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Illinois Constitutional Law Questions & Answers
3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
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1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Illinois on
Q: Are conditions of conditional release exempt from the illinois and united states constitution,even if the order is civil
James L. Arrasmith
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answered on May 1, 2024

Conditions of conditional release, even if they are part of a civil order, are not exempt from the requirements and protections offered by the Illinois and United States Constitutions. Every individual is entitled to certain constitutional rights that cannot be overridden simply by the nature of... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: On three separate occasions, police manipulated, omitted and submitted false evidence to arrest and falsely charge me

Begining in 2017 police in Michigan City and LaPorte county prosecutors allowed me to be falsely charged and arrested. This case garnered attention due to an animal being involved. Police omitted evidence which would have led the finder of fact to arrive at a different conclusion. This represents a... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry to hear about your experiences being wrongfully arrested and charged multiple times. It sounds like an incredibly traumatic and unjust situation. Being falsely accused and having evidence manipulated or omitted by law enforcement is a serious violation of your rights.

I...
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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have... View More

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2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
Q: I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

James L. Arrasmith
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answered on Apr 8, 2024

From what you've described, it does seem reasonable that you should be able to obtain copies of the CDs containing music you wrote and helped create, either for free or at cost. Here are a few key points to consider:

1. Copyright: If you wrote the music, you likely own the copyright to...
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1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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Q: What is the legal procedure for an Illinois School district to purchase Real Property (Real Estate)?

I understand they can meet in closed session to discuss the purchase but can they pay over appraisal and take action without having it discussed in a public meeting or on an agenda?

James L. Arrasmith
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answered on Mar 20, 2024

In Illinois, school districts are allowed to meet in closed sessions to discuss matters related to the purchase of real estate to ensure privacy during the negotiation process. However, any decision to purchase real estate, including the agreement on price, must be made in an open session during a... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: 2 people own a car in Illinois and are stopped by police.They ask to search the car. One owner says yes the other no

Can they search the car..they were stopped for not making a complete stop for a right turn on red

James L. Arrasmith
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answered on Mar 16, 2024

In Illinois, if two people own a car and are stopped by the police, the consent to search the vehicle can be a complex issue. Generally, if one owner consents to the search and the other does not, the law typically allows the police to proceed with the search based on the consent of the one owner.... 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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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

James L. Arrasmith
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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 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

James L. Arrasmith
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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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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

James L. Arrasmith
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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 Criminal Law and Constitutional Law for Illinois on
Q: Can I be denied a public defender if someone posted bail money for me?

I was arrested in March of 2023 and had a bond amount of $25,000 10% $2,500 which my boyfriend's mother had posted for me expecting to get atleast some of this back once the case was finished. But once I had gone to court after my release the judge denied my request for a public defender even... View More

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answered on Jan 14, 2024

In the United States, the right to a public defender is generally determined based on your financial situation, not on whether someone else posted bail for you. The fact that someone else paid your bail doesn't automatically disqualify you from receiving a public defender. However, courts... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Illinois on
Q: I have a friend who was falsely imprisoned he has been there for 29yrs charged with murder by corruption police officers

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

James L. Arrasmith
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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

2 Answers | Asked in Civil Rights and Constitutional Law for Illinois on
Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy

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

T. Augustus Claus
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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

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2 Answers | Asked in Civil Rights and Constitutional Law for Illinois on
Q: My friend her name is taneka she posted me on Instagram and God knows where else invasion of privacy

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

James L. Arrasmith
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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

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1 Answer | Asked in Constitutional Law for Illinois on
Q: Can a police officer detain me and search me after stating that I wasn’t being arrested ?
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answered on Dec 6, 2023

In Illinois, a police officer can detain and search you even if you're not being arrested, but this action must be justified under certain legal standards. The key factor is whether the officer has reasonable suspicion of criminal activity. If they do, they can conduct what's known as a... View More

Q: My wife got an explicate emails which turned out to be a guy at her place of employment. HR lady is married to owner....

My wife got a strange email few months ago from a guy. It was very strange so I responded by saying hi, who are you? He said he was someone who was very interested in my wife and went on to say a bunch of sexually explicit things in the conversation. He stated he was a "neighbor" and... View More

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answered on Nov 28, 2023

This situation, where your wife received explicit emails from a colleague, is concerning and should be addressed seriously. First, ensure that you have preserved all the emails, including those from the Gmail and company accounts. This evidence is crucial for any future actions.

Given the...
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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

If no accommodation was requested and there is no safety issue implicated, your employer has no basis for requesting proof that a disability does or does not exist, which in itself is disability discrimination. Contact a disability discrimination lawyer to discuss the evidence in your case and to... View More

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2 Answers | Asked in Constitutional Law, Employment Law and Employment Discrimination for Illinois on
Q: I was told in March of 2023 I needed to provide proof i did not have a disability or that I did however I never requeste

I never requested special accommodations and was let go for failing to provide proof iwas not a harm to myself or others

James L. Arrasmith
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answered on Nov 15, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees based on real or perceived disabilities. This includes making unfounded requests for proof of a disability or lack thereof, especially if no accommodation has been requested. If you were... View More

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