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Illinois Appeals / Appellate Law Questions & Answers
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

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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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 20, 2025

I just wanted to clarify that you are not seeking to "reopen" your case because you DO NOT HAVE ONE. You need to hire an attorney OR file an Application for Adjustment of Claim with the Illinois Workers Compensation Commission (IWCC). The claim No. you have is with the insurance... View More

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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 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 Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.

After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.

James L. Arrasmith
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answered on Dec 27, 2023

In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation... 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.

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 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

Q: DCFS APPEAL REGARDING FALSIFIED REPORTS MADE AND ALLEGATIONS AGAINST MOTHER AND ILLEGALLY KIDNAPPING OF MY 3 CHILDREN.

Illegally kidnapped my 3 children. False Reports and allegations against the mother. In violation of all my rights as a mother and a human civilian of the USA. I have no way to obtain a lawyer because I can't get a job because I'm on the registry for 3 years of abuse and neglect to my... View More

James L. Arrasmith
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answered on Jun 21, 2024

Each state has its own process for appealing DCFS (Department of Children and Family Services) decisions. In Illinois, you generally have 60 days from the date of the decision to file an appeal. The appeal should be filed with the Administrative Hearings Unit.

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: I was involved in the Sosa versus on fida case and I am calling to find out what I can do case # 20-cv-04247@
Charles Candiano
Charles Candiano
answered on Jan 29, 2024

You need to check with your attorney. Pacer shows the case was closed on 12-04-23.

1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Civil Rights for Illinois on
Q: How to file appeal in juvenile court? How to file motion to dismiss in juvenile court? What are process/outcome of each?

I am parent to children involved in juvenile court due to alleged neglect. Other parent is my spouse, we are separate parties in case. Appeal rationale?: shelter care hearing occurred without prior knowledge of process of proceedings or contents of petition, given copy of petition as court began.... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You said you hired a lawyer. These questions are complicated and your lawyer should be answering them.

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: Can't find the decision before Ill Appellate Court First District in 1997: Moll v. Mt. Prospect Fire Dept.Pension Fund.
Charles Candiano
Charles Candiano
answered on Oct 18, 2022

There are no reported Decisions involving a litigant by the name of "Moll" and "Mount Prospect" from the late 1980's, to present. It would be helpful to know why you are looking for it/what proposition it stands for. Please provide that information and I'll check.

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: how do you appeal a murder case that was denied a state appeal
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

That answer requires a full knowledge of the original criminal case, its procedural history, evidence, motions, rulings, and case notes on possible manifest mistakes and other legitimate grounds for an appeal to be timely and appropriately filed by such attorney.

That legal issues requires...
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1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If I lose appeal on monetary judgement will I have to pay twice as much or the original amount of judgement

I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... View More

Charles William Michaels
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Charles William Michaels
answered on Feb 12, 2021

First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Libel & Slander for Illinois on
Q: Hi, I am currently deeply twisted up in some very deep legal issues and am desperate for help! I have no idea what to do
Juan Ooink
Juan Ooink
answered on Jan 6, 2021

If you are facing legal issues, you need to hire an attorney that handles the type of matter you are dealing with. The sooner you contact an attorney, the better.

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1 Answer | Asked in Employment Law and Appeals / Appellate Law for Illinois on
Q: Illinois supreme appellate court decision: mandate - appeal dismissed what does this mean in a civil case?

Case of unemployment in chicago

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2020

An Illinois attorney could advise best on this, but you await a response for four weeks. As a GENERAL matter, dismissed means thrown out by a court. Also as a GENERAL matter, dismissals can be with prejudice, without prejudice, subject to being vacated, etc. But you need more than just GENERAL... View More

2 Answers | Asked in Appeals / Appellate Law and Traffic Tickets for Illinois on
Q: Can I appeal a conviction based on negligence from all parties of the court?

I was forced into taking a ridiculous plea the states attorney deliberately handed down a harsh sentence because he doesn’t not like me. My lawyer did nothing to help me either. My lawyer and the states attorney and the judge, well as a matter of fact everyone in this little podunk county are... View More

Theodore J. Harvatin
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answered on Oct 26, 2020

The state of Illinois considers driving revoked, particularly when the reason for the revocation is a DUI or other serious traffic offense, to be a serious violation of law. Given that you mentioned IDOC, it appears it was or could have been a felony.

In most circumstances, it is EASY for...
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