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Illinois Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Illinois on
Q: So I went from 50/50 custody to 3 days a month! I filed motions and judge laughed and told me I'm no lawyer.

I dont have extra money for lawyer. The court system has laughed at me and told me I'm no good for my son and without a license I cant properly raise our son. I need help pro bono. Our son needs me like he needs his mother. His mom dont work. Refuses to, and judge put in order that I'm not aloud to... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jan 3, 2020

There are attorneys that offer paid coaching and drafting services.

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: Rules for filing an appearance in a matter on appeal. Appearance filing needed in appeal case by circuit attorney?

Matter on appeal (interlocutory and final order). Does circuit case counsel file appearance in appellate case or not? Is the attorney’s appearance filing in the circuit case automatically applied in the appeal case without that attorney or other filing an appearance in the appeal case in the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Dec 31, 2019

An appearance must be filed in the appellate court case.

Q: Life insurance claim denied. Cannot appeal due to time and not knowing since my old job was taking care of it.

Life insurance threw job, got fired, claim denied. Talked to old employer about it they said they filed appeal. Talked to insurance , they say old employer didn't file. I got letter from old employer stating that I was denied life insurance due to my husband being on hospice and a check that I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

I'm sorry for the loss of your husband and this difficult ordeal. There is no simple answer here. As a starting point, you can gather records of all correspondence, including matters concerning the insurance denial, employer's appeal, original application, and everything else you have and summarize... Read more »

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If a person has already been sentence writes an affidavit for his co-defendant can he still be grant a Appel ?

Basically will he still be able to fight his conviction

William Jaksa
William Jaksa answered on Sep 18, 2019

Accused A is found guilty, is then sentenced, and now wants to appeal the conviction and sentence. As long as there are merits Accused A will be given an appeal. That sworn affidavit will likely hurt any appeal if contains a confession.

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Communications Law for Illinois on
Q: Will the judge understand that I didn't know I needed sr-22 for 3rd year? Please help, I never even received a letter.

thanks

Jeremy Wang
Jeremy Wang answered on Jan 16, 2019

Illinois law requires you to notify the Secretary of State every time you change your address so they can send you notices. Failure to do so can lead to getting another ticket.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Illinois on
Q: Asking for help with a reversed conviction. Time in prison and parole complete.
Juan Ooink
Juan Ooink answered on Dec 18, 2018

Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.

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1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: What sorts of legal decisions can NEVER be appealed?
T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

You cannot appeal a court's decision just because you do not like it, you have to have a basis for the appeal.

A not guilty verdict on all charges normally ends a criminal case—the prosecution cannot appeal an acquittal.

Criminal defendants generally can’t appeal “lawful”...
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1 Answer | Asked in Appeals / Appellate Law, Health Care Law, Legal Malpractice and Probate for Illinois on
Q: What would be the right way to go about filing an appeal in a mental health case where I have not been served?

I have a dispute with my family, they gained access to money under my name and then had me mentally committed where now they are smearing my name in court proceedings to the point where a judge is providing a waiver of service for me to attend these proceedings. According to the multitude of laws... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2018

The stakes are for too high for you to act as your own lawyer in this case. I admire your spirit, but the time has come for you to hire a lawyer. Bring him or her the research you've done, but by all means hire a lawyer. Don't risk your freedom (financial and otherwise) by trying to do it yourself.... Read more »

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Illinois on
Q: Only HOA, their relative and friends ...even the repair guy got the grandfathered in clause and owners here 20 years not

This is for rental rights.

Wendy D. Calvert
Wendy D. Calvert answered on Mar 1, 2018

What is the question? Are you being restricted from renting a unit you own in a condo association? To determine your rights, you would need to review the by-laws and any subsequent changes. If the other parties have been grandfathered in, there should be some documentation as to when and how... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: If a divorce agreement is Volunteer dismiss can I still sue for breech of contract in Illinois?
James G. Ahlberg
James G. Ahlberg answered on Jan 26, 2018

The voluntary dismissal of a dissolution of marriage case seems unlikely to have anything to do with a breach of contract case. If your question is whether to consider the marriage a contract upon which you can sue for damages if the divorce is voluntarily dismissed, the answer is no, you can't do... Read more »

1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: Can a separation agreement be volunteer dismissed If one spouse disagree? Submitted to attorney/Judge

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they want to volunteer dismiss the separation agreement.

