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Illinois Questions & Answers

1 Answer | Asked in Traffic Tickets for Illinois on

Q: What should I do? How bad of a punishment can I get? How likely is this punishment?

I am 19. I just received my first speeding ticket and now I have a mandatory court appearance for going 85 in a 55; I was speeding to make it on time to my class.

Brandon K. Davis answered on Aug 24, 2019

Speeding 26-34 mph over the posted limit is a Class B misdemeanor - a criminal offense. Technically, it can be punished by a maximum of 6 months in jail and a $1,500.00 fine. However, as your first ticket the maximum penalties are very unlikely. The goal would be to reduce to the offense and avoid... Read more »

1 Answer | Asked in Family Law for Illinois on

Q: Im in Alabama. I’m not married but was living with the baby’s dad. Do I need to file for full custody ?

I no longer live with him. If I file for full custody and he doesn’t show up for court. Will I be granted custody ?

James G. Ahlberg answered on Aug 23, 2019

If you and the child are in Alabama, you should be asking a lawyer licensed to practice law there, not an Illinois lawyer.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on

Q: In the state of Illinois, if your employer pays employees based on position, can they hire someone for a position

And pay them more than the guy already doing the job without raising the other guys pay?

James G. Ahlberg answered on Aug 22, 2019

As a general rule, yes, they can unless there's a contract (such as a union contract) providing otherwise.

3 Answers | Asked in Traffic Tickets for Illinois on

Q: If I got pulled over on a suspended license, but fixed it before court do I plead guilty still or not guilty?

The pull over was in Peoria, I knew they had been suspended before but they were still suspended due to financial reasons out of my control and since I’m in college and was not working at the time so I had to depend on my parents to pay things for me.

Brandon K. Davis answered on Aug 22, 2019

If your license was suspended at the time of the traffic stop, you are technically guilty. However, the prosecutor (and judge) may be more lenient based on the fact that your license has been reinstated. In some counties, they may even be willing to dismiss the case. You or your attorney should be... Read more »

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3 Answers | Asked in DUI / DWI for Illinois on

Q: In Illinois, do all summary of suspension get sent to the secretary of state automatically or is it up to the

Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.

Theodore J. Harvatin answered on Aug 22, 2019

It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.

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1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on

Q: I'm on conditional recharge months year later arrested for driving on revoked licence

Juan Ooink answered on Aug 21, 2019

Since you are currently serving a sentence, Conditional Discharge, and part of that sentence if for you to not violate any laws, driving on revoked license will be considered a violation of your Conditional Discharge. Since you violated your sentence be picking on a driving on revoked, the... Read more »

1 Answer | Asked in Business Formation for Illinois on

Q: Do I need to be a LLC or similar? As an independent contractor Process Server I want to protect myself, home, car etc.?

I use my own car and am paid 1099 in my own name. In case of an issue during the serve or an auto accident while working I want to protect my family, house, cars etc from litigation/responsibility.

Michael R. Smith answered on Aug 21, 2019

As an Indiana attorney, I'm not familiar with Illinois rules governing process servers, so I can't tell you if there are any specific provisions of those rules that might affect the answer to your question. But I can answer your question as a general matter.

As long as the LLC is properly...
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1 Answer | Asked in Child Custody and Child Support for Illinois on

Q: What can I do? I have 8 year old daughter. We live in Illinois.

My daughter was born in 2010. I was there for the birth but left the hospital to go buy some stuff for the baby.When I came back the ex girlfriend had filled out all the paperwork for the birth certificate.Years later I came to find out she didnt add me on the birth certificate and misspelled my... Read more »

James G. Ahlberg answered on Aug 20, 2019

Get a child support/custody order.

1 Answer | Asked in Probate for Illinois on

Q: I'm looking to be sure I fully understand the below agreement between my brother and I in regards to an estate:

I withdrew last names:

Brandon agrees to pay Brooke 20% of actual cash value (ACV) of the

above listed property after all debt (current and unknown) and fees paid relevant to

Marilyn and Mark’s estate and property.

Fees include but are not limited to active... Read more »

Nina Whitehurst answered on Aug 20, 2019

What is your question?

1 Answer | Asked in Traffic Tickets for Illinois on

Q: If an officer writes the wrong statute for or subsection on a ticket can that be unlawfully as far as stops are conside

A cop stop me because he said my temporary permit is coming loose of its tape in the rear window what he wrote me up under subsection B of that statute which covers restricted plates which are two different things clearly two different things

Juan Ooink answered on Aug 19, 2019

You need to hire an attorney to assist you with this matter. The sooner you hire an attorney, the better.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on

Q: What is the time frame for this whole process? I haven't gotten a date for a hearing. It's been well over 30 days.

