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2 Answers | Asked in Traffic Tickets for Illinois on
Q: License suspension

My 20 year old son received a speeding ticket in August 2018 (paid the fine) and in March (2020) was in an accident and issued a ticket for following too closely. There was no court date and he kept calling to get a date but the clerk told him to call back because the ticket was not in the system.... Read more »

Brandon K. Davis
Brandon K. Davis answered on Jul 14, 2020

It is certainly possible to remedy this situation. A motion would need to be filed to re-open one (or both) cases in order to bring the ticket(s) in front of a Judge and request that the conviction be removed in place of court supervision. Once the motion is granted, certified paperwork from the... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: There is a detective who wants to question me about something, is it ok if I don’t talk to him, and not answer the door?

No

Juan Ooink
Juan Ooink answered on Jul 14, 2020

DO NOT talk to the detective without an attorney by your side. You need to hire an attorney to assist you with this matter right away.

2 Answers | Asked in Immigration Law and Traffic Tickets for Illinois on
Q: Do amendments to work permits for asylum renewal include misdemeanor crimes, felonies, and traffic offenses,

The question is in the recent amendments to the law to renew the work permit for asylum. Does it include speed violations such as aggravated speed Is it prohibited to renew this work permit before the start of Resolution 25 August 2020?

Juan Ooink
Juan Ooink answered on Jul 14, 2020

This is something you need to discuss with an Immigration Attorney. The sooner you do this, the better.

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3 Answers | Asked in Traffic Tickets for Illinois on
Q: I recieved a ticket last night going 85 in a 55 with 3 friends in the car and I’m only 16 what would most likely happen
Brandon K. Davis
Brandon K. Davis answered on Jul 14, 2020

Speeding 26-34 mph over the limit is a Class B misdemeanor. Technically, it is punishable by a maximum of 6 months in jail and a $1,500.00 fine. However, assuming that this is your first offense and you were polite and cooperative with the officer, it may be possible to keep this off of your public... Read more »

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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away in 2017 I am his biological child, I was never notified. His estate was intestate went to probate

Closed May 2018. What can I do to claim as his legal heir

Bryan R. Bagdady
Bryan R. Bagdady answered on Jul 14, 2020

You need to look at the probate file and determine what happened. You will need to see who was identified as an heir. There should be an order declaring heirship. If you were not identified as an heir, then there is a likely issue. I have no idea if your address was unknown to the person appointed... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I am 17 can I choose which parent I want to live with if they are still married?
Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

No, you cannot decide where you want to live, whether they are married or not.

4 Answers | Asked in Traffic Tickets for Illinois on
Q: 16, got a speeding ticket for 30 above. First offense, chances of suspension in IL?

I'm 16 and It was 2am, and I was going 60 in a 30, there was no one else on the road. got a ticket for past curfew and paid it, my court date is tomorrow. What are my chances of getting my license suspended vs getting supervision?

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 13, 2020

If this is your only ticket in the last 12 months and you are over 21, your chances of getting suspended even if you are convicted are zero. However, it is a class B misdemeanor, which is a criminal offense.

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1 Answer | Asked in Child Support for Illinois on
Q: My ex lawyer says if i modify child support. They will use my BA degree saying I would be making more money than my ex.

My ex is behind in child support. Says hes goes to those daily pay jobs. I dont work anymore because I am a stay at home Mom with my 10mth old. My ex lawyer says if i modify child support. They will use my BA degree saying I would be making more money than my ex. Is this possible? Most amount I... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

A lawyer in your county who knows your judges knows what is likely in your county. It is possible.

If you saw one lawyer there, talk to another.

1 Answer | Asked in Animal / Dog Law, Civil Rights, Constitutional Law and Small Claims for Illinois on
Q: You My dog and her two puppys were taken from there home when someone broke into my house and let them out .

You

My dog and her two puppys were taken from there home when someone broke into my house and let them out . Animal control kept them for 2 months with my only option being to wait for court and the judges decision... court finslly came and i asked the judge and the ASA told the judge i was... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 13, 2020

You will have to sue Animal Control for violating your civil rights. Talk to a civil rights attorney in your area.

