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Found 220 results

  1. My court appointed lawyer is handling my appeal for a motion that was denied on sentence reduction. I had received a 6 year sentence at 50% I have already completed my time when my appeal was finally brought back to court. the states attorney has offered me to wipe clean the court fees of almost $400.00. I refused that offer and want to continue with the reduction of my sentence. today in court my lawyer and the states attorney had their pow-wow. my lawyer tells me that if I peruse with my decision and win my appeal that the IDOC could order me to go back to prison and do an additional 60 days. how is this right? can it really be done? I have completed my sentence already. my goal is to have the sentence reduced to a 3 year sentence which would change my parole time from 2 years to one year. my parole officer has already said to me that she would cut my parole time in half. if I win (like I should) that would be 6 months, I have already got that in. so my goal is to be released from parole. but now the states attorney is threatening me with this IDOC thing. is there a case I can refer to that would benefit me? any help would be grateful. and could that help be sent to my E-mail addy. mcgrew_59@yahoo.com ( I am 58 years old I don't need to do another day locked up. I would loss everything I have gained while released. car, apartment, credit. back to zero. I need your help. thank you.
  2. Hello, everyone, I am in need of advice, I am a young man in my mid-20s who has a 1-month-old baby boy with my girlfriend a wonderful woman also in her mid-20s. We both have decent jobs and own our own home, all in all, we are responsible and well off for our age. everything in life was peachy until we had brought our child home from the hospital. a week into having our child home we had come to the realization that there was a dark ambiance and something wasn't right, my girlfriend had started to suffer from post-partum depression. as we tried to deal with this PPD from home we came to the conclusion that the PPD was far too severe to deal with alone at home, so seeking out help from a psychologist we find that the trigger of the PPD was the baby. In hopes to treat her, we had reached out to her sister, our child's aunt to take care of our son from her home. the Aunt is a woman in her early 30s that is well off, she has a job to where she makes good money and can choose her own schedule. so with that being said, we thought she was the most practical person to watch over our son while her sister recovers. the Aunt is an extream person, she is very controlling and eccentric, but one of the most responsible people we know, in the past few years the aunt and her husband have been trying to conceive but have failed repeatedly, she suffers from her own depression because of this. with that being said she may not be the best candidate to be the care taker of the child, but she is the best option we have. she has been watching our son for 3 weeks now and is doing a great job, things had gotten ugly though when I had gone to pick up my child to take him to visit my side of the family. she had broken down in hysterics refused to let me take him. so being the manipulator that she is she convinced my girlfriend to side with her and that is was bad for him to leave the house. so it put me in a rock in a hard place, tempers flared and the fighting ensued. while this has been going on my girlfriends PPD had started to worsen. she is at the point where she is thinking suicidal thoughts and having episodes of giving up the baby. her sister documented everything and asked her many questions on where the baby should go and who he should be given custody if she doesn't get better soon and has to be admitted somewhere. I am extremely fearfull. that the aunt will try to take my child from me. my girlfriend is in no place and is not capable at the moment to be care giver of this child.. but I am. What should I do to stop her in her tracks if the Aunt does plan on taking my son? If the Aunt makes it far enough to take it to court, what will happen? what can I do? I am scared and need help!
  3. I have a question that I hope someone can shed some light on for me. I manage a large apartment complex, within the last year we have been getting bed bugs in various apartments at an increasing pace. We do have a licensed professional extermination service come and take care of each outbreak. It does not seem to be helping. Residents visit and stay with each other all the time and it just gets spread back and forth and outwards. I have a paralizing fear of any type of insect, I am finding it increasingly difficult to even bring myself to work each day. I feel that the quality of my work is slipping because I do everything I can to avoid coming into contact with tenants and apartments that are affected. If I quit, would I be able to collect unemployment until I can find another suitable employer?
  4. I went to the Family Dental Care in Oak lawn, IL. for a consultation, exam and x-rays. The dentist gave me a pre-estimate for dental work. I gave them a check for 1,462.50 but later that day I decided not to go back to there office. No work was perform. I called to inform them I change my mind and I need to come to the office to pick up my check. No services was provided by this office .The staff claim they couldn't locate my check. I stop payment immediately on the check. I received a letter recently from a bill collector that I owe them $1,462.50. I called the office to ask how can I owe you this amount when there was no services provided and I have dental insurance? My question who can I contact to get this issue resolved?
