Get free answers to your Civil Rights legal questions from lawyers in your area.
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
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
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
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.
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
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.
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
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
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
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
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.
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
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
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
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
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
I was pulled over and ticketed for driving on suspended. Somehow that was put in system as I was arrested for possession of 100-400 grams of meth. Which destroyed my life, took my family away, my home, my freedom, my life even. All illegally. Unjustifiably victimized due to this wrongful act. The... View More
answered on Jan 5, 2024
Your situation, where you were wrongfully entered into the system for a crime you did not commit, is a serious legal issue. This could potentially be a case of false arrest or defamation, as well as a violation of your civil rights. The first step is to obtain all relevant records and documentation... View More
I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs
answered on Jan 5, 2024
For your friend who has been imprisoned for 29 years on a murder charge he claims is false, the first step is to seek legal assistance from an attorney experienced in criminal defense and wrongful convictions. It's important to find a lawyer who has handled similar cases and is familiar with... View More
The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More
answered on Jan 1, 2024
In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More
Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois
answered on Dec 28, 2023
If your friend posted private and distressing information about you on Instagram and potentially elsewhere without your consent, leading to emotional distress for you and your family, you may have grounds to pursue legal action in Illinois. Invasion of privacy and intentional infliction of... View More
Causing emotional distress to me and my family and she did it without my consent am I able to sue her if so how do I go buy or do or not in the state of Chicago Illinois
answered on Dec 29, 2023
In Illinois, if someone posts your image on social media without your consent, it could potentially be considered an invasion of privacy, especially if it's done in a manner that causes you emotional distress. The key element here is whether the posting of your image was an unreasonable... View More
After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.
answered on Dec 27, 2023
In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation... View More
answered on Dec 7, 2023
It depends on what stage the investigation is at. If it has concluded, you should have gotten a letter and your appeal rights. If you got those, you should appeal immediately and seek a hearing. If you blew the timelines, it is too late.
If you are in court and awaiting adjudication, you... View More
Driver could remove it from the area after I was walking off and after I said no the cop said wait till I see her out what can I do about this
answered on Nov 17, 2023
If a police officer asked you to remove a stolen camper that wasn't yours, and you were uncomfortable or unable to comply, you were within your rights to refuse. Your refusal should not result in any form of intimidation or threat from the officer.
If you felt threatened or intimidated... View More
1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More
answered on Dec 14, 2024
An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More
Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More
answered on Dec 3, 2024
Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.
To be honest with you, the chances... View More
Friend of mine fell asleep at a stoplight. He was detained by police and given a breathalyzer test. The results were negative. The jail attempted to do a blood draw but either couldn't do it for lack of qualified staff or some öther reason. My friend then asked for a blood test at his own... View More
answered on Dec 2, 2024
This question should be posted for KY lawyers.................................................
Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More
answered on Oct 21, 2024
Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.
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