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Illinois Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... Read more »

Cheryl Powell
Cheryl Powell
answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
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1 Answer | Asked in Criminal Law, Federal Crimes, Constitutional Law and Gov & Administrative Law for Illinois on
Q: In IL. if you convicted of a burglary but satisfactorily completed probation 10y ago. Can I get 2 amendment rights back?

In Cook County Illinois if you convicted of a burglary but never went to prison & satisfactorily completed probation ten years ago can you get it expunged & have Second amendment rights restored? The charge was for the new burglary a girl stole the laptop from a car I was there so I got in... Read more »

Juan Ooink
Juan Ooink
answered on Jun 10, 2020

You can not expunge such a case. Your only option is to file an Executive Clemency Petition requesting the governor to pardon you and allow you to expunge this matter. These types of petition are rarely granted, but it is your only option. You will want to hire an attorney to assist you with the... Read more »

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Hey so my friend and I agreed to have a friendly boxing spar we have no hate towards each other and can we box at park?

We wanted to box at a local park and can we get in trouble from this and also we are using this for content also but mainly for a friendly boxing spar at the park can we get in trouble?

Cheryl Powell
Cheryl Powell
answered on May 21, 2020

I have never seen anyone ask for legal advice for a friendly spar. No lawyer would advise you to engage this behavior since we all know how things could escalate. Not to mention that is clearly against all covid guidelines. If your question has to do with parks and covid, that is controlled... Read more »

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1 Answer | Asked in Criminal Law, Constitutional Law, Government Contracts and Juvenile Law for Illinois on
Q: I got pulled over after getting caught stealing from a gas station and that day was my last day of court supervision

I was just wondering is that going to go against it because by then I will have my court date in a few weeks away I would also like to add I’m a minor and was under the influence and they breathalyzer but they just let me go and said they send the tickets in the mail I’ve dealt with cops a lot... Read more »

Juan Ooink
Juan Ooink
answered on Mar 23, 2020

Your Court Supervision should be fine, but you really need to have your parents hire a criminal defense attorney for you in order to assist you with these new charges. The sooner an attorney is hired, the better.

1 Answer | Asked in Constitutional Law for Illinois on
Q: what are the statue of limitations on a civil case on appeal in illinois
Cynthia Rote
PREMIUM
Cynthia Rote
answered on Feb 22, 2020

If you are asking how long you have to appeal a final judgment the answer is 30 days. You must file your Notice of Appeal within 30 days of the final judgment.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Can the officers come in if you didn’t give them verbal consent?
Juan Ooink
Juan Ooink
answered on Jan 10, 2020

It depends on a number of things. Much more information is needed in order to address this question. If you have been charged with an offense, you need to hire a criminal defense attorney right away. The sooner you hire an attorney, the better.

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Unlawful arrest illegal search and seziure

I had a friend whom had charges filed on him by a mad ex girlfriend he had come and stayed in my home a few times. Police came and arrestwd me on a misdemeanor traffic warrant and hour later returned to arrest him,he volunteered to give up and walked out to themlocking soor behind him,the ploice... Read more »

James G. Dimeas
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James G. Dimeas
answered on Oct 31, 2019

It's entirely possible that the search of the house was illegal. As a general rule, the police must have a warrant to conduct a search of a residence but there are many exceptions. You should consult with an experienced criminal defense lawyer who can review the evidence to determine whether a... Read more »

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4 Answers | Asked in Car Accidents, Civil Rights, Constitutional Law and Personal Injury for Illinois on
Q: Civil Case Against UBER Techs, Rasier LLC and the Drivers Negligence caused my accident in Illinois. To my Son and I.

December 24th, 2017 @ 7:03 the driver sped thru the intersection failing to stop at all and with speed. I drove through my intersection w/ no stop sign and I t-boned the driver with passenger through the UBER app. Driver was driving with 2 moving violations of speeding over 15 mph within that year... Read more »

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 11, 2019

Your case should be postured to file suit soon based on your fact description. I would urge you to hire an experienced attorney if you haven't done so already. The "Driver's" traffic violation records may not come in as evidence necessarily and will likely be challenged as to... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Illinois on
Q: IF I BELIEVE THAT SOME CPD OFFICERS ARE ACTING DISCRIMINATORY . WHAT SHOULD I DO

IVE FILED COMPLAINT AND HAVE FOUND A HISTORY. PLUS I HAVE A COMMUNITY OF WITNESSES

Gary Kollin
Gary Kollin
answered on Aug 14, 2019

Typing in all capital letters is considered shouting and offensive

2 Answers | Asked in Criminal Law and Constitutional Law for Illinois on
Q: I told cops I didn't know if my ex boyfriend was in my home., but they cldnt search with out a search warrant.