  5. I have a neighbor who is noisy and inconsiderate (barking dogs, calling in the 4 cats at all hours, draining his pool so it floods our yard, loud arguments, loud music, frequent outdoor entertaining, security light shining in our living room, etc.) , and has been that way for 10+ years. The backyards are close and we can hear everything they do in theirs. Recently, he was drinking (we assume) and using bad language on his deck, which is near the property line. It went on for the entire afternoon of July 4. He got louder and more profane and started saying really offensive things. Finally, I told him his language was offensive and he was very loud. He proceeded to shout loudly at me, sayin F--- you, F--- off, F--- her repeatedly, maybe a dozen times. It was alarming. I didn't say anything else. Because of his outburst, which was sudden, violent, and frankly, scary, my husband and are feeling threatened by him and don't know what to do. Talking to him is out of the question at this point, unless he apologizes, which is unlikely. Our Police Department is unhelpful; they say to call 911 when we feel threatened. We're thinking of getting a restraining order. Any advice?
  6. My wife and I just moved to Illinois and we need to update our wills. Currently we are renting and own no property, but that may change in the future. Our accounts are in both of our names as is our cars. It is being recommended to us to set up a living trust, wills, powers of attorney for health care and property, and living will. My question is the living trust. I know this eliminates probate. Does it sound really necessary for me? I'm being told that the costs would range between $2500 - $3000 for the whole package. I'm assuming there would be on going costs to maintain the living trust as things change. Any views would be appreciated.
  7. Who has rights to medical records of 18 year old who is deceased? The mother or the legal guardian.
  8. My Co- Worker has a daughter who is 24 years old. Her child is 18 months old. His daughter and the child's father are not married and were living together with Chuck, her father. They broke up, still never married and never made any type of an agreement about custody. About 4 weeks ago Kristina brought Elijha (baby) to spend some time with the father. Then she started calling him and he never picked up the phone or returned calls. She has driven by the home and his cars are not there. They went to the house with the Naperville Police Department and nobody opened the door. His car was in driveway. Naperville Police did get ahold of the father and they told him to call Kristina and work it work it out. He did call her and agreed to allow her to pick up the child. She went to pick up the child and when she got there he refused to hand over the baby. He said he would make a better parent. She went to Will County.. The Judge gave her an order of protection to remove the child from the father. That day, she took that letter to DuPage County to serve him. They can't find him anywhere. He has Familly in Florida. What else can he do at this point? Bude
  9. My pets have been in the home since i move in in November 2017 . So my landlord came by and told me to get rid of them because he cant come in the yard or move my dogs when he needs too. Can he evict me?
  10. I lives in an apartment and for 8 months my ceiling has been falling in and leaking from the apartment bathroom upstairs. Now since i call the health department on him i have been served with eviction
  11. I am an Indian national residing in Chicago, IL with a valid H1-B visa (2nd extensions). I also have my GC process (EB2) in progress and have my I-140 approved. I am due for my H1B extension this year and have received my approval I-797 notice last week. Background Information: I ran into an incident last year where a Dr. from whom I request a refund becasue it did not provide the necessary results filed a petition of protective order. Even after I retracted my request for refund, his legal team threatened me of civil action if I did not sign a mutual no contact and disparagement agreement. I hire legal counsel to represent me and it is now moving towards a settlement . Dr. attorney also informed they had filed a police compliant; I was never informed about it or received any communication around the same. The settlement would include a partial refund, dismissal of the petition and mutual release, no contact and disparagement. Questions: 1. Will the above go on my public records in a way that could hurt me in my immigration process (H1B extension or GC processing) even if as part of settlement the petition is dismissed ? NOTE: I received my approval I-797 notice even though the petition for protective order was filed before that 2. What steps can I take to minimize impact of the above ( petition and potentially filed police complaint) - expunge or seal my record once the petition is dismissed ? NOTE: There was no arrest or criminal record 3. In the visa questionnaire form for my stamping, there are no questions about any civil petitions only criminal records - do I need to call this out ? 4. Anything else that I should request as part of this settlement to minimize impact on public record
  12. Found guilty of 1st degree murder at trial. They put all responsibility on the defendant for the crime. No evidence or testimony that more than one person committed the crime. State alleged though that another person scoped out the murder scene. They charged that person with obstruction & that person was acquitted. Not charged with anything else. Trial over and sentencing is scheduled. Yet, the State still giving defense current monitoring discovery on the defendant; copies of phone calls, copies of confiscated paperwork, still using snitches. The evidence was weak against the defendant, and the defendant should not have been convicted and probably wouldn't have been if his attorney had done a better job at trial. The State continuation of the murder investigation seems to indicate that the State knows the wrong person was convicted and is either still looking the find the correct person or else the State knows the evidence at trial was so weak the case will be back on appeal and it is hoping to find more evidence against the defendant to use then. Either way, is the State allowed to investigate and monitor the defendant indefinitely before sentencing, after sentencing, and then all thru the rest of his life sentence in prison even after he is sentenced? Is there no point that this stops?
