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Illinois Questions & Answers
1 Answer | Asked in Traffic Tickets for Illinois on
Q: speeding ticket in IL for going 20 mph over my license is in MO If I file a supervision will it effect my insurance?

Drivers license in Missouri

Ticket in Illinois

20 over mph x

Only ticket in 2 years

Alan Jones
Alan Jones answered on May 18, 2021

Supervision is a disposition of guilt that is not a conviction. The Secretary of State keeps track of supervision internally, therefore your insurance company should not find out about it. Good luck. Al

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Hi in my divorce it said no parent is to pay child support but now I am being sent papers for child support can they do
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 18, 2021

If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.

2 Answers | Asked in Trademark for Illinois on
Q: If a trademark status "710 - Cancelled - Section 8"can I register the name with my logo ?
Marcos Garciaacosta
Marcos Garciaacosta answered on May 15, 2021

Maybe

Depends on whether other trademarks are similar or share elements that can confuse a buyer

Consult with an attorney

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2 Answers | Asked in Estate Planning for Illinois on
Q: I am moving to the suburbs and I have a condo I want to give the condo to my son .

There is still a mortgage on it and just want to know as long as he takes over the mortgage I want to give him the property

Charles E. Hutchinson
Charles E. Hutchinson answered on May 10, 2021

There is not a question, only a situation. And it really isn't estate planning.

You cannot give him the property as long as he takes over the mortgage. How do you plan on giving him the property, and when? Is this transfer to be done in your will? Will you deed the property over...
Read more »

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If moving to a different school district, does that violate the joint education decision part of our parenting agrement

We will still be in macon county only about 10 minutes further but a different school district. I do not get child support. I pay for everything. My ex gets every other weekend and 2 nights a week 4 hours each time. Do I need her approval to move?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 10, 2021

Unless your Judgment specifically provides otherwise, you may definitely move as you described.

4 Answers | Asked in Estate Planning for Illinois on
Q: At what size Net Worth should I consider a Trust instead of a Will?
Stephanie Sexauer
Stephanie Sexauer answered on May 5, 2021

Hi there,

Congratulations for considering an estate plan! It's so important to do this as soon as you're able, but we know most people don't (which makes their estates ultimately much messier and more expensive when they become disabled or die). I'm assuming you're...
Read more »

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3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Got speeding ticket for 34 over. Officer marked no court appearance needed but got court day on mail. What can I do

Can the ticket get dismissed since that was a mistake from the cop?

John S. Fotopoulos
John S. Fotopoulos answered on May 5, 2021

This is a misdemeanor charge. You will need to retain an attorney to assist you in this matter.

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2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Robert D. Kreisman
Robert D. Kreisman answered on May 4, 2021

The short answer is that a lawyer for the party who may claim some injury has sent you the form letter that generally kicks off such a case. I'm sure the letter asks you to report this incident to your insurer, which you don't have. Many lawyers in your situation will turn to their... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: I have been hired as part-time but been asked to work 40 hours/week for 2 years without any benefits. Is that legal?
Rhiannon Herbert
Rhiannon Herbert answered on May 4, 2021

Federal law does not require employers to offer benefits (such as insurance, retirement plan, PTO, etc.). However, federal law does require you to be paid at least minimum wage for all hours worked, and overtime for all hours worked over 40 in a week (if you're paid by the hour). If... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Illinois on
Q: In illinois can a potential employer not hire you for failing a urine test for thc on premeployment drug test

The job is non-federal non-state and non-union.

Dan Nold
Dan Nold answered on May 3, 2021

Private employers have a lot more leeway with things like this. Unfortunately, weed smokers are not a protected class when it comes to discrimination. And employers have the right to decide, as long as they are not using discriminatory practices, on how to hire their employees. Maybe the... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Can 2 people be charged with the felony possession then one have all charges dropped against them but the other person n

It wasn't even my drugs it was hers but since she got cancer they dropped all charges on her but I'm still be charged? Can they do that or should it be dropped all together?