I was charged with felony aiding and abetting and felony harboring a fugitive. He was hiding from me also.

Juan Ooink
Juan Ooink
answered on Jun 20, 2019

You need an attorney right away. If you are convicted, you will be a convicted felon for the rest of your life. The sooner you hire an attorney the better.

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Illinois on
Q: Where my fourth amendment Right Violated?

I get pulled over for no front plate officer approaches window do you have you drivers licence and insurance. My answer no I don't I left it at home and insurance is on my phone but I have my ID. Officer aggressive starts looking through the drivers side with his flash light. Then proceeds to... Read more »

Juan Ooink
Juan Ooink
answered on Apr 25, 2019

Have you been charged with a crime? If so, you need to hire an attorney to assist you right away. The sooner you hire an attorney the better. If you have not been charged with a crime, there is not much you can do at this point.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?

The cop lied saying I tried to get back in my vehicle and that then he tased me. Really he walked me out in the field and beat the crap out of me and tased me out there. Four months later I get a warrant for drug possession, resisting, and obstruction. Grounds for dismissal?

Juan Ooink
Juan Ooink
answered on Dec 6, 2018

This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the... Read more »

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1 Answer | Asked in Constitutional Law for Illinois on
Q: I'm currently studying for an exam, and I need to know how about metaphysics in regards to due process.

I've looked over my notes and textbook but have found nothing on the matter. Thank you!

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2018

That’s a tough one. It’s no surprise you weren’t able to find anything. Due process is a constitutional protection against the taking of one’s life, liberty, or property by the government without first applying certain legal measures. It’s hard to see the connection.

Tim Akpinar

1 Answer | Asked in Constitutional Law for Illinois on
Q: I'm a 65 year old man can you break down what Roe versus Wade means in layman's terms for me as time allows thank you
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

Roe v. Wade was a 1973 Supreme Court decision that established a woman’s legal right to have an abortion if they chose to do so.

1 Answer | Asked in Civil Rights, Constitutional Law and Animal / Dog Law for Illinois on
Q: My former roommate left his guinea pig at our house after we threw him out and refuses to pick her up. What can I do?

My 6 month old daughter and I are allergic and need her to go to a good home.

Gary Kollin
Gary Kollin
answered on Jun 25, 2018

take it to animal control

1 Answer | Asked in Civil Rights, Constitutional Law, Real Estate Law and Family Law for Illinois on
Q: Is it illegal for my mom to move without telling me if her house is my legal residency and she has my stuff in her house

I'm 19 and she moved without telling me that she was even planning to move. Some of my stuff is still with her in her new house and documents such as my birth certificate and citizenship papers are also with her.

Gary Kollin
Gary Kollin
answered on Jun 23, 2018

I’m sorry. Your mother needs your permission to move?

Did you ask her for the items?

If she doesn’t want to give you your property, consider a writ of replevin

1 Answer | Asked in Civil Litigation and Constitutional Law for Illinois on
Q: If one is fired without cause & is denied due process, is her property interest in the job considered "personal injury"?

This relates to 14th Amendment rights. All state remedies for unlawful termination and breach-of-contract complaints have been exhausted.

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2018

You do not state whether you are a government employee. Due process is not required in private employment circumstances, but typically is with public employees. Similarly, employees in the private sector typically have no property interest in their job, whereas a public employee may. Your question... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Illinois on
Q: My wife is threatening me with past police reports should i worry about going to jail for them if she calls the police
Cheryl Powell
Cheryl Powell
answered on Nov 11, 2017

Police have already investigated past reports. They go into the pile of dust or the pile that is transmitted to the state's attorney. It is unlikely.

2 Answers | Asked in Car Accidents, Constitutional Law, Criminal Law and Libel & Slander for Illinois on
Q: what steps to take to amend a police auto accident report?

My witness said nothing happened. Police officer got me with hit and run ,yet report from my statement and other drivers statement agree I was there till other driver left.

Cheryl Powell
Cheryl Powell
answered on Jul 1, 2017

It can be supplemented. However, this is the responsibility of ur lawyer.

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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for Illinois on
Q: I'm 18 and stuck in the foster care system in Illinois if I get Married and I be discharged from the system

I'm also

On probation but I

Don't think that matters

Cheryl Powell
Cheryl Powell
answered on Jul 1, 2017

U can generally be discharged at 18. But its not usually a good idea. The state will pay for college, vocational training, etc. Getting married is no magic answer. 18 year olds generally are not mature enough to make a good determination as to a mate.

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