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Illinois Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for Illinois on
Q: Can they obtain a warrant??

My dad is currently in jail and may end up losing his house before he can get out. I had property I was storing there and decided to go get it before he lost everything. My uncle who does not reside in this state and has not even been in illinois in over 2 years called the police snyd told them he... Read more »

Cheryl Powell
Cheryl Powell answered on May 25, 2020

Yes, they can. Then you would have to defend in court if you were charged. Do not talk to the police without a lawyer.

2 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: How do i get an AGG Battery off my record from 1986?
Cheryl Powell
Cheryl Powell answered on May 24, 2020

Were you put on probation? The lawyer you speak with needs to have a copy of all of your documents, particularly your sentencing order, from your court file. I am not sure that it is even possible to get it off your record, but the type of probation you were on, if any, would matter.

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3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... Read more »

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1 Answer | Asked in Civil Rights for Illinois on
Q: Can I record police during a traffic stop in the state of Illinois?

Can I record in publicly funded buildings?

Andy Hale
Andy Hale answered on May 11, 2020

Yes, Illinois allows citizens to record interactions with the police. The Illinois statute on point is 720 ILCS 5/14-2(e) which states: "Nothing in this Article shall prohibit any individual, not a law enforcement officer, from recording a law enforcement officer in the performance of his or... Read more »

1 Answer | Asked in Civil Rights for Illinois on
Q: I am looking for a cival rights lawyer for federal court

I'm needing an attorney for my boyfriend civil suit in federal court. It is against an officer at the Vermilion county jail in danville illinois. My boyfriend is incarcerated there.

Andy Hale
Andy Hale answered on May 11, 2020

Hello:

I would be happy to learn more about your boyfriend's situation. When someone is detained at jail or sent to prison, they may lose their freedom, but they do not lose their civil rights. For example, prisons and corrections officers have a legal obligation to keep prisoners...
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1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... Read more »

1 Answer | Asked in Civil Rights and Municipal Law for Illinois on
Q: Are tasers legal to have and carry in Illinois if a person has a FOID card?

I'd like to keep on at home or in my purse/car.

Kimber Russell
Kimber Russell answered on Mar 10, 2020

Tasers are legal in IL with a valid FOID card, however, there are exceptions to when they may be used including:

--when you intend to use the weapon unlawfully against someone else

--while you’re masked or hooded in a way to hide your identity

--in a place licensed to sell...
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1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: If location on charging document from court house sworn to be true does not exsist should charge be dismissed
Juan Ooink
Juan Ooink answered on Jan 27, 2020

This is something you need to discuss with your attorney. If you have not hire an attorney yet, you need to do so right away.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Can the officers come in if you didn’t give them verbal consent?
Juan Ooink
Juan Ooink answered on Jan 10, 2020

It depends on a number of things. Much more information is needed in order to address this question. If you have been charged with an offense, you need to hire a criminal defense attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Civil Rights and Real Estate Law for Illinois on
Q: Can I get on the deed of my deceased Dad’s house before my brother sells out from under me or takes a loan out?

As far as I know there is no will & I was the executive on his life insurance which I split in half with my brother.

James G. Ahlberg
James G. Ahlberg answered on Jan 6, 2020

There are too many details left out of your question to determine what the answer is. You should meet with a lawyer licensed to practice law in the state where the house is located. During the appointment the lawyer will get these details and should be able to give you good advice.

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: If a case was dismissed either with or without prejudice in criminal court, can the defendant still be pursued in civil?

The defendant was given 30 hrs of independent community service and 2 months of no contact with myself the plaintiff. I was told the case was dismissed, however I don’t know if it was with or without prejudice. I am now suing the defendant in civil court and want to make sure I can go forward... Read more »

James G. Dimeas
James G. Dimeas answered on Dec 4, 2019

Just because a criminal case was dismissed in criminal Court does not mean that you cannot pursue legal action in a civil Court. So you should have no problem going forward with a civil lawsuit.

