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Illinois Constitutional Law Questions & Answers
1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Illinois on
Q: Where my fourth amendment Right Violated?

I get pulled over for no front plate officer approaches window do you have you drivers licence and insurance. My answer no I don't I left it at home and insurance is on my phone but I have my ID. Officer aggressive starts looking through the drivers side with his flash light. Then proceeds to... View More

Juan Ooink
Juan Ooink
answered on Apr 25, 2019

Have you been charged with a crime? If so, you need to hire an attorney to assist you right away. The sooner you hire an attorney the better. If you have not been charged with a crime, there is not much you can do at this point.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?

The cop lied saying I tried to get back in my vehicle and that then he tased me. Really he walked me out in the field and beat the crap out of me and tased me out there. Four months later I get a warrant for drug possession, resisting, and obstruction. Grounds for dismissal?

William Wolf
William Wolf
answered on Dec 25, 2018

I agree with Mr. Ooink. You need an experienced criminal defense lawyer to help you.

While many police officers don't lie, there are some who lie all the time. That being said, in most cases, this is a credibility contest at trial. One thing I've had a number of clients approach...
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1 Answer | Asked in Constitutional Law for Illinois on
Q: I'm currently studying for an exam, and I need to know how about metaphysics in regards to due process.

I've looked over my notes and textbook but have found nothing on the matter. Thank you!

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2018

That’s a tough one. It’s no surprise you weren’t able to find anything. Due process is a constitutional protection against the taking of one’s life, liberty, or property by the government without first applying certain legal measures. It’s hard to see the connection.

Tim Akpinar

1 Answer | Asked in Constitutional Law for Illinois on
Q: I'm a 65 year old man can you break down what Roe versus Wade means in layman's terms for me as time allows thank you
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Roe v. Wade was a 1973 Supreme Court decision that established a woman’s legal right to have an abortion if they chose to do so.

1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Illinois on
Q: My former roommate left his guinea pig at our house after we threw him out and refuses to pick her up. What can I do?

My 6 month old daughter and I are allergic and need her to go to a good home.

Gary Kollin
Gary Kollin
answered on Jun 25, 2018

take it to animal control

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Family Law for Illinois on
Q: Is it illegal for my mom to move without telling me if her house is my legal residency and she has my stuff in her house

I'm 19 and she moved without telling me that she was even planning to move. Some of my stuff is still with her in her new house and documents such as my birth certificate and citizenship papers are also with her.

Gary Kollin
Gary Kollin
answered on Jun 23, 2018

I’m sorry. Your mother needs your permission to move?

Did you ask her for the items?

If she doesn’t want to give you your property, consider a writ of replevin

1 Answer | Asked in Civil Litigation and Constitutional Law for Illinois on
Q: If one is fired without cause & is denied due process, is her property interest in the job considered "personal injury"?

This relates to 14th Amendment rights. All state remedies for unlawful termination and breach-of-contract complaints have been exhausted.

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2018

You do not state whether you are a government employee. Due process is not required in private employment circumstances, but typically is with public employees. Similarly, employees in the private sector typically have no property interest in their job, whereas a public employee may. Your question... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Illinois on
Q: My wife is threatening me with past police reports should i worry about going to jail for them if she calls the police
Cheryl Powell
Cheryl Powell
answered on Nov 11, 2017

Police have already investigated past reports. They go into the pile of dust or the pile that is transmitted to the state's attorney. It is unlikely.

1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Illinois on
Q: I'm 18 and stuck in the foster care system in Illinois if I get Married and I be discharged from the system

I'm also

On probation but I

Don't think that matters

Cheryl Powell
Cheryl Powell
answered on Jul 1, 2017

U can generally be discharged at 18. But its not usually a good idea. The state will pay for college, vocational training, etc. Getting married is no magic answer. 18 year olds generally are not mature enough to make a good determination as to a mate.

2 Answers | Asked in Car Accidents, Constitutional Law, Criminal Law and Libel & Slander for Illinois on
Q: what steps to take to amend a police auto accident report?

