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Illinois Questions & Answers
1 Answer | Asked in Child Support, Civil Rights and Education Law for Illinois on
Q: my school is searching people for alcohol and is performing random searches on people can I reject search and if so how
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

As a student do not expect privacy in: Lockers, Desks, Parking lots, other school property or equipment owned or controlled by the school, or the school's personal property in any of the areas above.

School authorities can search those areas without prior consent of students. They do...
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1 Answer | Asked in Domestic Violence for Illinois on
Q: Should I show up to the first hearing of a battery case if I don’t want to press charges?

I was a victim, I am a male, but I don’t want to press charges. I know the state can still prosecute her, but should I attend the first hearing or not attend.

I’m afraid they will see me showing up as a sign I want to pursue, when in actuality I love my girlfriend very much and this was... Read more »

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

People miss court appearances frequently. If you are the offender and miss a court appearance, the Judge will most like issue a warrant for your arrest.

If you are the victim, and miss a court appearance, there is a good chance the judge will just dismiss the case.

1 Answer | Asked in Domestic Violence for Illinois on
Q: What does ‘no unlawful contact’ mean?
T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

Consider no unlawful contact as a limited protection order. It usually involves crime where someone was arrested for domestic violence. It can also mean any attempt to communicate with the alleged victim of the crime, especailly a child. Generally, unlawful contact remains in effect until... Read more »

1 Answer | Asked in Libel & Slander for Illinois on
Q: I sold a car to a minor and he wants a refund. I didnt know he was a minor at the time. His dad contacted me.

I didnt know he was a minor or that it was illegal at the time. His dad didnt know about it either I don't think.

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

A contract with a minor is unenforceable. Just because you did not know he was a minor, doesn't let you off the hook. It sounds like you need to him the refund.

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for Illinois on
Q: I've been asked to sign a release form, was not explicitly said what I needed to sign or that it had to be notarized.

Know All Men By These Presents, That I/we the undersigned, for the sole and only consideration of One Thousand Seven Hundred and Nine 50/100 (1,709.50) paid to me/us in hand by ABC Corp, the receipt whereof is hereby acknowledged, hereby release and discharge, and by these presents do hereby... Read more »

T. J. Jesky
T. J. Jesky
answered on Nov 26, 2022

It seem like ABC corporation wants to pay you $1,709.50 for a release and discharge for some damaged they caused you. This release is a legally binding agreement used to protect ABC Corporation from having you bring further legal action against them for a number of reasons. They want to close... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... Read more »

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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1 Answer | Asked in Traffic Tickets for Illinois on
Q: I am from illinois but got a 10 over speeding ticket in Michigan. How can I get it off my insurance record

I am willing to do court supervision or a class. I just don’t want my home state finding out

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Nov 22, 2022

You would have to pose that question to a Michigan lawyer. They may have something similar to supervision, or perhaps reduced to a non moving violation.

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a tourist visa, if I come to work with my name and information but with false insurance, can the government find

I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 20, 2022

What you are planning is called visa fraud. I will explain:

1. When you applied for a visitor's B-2 visa its content specifically mentioned to state purposes of the trip truthfully. When you submitted the information at the end of that federal visa application there was a proviso for...
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1 Answer | Asked in Health Care Law and Collections for Illinois on
Q: Can a medical facility give me a 48 hour notice five months after a service that they are going to withdrawal over $200?
Tim Akpinar
Tim Akpinar
answered on Nov 19, 2022

An Illinois attorney could advise best, but your question remains open for five weeks. It could depend on their previous notices and payment terms. Some questions here go unanswered - You could repost under "Collections Law." A local attorney who handles medical billing recovery should be... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is the statue limitations on parental kidnapping?

My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... Read more »

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.

Your situation can be resolved by filing a Petition for Allocation of Parental...
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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: In Illinois does child support pay cover childrens cell phones and cell phone bills or is that an extra expense?

I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... Read more »

1 Answer | Asked in Wrongful Death for Illinois on
Q: My son sadly took his own life at the age of 17. He was seeing a therapist for some time. My exwife left multiple

Loaded guns unlocked in her bedroom. I believe she was completely negligent in doing this. States attorney is attempting to file reckless endangerment charges and one other charge. We had a verbal agreement since my son was 11 to have both guns and ammo locked up separately and our son not to... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 16, 2022

My deepest sympathies on your loss. There may be a potential civil suit you could bring against your ex wife depending on where the act occurred and who were the household residents where the event happened. Discuss with counsel in a free private phone call. Again my deepest condolences.

1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if you get get charged with trespassing on a bench trail in Illinois

He was served a ticket and court date. On his first court date he pled innocent so the judge is doing a bench trial in January now!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 16, 2022

Without gathering more case information is is impossible for anyone to suggest the next court event. The facts are the case is a state Misdemeanor Class A, and it is still pending with the next court date in January of 2023.

I recommend for the defendant discussing the case with a...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Will the other party be notified of court date of my son pleading not guilty to accident ticket?

My son was just in accident, was turning left on a yellow and other female student driving in opposite direction sped up and they crashed, therefore he got ticket. My insc agent said for him to plead not guilty and as long the accident claim in processed before the continued court date she should... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. If you haven't already done so, you should consider reaching out to a traffic ticket defense attorney in the Chicago area. I don't think the accident loss claim is going to be processed before the... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Can I have a driving revoked ticket dismissed due to errors?

My 2003 GOLD Chevrolet trailblazer was towed, I spent the night in jail. Officer A wrote me tickets for driving revoked, no insurance and expired registration plates from a vehicle I just bought. I was released on recog as they said they didnt have any paperwork on me. On my tickets he states its a... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Nov 11, 2022

No, those are not defenses to these charges. In addition, the tickets can be amended before trial to cure any defects.

1 Answer | Asked in Immigration Law for Illinois on
Q: · Is it legal for me to work with a B1/B2 visa?

· Is it legal for me to work with a B1/B2 visa?

· I hold a Jordanian passport with B1/B2 visa; am I eligible to file Adjustment of Status?

· If yes, how much will it cost me to craft and structure the file for the legal status change formalities from B1/B2 visa... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Nov 10, 2022

In general, no. You can only temporarily solicit orders for a foreign company at trade shows, among other actions that do not result in remuneration in the U.S. for work done after entry.

I strongly recommend an appointment with a competent and experienced immigration attorney before there...
Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Debt Insolvency WorkSheet Question

My wife and I received a CP2000 for a cancelled debt of a car loan (the car WAS NOT repossessed and she got that loan before we got married).

The facts:

The debt was my wife's debt from before we got married.

The car is still owned by the bank who gave my wife the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Total her assets alone on that form.

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: how do i get a court ordered hold on my bank account removed, so i can pay debt out of my ira account with the same bank
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Make a motion to release or terminate the hold in the court that originally ordered the hold.

1 Answer | Asked in Employment Law for Illinois on
Q: Employer isn't tracking vacation time correctly in their payroll software

My former employer under recorded the amount of agreed upon vacation time in their Quickbooks payroll software, and as a result, I was not paid out all of my vacation time upon termination from the company. My paystubs each pay period show available vacation time, and are proof of the fact. My... Read more »

Nicholas James Crawford
Nicholas James Crawford
answered on Nov 1, 2022

Whether you have recourse depends on what law may apply to your case. Under Illinois law, employers must pay out all earned vacation on the paycheck after termination. While the company is in Illinois, and Illinois law would give you recourse to collect unpaid earned vacation, you reside in... Read more »

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