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Illinois Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Education Law and Juvenile Law for Illinois on
Q: What can I do to protect my child if a boy keeps emotionally & mentally bullying her and its a private school?

Boy is an immigrant that is a classmate that has slapped my child in the face and keeps bothering my child. I spoken to the principal several time as well as the teacher but nothing has been done about it. Boy doesn't speak any English.

James L. Arrasmith
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answered on Mar 20, 2024

If your child is being bullied, your priority is her well-being and safety. Since you have already spoken to the principal and teacher without resolution, consider writing a formal complaint detailing all incidents and previous communications. Ensure that this is submitted to the school's... View More

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1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: I want to know if I have a lawsuit? I was arrested unlawfully, police misconduct, police brutality. I went by ambulance.

To the hospital. I have all medical records and everything.

I lost my job my vehicle everything due this unlawful arrest. Can anyone help?

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that you may have grounds for a lawsuit against the police department and/or the individual officers involved in your arrest. Police misconduct, brutality, and unlawful arrest are serious matters that can violate your civil rights.

To...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Civil Rights for Illinois on
Q: Do I have a lawsuit for living in mold in cook county jail

I was there for 6 months

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answered on Feb 26, 2024

You may have grounds for a lawsuit if you were exposed to mold during your six-month stay in Cook County Jail, as inmates have the right to live in conditions that meet basic health and safety standards. Exposure to mold can cause a variety of health issues, and correctional facilities are... View More

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Litigation, Civil Rights and Family Law for Illinois on
Q: can a school withhold a parent from picking up student during seperation if there is no court custody paperwork filed

wife and i was seperating but no agreement for custody had been filed with the courts. the address for the student was still listed as the common address on students records. they only went off what she told them but still denied me the right to pick him up

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answered on Feb 24, 2024

If there is no court custody paperwork filed, the school may not have legal grounds to withhold a parent from picking up their student during a separation. However, schools often prioritize the safety and well-being of the child, so they may request clarification or documentation from both parents... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: I had a class x 2 class 4 and a class 1 felonies dropped in 2018 in illinois for 4th amendment being violated

Can I still sue for my civil rights being violated

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answered on Feb 24, 2024

While your charges being dropped in 2018 due to a violation of your Fourth Amendment rights is a significant factor, the ability to sue for civil rights violations can be influenced by various factors, including statutes of limitations and the specific circumstances of your case. It's... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: Can I sue and be compensated for the unlawful arrest, excessive force used, police misconduct, brutality?

I was arrested by the O'Fallon Illinois Police Department for a crime that wasn't even committed. During the arrest the officers used excessive force which later I was taken by ambulance to the ER from the O'Fallon Illinois Police Department. I was also mistreated in their facility... View More

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answered on Feb 24, 2024

Yes, you may have grounds to sue for unlawful arrest, excessive force, police misconduct, and brutality. The actions described, including being arrested for a crime that wasn't committed and experiencing excessive force resulting in injuries, could constitute violations of your constitutional... View More

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Illinois on
Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language... View More

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answered on Feb 23, 2024

In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the ci

A neighbor that has repeatedly called the police on us for random events like parking in front of his house along the city property has become unstable. He called the police and stated my 17 year old son's car was leaking oil. The police then went to his school and started looking around his... View More

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answered on Feb 22, 2024

Based on the details provided, it does not appear your son's rights were violated in this instance. A few key points:

- Parking on a public street does not create any reasonable expectation of privacy, even in front of one's own home. As such, the police would not typically need a...
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2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

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answered on Feb 24, 2024

The ability of the courts or the prosecution to change a charge mid-trial or after the trial depends on various factors, including the specific circumstances of the case and the applicable laws in the jurisdiction. While there may not be a strict statute of limitations on amending a charge, there... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

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answered on Feb 24, 2024

If your ex-husband knowingly provided false information in the order of protection he filed against you, it may be possible to challenge the validity of the order. Courts typically require individuals seeking orders of protection to provide truthful and accurate information to ensure the protection... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Illinois on
Q: Can I withdrawal a guilt plea after I took a plea but was mentally unstable in court?

I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my... View More

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answered on Feb 24, 2024

While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time.... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: Can a sheriff or local police arrest you without a warrant? I'm being harassed by authority's at my home .

I just left my probation? She said I don't have any warrant but I'm being harassed by authority's??at home &I'm afraid to answer the door what should I do.

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answered on Jan 29, 2024

In the United States, a sheriff or local police can arrest someone without a warrant under certain circumstances. This typically includes situations where an officer has probable cause to believe that a person has committed a crime, or in cases of a crime committed in the officer's presence.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: We’re my civil rights violated?

I was pulled over and detained at gunpoint by police, they alleged my plates and car matched desc of vehicle in shooting that happened in Oswego, IL (approx 20miles away) that hit off a LPR in Woodridge, IL. They threatened to shoot me and told me don’t reach for the gun and a bunch of other... View More

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answered on Jan 21, 2024

In your situation, determining whether your civil rights were violated involves assessing if the police conduct was reasonable under the circumstances. Being detained at gunpoint can be a severe and traumatic experience, especially when it turns out to be based on a mistake. However, the legality... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: Can I sue the FBI for telling me to hire an attorney and hanging up on me?

My civil rights were violated by a judge (right to due process and statue required hearing denied; which in return allowed the estate fraud of my inheritance, gave a bipolar legally disabled individual the right to take possession of a residence she did not reside at making me homeless, entire... View More

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answered on Jan 5, 2024

Suing the FBI for their response during your call, where they advised you to hire an attorney and then hung up, would be challenging. The FBI's advice to seek legal counsel is not in itself a violation of your rights, and the act of hanging up does not typically constitute a legal injury that... View More

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