Dan Nold
Dan Nold answered on May 2, 2021

Well, they can do it because they already did it, and they can drop charges for any reason or no reason at all. They certainly can do it. Should they? I mean, should drug possession even be a crime? There are a lot of should questions we can ask about this situation. But can they? If they... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: is it in an inalienable right in the state of Missouri to consume alcohol
Dan Nold
Dan Nold answered on Apr 29, 2021

Inalienable rights I would generally say are life, liberty, and the pursuit of happiness. I suppose you could consider the consumption of alcohol a pursuit of happiness. Generally, lawyers, at least lawyers that I know, do not speak about the consumption of alcohol being an inalienable right. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I was arrested with a meth pipe only. Is that possession of methamphetamines or possession of Paraphernalia?
Dan Nold
Dan Nold answered on Apr 29, 2021

If the government sends the pipe out for testing, and they are able to scrape any meth out of it, they could charge you with possession of methamphetamine. It's possible for this type of a charge to be filed several months after the police took the pipe as they wait for the lab results. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What's the worst charge for trespassing at Walmart with theft under $300

Actually a couple years ago my sister was charged wasn't charged that Collinsville Walmart for stealing the plastic bead box they let her go and told her don't return so last week she went to Glen carbon Walmart and she was bagging her stuff herself and three items wasn't running up... Read more »

Dan Nold
Dan Nold answered on Apr 29, 2021

It depends on if she's ever been convicted of Retail Theft before. And it depends on if they charged the trespassing as an ordinance violation or a misdemeanor. She should try and hire an attorney to help her minimize and maybe even get the charges dismissed with a deferred prosecution.... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take to set up a WCMSA with medicare? Will it take months before I know something?
Charles Candiano
Charles Candiano answered on Apr 29, 2021

If the question you mean to ask is how long does it take to get approval for an MSA, the answer is that it depends how you go about it. If you have the ability and resources to do it yourself, it is possible to get approval in 45 to 60 days. If you use a third-party provider, it could take 6 to 9... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: May I change the locks on a home I own that has been for the most part abandoned? Please see additional info below:

Home was purchased at a foreclosure (judicial) sale in Illinois. I have a order of possession from the original foreclosure proceedings. Evictions have been postponed due to pandemic. Home has water shut off. Prior owner lives somewhere else, but still has keys. Prior owner occasionally visits... Read more »

Erik K Jacobs
Erik K Jacobs answered on Apr 29, 2021

As a practical matter, yes. Possession has been ordered in the foreclosure. The owner does not RESIDE in the premises. It sounds like he's an occasional trespasser.

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I was in an accident other driver was charged with lane viol he's fighting it in court if win can state come after me?

I've been called in to testify

Charles Candiano
Charles Candiano answered on Apr 27, 2021

You asked this under Illinois law so I assume the accident was in Illinois. I cannot comment on Nebraska law as I do not practice in Nebraska.

You have been subpoenaed to testify as a State's witness. ostensibly, your testimony will support the State's contention that the...
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1 Answer | Asked in Probate for Illinois on
Q: My mother lent my brother 55k dollars to pay for his divorce 15 yrs ago. He only paid her back about 29k before he died.

As part of the divorce settlement, he kept the condo in Chicago. He remarried 2 years ago, but didnt put his wife's name on the property. He was literally at the condo getting it ready to sell when he died (massive heart attack). He did not have a will, so his current wife contact 2 lawyers... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Apr 26, 2021

Hi there,

I'm so sorry to hear about your brother. I hope you're all hanging in there.

In Illinois, if your brother didn't have children, his assets (that don't name a beneficiary or joint owner) would pass to his wife. If there was a probate proceeding,...
Read more »

2 Answers | Asked in Traffic Tickets for Illinois on
Q: How long does it take for my license to get suspended after getting three tickets?

Last summer I was in an accident where I got a ticket for “driving too fast for conditions.” In hindsight I should’ve fought it because I fell asleep at the wheel so my speed had nothing to do with it, but whatever. Since then, I’ve gotten two speeding tickets. I’m aware that three... Read more »

Alan Jones
Alan Jones answered on Apr 24, 2021

It depends on the disposition of each ticket, your age and the offense dates. If you want to pull your ‘court purposes driving record’ from the Secretary of State, I’ll read it for you at no charge. In the meantime, a good rule of thumb is to always try for court supervision to avoid... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Would you recommend going to trial? Fighting aggravated battery to a peace officer

On July 4 2019 I was charged with an Aggravated to a police officer in the most surveillanced part of Chicago (Navy pier). First, I ordered a copy of my FOIA police report, and it stated the detective showed up to get the videos. The person who was in charge of handling the videos said he was able... Read more »

Alan Jones
Alan Jones answered on Apr 23, 2021

I recommend reviewing this issue with your attorney to determine the best answer. If you don't have a good local Chicago-area criminal defense attorney, then you should get one for this case. Good luck.

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