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Illinois Civil Rights Questions & Answers
1 Answer | Asked in Family Law and Civil Rights for Illinois on
Q: Can you fight the family of a deceased transgender woman, who legally changed her name, on trying to bury her as a “him”
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 10, 2021

The law school that I went to never touched this subject. I would suspect that there is no authority whatsoever answering your question.

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can a case be thrown out on a technicality on these circumstances

Many laws are written as in he, him, and other male pronouns. Many also do have the he/she/they to include both man and woman (and whatever other weird genders and sexes lol). Let’s say a woman committed a crime as opposed to a man because the law only uses male pronouns. Could the case be thrown... Read more »

Juan Ooink
Juan Ooink answered on Feb 10, 2021

Absolutely not. This is not a reason to have a case dismissed. If you are facing charges, you need to hire a Criminal Defense Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: How can you be indicted with no probable cause and still be held?

1st indictment didn't have probable cause and the government admitted it yet he was still detained. Government didn't file an 851 and superseded him. How could the probable cause change?

Juan Ooink
Juan Ooink answered on Jan 28, 2021

Again, these are questions to discuss with the Defendant's attorney. Only the attorney will have the needed information in order to address your concerns. If they do not have an attorney, one should be hired right away. The sooner an attorney is hired, the better.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Illinois on
Q: Can the grand jury use the same evidence to indict you again for the same charge?

1st indictment for distribution didn't have probable cause but he was still indicted. How can grand jury indict again with the same evidence and add another charge and co conspirator?

Juan Ooink
Juan Ooink answered on Jan 28, 2021

This is really something to discuss with the Defendant's attorney. Only their attorney will have the needed information in order to address your concerns. If they have not hired an attorney yet, they need to do so right away. The sooner an attorney is hired, the better.

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Sexual Harassment for Illinois on
Q: RE: Surveillance Abuse, police negligence, police harassment, espionage, radiation poison and Sexual Assault via device

I'm a whistle blower who worked in the radiology department at Mercy Hospital in Creve Coeur, Missouri. I have been a victim of surveillance abuse since 2017. What do I do when being denied an attorney and police are neglecting me?

Charles Candiano
Charles Candiano answered on Jan 24, 2021

You need to re-post this under Missouri Law because the events took place in that venue.

1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Illinois on
Q: I paid $100 for a cat, now the old owner wants it back. She has even called the cops to my place, what should I do?

Found an add on Craigslist for a cat, the person contacted me and we met up she gave us the cat than we gave her $100 for the cat. She was also abusing the cat and force feeding it with a turkey baster, I doubt it has every been to the vet with all the isssues she has and we have put over $200+... Read more »

Juan Ooink
Juan Ooink answered on Nov 25, 2020

If you have a receipt, show that receipt to the police and tell them that the cat is yours. If you do not have a receipt, hopefully there was an independent witness with you when you purchased the cat. If so, have that witness speak to the police and tell them that you purchased the cat. If not,... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Illinois on
Q: Retaliatory discharge and Discrimination

Wrong Termination

I was wrongfully terminated on Oct 12, 2020, from my previous employer, Mercy Housing. I was brought up on fraudulent charges, which were a surprise to me. I was never reprimanded for these charges that I have been accused of. I believe it's a case of retaliation and... Read more »

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

More information is needed here. Why do you believe you are being retaliated against? Why do you think you are being discriminated against? Title VII protects employees from being discriminated against on the basis of their race, religion, sex, etc. and for being retaliated against for engaging in... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: how can i defend myself from the police from locking me up even tho i didnt do nothing bad

the police took my personal belongings and forced me to put all my information into the system and they want me to pay lots of money for i can be able to be a free man and they also want me to pay lots of money so i can walk the streets and they are harassing me and wont stop tailing me and i dont... Read more »

Juan Ooink
Juan Ooink answered on Nov 2, 2020

You need to hire a criminal defense attorney if you have been charged with an offense. The sooner you hire an attorney, the better. If you can not afford to hire an attorney, you need to request the services of the Public Defender in Court.

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...
Read more »

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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