James G. Ahlberg
James G. Ahlberg answered on Jan 19, 2018

A separation agreement doesn't get dismissed, since it is not a complaint or petition serving as the basis for the case. It is an agreement intended to move an existing case (which could be dismissed under the right circumstances) toward a conclusion. A separation agreement can be withdrawn if a... Read more »

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: separation agreement was discuss in chambers . With Affidavit and discovery. Can plaintiff volunteer dismiss

Spouse filed for divorce. Shortly after we filed a separation agreement that was given to his Attorney. After affidavit and discovery and spouse caught in a lie in his response. They first wanted me to not bring our separation agreement that I paid for. And filed it with Court. Court made me... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 19, 2018

If I've got it straight, your question is whether a plaintiff can voluntarily dismiss her case. As a general rule, yes.

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Illinois on
Q: Can my court supervision be revoked if it is already done and paid for?

I got a speeding ticket back in july or august and was able to get supervision. I then rear ended someone in october and am now going to court for that. My court supervision was paid and over with on December 13, for my speeding ticket. Can my court supervision, for my previous ticket, be revoked... Read more »

Juan Ooink
Juan Ooink answered on Jan 9, 2018

If the term of the Supervision has passed it cannot be revoked.

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1 Answer | Asked in Appeals / Appellate Law and DUI / DWI for Illinois on
Q: My brother was just sentenced to 9 yrs on 11/7/17 for a class 2 felony dui with methamphetamines found ? Appeal ?

Stark County Illinois. The urine was taken without permission but the judge allowed it. My brother is now a disabled person by the state of Illinois and cannot walk. My brother was said to have crossed the line, my brother cannot remember a thing from the night 11/9/15. The woman who lost her life... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Nov 8, 2017

I would be looking for a DUI lawyer in Peoria but if you expect to retain a private attorney on a complicated case such as this one, you must be prepared for him or her to request a substantial retainer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: How do I go bout helping someone get their sentenced reduced from 75 year after serving 24 years.
Cheryl Powell
Cheryl Powell answered on Nov 5, 2017

Wow, that is a big one. Talk to an appellate lawyer.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: How long does it take for an appeal to go through?
Brian Lehman
Brian Lehman answered on Aug 8, 2017

You did not specify the court, so I'll assume that you mean the Illinois Supreme Court. Here is a good article: https://www.law360.com/articles/753921/the-illinois-supreme-court-in-2015-a-statistical-analysis

It states:

"Average time under submission for non-unanimous decisions...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Illinois on
Q: I live in illinois and have to write a appeal myself in order to fight a case I'm not guilty for theift. Need a example.

Is there somewhere that has a copy of one and tells me what to fill in where

Cheryl Powell
Cheryl Powell answered on Jun 1, 2017

Talk to the state appellatw defenser amd find out what u have to do to get them to represent u, without charge.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: The opposing party cross-appealed after I filed my appeal. What does that mean?
Glenn B. Manishin
Glenn B. Manishin answered on May 3, 2017

It means they are appealing issues decided against them as well.

2 Answers | Asked in Adoption, Appeals / Appellate Law, Child Custody and Family Law for Illinois on
Q: My cousin has just been alerted that he has two days to appeal for custody of his children. What can he do?

My cousin and his wife are separated and they had joint custody of their children. And while they were in the care of their mother her new boyfriend abused them. Now they are trying to take the children from both the mother and father (my cousin, even though he has done nothing wrong) and give... Read more »

Cheryl Powell
Cheryl Powell answered on Apr 11, 2017

He needs to hire a lawyer asap.

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