I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »

Robert B. Buchanan answered on Aug 19, 2019

Did you present your motion to the court?

The court should have entered an order setting the tentative schedule.

The court doesn't give you a first court date without you asking for it.

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: I want to move from Illinois to Missouri with my children but my ex husband will not allow it

So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved without... Read more »

Robert B. Buchanan answered on Aug 18, 2019

You will not get a response from the court without having a trial.

You have to present your motion to the court by scheduling it per the clerk's instructions.

The court will then set a briefing schedule and set the matter for hearing.

The rules of evidence are complicated...
Read more »

1 Answer | Asked in Family Law and Child Custody for Illinois on

Q: Does it reflect poorly that I didn't involved my ex in paying school fees when I'm the one responsible for payment?

I'm responsible for enrolling our children in school and paying the fees. My ex is sending me repeated messages that I did not involve them in the process(?). The children picked out their classes prior to the end of the school year and I sent that info to my ex months ago. One child was... Read more »

Marilyn Johnson answered on Aug 18, 2019

As long as you complied with the court order, there should be no issues with your actions that you described.

1 Answer | Asked in Child Custody and Family Law for Illinois on

Q: Can my sister and I be charged with child Abduction?

My child’s mother and I got into an argument after having a few drinks. The situation escalated quickly and I didn’t want my son exposed to it unnecessarily. At first my son’s mother agreed to let me take our son with me to my parent’s home. I called my sister for a ride. When I began to... Read more »

Marilyn Johnson answered on Aug 18, 2019

You need to file a Petition to Establish Paternity. Obviously you both should not be drinking in the presence of the child as it caused you both to not have very good judgment. In court you will be able to establish custody and set a parenting schedule.

1 Answer | Asked in Family Law for Illinois on

Q: I have sole responsibility of my children, I recently filed a motion to modify visitation due to my son starting school.

When we went to court the mother disputed asking why she can't pick him up from school, this was to modify her Wednesday visitation she has visitation from Wednesday 10am until Thursday 8am. We have another Court date Monday for a hearing. Is there a motion I can file for her to produce her work... Read more »

Marilyn Johnson answered on Aug 18, 2019

You need to file a Notice to Produce and ask her to produce her work schedule. As far as the pick schedule from school, you are very unclear as to what is actually happening so it is difficult to respond to your question.

1 Answer | Asked in Divorce for Illinois on

Q: In il ,self employed .new cliant and recieved first check from them way earlier then expected.

Should i wait to deposit till after i file which i am going to aproach her and tell her its time and get it done quickly . which we are on very good terms and she knows its comming still but dont wsnt to giver her any amo. or does it matter.i have a prenup from 25yrs ago before we got married which... Read more »

J. Richard Kulerski Esq. answered on Aug 16, 2019

Whatever you are trying to avoid will not be avoided by waiting to deposit the funds until after you file. If the funds to be deposited are marital or not, the mere filing is meaningless and makes no difference.

1 Answer | Asked in Divorce for Illinois on

Q: We are trying to settle out of court but differ greatly on the division of marital and non marital assets.

Spouse 1 - pension of $5900/month

Spouse 2 - pension $5200/month

Marital Property/Assets = $1,000,000

Spouse 1 - $360,000 in non marital funds thru inheritance

Spouse 2 - will receive $100,000 in inheritance from parents life insurance policy within the next 10-15... Read more »

J. Richard Kulerski Esq. answered on Aug 16, 2019

I do not know what your question is, but one thing is for sure: Spouse Two's $100,000 "inheritance" does not matter in any way until it is received.

1 Answer | Asked in Criminal Law for Illinois on

Q: Yes I got a less than 10gram ticket in Missouri for pot, called to see how much the ticket was and they said I had an

Another ticket of drug paraphernalia which I didn’t not receive from the office or either was mailed is that possible

Juan Ooink answered on Aug 16, 2019

You need to discuss your pending matter with an attorney licensed in Missouri. The sooner you do this the better.

2 Answers | Asked in Tax Law for Illinois on

Q: Vacant lot next door shares my postal address and that lot is being sold for back taxes.

The vacant lot is delinquent on its property taxes for many years and is being sold by Lake County, Illinois. Because the postal address is the same as my house in which my daughter and grand children reside, the sheriff arrived at 4:30 AM at my house to serve papers and dozens of certified... Read more »

D. Mathew Blackburn answered on Aug 16, 2019

Hire an attorney. It's probably an issue with the deed or the filings.

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2 Answers | Asked in Traffic Tickets for Illinois on

Q: I forgot about a court date august 7th30 day to turn self in or warrant will be issued

Brandon K. Davis answered on Aug 16, 2019

You can go to the Clerk’s Office and you or your attorney should file a motion to have the case brought in before the judge as soon as possible.

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