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Illinois Questions & Answers
2 Answers | Asked in DUI / DWI for Illinois on
Q: State of Illinois sends letter to get breathalyzer and work exempt do I do it or let lawyer handle it

For dui case state says I have 14 days to respond to get a blow machine and get a work permit I don’t have court for 2 more weeks or ignore the letters and let my lawyer take care of it just don’t want to hurt myself

Dan Nold
Dan Nold answered on Aug 2, 2021

You should be asking your lawyer this question. I usually advise people to send in the application and then review the evidence before paying for the device. But every case is different. You should really hire a lawyer if you have a pending DUI charge.

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1 Answer | Asked in Car Accidents for Illinois on
Q: boyfriend took car without permission and did a hit and run on someone else’s car. Everything is in my name. What to do?

He doesn’t want me to tell on him but I feel like I’m going to be responsible for his mess. He hit a car and left the scene. While I was sleeping. The police towed it and I never heard anything. Now I’m out of a car. What should I do? I don’t want to get him in trouble and gets mad if I... Read more »

Charles Candiano
Charles Candiano answered on Aug 2, 2021

Please consider the following:

1.) I have never counseled a client to lie and I am not telling you to lie. That said, you need to understand that if you tell the police that your boyfriend took your car, without your permission, you are telling your insurance company that they are not...
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1 Answer | Asked in Divorce for Illinois on
Q: If a spouse signs a quitclaim deed during a divorce, would he/she lose the house as a leverage in negotiations?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 31, 2021

No. The house remains as much a marital asset (subject to equitable division between the parties) as it was prior to the signing of a quit claim deed.

1 Answer | Asked in Immigration Law for Illinois on
Q: Do Former Asylees Seeking Citizenship need attorney at interview for visiting home country twice (parents sick )

Hi. My spouse and me are former religious Asylees. Now need to file for N-400. We traveled twice to home country due to severe illnes of father and mother in law and they passed away. our stay were 30 and 40 days long.

We have reports of illness and some pictures of staying at safe place... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 29, 2021

Yes. I strongly suggest you have an experienced attorney prepare your Applications for Naturalization, prepare you for the interview, and attend the interview.

The possibility of never seeing family again or not being able to be there when they pass is a tough consideration when making the...
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1 Answer | Asked in Business Law and Contracts for Illinois on
Q: I am investing in two cannabis farms, one in New Jersey and one in Pennsylvania. We need a lawyer to look over contracts

And make sure we are asking the right questions

Steve McCann
Steve McCann answered on Jul 29, 2021

Certainly. Many of us have experience in reviewing such contracts, and would be happy to assist in ensuring your interests are protected moving forward.

That being the case, I recommend organizing everything in your possession that is relevant to this matter, including the contracts and all...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 28, 2021

I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.

Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to...
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1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Landlord - Tenant for Illinois on
Q: Wrong size natural gas pipe in kitchen ? Who is responsible ?

Recently we moved into a 2004 8 story condo in IL without an inspection. We noticed that we were getting a very low pressure and after a while an orange flame started to be visible. I contacted the management and board who said that nobody else in the building had similar issue and since it only... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

An Illinois attorney could advise best, but your post remains open for three weeks. You could try asking the City, but it seems unlikely they would become involved in a private dispute involving an HOA where an owner had opportunity for inspection. In terms of public authorities, you could check... Read more »

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... Read more »

2 Answers | Asked in Personal Injury for Illinois on
Q: Fall while patient in hospital for unrelated issues, due to faulty railing, taken to ER, then to another hospital

for injuries, then rehab., released and sent home March 1, 2021. no photos of faulty stair railing available, has been repaired, no acceptance of responsibility but visit while in rehab and phone calls from someone, asking that he sign a 'release'...has not to this day signed. Are their... Read more »

Charles Candiano
Charles Candiano answered on Jul 26, 2021

It is necessary to know the nature of the faulty stair railing as well as the nature of the injury sustained and whether there are any deficits from the injury. It would be a premises case so you need to establish that the hospital knew or should have known of the defective banister. It is... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: Is there a template or instructions on a correct way to write and file a counterclaim to a disolution of marriage petiti

I am in illinois. I cannot find a form to fill out and file for a counterclaim to a dissolution of marriage petition anywhere. Is there any instructions for someone pro se could get some help with this?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 24, 2021

Is is identical to a Petition for Dissolution of Marriage, except it is called a Counter-Petition for Dissolution of Marriage. The parties are referred to as Petitioner and Counter-Respondent and Respondent and Counter-Petitioner. This is both in the caption and throughout the document.

If...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Can my son, be released with a charge of residential burglary. He is in city jail now. Bond $50,000.

What are our options?

James G. Dimeas
James G. Dimeas answered on Jul 23, 2021

Unless there's an outstanding warrant out there, he should be released from jail upon posting of the Bond. If he violates any of the terms of his release, his Bond may be revoked and he goes back to jail.

1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison answered on Jul 22, 2021

What is your question?

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1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer in illinois refuse to compensate you for hours you spent in training?

She said because it was training that the state makes them do so that we can care for elderly that she doesnt have to pay us

Rhiannon Herbert
Rhiannon Herbert answered on Jul 20, 2021

Your employer does not need to pay you for time spent in training programs, but ONLY if they can meet all of the following criteria: (1) the training is outside normal work hours; (2) the training is voluntary (i.e. not required to perform or keep your job); (3) the training is not job-related; and... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Is my work place required to present a proper rest area/ break room for employees? (Illinois)

I work for FedEx as a housekeeper through a company called GDI. There are currently no designated areas for employees to have breaks on the premises. There are two conference rooms we are allowed to take breaks if they are not in use in but there is no guarantee we will be able to take a break away... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 20, 2021

There is no legal requirement that an employer give you a designated break room or rest area.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
John S. Fotopoulos answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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1 Answer | Asked in Family Law for Illinois on
Q: What to do if attorney is ignoring case?

I recently hired an attorney for help with a missed court appearance for my name change case. I sent the attorney his check in March and he accepted and signed for it too. Since then, I have barely heard from him, and he has never talked to me without me calling. He needs to file a motion, which he... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 11, 2021

You simply send him an email or a letter stating that you are terminating his services effectively immediately, and that you demand a 100% refund. You might state the reason for the termination, but it is not necessary. You have the absolute right to fire him no matter what the reason. You can also... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: started working for an employer May 3rd and quit May 18 I never received a single penny and keep getting the runaround

What can I do about this it’s now over a month and well over $1200 the company owner keeps saying he’ll pay me but never does and takes a while to reply

Rhiannon Herbert
Rhiannon Herbert answered on Jul 7, 2021

If your employer continues to refuse to pay you, then your best bet is to file an action in small claims court in the city you performed the work in to recover the pay you're owed.

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