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Illinois Gov & Administrative Law Questions & Answers
1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Illinois on
Q: If the President and the Vice President and the Congress and the cabinet all die or are killed who is next in line for
Tim Akpinar
Tim Akpinar answered on Feb 6, 2021

The primary candidates for succession appear to be in Congress or the Cabinet. Here is a wiki resource on the line of succession -

https://en.wikipedia.org/wiki/United_States_presidential_line_of_succession

Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Illinois on
Q: Will refusing the mask mandate by CDC on private transportation such as Uber and Lyft cause arrest?

Read on a conservative news site that CDC can now if not arrest fine people not wearing masks on public transportation

It seems like a bit over reach for govt to do that

Juan Ooink
Juan Ooink answered on Feb 4, 2021

It will not likely lead to an arrest but you will be refused service.

2 Answers | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Illinois on
Q: Why wont they government turn over the grand jury testimony?
James G. Dimeas
James G. Dimeas answered on Jan 27, 2021

The Grand Jury transcripts should be provided to your attorney after you are Arraigned and during the Discovery phase.

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1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is... Read more »

Robert Shipley
Robert Shipley answered on Oct 22, 2020

Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... Read more »

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Illinois on
Q: Who does one contact if a department violates this law?
Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

It looks like part of your post may have gotten left off - that's probably why it remains open for four weeks. There's no guarantee all questions are picked up, but if you included what the law you're talking about is, a Chicago attorney would be in a better position to offer... Read more »

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 »

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... Read more »

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

Q: Can I own/posess a firearm and grow medical cannabis in a recreational state? Thanks in advance, Veteran, 50, Illinois
Kimber Russell
Kimber Russell answered on Mar 10, 2020

If you have a valid medical marijuana card and your FOID card you can lawfully keep your firearm in Illinois at this time. Individuals who have drug addiction issues or have felony weapons charges on their records, however, are prohibited from owning a firearm.

Make sure you are abiding...
Read more »

2 Answers | Asked in Employment Law, Gov & Administrative Law and Small Claims for Illinois on
Q: Should I contact a lawyer first about reporting wage & labor disputes with my employer?

I worked for a restaurant chain since 2013. I was hired for 1 hourly position at a specific rate, then cross-trained & given promotions w/raises over the years. I've had issues for years with my time clocks being manually edited by different mgers, i was paid incorrect rates than what i... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 4, 2020

You should immediately reach out to an employment lawyer to discuss potential claims under the Fair Labor Standards Act and Illinois law. If you were not paid at least minimum wage (hourly rate & tips combined) for all hours worked, and you were not paid overtime for all hours you worked in... Read more »

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3 Answers | Asked in Gov & Administrative Law, Government Contracts, Traffic Tickets and DUI / DWI for Illinois on
Q: My license has been revoked for over 10 years. I was caught driving a month ago. Can I get a license again in Illinois
Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2020

Unless you have 4 or more convictions for DUI yes you can. First you have to resolve the driving while revoked ticket. Then you will have to have a hearing with the Illinois Secretary of State. There’s a long process to getting ready for that and you should consider retaining an attorney.

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1 Answer | Asked in Gov & Administrative Law, Child Custody and Civil Rights for Illinois on
Q: In Illinois if you are under investigation and have not been found guilty of any crimes , can you refuse a CPS drug tes
Cheryl Powell
Cheryl Powell answered on Oct 1, 2019

You can refuse anything you like. Then it is considered a failed test by the court system. As such, there is a possibility that you could lose your children.

1 Answer | Asked in Gov & Administrative Law for Illinois on
Q: My mom got her license suspended and fined for not having insurane but

In 2006 my mom's license got suspended and fined for not having insurance, but she had insurance just not on her at the time. They said she needed to come to the court house and prove she had it. For some reason she waited years to go because she moved towns over and had no drivers licenses so... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 9, 2018

There is an old saying, "Nothing is Life is Fair." You answered your own question, i.e. your mother waited too long. Once the judge ruled to pay the fine, your mother needs to pay the fine. If you try to vacate the judge's order, it will cost you more than $700 in legal fees, and... Read more »

2 Answers | Asked in Gov & Administrative Law for Illinois on
Q: Are all law libraries not opened to the public? If not, how do I find out which ones are open for the public?
Jeremy Wang
Jeremy Wang answered on Sep 2, 2018

All law libraries located in the county Court houses and public law schools are open to the public. You maybe even able to find what you are searching for at your local public library. Good Luck.

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2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Illinois on
Q: In Illinois how long does a written warning stay on your record?

I was pulled over by a lincolnwood police. He didn't give me a ticket. Only issued a written warning for improper turn signal. I've had no prior record and have not been pulled over before. Will this stay on my record? Does it ever get erased?

Brandon K. Davis
Brandon K. Davis answered on Jun 23, 2018

Warnings do not go on your public driving record. It will not effect your driving privileges or insurance.

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2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Illinois on
Q: In Illinois how long does a written warning stay on your record?

I was pulled over by a lincolnwood police. He didn't give me a ticket. Only issued a written warning for improper turn signal. I've had no prior record and have not been pulled over before. Will this stay on my record? Does it ever get erased?

Brandon K. Davis
Brandon K. Davis answered on Jun 23, 2018

Warnings do not go on your public driving record. It will not effect your driving privileges or insurance.

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1 Answer | Asked in Child Support, Gov & Administrative Law and White Collar Crime for Illinois on
Q: I believe with the right person helping me we could win this case just like I know some people who have already won a

Similar case, if I have to try and repasent my self so be it I know it starts with a petition to terminate support I just need a good hearted strong lawyer

Ray Choudhry
Ray Choudhry answered on Oct 2, 2017

If somebody already won a similar case, try to track the lawyer who won it.

1 Answer | Asked in Child Support, Gov & Administrative Law and Identity Theft for Illinois on
Q: Can I sue the hospital that help falsified a government birth certificate document which now I'm paying child support

Plus i Know 100% the child is not my blood I get social security and I feel like I been munipulated and taken avantage of but I believe I have a strong case to win can I have the person who lied locked up for starters

Ray Choudhry
Ray Choudhry answered on Oct 1, 2017

Need more info.

How did child support get implemented.

Is there a court order.

1 Answer | Asked in Gov & Administrative Law and Family Law for Illinois on
Q: I live in salem il and wanting to move out of state to indiana which is less then 2 hours away. Illinois taxes are going

Up and the state are in debt. He does pay child support through court but we never went for custody battle. Our daughter is 4 and 3 out of 4 years i was the only one paying bills and getting everything she needs. He never seen her but on holidays after i begged and begged him to spend time with... Read more »

Ray Choudhry
Ray Choudhry answered on Aug 13, 2017

Depends on how much involvement he's had.

Money part doesn't count because court told him how much to pay.

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Illinois on
Q: Does two tickets within two years start from the date you get your license or from the date of the first ticket you get
Brandon K. Davis
Brandon K. Davis answered on Jun 17, 2017

If you are referring to a driver's license suspension for drivers under 21 years old, it is two moving violation convictions within 24 months, which based on the date of issuance of the tickets.

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