My witness said nothing happened. Police officer got me with hit and run ,yet report from my statement and other drivers statement agree I was there till other driver left.

Cheryl Powell
Cheryl Powell
answered on Jul 1, 2017

It can be supplemented. However, this is the responsibility of ur lawyer.

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1 Answer | Asked in Civil Litigation and Constitutional Law for Illinois on
Q: Why don't you have a right of speedy trial in a civil law suit??
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jun 5, 2017

There is no specific Illinois law for "speedy" civil trials.

1 Answer | Asked in Constitutional Law for Illinois on
Q: When was the establishment clause first interpreted to specify not just what Congress can't do, but also the president?

As one answerer noted, the establishment clause is a restriction on Congress - or at least it originally was. Today, the establishment clause is interpreted to restrict actions the executive branch can take as well (eg. Trumps Muslim Ban). How did this clause come to be interpreted this way?

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

Establishment Clause in the Constitution is a restriction on Congress.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Illinois on
Q: Can i travel in Chicago without a license plate, license and insurance?

With a affidavit pic truth..and your sovereign right to travel

Ray Choudhry
Ray Choudhry
answered on Apr 30, 2017

If your are a passenger, sure. But be sure to have cab fare.

If your are driving, you will be arrested.

Your pocket edition of the Constitution won't help you when you asset your sovereign rights.

In Illinois driving is a privilege and not a right.

The...
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1 Answer | Asked in Civil Rights, Constitutional Law, Education Law and Small Claims for Illinois on
Q: In Illinois how do I sue a school for intimidation, harassment & discrimination?
Steve McCann
Steve McCann
answered on Mar 23, 2017

It is certainly a challenge, particularly if it is a school funded by any state or local government. I would recommend consulting with an attorney individually for a consultation if you truly believe the school is liable to you for damages.

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: If I were arrested for driving without a license why would I not just invoke my constitutional right to travel?

If my license has been suspended or revoked by the state of Illinois can I still invoke my right to travel? Taking in the fact that my driver's license is a quasi-contract anyway, on the basis that no one is told before signing the contract (driver's license) that you are giving up a... View More

Cheryl Powell
Cheryl Powell
answered on Feb 9, 2017

Dream on. Do you think because you read something online that you are suddenly a lawyer? I think not.

Do u have a right to travel, yes. In any form except as a driver of a car. Walking on foot might be a good idea. Driving is a privilege, not a right. The state granted you the right....
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1 Answer | Asked in Constitutional Law for Illinois on
Q: If a students phone is searched reasonably and can text be used to get other students searched?

Say a student was accused of selling drugs and they got searched (By School Staff) and they found nothing on the individual accused. However, they found text on the phone between the accused individual and his contacts, multiple contacts, and used those texts to search the other students at school?... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 2, 2015

Did they have a search warrant for the phone? That is an important question. If someone has been charged with a crime, they need to get a private criminal defense attorney.

1 Answer | Asked in Constitutional Law for Illinois on
Q: In American jurisprudence why can the police make marijuana a crime and lock people up for it without strict scrutiny?

It\'s my understanding that the DEA and FDA decide what goes on the list of controlled substances. If the police, in a time of peace, can deprive someone of their liberty for something they themselves have determined is a crime and the only appeal as to whether that substance is on the list by... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

It is the legislature that makes up the statute and enacts the laws, the police do not do this. You are wrong about that in my opinion. Did you know that there are bills in front of the US legislature on this subject, right now?

1 Answer | Asked in Constitutional Law for Illinois on
Q: Does the first ammendment overide a municipals law to ban door to door solicitation?

I am a salesman for a pest control agency. I was recently written a small citation for soliciting without a permit. Does watchtower bible vs. Village of Stratton protect me and would that likely hold if i were to go to court

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

That would be called preemption, but no it does not.

1 Answer | Asked in Constitutional Law for Illinois on
Q: what proceedures does a person take to enforce their right to travel with the common vehicular constitutional law
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

I do not understand your question. A driver's license is a privilege, not a right. Go see a local attorney for a full discussion.

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