Illinois Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Illinois Questions & Answers
Q: 17 year old daughter on court supervision receives a second ticket.
Theodore J. Harvatin's answer
no court appearance is required in order to plead guilty is what that means. I don't know what motion they would be talking about. You show up and request supervision again.
no court appearance is required in order to plead guilty is what that means. I don't know what motion they would be talking about. You show up and request supervision again.
Q: I am contemplating a divorce in IL and was wondering about a few questions. I've been married for 2 yrs and need to
J. Richard Kulerski Esq.'s answer
Your question is difficult to answer responsibly without the benefit of a personal consultation where all of your facts can be determined. However, and generally, you have a valid claim for 50% of the house, for 50% of all accounts that were funded with marital earnings (no matter in whose name title is held), and a claim for four or so months of alimony (maintenance). The business, as such, will be awarded to him, but you may have some claim for reimbursement of any marital funds he sunk into...
Your question is difficult to answer responsibly without the benefit of a personal consultation where all of your facts can be determined. However, and generally, you have a valid claim for 50% of the house, for 50% of all accounts that were funded with marital earnings (no matter in whose name title is held), and a claim for four or so months of alimony (maintenance). The business, as such, will be awarded to him, but you may have some claim for reimbursement of any marital funds he sunk into...
Q: I got a citation for obstruction traffic and have to appear for administrative hearing should I hire a lawyer?
Brandon K. Davis' answer
It sounds like a city ordinance violation, which typically would not appear on your driving record. You should verify this first with the particular courthouse where the ticket is assigned.
It sounds like a city ordinance violation, which typically would not appear on your driving record. You should verify this first with the particular courthouse where the ticket is assigned.
Q: Is it possible to sue child support services? After I filed 2 years ago, they "lost my file" for the SECOND TIME!!
Randi Sirlin's answer
I do not practice law in your state, so I can't give you legal advice regarding whether you can sue.
However, in general, anyone can sue any person or any entity
I do not practice law in your state, so I can't give you legal advice regarding whether you can sue.
However, in general, anyone can sue any person or any entity
Q: I was hit by a person using a scooter offered for customers at a store - is the store at fault?
Steve McCann's answer
It is possible that the store could be at fault, but it depends on very specific facts that are not provided here. As such, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a consultation.
It is possible that the store could be at fault, but it depends on very specific facts that are not provided here. As such, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a consultation.
Q: What can I expect as my first time getting a ticket at the age of 19 for both aggressive and reckless driving?
Brandon K. Davis' answer
Aggravated speeding 35+ mph over the limit and reckless driving are both Class A misdemeanors under Illinois law. Technically, the maximum penalty is up to one year in jail and a $2,500 fine plus costs. However, there are a wide range of possibilities. Additional factors include the county, courthouse, Judge and prosecutor. However, your perfect driving record should certainly be taken into account. At a minimum, I would expect traffic school, community service and fines. The goal is to avoid a...
Aggravated speeding 35+ mph over the limit and reckless driving are both Class A misdemeanors under Illinois law. Technically, the maximum penalty is up to one year in jail and a $2,500 fine plus costs. However, there are a wide range of possibilities. Additional factors include the county, courthouse, Judge and prosecutor. However, your perfect driving record should certainly be taken into account. At a minimum, I would expect traffic school, community service and fines. The goal is to avoid a...
Q: I got a speeding ticket 3 months ago and am under court supervision, but i got a cell phone ticket
Juan Ooink's answer
Your first Cell Phone ticket is considered a non-moving violation, which should not cause you any issues with your current Court Supervision.
Your first Cell Phone ticket is considered a non-moving violation, which should not cause you any issues with your current Court Supervision.
Q: Is there a way to avoid a violation going on record if I am under 18?
Juan Ooink's answer
Violation for what? I am not able to answer your question because I do not know what type of violation you are talking about.
Violation for what? I am not able to answer your question because I do not know what type of violation you are talking about.
Q: 2 weeks ago I found mortgage documents, deed, then a quit claim deed transferring property by my husband after I filed
J. Richard Kulerski Esq.'s answer
Only your attorney knows all of the facts, and only he or she is in a position to give you a responsible answer. However, and just off-hand, I might say that this may not be a dissipation situation. It sounds as though it may be more like the relative is holding your spouse's interest in a constructive trust for your husband. In this event, your husband's full interest could likely be marital property. If so, it is possible that there is no dissipation because the value of the investment has...
Only your attorney knows all of the facts, and only he or she is in a position to give you a responsible answer. However, and just off-hand, I might say that this may not be a dissipation situation. It sounds as though it may be more like the relative is holding your spouse's interest in a constructive trust for your husband. In this event, your husband's full interest could likely be marital property. If so, it is possible that there is no dissipation because the value of the investment has...
Q: I work at a pizza restaurant as a delivery driver. I have been accused of altering credit card tips on the receipt.
