Illinois Questions & Answers by Practice Area
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- Insurance Defense
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- Legal Malpractice
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- Wrongful Death
Illinois Questions & Answers
Q: What are the chances a 17 year old would receive a suspended license for his first citation (of 27 over)? in IL
Brandon K. Davis' answer
For those under the age of 21, two convictions for moving violations within 24 months will result in a license suspension. So, while a license suspension is not a concern for a 1st offense, speeding 26-34 mph over the limit is a Class B misdemeanor (criminal offense). Technically, you are facing up to 6 months in jail and a $1,500 fine, but this is the MAXIMUM penalty and extremely unlikely. The goal is to avoid a criminal conviction, keep your record clean and reduce the penalties, which can...
For those under the age of 21, two convictions for moving violations within 24 months will result in a license suspension. So, while a license suspension is not a concern for a 1st offense, speeding 26-34 mph over the limit is a Class B misdemeanor (criminal offense). Technically, you are facing up to 6 months in jail and a $1,500 fine, but this is the MAXIMUM penalty and extremely unlikely. The goal is to avoid a criminal conviction, keep your record clean and reduce the penalties, which can...
Q: Do you handle teacher rights cases when they are being subjected to harassment and unfair treatment?
Cynthia Pietrucha's answer
In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.
If she is in danger of being terminated, she should notify her union (where applicable) to see if a grievance can be filed and/or decisions appealed, and also immediately put her concerns in writing.
If she is already on a performance improvement plan (PIP), she...
In Illinois, terminating a public tenured teacher is a complicated process and usually requires due process via a hearing. This can involve hundreds of pages of paperwork, strict deadlines and appeal rights.
If she is in danger of being terminated, she should notify her union (where applicable) to see if a grievance can be filed and/or decisions appealed, and also immediately put her concerns in writing.
If she is already on a performance improvement plan (PIP), she...
Q: The insurance agency says it'll provide me with an attorney - should I do that or hire someone privately?
Charles Candiano's answer
This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense attorney. Nearly anyone you would hire would probably be on par with the attorney that is assigned.
This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense attorney. Nearly anyone you would hire would probably be on par with the attorney that is assigned.
Q: Can anyone be adopted at any age? This person is in their 50s.
James G. Ahlberg's answer
Yes, although the formal consent of the person being adopted is required if they are 14 years of age or older. The written consent must be filed with the court.
Yes, although the formal consent of the person being adopted is required if they are 14 years of age or older. The written consent must be filed with the court.
Q: If I receive money from sale of parent's home after their death, can I claim it on next years taxes
Jon Dowat's answer
Your are dealing with about three issues here and it is not that simple. First, income should be reported in the year it was received. Even if you do not cash the check the IRS treats it as if you received it, that is called "constructive receipt," which means we will pretend you received it so we can tax it.
Second, if the proceeds of the sale of the home are paid to you the lender or title company will issue a Form 1099-S to you and they will send a copy to the IRS. Even if the...
Your are dealing with about three issues here and it is not that simple. First, income should be reported in the year it was received. Even if you do not cash the check the IRS treats it as if you received it, that is called "constructive receipt," which means we will pretend you received it so we can tax it.
Second, if the proceeds of the sale of the home are paid to you the lender or title company will issue a Form 1099-S to you and they will send a copy to the IRS. Even if the...
Q: If I pay all my rent can this stop a eviction if the landlord takes it
James G. Ahlberg's answer
Yes, but only if you were served with a landlord's 5-day notice (rather than a 10-day notice), and pay all the rent within the time allowed by the notice.
Yes, but only if you were served with a landlord's 5-day notice (rather than a 10-day notice), and pay all the rent within the time allowed by the notice.
Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?
Juan Ooink's answer
Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a DUI and the longer you wait the harder it gets for an attorney to handle your case.
Not really sure what you are looking for with an answer from this question. If you have been charged with a DUI, you need to hire an attorney right away. The sooner you hire an attorney, the sooner that attorney can start working on your case. There are time sensitive matters when dealing with a DUI and the longer you wait the harder it gets for an attorney to handle your case.
Q: How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all
Charles Candiano's answer
Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different is contemplated, there will probably need to be a Hearing.
Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different is contemplated, there will probably need to be a Hearing.
Q: Under what situations could a traffic ticket potentially get dismissed?
Jeremy Wang's answer
There are way too many ways to potentially get a traffic ticket dismissed. You maybe better served calling a local traffic attorney and explaining your unique situation in private.
There are way too many ways to potentially get a traffic ticket dismissed. You maybe better served calling a local traffic attorney and explaining your unique situation in private.
Q: can a new jersey tenant lawyer take on a client Illinois to postpone client eviction?
James G. Ahlberg's answer
As a general rule that will depend on whether the attorney is also licensed in Illinois, retains a lawyer who is licensed in Illinois to handle matters, or gets the court's permission to handle it himself. Do not interpret this as meaning you should ignore the New Jersey lawyer.
As a general rule that will depend on whether the attorney is also licensed in Illinois, retains a lawyer who is licensed in Illinois to handle matters, or gets the court's permission to handle it himself. Do not interpret this as meaning you should ignore the New Jersey lawyer.
Q: Can I back out of a sale and purchase a new house if sellers breached contract?
