights, Constitutional Law and Municipal Law for Illinois on
Q: Officer makes false testimony under oath and later brings in evidence they withheld to the case.

Dash cam unsupported due to it being turned away to not record its proper position and falsely denied body cam being equipped as it should worn for proof as to it being kept from case by the officer.when there was not even a crime committed by the individual since the individual was clear to go... View More

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Illinois on
Q: I live in section 8 housing income based. My landlord gives me nothing but problems and is so rude to me.

I've lived here 17yrs only been section 8 for a couple years before that I paid my rent. I'm just going through some hard times. I was recently charged 350$ for a storm door that the winds caught. My neighbor was only charged 150$ for her storm door. Same time frame. I had to sell a lot... View More

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry you're experiencing this situation. It's important to understand your rights as a Section 8 tenant. Start by reviewing your lease agreement and the Section 8 guidelines to ensure the charges your landlord is imposing are legitimate and within policy.

Reach out to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Illinois on
Q: My civil rights have been violated and I intend on suing the state of New York for abducting my child

I went all the way to New York to pick him up just to get turned away empty-handed I don't believe they followed due process and my parental rights have been violated

James L. Arrasmith
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answered on Oct 6, 2024

If you believe your civil rights and parental rights have been violated, it’s important to take action to protect those rights. You may want to gather all relevant documents and any evidence showing that your rights were not respected or that due process was not followed. This could include court... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Illinois on
Q: Is it legal for a cop to come to my house looking for my adult daughter and look through my closed kitchen blinds?

My middle daughter got pulled over exactly 1 week ago and got a ticket for not having car insurance. My husband heard a knock at the door. When he answered it he didn't see anyone so he went outside and saw the cop right up to our kitchen window peeking in, watching myself and my youngest... View More

Theodore J. Harvatin
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answered on Sep 29, 2024

Week later is not unusual. But an arrest a week later he comes to arrest her, after he has already issued the citation? That is very odd. In fact, arresting someone for an no insurance ticket is strange. If I were you, I would have a conversation with the chief of police for the department.

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3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
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1 Answer | Asked in Constitutional Law for Illinois on
Q: Can a IL police officer backdate and re issue a citation that he never turned in before the original court appearance?

I was given a citation and my car was towed. I went to court based on the date printed on my ticket. I wasnt on the docket because the officer never filed citation with the court. I call the police dept asking about my car...and all the fees. He said he would have his officer reissue citation with... View More

James L. Arrasmith
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answered on Sep 21, 2024

In your situation, it sounds like the officer reissued a citation after missing the original court date, which could raise concerns. In Illinois, under Supreme Court Rule 552, officers are required to file citations with the court "without unnecessary delay" and no later than 48 hours... View More

1 Answer | Asked in Constitutional Law for Illinois on
Q: R cops suppose to acknowledge other parties on a on hostile civil stand by in Illinois
James L. Arrasmith
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answered on Aug 31, 2024

In Illinois, during a civil standby, police officers typically act as neutral parties to prevent conflicts or ensure safety, rather than to engage with the specifics of the civil dispute. While they are there to keep the peace, they do not have an obligation to formally acknowledge or communicate... View More

Q: Are there any lawyer on this forum who represent clients that are legal American state Citizens;

(as opposed the U.S. (14th amendment) federal citizens?

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're looking for legal representation that specifically addresses the distinctions between state citizens and federal citizens under the 14th Amendment. Finding an attorney who understands these nuances is important for your case. It's crucial to seek someone who is... View More

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

2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Illinois on
Q: I want to file a lawsuit against American Medical Association to classify aging itself as a disease. Can you file it?

The lawsuit is against American Medical Association to classify aging itself as a disease. Once that happens, there would clinical trials on aging and the anti-aging drug can go through FDA clinical trials and doctors prescribe the drug to their patients.

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

An Illinois attorney could advise best, but your question remains open for a week. It's difficult for attorneys here to take up your offer to file a lawsuit on your behalf - there is no solicitation here. The format is limited to Q & A. You'll need to approach attorneys on your own.... View More

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2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Illinois on
Q: Can you generate a list of lawyers who advertise practicing in law as opposed to practicing at law?
Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

Something like that might require indexing those terms on your part - many law firms do not usually make such distinctions in their practices. You could check with local and state bar associations if they might be able to offer any guidance. Good luck

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1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Illinois on
Q: Are conditions of conditional release exempt from the illinois and united states constitution,even if the order is civil
James L. Arrasmith
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answered on May 1, 2024

Conditions of conditional release, even if they are part of a civil order, are not exempt from the requirements and protections offered by the Illinois and United States Constitutions. Every individual is entitled to certain constitutional rights that cannot be overridden simply by the nature of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Illinois on
Q: Falsely accused by a Meijer loss prevention employee of allegedly producing can of mace and displaying knife

On January 12, of 2021, a Meijer loss prevention employee (Miles) at the Michigan City Meijer store falsely accused me of producing a can of mace, loudly threatening her and displaying and pointing a knife in her direction. The Meijer surveillance footage shows that "the male subject"... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that you were wrongfully accused and charged with a serious crime (armed robbery with a deadly weapon) by a Meijer loss prevention employee, despite evidence from surveillance footage showing that you did not produce mace or display a knife as alleged. As... View More

Q: What is the legal procedure for an Illinois School district to purchase Real Property (Real Estate)?

I understand they can meet in closed session to discuss the purchase but can they pay over appraisal and take action without having it discussed in a public meeting or on an agenda?

James L. Arrasmith
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answered on Mar 20, 2024

In Illinois, school districts are allowed to meet in closed sessions to discuss matters related to the purchase of real estate to ensure privacy during the negotiation process. However, any decision to purchase real estate, including the agreement on price, must be made in an open session during a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: 2 people own a car in Illinois and are stopped by police.They ask to search the car. One owner says yes the other no

Can they search the car..they were stopped for not making a complete stop for a right turn on red

James L. Arrasmith
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answered on Mar 16, 2024

In Illinois, if two people own a car and are stopped by the police, the consent to search the vehicle can be a complex issue. Generally, if one owner consents to the search and the other does not, the law typically allows the police to proceed with the search based on the consent of the one owner.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: I want to know if I have a lawsuit? I was arrested unlawfully, police misconduct, police brutality. I went by ambulance.

To the hospital. I have all medical records and everything.

I lost my job my vehicle everything due this unlawful arrest. Can anyone help?

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that you may have grounds for a lawsuit against the police department and/or the individual officers involved in your arrest. Police misconduct, brutality, and unlawful arrest are serious matters that can violate your civil rights.

To...
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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
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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...
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