Get free answers to your Civil Rights legal questions from lawyers in your area.
I am a law enforcement officer, and my department seized my personally purchased primary duty weapon without a court order. A week prior to the seizure, I became upset about what I perceived as unfair work practices. However, no specific incident, investigation, or policy was cited as a reason for... View More

answered on Apr 1, 2025
The seizure of your personally purchased duty weapon without a court order raises significant legal concerns. While law enforcement agencies maintain broad authority to regulate equipment used in official duties, this authority is not unlimited and must be exercised in accordance with... View More
I filed a post-conviction motion that was granted on January 22, 2025, with the original charge from December 2013 and a conviction in October 2014 being vacated/dismissed, and my bond refunded. I then filed for a certificate of innocence, but a different judge denied my post-conviction relief... View More

answered on Mar 27, 2025
Your situation presents a complex legal puzzle that requires immediate attention. In Illinois, it's unusual for a second judge to overturn a granted post-conviction relief, and this procedural irregularity might be grounds for appeal. The conflicting judicial decisions create a significant... View More
I live near a mosque that was recently completed in my area. They are charging for parking during a holiday event, which is fine. However, my mother is disabled and requires a handicap parking space for closer entry. There are designated disabled parking spaces with signs indicating they are for... View More

answered on Mar 27, 2025
Disabled parking regulations typically apply to both public and private properties, but enforcement can vary based on local laws and the property owner's policies. While disabled parking spaces must be available by law, whether payment is required for those spaces at private events falls into... View More
I am facing an issue at school where my teacher repeatedly refuses to allow me to use the bathroom. Despite discussions between my parents and the school administration, the problem persists, and it's negatively affecting my health and well-being. What steps should I take to address this legally?

answered on Mar 27, 2025
Your situation is concerning, as access to bathroom facilities is a basic need that impacts your health. You should begin by thoroughly documenting each incident when permission is denied, including dates, times, and any physical symptoms you experience as a result of these restrictions.... View More
I believe my right to privacy and civil rights were violated by my employer. As a full-time UPS driver with 9 years of service, I was required to sit in an office with the door open for nearly 4 hours while waiting to take a drug test, which should have been conducted at a testing center. During... View More

answered on Mar 27, 2025
Your situation at UPS raises legitimate privacy concerns. Being made to wait in an office with the door open for four hours while colleagues inquired about your presence could potentially violate your right to confidentiality during workplace drug testing. Employment drug testing typically includes... View More
I am considering releasing a song publicly that is themed around encouraging suicide. While the song targets a specific individual, it does not directly state their identity, nor have I communicated to anyone who this person is. There have been some past interactions with this individual and they... View More

answered on Mar 26, 2025
Creating a song that encourages suicide could expose you to serious legal consequences. In many jurisdictions, intentionally encouraging or assisting someone to take their own life is a criminal offense, even if the person isn't explicitly named. The fact that you've had prior threatening... View More
I was detained for 50 days, and during my detention, my dog was stolen from my house, reportedly by my former girlfriend. Before my detention, my dog was registered to me, and I have documentation of the microchip and vet records. My ex-girlfriend initially communicated that she would return him... View More

answered on Mar 26, 2025
Your situation is tough, but you have strong legal standing with the microchip registration and vet records establishing ownership of your dog. As pets are legally considered property, you can file a police report for theft, which creates an official record of the situation even if police... View More
My summary judgment was partially denied in favor of the defendant; their motion for summary judgment was granted regarding my discrimination and retaliation claims but denied for my harassment claim. I have evidence supporting my harassment claim, and the defendant's representation dropped... View More

answered on Mar 26, 2025
Your partial victory at the summary judgment stage is promising. When a judge denies summary judgment on your harassment claim, it means they believe there are genuine factual disputes that deserve a full trial. This doesn't guarantee success, but it indicates your case has enough merit to... View More
I was denied my petition for a certificate of innocence even though my case was vacated and dismissed on my post-conviction motion. I need to appeal the denial to seek compensation for wrongful incarceration through the court of claims. The judge granted me a 14-day extension to file an amended... View More

answered on Mar 24, 2025
I understand your frustration with the denial of your certificate of innocence. For your amended notice of appeal, you'll need to clearly address the specific reasons for denial by providing documentation that proves your innocence and confirming that your case was dismissed. Many people... View More
In Illinois, can the police legally send an informant with a hidden camera into my home to observe drugs without a warrant? I was unaware that the person was an informant at the time. After being threatened, I was informed about the report written by an officer, which he stated would not be... View More

answered on Mar 24, 2025
Under federal law and Illinois state law, police generally can send an informant with a hidden recording device into your home without a warrant if you voluntarily invited that person inside. This is known as the "invited informant doctrine," where courts have ruled that you assume the... View More
My petition for a certificate of innocence was denied because the judge felt I didn't include sufficient documentation or proof of my innocence, even though the same judge vacated/dismissed my case and my bond was refunded. I have received a court form stating the case was vacated/dismissed,... View More

answered on Mar 24, 2025
Filing an amended notice of appeal for a certificate of innocence in Illinois requires careful documentation of the judge's errors in interpreting your evidence.
Your situation presents strong grounds for appeal since you have official court documentation confirming your case was... View More
I have been experiencing organized stalking and harassment from law enforcement and citizens for the past three years, including vehicular stalking and a smear campaign against me. Despite relocating to a different state, authorities have not addressed my concerns, leading me around in circles. I... View More

answered on Mar 24, 2025
I understand you're going through a difficult situation. You should begin by documenting every incident in detail, including dates, times, locations, and descriptions of what occurred. Take photos or videos when possible and keep all evidence organized in a secure location.
Consider... View More
As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely... View More

answered on Feb 21, 2025
The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.
My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

answered on Feb 8, 2025
You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

answered on Jan 5, 2025
I'm sorry you had to go through that experience. First, ensure your safety and avoid any confrontations with the authorities. Once things have settled, make detailed notes of what happened, including the date, time, and any damage caused during the raid.
Next, reach out to a legal... View More

answered on Jan 5, 2025
I'm sorry to hear about your experience at Logan Correctional. To begin the application process for assistance or support, gather all relevant documents related to your incarceration, including any records of the conditions you endured. This documentation will be crucial in supporting your... View More
I am investigating claims that an attorney known to me by only a last name, Tate, has been acting in some way as my attorney for alleged financial matters. It has been alleged that this attorney, probably from IL, had gained control of an alleged inheritance in the form of a $15 million trust fund... View More

answered on Jan 5, 2025
Start by consulting with a reputable attorney who has experience in legal ethics or professional misconduct cases. They can guide you through the process of challenging the federal court petition and help you understand your rights in accessing the attorney’s information. Providing them with all... View More
his girlfriend with me and is now not allowing me into the bar.

answered on Jan 5, 2025
Yes, a bar has the right to deny you entry for various reasons, including personal conflicts with management. If the general manager feels uncomfortable or has personal grievances, they can decide to restrict your access as long as it's not based on illegal discrimination, such as race,... 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
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.