  13. we have been renting for 3yr's and never been late with rent, My nine-year old daughter has juvenile diabetes so the Doctor told us that it would be a good idea to get her a dog as a companion to help her cope with stress. So that's what we did when out and got her a dog and had him certified as a service dog legally and presented the paperwork to the apartment complex. Now it's been about 6 month and started getting notices from the office that my daughter is not picking up after the dog (did I mention that they didn't say you're daughter , they actually send a letter that stated her name and that she is not picking up after the dog and that I'm going to be charged $50 fine ) which is not true and the office tell me that they had numerous complaints from four different people that's what they are saying. When I ask for proof of this allegations they said nothing. I do have a neighbor that lives next to me and they don't like dogs. What can I do because this feels like harassment to me. Do I get rid-off the dog or Do I fight this?
  14. My neighbor contracted America's Backyard to install a backyard fence last spring. I don't have a fence. I don't know how far or close their fence is or isn't on my property. Last Wednesday, my power cut out as soon as I turned on my air conditioner. Only certain areas in the house were powered. ComEd arrived a few days later to install a jumper. One of my two lines was damaged. The serviceman said that the damage was caused either by rain or by my neighbor's fence. He said that I could not use the air conditioner until the lines were repaired. (I stopped replacing my window screens because birds kept tearing them for nesting material.) ComEd came out this morning to repair the lines. The crew members confirmed that two posts in my neighbor's fence cut my lines and damaged them. To repair it, they had to dig a deep,3x5 foot hole in my yard, moving my lines over and deeper to prevent future damage. Of course they didn't care how it looked when finished. Landscaping isn't their job. ComEd said that I wouldn't be charged for repairs. My neighbors weren't home this morning. According to the crew members, it isn't worth going to my insurance company. To repair the damage, it's going to cost me time,labor,money,and higher water bills. The attached picture is after this morning's ComEd repair. Is there anything that I can do? Or do I have no choice but to be quiet and bear it? Any advice is appreciated! Thank you very much!
  15. Every so often, my girlfriend will stay over for a few nights in a row(never more than 2 days in a row). She leaves when I leave for work in the morning, and then she returns after I have arrived home. The other day, my girlfriend ran into my landlord as she was leaving the apartment. My landlord called me tonight asking for clarity on who she was and stating she does not want my girlfriend staying over. She stated that no one is allowed allowed to stay for more than a two week period during a lease year. The specific part in the lease that she's referring to is as follows: Use of Premises: Unless agreed to in writing by the Landlord, no person not listed in the application may occupy the Premises for more than a single two week period, during any single year of the lease term. & The apartment shall only be occupied by the signed lessees on lease. No person not listed on the lease may occupy the apartment for more than a single week period during any single period during the lease year with first notifying the lessor. My question: What do these statements exactly mean? What does occupy mean in terms of rental law? My girlfriend does NOT live here, only stays a couple of nights in a row every so often. Does that count as occupying the apartment? Am I allowed to have more than one instance of people staying over? Would like some clarity before I have my girlfriend stay over again.
  16. On March 24, 1995, I was adjudged guilty of the offense Attempt Sexual Assault (720 ILCS, 5/8-4(a)), and on May 12, 1995, sentenced to five (5) years in the Illinois Department of Corrections. In addition to the sentence, I was mandated to register as a sex offender for a period of ten (10) years. Sometime towards the end of the year 2019, my wife and I will be moving to the State of Florida. My wife’s family is established in the Tampa area having moved there some eighteen (18) years ago. I have been informed that if I establish a residence in the State of Florida, although no longer being a registered sex offender, having satisfied the terms and conditions imposed on me by the Eighteenth Judicial Circuit Court, DuPage County, Illinois, I would have to “re-register” with the State of Florida. Having to “re-register” as a sex offender in the State of Florida would not only violate the Fifth and Fourteenth Amendments of the United States Constitution, it would be a denial of Procedural and Substantive Due Process and violate my Civil Liberties. Due Process would clearly be impossible and/or inapplicable without violating the Fifth Amendment Double Jeopardy clause. The State of Florida claims that my registration would not be further “punishment”, that it is solely for the safety of it’s residents and visitors. Yet the restrictions imposed by being a registered sex offender in the State of Florida would restrict my liberties to such an extent, that it would fall nothing short of punishment. The mere definition of Civil Liberties implies: “the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech”. It cannot be denied that restrictions on choice of residence, employment, to name a few, and the freedom of movement within and outside of the State of Florida falls within the scope of “freedom of action”. It is paramount to note that the dismissal of a person’s fundamental Federal Constitutional rights guaranteed by the United States Constitution is everything this Country has fought against since it’s enactment on September 17, 1787. To discriminate based on any merit flies in the face of it’s foundation. There is nothing arbitrary about it.
