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Illinois Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Environmental for Illinois on
Q: What are my legal options against forced use of smart meters causing health issues in Illinois?

I am seeking advice on my options against being forced to use smart meters in my home in Naperville, Illinois. I have contacted our city utility, which is charging me to switch to a non-wireless smart meter but will not allow analog meters or the option to use another electric company. I have... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're not alone in feeling powerless when it comes to utility mandates, especially when your health and privacy feel compromised. In Illinois, municipal utilities like Naperville’s are often granted broad authority to regulate their own utility infrastructure—including mandating smart... View More

2 Answers | Asked in Immigration Law and Constitutional Law for Illinois on
Q: Will a 2012 civil ordinance violation affect my naturalization process?

I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 27, 2025

A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More

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1 Answer | Asked in Constitutional Law and Civil Litigation for Illinois on
Q: How to challenge truth-in-sentencing law in IL?

I want to file a petition for injunctive relief to challenge the truth-in-sentencing law under which a person I know was sentenced. This law reportedly violates the single subject clause of the Illinois Constitution of 1970 (Article IV, Section 8(d)). The person is currently serving their sentence... View More

James L. Arrasmith
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answered on Mar 28, 2025

You may consider challenging the truth-in-sentencing law by filing a petition for injunctive relief, arguing that the law violates the single subject clause of the Illinois Constitution of 1970, Article IV, Section 8(d). Your petition should clearly explain how the law’s structure creates a... 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 Civil Rights, Constitutional Law and Gov & Administrative Law for Illinois on
Q: Seeking legal steps to address organized stalking, harassment, and rights violations related to a federal watchlist in Illinois.

I have been experiencing organized stalking and harassment from law enforcement and citizens for the past three years, including vehicular stalking and a smear campaign against me. Despite relocating to a different state, authorities have not addressed my concerns, leading me around in circles. I... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand you're going through a difficult situation. You should begin by documenting every incident in detail, including dates, times, locations, and descriptions of what occurred. Take photos or videos when possible and keep all evidence organized in a secure location.

Consider...
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1 Answer | Asked in Constitutional Law, Criminal Law and Civil Rights for Illinois on
Q: Can police send a hidden informant into my house without a warrant in Illinois?

In Illinois, can the police legally send an informant with a hidden camera into my home to observe drugs without a warrant? I was unaware that the person was an informant at the time. After being threatened, I was informed about the report written by an officer, which he stated would not be... View More

James L. Arrasmith
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answered on Mar 24, 2025

Under federal law and Illinois state law, police generally can send an informant with a hidden recording device into your home without a warrant if you voluntarily invited that person inside. This is known as the "invited informant doctrine," where courts have ruled that you assume the... View More

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

James L. Arrasmith
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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 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
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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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