James G. Ahlberg's answer
That depends on the terms of the contract, the nature and extent of the sellers' breach, and so on. There is no way to give you even an educated guess without reviewing the contract and meeting with you. If you think their breach is sufficient under the terms of the contract to permit you to declare the contract void, you should make an appointment with a lawyer to review this with you. Bring the contract to the first appointment.
That depends on the terms of the contract, the nature and extent of the sellers' breach, and so on. There is no way to give you even an educated guess without reviewing the contract and meeting with you. If you think their breach is sufficient under the terms of the contract to permit you to declare the contract void, you should make an appointment with a lawyer to review this with you. Bring the contract to the first appointment.
Q: What are the choices that I have?
J. Richard Kulerski Esq.'s answer
The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.
The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.
Q: how can i find out if my name and social security number is blacklisted?
James G. Ahlberg's answer
It's not easy to find out. None of the potential employers you've talked to are likely to tell you. I believe there are companies you can find online who will contact your old employer and act as if you've applied to work for them in the same industry to find out what response your old employer makes. I don't have the name of one to give you, I don't know what they charge for doing this, and I don't know how successful they are, but it's about all I can offer. Bear in mind that if the response...
It's not easy to find out. None of the potential employers you've talked to are likely to tell you. I believe there are companies you can find online who will contact your old employer and act as if you've applied to work for them in the same industry to find out what response your old employer makes. I don't have the name of one to give you, I don't know what they charge for doing this, and I don't know how successful they are, but it's about all I can offer. Bear in mind that if the response...
Q: I feel my daughter was pressured into signing
James G. Ahlberg's answer
I do not mean to sound offensive or rude, but:
1. No lawyer can predict whether your daughter can successfully challenge a pre-nuptial agreement without knowing the precise circumstances that led her to sign it and without having a chance to read the document.
2. This is your daughter's fight. I appreciate that you want to look out for her best interests, but if she was old enough to get married she is old enough to contact a lawyer herself if she feels she is being taken...
I do not mean to sound offensive or rude, but:
1. No lawyer can predict whether your daughter can successfully challenge a pre-nuptial agreement without knowing the precise circumstances that led her to sign it and without having a chance to read the document.
2. This is your daughter's fight. I appreciate that you want to look out for her best interests, but if she was old enough to get married she is old enough to contact a lawyer herself if she feels she is being taken...
Q: A disgruntled ex-client is posting untruthful reviews about me suggesting legal malpractice. What should I do?
James G. Ahlberg's answer
This is an ethical and relational minefield. Any substantive or defensive response is likely to inflame the situation and harden his attitude, as it effectively encourages him to throw another log on the fire. Think of it this way -- the fire that's tended burns the hottest, and you want this fire to go out.
I suggest responding along these lines: "I regret that (ex-client) found our attorney-client relationship unsatisfactory. This will be the only response I make to his criticism...
This is an ethical and relational minefield. Any substantive or defensive response is likely to inflame the situation and harden his attitude, as it effectively encourages him to throw another log on the fire. Think of it this way -- the fire that's tended burns the hottest, and you want this fire to go out.
I suggest responding along these lines: "I regret that (ex-client) found our attorney-client relationship unsatisfactory. This will be the only response I make to his criticism...
Q: Does a landowner have liability if they ask a neighbor to remove an encroaching structure?
James G. Ahlberg's answer
You may be liable for his safety if the neighbor encounters a hidden hazard on your property, such as an abandoned well with a rotting cover through which he falls. Otherwise, no.
Your best bet getting it removed is to first show him a copy of the survey, then ask him to remove it by a certain date -- the date should be reasonable considering how large a structure he built. If he doesn't do this, take him to court to get a court order that he remove it. That ought to be cheaper than...
You may be liable for his safety if the neighbor encounters a hidden hazard on your property, such as an abandoned well with a rotting cover through which he falls. Otherwise, no.
Your best bet getting it removed is to first show him a copy of the survey, then ask him to remove it by a certain date -- the date should be reasonable considering how large a structure he built. If he doesn't do this, take him to court to get a court order that he remove it. That ought to be cheaper than...
Q: Can I put a clause in a will that says I'll give money to my daughter UNLESS she moves abroad?
Ray Choudhry's answer
If this is not for an unlawful purpose, the provision should hold.
You have an absolute right to disinherit children.
If this is not for an unlawful purpose, the provision should hold.
You have an absolute right to disinherit children.
Q: A counselor has just given me a diagnosis of disorders that she believes I have. How could this affect upcoming divorce?
James G. Ahlberg's answer
The answer depends entirely on the nature of the disorders. To pick silly examples just to make the point, if one of the disorders is that you are prone to blackouts during which you commit violent act, it will obviously make a difference. On the other hand, if one of the disorders is that you are deathly afraid of butterflies, that would almost certainly not make a difference. Without knowing exactly what the disorders are, the ages of the children and so on, no attorney can predict whether...
The answer depends entirely on the nature of the disorders. To pick silly examples just to make the point, if one of the disorders is that you are prone to blackouts during which you commit violent act, it will obviously make a difference. On the other hand, if one of the disorders is that you are deathly afraid of butterflies, that would almost certainly not make a difference. Without knowing exactly what the disorders are, the ages of the children and so on, no attorney can predict whether...
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