  17. So in my county the emancipation packet says that you should be living alone before you file. My question is most landlords won't rent to someone under 16 so how do I prove I can live alone? Is it just a matter of finding that one landlord that will rent to me?
  18. I was seeing a therapist (LCSW) for issues related to my divorce, and a few childhood issues. We grew very close and had a great professional relationship. Almost a year in my therapist recommended a yoga studio she goes to and encouraged me to go. We talked about boundaries as I didn't want to cross hers and she was ok with me going. I did end up going and was sexually assaulted by one of the yoga instructors. I did my best to tell her, but she told me I was over reacting and I hid what happened to me. I did continue to see her. I did eventually reported my attack to the police, and to my therapist. But it had past the statue of limitations so nothing could be done to the person who attacked me. Since I had continued to see my therapist and she had a complete history on me, knew my whole story, I didn't want to have to start over with a all new therapist. I believed at the time, and still do that she made a bad mistake, she didn't do it purposely. We made an agreement that she couldn't continue to be in classes with this yoga instructor, or take classes from him. We live in a smaller community and the instructor teaches at 5 different studios in the area. Since she agreed to not associate with the yoga instructor, we continued our therapeutic relationship. After we continued, I found out she continued to attend the same classes he did, take classes from him, and I found out they are friends on Facebook. I called her out on this and she claimed it wasn't a conflict of interest. I've since lost trust in her and left her services. It's been very difficult for me to trust any new therapist, and I've since had to quick my job due to stress related to both the attack and being lied to by my therapist. After I started working with a psychologist, my psychologist thinks she violated quite a few other ethical guidelines also Do I have a case here? I'm looking to report her, but it's difficult to find a lawyer who handles therapeutic malpractice.
  19. So my daughter is 9 years old and my husband wants to adopt her. Her biological father hasn't been around in 8 years. We recently sent him the summons for the court date of the adoption and he filed a response today. I'm wondering if there is anything her biological father can do to stop the adoption. He doesn't pay child support and my daughter doesn't know who his and doesn't want to know him. Please help
  20. I had undergone a cosmetic hair procedure with a Dr. in Chicago, IL in 2015 and after 10-12 months felt I did not get any noticeable results. I spoke to Dr and he just offered to do another procedure for free w/o explaining what went wrong and why it would work second time. I reached out to an online forum to ask people's opinion on what to do next (simply stated the facts about my results and my opinion that I didn't see any noticeable results and it might even get worse). Additionally, I reached out the Dr. to request for a full refund as I was unsatisfied with my results. His team offered partial refund that I refused and informed him I would share my experience online on forums. Few months later, I was reached out by the Doctor's attorney to not attempt any defamatory statements about Dr. abilities and performance. When I requested for evidence he was unable to provide me any. I requested a HT expert/mentor from an online forum to act as a mediator and see if we could settle this amicably. The Dr. and legal team now offered ~30% refund with me signing a confidentiality a agreement. They threatened to sue me for extortion if I did not do the same as I was requesting a refund. I simply refused their offer and officially withdrew my request for any refund now or in future. I thought that would put matters to rest and will not be bothered by them again. However, their legal team has asked me to enter into a mutual non-disparagement and confidentiality agreement failing which they would proceed with civil action for Dr. to protect himself and his business. Appreciate inputs from this forum on the following: - Is the above just harassment and empty threat or they have any probable cause for civil action ? - Based on discussion that my mediator had with their legal team, they mentioned about an attempt to extortion because of the original request for full refund. Can they still file a case of extortion against me when I have officially withdrawn my request for any refund ? - Based on discussion that my mediator had with their legal team, they mentioned about filling an injunction and proceeding with discovery ? Can they pursue that and on what grounds ? What should I do to just be prepared if they take that action ? - As mentioned, I had made an online post on a forum last year in April. Where I had stated all the facts of my case, but had also expressed my opinion that " I don’t see any positive results and feel it has even got worse. Can that be used in any way against me ? I believe the statue of limitation in IL for defamation is 1 year and this post has been over a year - Should I be logging a complaint with IL Department of Public Health and/or Cook County State Attorney about the harassment and bullying from their end to sign a non-confidentiality agreement ? - On further research online , I did uncover another thing that there is an existing Medical malpractice suit against this doctor for negligence. That the same legal team is defending. Should I inform them my knowledge of the same ? Appreciate any assistance or guidance.