1 Answer | Asked in Estate Planning and Real Estate Law for Illinois on
Q: My step mom owns an apartment building that she wants to sell that was left in a will to her from her deceased mother

My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... Read more »

Robert Shipley
Robert Shipley answered on Jul 13, 2020

The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Do you get a refund on overpaid child support?

My son moved in in December, in January I started the process of stopping child support it has been pushed out until the end of July due to covid. He turned 18 june 30, the original end date.

Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

You know what the rules are. He is a minor who is able bodied. Give the child support checks back to the business.

1 Answer | Asked in Immigration Law for Illinois on
Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?

We are planning to move to Chicago and needed to know how long it would take to process her green card from there.

Stephen Arnold Black
Stephen Arnold Black answered on Jul 12, 2020

A US citizen can sponsor his foreign national spouse despite that she overstayed her visa and provided no grounds of inadmissibility otherwise exist (ie crimes, etc). The current processing time is taking at least one year from the time of filing and most likely a wee bit longer due to the covid... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
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1 Answer | Asked in Employment Discrimination for Illinois on
Q: Can an employer resend a job offer after I let them know about a birth defect that may slightly slow me down?

Delivery company was having me fill out paper work for employment. Back ground checks and waivers and such, I let him know that I have a medical condition with my legs and I may not be as fast as his other employees. He said he'd have to talk to his boss. He comes back and said he'd have... Read more »

Cynthia Pietrucha
Cynthia Pietrucha answered on Jul 10, 2020

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). You should connect with an experienced employment discrimination attorney... Read more »

1 Answer | Asked in Civil Litigation for Illinois on
Q: My sister might b suing me for a right to survivorship bank account I had with our mother who recently passed. Can she?

There is no will and I have been told this bank account is separate from the estate. She might try to prove it should be considered a convenience account.

Robert Shipley
Robert Shipley answered on Jul 10, 2020

If the account is set up right of survivorship, where you and your mother were the co-owners, that means that upon her death you become the sole owner of the account, which passes outside of probate. So I would review how the account was set up to verify your ownership rights. Regarding... Read more »

3 Answers | Asked in Immigration Law for Illinois on
Q: I have a question about I-864A joint sponsor. I hope someone can help me to understand.

Last month, I got married to US Citizen and she does not meet minimum income requirements. Thereafter, I talked to my uncle and he said he and his wife together makes about 35,000 a year in total household income for year 2019 based on IRS tax filling. And, this was only for year of 2019.My uncle... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 10, 2020

It is wise to reach out for help, but I recommend that you take this matter more seriously. More information is needed, but there can be a challenge.

I strongly recommend an appointment with a competent and experienced immigration attorney who can take the time to carefully review before...
Read more »

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2 Answers | Asked in Traffic Tickets for Illinois on
Q: Ticket while using a cellphone. No option to pay without admitting guilt.

I thought that there is usually an option to pay the fine and not have it affect my driving record or plead guilty. Only option appears to be paying the fine and pleading guilty or requesting a trial. The trial location would be hours from my home. Am I missing something?

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 9, 2020

Some tickets require a court appearance by you or a lawyer in order to request court supervision

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1 Answer | Asked in Divorce and Animal / Dog Law for Illinois on
Q: My husband and I have 2 dogs that I signed and paid for. If we divorce, could he take the dogs from me?

He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2020

If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: Can I take legal action on someone who lost my dog?

I left my dog with a professional dog sitter while we went on vacation. During this time she left the home and left my dog in her backyard in 95° heat and he hot out of her yard and is now missing. It's been 5 days and we can't find him. Can she be charged with anything?

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 9, 2020

She could possibly be charged with animal cruelty for leaving him outside in such weather without water. You could definitely sue her for losing your dog.

2 Answers | Asked in Real Estate Law for Illinois on
Q: My father is deceased his house is in Trust, I'm the successor Trustee. Is the house considered mine? Like a 2ndary home

I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named... Read more »

James Kottaras
James Kottaras answered on Jul 9, 2020

Hopefully, at the time of the Declaration of Trust, your father's attorney also recorded a Quit-Claim Deed transferring the title from your father to the Trust. If not, then we would need to work with the Title Co. to record an Affidavit of Heirship to determine all the parties with an... Read more »

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