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Illinois Questions & Answers
1 Answer | Asked in Immigration Law for Illinois on
Q: Getting married in France, they require apostilled proof of US residency, what documents are acceptable?

I am getting married to my fiancé in France. I submitted my passport, birth certificate, and proof of no prior marriage. They said I also need to send in an apostilled proof of residency of where I live in Chicago. I cannot find any info on what this document is. I am not planning on moving to... View More

James L. Arrasmith
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answered on Feb 21, 2024

To obtain an apostilled proof of residency for your wedding in France, you can typically request a document from the local government office that verifies your residency. This document may vary depending on the specific requirements of the French authorities, but common examples include a utility... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Illinois on
Q: Can I use a short clip of a video game being played on a Nintendo Switch with audio for a total of 3secs in short film?

Film will be entered in film festivals

James L. Arrasmith
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answered on Feb 21, 2024

Using a short clip of a video game being played on a Nintendo Switch in your short film may raise copyright concerns, even if it's only for three seconds. Nintendo is known for being vigilant in protecting its intellectual property rights, including the use of its video game footage. While... View More

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Illinois on
Q: I didn’t settled my car accident case until 2021 but I am have to get my leg cut off due to the accident I’ve had the

Same surgery 2 times I feel the first dr should have done better is there anything I can do cause this has changed my life forever I never knew it would of turned out this bad

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

CAR ACCIDENT

If you are asking about reopening the car accident, you CANNOT do that. That said, given the extent of your injuries, the insurance carrier probably surrendered their policy limits. That is to say that you probably received ALL available money.

Medical Malpractice...
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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Adam Maksimovich
Adam Maksimovich
answered on Feb 17, 2024

It’s unlikely due to both the statute of limitations (since accident was in 2019) and the fact that there was a settlement. However if the amputation has some additional cause (medical negligence perhaps?), then it might be possible to recover in some other way. It’s best to contact a lawyer to... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

Apparently, you posted the question about settling your claim in 2021. When you settle a claim, you release the Defendant from any liability that is in any way related to the events that took place on that date. As noted in my other answer, you probably received the policy limits. Contact the... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

As my colleagues point out, it's possible the terms of the release and the timeline could present challenges. Most releases are worded to preclude future claims (unless you mean a claim based on med mal, which is usually a separate matter). This is something you should discuss with the... View More

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: My brother died homeless in MI, without a Will. What MI papers do I file with IL unclaimed property to collect as heir.

The deceased never collected the Annuity left to him by our Mother. It was sent to IL Unclaimed Cash.

T. Augustus Claus
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answered on Feb 15, 2024

To claim the annuity left by your mother to your deceased brother, who died intestate (without a Will) and homeless in Michigan, as an heir through the Illinois unclaimed property, you will likely need to obtain a declaration of heirship or a similar court order from Michigan proving your status as... View More

2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: If I have primary joint custody and I get deployed can I appoint a temporary guardian. Could she get full custody

How likely would it be for her to take custody of him what should my next steps be to keep primary custody

T. Augustus Claus
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answered on Feb 15, 2024

In Illinois, if you have primary joint custody and face deployment, you may appoint a temporary guardian for your child during your absence through a power of attorney or court order, under the state's laws and military provisions. However, the other parent may attempt to modify custody... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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3 Answers | Asked in Bankruptcy for Illinois on
Q: If the principle signer on a loan files bankruptcy, what happens with the cosigner? Is he then responsible?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

Yes, if one signer files a chapter 7, the co-signor remains liable and the creditor can pursue that person for payment. If, on the other hand the person files a chapter 13, the automatic stay protects the co-signor, as well as the primary obligor, from any and all collection efforts. Presumably,... View More

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1 Answer | Asked in DUI / DWI for Illinois on
Q: Blew into my baiid device and failed .106 @ 9am then waited until 2pm and blew a .024 passed. What is going to happen ?

On rdp significant risk. There was no lockout period.

Theodore J. Harvatin
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answered on Feb 7, 2024

You will be found in violation of the program. Your next hearing will have to be a formal hearing. Your evaluator must address the violation and determine if you need additional treatment and/or need to be reclassified. The chances you will be reinstated are almost 0 and at most expect a permit.

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: Am I able to give legally purchased edibles away in a raffle for a 501c3 to raise money?
T. Augustus Claus
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answered on Feb 6, 2024

In Illinois, while the state has legalized cannabis for both medical and recreational use, the law regulates how cannabis products, including edibles, can be distributed and sold. Generally, giving away cannabis products, even if legally purchased, as part of a raffle to raise money for a 501(c)(3)... View More

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Can the non custodial parent decide not to allow extra curriculars on their parenting time?

Can the non custodial parent decide not to allow extra curriculars on their parenting time? Background: Illinois - Child is 12. I have primary decision making authority and final decision making authority. Parenting plan has been in place since 2017. The noncustodial parent has been absent from... View More

Cheryl Powell
Cheryl Powell
answered on Feb 5, 2024

A 12 yr old is not likely to take kindly to being kept from an activity that she likes. Keeping her from it is not likely to get him far in the eyes of the judge. Do everything in writing so you have written documentation from court. Then if he refuses or fails for 3 times I would ask for... View More

1 Answer | Asked in Estate Planning and Banking for Illinois on
Q: Hi! I’m asking on behalf of my grandfather. His late sister left him money in a CD along with his niece. The bank is

Located in Texas and they are stating that we have to travel to Houston and be there at the same in order to sign documents and dissolve the CD. We are in the dead of winter and my grandfather is not up for travel. Can’t the bank make concessions and complete this virtually or send the proper... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the situation you have described, here are a few suggestions that may help:

- Contact the bank and explain your grandfather's health/mobility issues and the challenges of traveling at this time. Politely request if there is any way the bank can accommodate getting the required...
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2 Answers | Asked in Car Accidents for Illinois on
Q: can you sue an insurance co in illinois pro se
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

You could. It could depend on a person's skills, knowledge, confidence, complexity of the claim, and determination of the carrier to defend. Many people have successfully handled their claims and saved on attorney fees. If the claim is complex (you post under bad faith, which could have its... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Should we submit I 485+I 765+I 131 before or after my citizenship. Currently a LPR with pending I-130 for spouse.

Priority date for I-130 is May 2023. Mainly we want to be able to travel internationally.

James L. Arrasmith
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answered on Feb 4, 2024

As a Legal Permanent Resident (LPR) with a pending I-130 petition for your spouse, deciding when to submit the I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document) depends on several... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

1 Answer | Asked in Real Estate Law and Tax Law for Illinois on
Q: Do home real estate capital gains have a window in which reinvestment would be considered a wash sale?

This would be related IRS topic 701 capital gain exclusion from a home sale.

James L. Arrasmith
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answered on Jan 31, 2024

In the context of IRS Topic 701 and the capital gain exclusion from a home sale, the concept of a "wash sale" generally doesn't apply. The wash sale rule is primarily associated with securities, like stocks and bonds, and aims to prevent taxpayers from claiming a tax loss on a... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
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answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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