  21. I need to know what is the statue of limitations on a drug charge for a non resident of illinois
  22. Is it error when a prosecutor speculates to the jury as to what a witness was thinking at the time or why the witness did something if that witness did not testify to that a fact during the trial? And, if so, what type of error does the prosecutor commit? Example: A witness testifies that she saw a strange woman parked on a street in a car. She described the woman at trial and the car and then said she identified her as a particular person later in a police photo lineup. Prosecutor in closing says: The witness didn't even know that what she saw was important until when? Until ____ is killed. And what are they doing? Like any good neighbor, Oh, gee. I saw a strange person in my neighborhood the day before. Oh gee. I saw a strange woman. And, wow, she was in that car that people are describing. I need to tell the police that. The witness did not testify about anything the prosecutor said. Although she spoke to the police she did not say she called them or how that came about. She did not describe what motivated her to call them what she was thinking or that she heard anything from anyone about the description of a particular car. Did the prosecutor misrepresent what the witness said, put words in the witnesses mouth, ascribe motives to her which are just speculation, or what? Should the defense have objected to this and if so what objections should he have made?
  23. One morning during a murder trial, the judge went on record (outside of jury's presence) that the night before (after the defendant had been left the courtroom) the judge had been told by the jury staff that the spouse of a case juror had called in wanting to also do jury service. This juror's spouse had gotten a notice and initially sent in a reason to be medically excused but now changed their mind and wanted to be on a jury. The judge said that he'd contacted the parties as soon as he got this info, but that as the contact to the court was not from the juror sitting on the case, and because there was no statement from the case juror but only from the spouse who is not involved in the trial, that he was merely noting it for the record, but that it was not an issue. The defendant asks if this action by the judge and parties is proper for a couple of reasons: He believes his presence is required in all situations in which information pertaining to the jury is discussed by the parties; even initially, and that the judge meeting with his Public Defender and the State to advise them of the information was improper in his absence. Particularly since the information was not an urgent matter and could have been entirely presented the next morning when everyone was present. Even though his Public Defender was present in his behalf, his PD did not later inform him that this had occurred. He is also concerned that the judge and parties basically minimized this event for the record and that the discussion between the parties was probably not memorialized any place so he has no real assurance or way to find out the specifics now about what really happened. Is the defendant correct that this matter should have been handled on record with him present at the outset and is this an appeal issue? Secondly, during the trial, the court decided that because he is in custody, that he could not accompany his PD whenever the parties conferenced in the backroom outside of the presence of the jury, because 2 security officers would have to also accompany him and that would make him look bad in the eyes of the jury. The judge said that, instead his PD would fill him in after as to what happened. The defendant wonders if this too was proper, because he does not believe it would have been necessary for the two security officers to accompany him to confer with the other parties, and secondly, as the trial went on, his PD only advised him of what happened in conference the first two times and then after that just kept telling him each time that "it wasn't anything important". The defendant wants to know if this is now an appeal issue for him? Third, the defendant believes the jury perceived that his PD physically disassociated from him at the counsel table. The PD seated the defendant at the end of the table with one seat between them occupied by the 2nd chair PD, unlike the course of the case up to then with the defendant in the middle. Then during trial, the 2nd chair PD ignored most of the comments and notes the defendant tried (in a low-key manner) to get him to pass to the PD. Throughout the trial, the PD did not solicit his imput and rarely even spoke to him. The defendant asks if this is also an appeal issue for him? Although this was a murder trial, the defendant had a minor felony record and no prior violent convictions or behavior. The defendant appreciates your help in answering his questions.
  24. I was the successor trustee of a relative's trust after he was declared incompetent by his doctor. A family member plans to sue me because he did not like his share of the trust after the relative died. There was no income involved only the assets. Suppose that he can get the will and trust set aside and I have to pay him what he wants. Is that money than deductible on my personal income tax?
  25. A person completed some work at my mother's property last year. there was no contract written prior to the work being performed nor an agreed upon amount. the work that was suppose to be completed was removal of food left from a previous tenant, repaint, pull up carpet and fix soft spots on subfloor. This person is asking to be compensated for the work, however he just now presented a bill on (4/17/17) because we requested on and the work that he said he completed is not done. For example we do agree that the food was thrown out, the carpet was pulled, and one coat of paint was applied in the living/dining room area only, not the entire house. We've asked him to present receipts outlying materials and labor and he has not. Just a poorly written invoice. I want to dispute the bill however my mother is 82 years old and suffers with aphasia, so she signed the "invoice" not understanding. Is there anything I can do?