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Illinois Questions & Answers
3 Answers | Asked in Traffic Tickets for Illinois on
Q: Hello i just got traffic ticket for going 29 over in Illinois, how likely is Jail Time if i plead guilty?

I had an accident when i was 18 but that didn't go on my record and a warning before for speeding when I was 20 so my record is clean, what are my chances is if i decide to show up to court with no attorney Present? I know its a class B misdemeanor but how likely is Jail if i decide to admit guilt... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Dec 13, 2019

Unlikely but it is a criminal offense so you might want to talk to a lawyer about getting the speed reduced.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: What if you have a trip that is already booked that is out of the country and it conflicts with the court date?

The trip was booked, then you received the ticket appear in court.

Brandon K. Davis
Brandon K. Davis answered on Dec 12, 2019

An attorney may be able to represent you in your absence depending on a few factors. Contact an attorney that practices in the courthouse/county where you case is assigned. You can also try to file a motion at the courthouse.

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Are using cell while driving tickets considered a moving violation in Illinois? If I get one, do I have to go to court?

Or can you pay the fine for the ticket and plead guilty?

Brandon K. Davis
Brandon K. Davis answered on Dec 12, 2019

Cell phone violations are moving violations in illinois. As far as appearing in court, every ticket is different, read the options carefully. Usually, paying the ticket will result in a conviction on your record. Appearing in court or having an attorney handle this on your behalf is typically the... Read more »

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1 Answer | Asked in Estate Planning for Illinois on
Q: 1995 vehicle stuck in a trust

I have a car that is titled in Colorado to a trust. My grandma signed the title over to me. I live in Illinois now and tried to get a new title but couldnt due to the trust paperwork being lost. Its a car from 1995 and has many many issues. I have a new car now and need to get rid of the old one.... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

The successor trustee of the trust needs to provide you with a certification of trust that you can give to the motor vehicle department. This would certify who the trustee was then and who the trustee is now. That is all that DMV should need; they don't need a copy of the entire trust. Try that... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Suspended TVDL, didn't surrender my license being 5 months late, and 1 month remaining. What could happen?

Hi, I am 20 years old and currently live in the United States, Illinois as a non-citizen. I got my Temporary Visitors Drivers License issued on 09/2018, but I got it suspended on 07/2019 with a Termination Date of 01/2020. I was sent a letter with an envelope, telling me to surrender my license,... Read more »

Juan Ooink
Juan Ooink answered on Dec 10, 2019

You need to have an attorney review your driving record to determine what will happen or what could be done to lift the suspension of your license. The sooner you do this the better.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: In court can they check the status of your insurance even if you present them with proof of Insurnace documents ?
Brandon K. Davis
Brandon K. Davis answered on Dec 7, 2019

If the prosecutor suspects the proof of insurance is fraudulent or invalid, they can call to verify that it is legitimate.

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1 Answer | Asked in Probate for Illinois on
Q: Can a judge in chancery div. Cook County send you down to file appearance and while gone rule in favor of plaintiff?
Bryan R. Bagdady
Bryan R. Bagdady answered on Dec 7, 2019

A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance,... Read more »

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: If my wife has a medical drawing that she wants to sell and protect her rights to the drawing what is the process?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I retire and not effect my workers com case while my case is being appealed
James G. Ahlberg
James G. Ahlberg answered on Dec 6, 2019

This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: My UTT Ticket # is not showing up in the system and it has been 4 months. What does this mean?
Juan Ooink
Juan Ooink answered on Dec 6, 2019

Sometimes the ticket numbers need to be entered in a certain way in order to show up. I suggest contacting the Circuit Court Clerk in the County your matter is in and ask them what is going on with this ticket.

1 Answer | Asked in Employment Law for Illinois on
Q: In an unemployment appeal hearing can I submit evidence that doesn't pertain to my termination to show character?

After I was fired my employer refused send to give me my last two checks for nearly two weeks. When he finally did pay me he changed the dates and pay periods on the pay stubs so it would look like there was no waiting week when I started. Primarily because he kept that weeks worth of pay. I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 5, 2019

No. The question before the hearing officer is not whether your employer is a bad person, but whether you are entitled to unemployment benefits. Contact the state Department of Labor to file a claim for your unpaid wages. This can be done on their website if you worked in Illinois.

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 Divorce for Illinois on
Q: I filed for divorce in illinois pro se. I just learned about a QDRO. will the judge automatically require the QDRO?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

A QDRO is for the benefit of the spouse who is receiving a portion of his or her spouse's qualified retirement benefits. It is the receiving spouse that must make sure the judge orders a QDRO.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need to hire my lawyer... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's possible you could do it on your own, but i strongly recommend returning to your lawyer (whose already familiar with your situation) and letting him or her handle it. There's a lot of truth in the old saying, "I'm a professional. Don't try this at home."

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1 Answer | Asked in Divorce for Illinois on
Q: Married 2003. Abandoned weeks later. She said she filed. No proof. Ready to remarry. Found her address to serve if s

She ran off w/ex. Tried finding proof of divorce. Can't find cuz she was on road. She won't give info.

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's a pretty safe bet that if she won't provide the information, it didn't happen. Contact a lawyer in your area and file for divorce yourself if that's what you want.

1 Answer | Asked in Criminal Law and Identity Theft for Illinois on
Q: How can I have a parolee removed from my home?

Parolee is a family member who has /is not complying with conditions of parole and has engaged in criminal activity.

Juan Ooink
Juan Ooink answered on Dec 3, 2019

You will have to proceed with an eviction. You may wan to consult an attorney that handles landlord/tenant matters.

1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there is an... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if a defendant is not arraigned after 18 days in custody
Juan Ooink
Juan Ooink answered on Dec 2, 2019

Someone needs to hire a criminal defense attorney for the Defendant right away. The sooner an attorney is hired, the better.

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