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1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Can I use ghetto as an trademark

Because I'm trying to use it for an positive thing and wear

James L. Arrasmith
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answered on Mar 18, 2024

You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More

1 Answer | Asked in Civil Rights, Employment Law and Landlord - Tenant for Illinois on
Q: Even if it’s illegal to live at a commercial business can you be secretly recorded if you stay in a room turned bedroom?

An acquaintance has offered for me to stay at his business while I also work for him. There is a room that’s been my place of dwelling for the past couple of months. He gave me an opportunity to stay there instead of doing hotels everyday because it’s closer for me from the workplace and to... View More

James L. Arrasmith
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answered on Mar 18, 2024

Living in a commercial space can present unique challenges, especially when it comes to privacy. It's important to know that regardless of the legality of your living situation, your right to a reasonable expectation of privacy in areas considered private, such as a living space or bedroom,... 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

2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the difficulties you and your wife are facing with her marriage-based green card application. It sounds like an incredibly stressful and frustrating situation, especially after all the preparation you did to provide the required documentation.

For your...
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2 Answers | Asked in Immigration Law, Gov & Administrative Law and International Law for Illinois on
Q: Officer at my wife's visa interview refused to accept my 2023 tax return (im the petitioner) saying $90k/yr not eno

Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen

We brought all required documents as instructed and ALSO uploaded it all to... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 16, 2024

This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More

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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 Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Education Law for Illinois on
Q: Can my high functioning, 10 year old son, w/Down syndrome be denied general education classes & a 1-1 aide in school?
Todd B. Kotler
Todd B. Kotler
answered on Mar 13, 2024

In a word "yes"! It is the demonstrated needs of the child, rather than a diagnostic label that drives what services he or she receives as part of an IEP. If you plan to make an argument that he should receive a 1 to 1 aide, then you need to be able to point to the collected data (from... View More

3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 12, 2024

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the...
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3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

James L. Arrasmith
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answered on Mar 13, 2024

When a hospital files for bankruptcy, it does not necessarily mean that all of its outstanding debts are automatically wiped out. The specifics of what happens to the hospital's debts depend on the type of bankruptcy filed (Chapter 7, 11, or 13) and the court's decisions during the... View More

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1 Answer | Asked in Immigration Law for Illinois on
Q: Hi, I’m on H1B visa, working for IT company. Can I create art in USA within my free time and sell in other countries?

Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?

Please let me know. Thank you!

James L. Arrasmith
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answered on Mar 11, 2024

As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:

1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other...
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1 Answer | Asked in Tax Law and Business Law for Illinois on
Q: Can I offer a tax write-off form for my book drive customers when specific purchases go directly to charity?

I'm an author and have set up a book drive to benefit two specific, well-known charities. People can purchase the books at a discount from me, and then I will either ship or drive the books to the donation drop-off point. The buyers do not receive any physical items: they are purchasing for... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding your questions about offering tax write-offs for your book drive:

1. Offering a tax write-off form to customers:

- As an individual author, you cannot directly offer tax write-off forms to your customers. Only qualified 501(c)(3) charitable organizations can provide donors...
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1 Answer | Asked in Tax Law and Federal Crimes for Illinois on
Q: Do I have any options to amend a 2019 tax return or sue my accountant for his mistakes causing an overpayment on taxes?

I am aware of the three year amendment limitation for tax refunds. And I did read that it states "GENERALLY" three years. Are there any extensions to this rule or

other procedure to file an amendment? Or is this rule set in stone. Also, regarding the two year limitation on filing... View More

James L. Arrasmith
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answered on Mar 11, 2024

Regarding amending your 2019 tax return, the general rule is that you have three years from the original due date of the return or two years from the date you paid the tax, whichever is later, to file an amended return and claim a refund. However, there are some exceptions to this rule:

1....
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1 Answer | Asked in Tax Law for Illinois on
Q: I just discovered my employer failed to take out federal taxes yet took out state taxes. They will not meet with me.

I completed a W4 when I was hired. I am a salaried employee. I have contacted them three times in the past two weeks and they refuse to respond. What can I do?

James L. Arrasmith
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answered on Mar 8, 2024

Discovering that your employer has not deducted federal taxes from your salary, despite taking out state taxes, can be distressing and potentially lead to complications with the IRS. The first step is to ensure that you have documented your attempts to contact your employer about this issue. Keep... View More

1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

James L. Arrasmith
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answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Can a city cop in Illinois pull u over and arrest you outside city limits
Theodore J. Harvatin
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answered on Mar 7, 2024

If he observed you committing the offense in his jurisdiction and followed you to another jurisdiction definitely. If he saw you committing the offense in another jurisdiction, while he was in his jurisdiction, highly likely that he can. Most jurisdictions have cross jurisdiction agreements.

1 Answer | Asked in Landlord - Tenant and Domestic Violence for Illinois on
Q: Is it possible to get my security deposit back as a victim of domestic violence?

The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More

James L. Arrasmith
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answered on Mar 6, 2024

In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: I have a judgement against me so can I be forced to sell my home if my homes equity is less than the judgement amount
Bryan R. Bagdady
Bryan R. Bagdady
answered on Mar 6, 2024

The answer to your question is not dependent upon a comparison of the equity to the judgment. Rather, you need to identify what part of your equity is exempt. In Illinois, a homeowner has a $15,000 exemption for the equity in their home. Double that for a married couple. If the equity exceeds the... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Illinois on
Q: My ex is threatening with charging me income tax for claiming my son. Can he do this?

I have been separated from my son’s father for over a year. Never married. No court order for parenting time or child support. He always claimed our son on income tax returns. This year I claimed our son. My son’s father had his W4 setup to claim 1 and is telling me he’s going to charge me... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations involving tax claims on dependents, the right to claim a child on a tax return typically depends on IRS rules concerning custodial and non-custodial parents. If you have provided the majority of the support for your son and he has lived with you for more than half of the year, you... View More

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