James G. Dimeas' answer
The bottom line is that if the police and prosecutors believe that they have enough evidence to convince a judge or a jury that you are guilty of a crime then they might charge you with a crime and arrest you. Since you don't know what the police are doing and what evidence they may have, if the police want to talk to you, you should immediately demand that they get you a lawyer. Do not talk to the police or sign any statements without having a lawyer present. Once you demand a lawyer, all...
The bottom line is that if the police and prosecutors believe that they have enough evidence to convince a judge or a jury that you are guilty of a crime then they might charge you with a crime and arrest you. Since you don't know what the police are doing and what evidence they may have, if the police want to talk to you, you should immediately demand that they get you a lawyer. Do not talk to the police or sign any statements without having a lawyer present. Once you demand a lawyer, all...
Q: I had a one nightstand about a year ago and she later moved to another state and found out she was pregnant
James G. Ahlberg's answer
That depends on what you mean by wanting to be a part of "her life." If you mean you want to be a part of the mother's life, you've got to woo and win her. If you mean you want to be part of the child's life, hire a lawyer to file a paternity case in the state where the mother and child live. This will establish your rights as a father, if you are the father, but subject you to a father's obligations, such as child support, as well. Even if you file the paternity case, do NOT assume the child...
That depends on what you mean by wanting to be a part of "her life." If you mean you want to be a part of the mother's life, you've got to woo and win her. If you mean you want to be part of the child's life, hire a lawyer to file a paternity case in the state where the mother and child live. This will establish your rights as a father, if you are the father, but subject you to a father's obligations, such as child support, as well. Even if you file the paternity case, do NOT assume the child...
Q: How do i compute my days in regards to 160 day speedy trial law in illinois criminal cases
James G. Dimeas' answer
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and codified under Illinois law in 725 ILCS 5/103-5. The clock on a speedy trial demand starts when you make a written demand. If you are not in custody, once you make a speedy trial demand in writing, you must be brought to trial within 160 days. If you are in custody, you must be brought to trial within 120 days. You cannot agree to any delays during the period of time following your demand for...
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and codified under Illinois law in 725 ILCS 5/103-5. The clock on a speedy trial demand starts when you make a written demand. If you are not in custody, once you make a speedy trial demand in writing, you must be brought to trial within 160 days. If you are in custody, you must be brought to trial within 120 days. You cannot agree to any delays during the period of time following your demand for...
Q: We are adopting my niece do we have to have a lawyer or can we go in front of a judge without a lawyer
James G. Ahlberg's answer
For the sake of your niece, use a lawyer. Neither you nor she wants to be confronted with a claim the adoption wasn't done properly 3, 5 or 10 years from now, so she must be surrendered by you to be raised by someone else. Every detail must be done right. I repeat, every detail. Hire a lawyer with experience doing adoptions.
For the sake of your niece, use a lawyer. Neither you nor she wants to be confronted with a claim the adoption wasn't done properly 3, 5 or 10 years from now, so she must be surrendered by you to be raised by someone else. Every detail must be done right. I repeat, every detail. Hire a lawyer with experience doing adoptions.
Q: What should I do with a restaurant I ordered food at that contained a small piece of plastic in it?
Steve McCann's answer
Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less likely your chance of recovery. Next, I would consult with a personal injury attorney individually. Many of us offer free consultations and will represent you on a contingent basis if your claim has...
Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less likely your chance of recovery. Next, I would consult with a personal injury attorney individually. Many of us offer free consultations and will represent you on a contingent basis if your claim has...
Q: If summons to court if I no longer wish to press charges do I have to testify against husband?
James G. Dimeas' answer
If you received a subpoena, then you must appear or else you could be held in contempt of court and arrested. When you go to court you should talk to the prosecutor and make your wishes known. The ultimate decision on whether to proceed with the Domestic Battery will be made by the prosecutor since they filed the charges. If he is also being charged with another crime, your opinion may not matter to the state. Talk to the prosecutor when you go to court.
If you received a subpoena, then you must appear or else you could be held in contempt of court and arrested. When you go to court you should talk to the prosecutor and make your wishes known. The ultimate decision on whether to proceed with the Domestic Battery will be made by the prosecutor since they filed the charges. If he is also being charged with another crime, your opinion may not matter to the state. Talk to the prosecutor when you go to court.
Q: Im under court supervison as i just took a four hour class, i just recieved a ticket for disobeying traffic sign,options
Juan Ooink's answer
Go to court on the new ticket and ask for Court Supervision. Hopefully you will get it and this should not cause you any issues with your current Supervision.
Go to court on the new ticket and ask for Court Supervision. Hopefully you will get it and this should not cause you any issues with your current Supervision.
Q: Hi I want to close my child support case supposedly it was frozen years ago but it’s not
Ray Choudhry's answer
You need to explain what exactly happened to figure out what needs to be done.
You need to explain what exactly happened to figure out what needs to be done.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