1 Answer | Asked in Car Accidents, Civil Rights and Criminal Law for Illinois on
Q: In preparing to bring civil action for an auto accident I have been able to show the police falsified a report

One witness accused by one driver causing him to back into my son, was released without statement the Driver information exchange was missing the offending driver info on my sons copy. I hired an independent collision expert who determined it was impossible for the accident to happen the way it... Read more »

Michael J. Morse
Michael J. Morse answered on Nov 4, 2019

Speak to your attorney handling the auto case. Sounds like if you show your evidence you can get the report changed or at least show there is a question of fact regarding the veracity of the report. You should also try and make an addendum to the original report. Good luck!

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Unlawful arrest illegal search and seziure

I had a friend whom had charges filed on him by a mad ex girlfriend he had come and stayed in my home a few times. Police came and arrestwd me on a misdemeanor traffic warrant and hour later returned to arrest him,he volunteered to give up and walked out to themlocking soor behind him,the ploice... Read more »

James G. Dimeas
James G. Dimeas answered on Oct 31, 2019

It's entirely possible that the search of the house was illegal. As a general rule, the police must have a warrant to conduct a search of a residence but there are many exceptions. You should consult with an experienced criminal defense lawyer who can review the evidence to determine whether a... Read more »

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1 Answer | Asked in Personal Injury and Civil Rights for Illinois on
Q: I'm trying to do my own court case, pro se, can I use actual quoted information from this website, if so, how do I ?
Gary Kollin
Gary Kollin answered on Oct 9, 2019

A judge would nit care what an attorney wrote here.

Legal arguments require a lot more than an "I can do it" belief

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: did i ask for a work to be done or did i just ask a question

obviously if i wanted "dollar store" work i would've came to you personally ..either answer the question or don't..have a nice day gayry..oops Gary

William Wolf
William Wolf answered on Oct 1, 2019

I know you may not realize it, but you're asking for free work to be done.

Asking a lawyer what he or she thinks is asking the lawyer to provide work. Most of our work, before one of us may open our mouths in a courtroom, or in writing on an appeal..... is thinking through the problem...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: "educated" excuse for lack of knowledge because punctuation makes you dyslexic to answering a question..you're a joke

dont believe i specifically asked anybody named gary to do anything for me free so gary can go be irrelevant somewhere else..thank you

Gary Kollin
Gary Kollin answered on Oct 1, 2019

What? Have to pay a lawyer for the work they do? On a criminal case at that? Say its no so!

THAT stated, JUSTIA is noT a dollar store version of lawyering where you get lawyers to provide actual reliable legal advice on the cheap so you don't have to pay an actual lawyer to handle...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: you didn't answer my question because you obviously dont understand the question..

if you read my last question thoroughly then read this question thoroughly then you would understand my question..other than that you dont have to answer if its too hard to understand instead of complaining because im trying to find answers and you dont have them or just one of those who help this... Read more »

Gary Kollin
Gary Kollin answered on Oct 1, 2019

If you would have the courtesy to write in complete sentences beginning with capital letters and ending in punctuation marks, it might assist in understanding your inquiry.

perhaps paragraphs could also help.

If you choose to use your self created punctuation that is your choice....
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: i wasn't charged with crime i was arrested for but charged with other offences..is that legal.?

arrested for failure to identify/ obstruction of identification for not giving my name but wasnt charged with it

Juan Ooink
Juan Ooink answered on Oct 1, 2019

Please stop asking the same question over and over. I have already answered your same question a number of times. If the Police ask you your name and you either refuse to give them your name or give a false name, you can and will be charged with obstruction. You have been charged with an offense,... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: can i be arrested for failure to identify/ obstruction of identification for not giving my name but not charged with it?

i was charged with evidence found but not why i was arrested

Juan Ooink
Juan Ooink answered on Oct 1, 2019

What? Your question is confusing. If the Police ask you to identify yourself and you refuse to do so or give a false name, you absolutely can and will be charged with Obstruction. If you have been charged with any offense, you need to hire a criminal defense attorney right away. The sooner you hire... Read more »

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1 Answer | Asked in Gov & Administrative Law, Child Custody and Civil Rights for Illinois on
Q: In Illinois if you are under investigation and have not been found guilty of any crimes , can you refuse a CPS drug tes
Cheryl Powell
Cheryl Powell answered on Oct 1, 2019

You can refuse anything you like. Then it is considered a failed test by the court system. As such, there is a possibility that you could lose your children.

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