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Illinois Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: I was taken from England age 2. Kept by some people I dont know. They gave me a false name and citizenship.
George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

You did not ask a question. You did not state whether this was kidnapping or adoption. Were you harmed? US citizenship can be valuable. It's not clear what your situation is.

1 Answer | Asked in Civil Rights for Illinois on
Q: My friends wife wants to kick him out of his house and make him pay bills
George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

She cannot legally evict him while they are married. She would need a restraining order and would need just cause for that. He needs to pay his share of the bills in any case while married.

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: what constitutes racial profiling from a legal standpoint?
George W. Svoboda
George W. Svoboda answered on Aug 5, 2020

There are many laws against discrimination based on race. Racial profiling is a term used broadly to mean that race or ethnicity is used as suspicion that someone committed an offense. Usually, this is something that law enforcement is accused of. Proving racial profiling is a way to win a... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Illinois on
Q: Can they arrest you for being homeless and not paying your auto dues

Living in my car, no longer can afford my auto insurance

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 27, 2020

Only if you are caught driving without insurance.

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1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Small Claims for Illinois on
Q: You My dog and her two puppys were taken from there home when someone broke into my house and let them out .

You

My dog and her two puppys were taken from there home when someone broke into my house and let them out . Animal control kept them for 2 months with my only option being to wait for court and the judges decision... court finslly came and i asked the judge and the ASA told the judge i was... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

You will have to sue Animal Control for violating your civil rights. Talk to a civil rights attorney in your area.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
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1 Answer | Asked in Child Custody and Civil Rights for Illinois on
Q: Can I legally leave home at 17 without being emancipated in Illinois?
Cheryl Powell
Cheryl Powell answered on Jul 5, 2020

No. You have no authority to rent, buy a car, or do anything but work. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Civil Rights for Illinois on
Q: If I was arrested for dui and while I was handcuffed and seat belted in cop car and was choked do i have a civil case?

Did not resit at all was compliant

Andy Hale
Andy Hale answered on Jun 28, 2020

The Fourth Amendment to the United States Constitution - as well as most state laws - hold that law enforcement officers may only use reasonable force to effect an arrest. If an individual is offering no resistance, the law enforcement officer is only permitted to use minimal force (such as... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: can police in illinois enter and search a home for a suspect with an arrest warrant but no probable cause hes there
Juan Ooink
Juan Ooink answered on Jun 22, 2020

There are always two sides to a story, so your best option is to review your case with an attorney. The sooner you do this, the better.

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Illinois on
Q: I work in the restaurant industry. My boss has been extremely rude and vulgar to myself and my coworkers.

He has had some of my coworkers clean black mold, deep clean carpets for hours on end, worked construction within the restaurant in front of us. He drinks to the point where he is drunk and yells and screams at us consistently. Tonight he yelled at me for refusing to do another’s job when I was... Read more »

Raul Jauregui
Raul Jauregui answered on Jun 12, 2020

I'm very sorry to learn of your allegations and wish you good health. This is a matter that probably not just affects you but also your fellow employees. If this was happening in Pennsylvania, where I practice, I would immediately suggest that the employees band together with their... Read more »

3 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...
Read more »

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.

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