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Found 208 results

  1. 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.
  2. 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.
  3. 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?
  4. 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.
  5. 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
  6. 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.
  7. I need to know what is the statue of limitations on a drug charge for a non resident of illinois
  8. 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?
  9. 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?
  10. 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.
  11. 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.
  12. 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?
  13. 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?
  14. My ex and I have had a child support agreement for the past 11 years. We both got our own attorney and everything was great. This past week, we went back to court for child support modification. I figured this would be pretty straight forward and I went through the state. The state found he had a significant change in income since our last court date. Child support was to be raised from $83 a week to $118 a week. I married 2 years ago, and my current husband has put our son on his medical insurance. Father HAS been paying for his half of the insurance...great! except for the attorney gave him credit off his new child support amount for the $80 a month he has been paying for insurance. Which then put my weekly payment back down to $86. I signed the papers, but after I got home and read our original court papers, I realize that insurance is separate from child support in our order. Just like all extra curricular activities and medical expenses are considered a separate expense from child support. Is there anything I can do? I realize partly this was my mistake for not saying something, but honestly I didnt have my papers in front of me and we never stood in front of a judge. Am I screwed now? Is there anything I can do outside of hiring another lawyer? My son is 16 now, so I dont feel like the cost of a attny would be justified...I may be out of luck, but I feel like the attny should have had some basic knowledge of our original court order.
  15. I apologize in advance if this gets lengthy... I just kinda wanted an idea of what I was looking at before I faced an atty and recieved bad but hopefully good news. I couldnt afford an atty when I first had to "settle" with the custody agreement that was offered to me. The atty I did get late in the game didnt seem to fight for me and just told me it was the best I was going to get. My ex made up lies and I had to jump thru hoops to try to prove who I was as a mother and the Guardian at Litem ( Im sure I got that wrong.. but you know what I mean) didnt look into anything I gave her and just took peoples words for what they said. ANYHOW.. TWO YEARS LATER... .My ex refuses to work with me on ANYTHING.. doesnt communicate about dental appts (I take my son to all other appt and have Dr visit notes for the past 2 years showing I took him) doesnt make copies or leave important school info in sons binder til next day so I can copy..nor does he have my son write in journal daily like hes supposed to for past 2 years.. I have both journals to prove that.. speaks badly to me.. and about me to my son.. I have text messages for the last 2 years showing all of this. Plus now its affecting mine and my sons relationship cuz my ex tells him Mommy makes him sick. My son has been experiencing stomach issues for the past month and the Dr believes its stress related. Im going to get him into counseling which my ex insists if I do.. He will take me to court. Accuses me of having many boyfriends.. Ive had 2..yes..my son has met..I have guy friends hes met but just friends.. I smoke..down to 3 cigs a day..smoke outside but my son will come out with me at times. My ex has quit smoking.. He is planning on moving. I dont live in the same school dist but would move if it would help..but its not the best dist in the area.. My son then would be changing schools even with custody not changing. Ive thrown a lot out here I realize.. just didnt know what would matter and what wouldnt. IM A GREAT MOM!! I have a daughter in college I talk to for an hour a day.. He doesnt communicate with his 2 daughters like I do mine. He found out thru me that his one daughter got a DUI.. I knew 30min after it happened.. He found out 3 weeks later.. just saying..this is how involved/not involved with our other children we are. If that matters. I dont work yet he insists my son go to daycare and be with the daycare provider (who ignores me at school and reamed me out for bringing a concern to her attention) more then myself or him during the summer!! How is that good for my son? With what Ive shared...Do I have enough to get residential custody or whatever they are calling it now? I SHOULDNT OF LOST HIM IN THE FIRST PLACE.. BUT THE COURT SYSTEM ISNT ALWAYS FAIR WHEN U DONT HAVE AN ATTY. I GET THAT.. So looking forward to your honest opinions... psmuckers
  16. My father recently passed away. He did not own any property but has a bank account. Once we pay all his medical bills/credit cards, what do we have to do to close out his accounts? We will probably wait 6 months but just wondering what we need to do.
  17. Hi, While my car has been going north straight on the main street, other car ftom the side street failed to yield turning left and proceed to intersection, and causing a collision with my car. Although I tried to brake and honks, my car has been hit and my car's front has been damaged badly. No personal injury. I have the police report too, the other car was issued a citation. Even the other party admits that it is his fault, but the claimant adjustor doesn't want to pay full. They decided that I didint make effort to stop car coz i am in 3rd lane and I should see other car coming . Final decision is they can pay 80 coz of my comparative negligence. I dont know whether lucky or unlucky that we both have same insurance company. My claim agent even teamed up with claimant adjustor and told me that it is part of my fault too. After they made decision, I am able to retrieve the nearby surveillance video clip from accident site, it is showing that my car was trying to slow down while the other car was coming, then my car almost stops and other car cannot stip and hits me. I have only liability coverage only. So, my question is that I should show them the clip and negotiate? OR go to claims court directly? I dont want the insurance fees go up coz it is not my fault. My car is stranded in tow car lot too. Pls give some suggestion.Thanks, I am from illinois.
  18. The attorney controls strategy for a client's criminal trial. Is the attorney still in charge of strategy after trial, and if so, until what point in appeal? Or, is the client back to relying upon himself once trial is concluded? Whose decision is it to file post-trial motions, request a Krankel hearing if desired, and to determine whether or not to appeal and file any appeal? Also, what happens to any notes jurors took during trial? Thank-you in advance for any information about these matters.
  19. If in murder investigation 5 yrs ago u were charged with Obstruction of justice and later acquitted, can you be re-charged with OJ if they now claim you did something else 5 yrs ago?
  20. What is the protocol for contacting jurors after trial to try to find out why they made the decision they did? Are there rules for who can contact them and how it is supposed to be done? And, how soon after trial can one do this?
  21. Hello and thank you in advance. I live in Illinois. I am 60 and a year or so away from my company being sold that would bring in options worth $2.5 million and owned/purchased stock worth $1 million. I will retire after the sale. My girlfriend and her daughter moved in almost 2 years ago. Daughter is 19 and in school. They have lousy insurance and I would like to add them onto my company insurance by making her my domestic partner. Obviously I care about both of them, but at the same time I am too old to build up another nest egg so I want to 100% protect my stock options and purchased share assets. Is it possible to make her my domestic partner and still have sole access and control over my stock and options? Thanks W
  22. I want to know how this happens? A court order was made in 1997 and I have gotten ONE payment! HFS says they won't look for him anymore! Funny how the State was able to find me and make me pay them back!! I want what's owed to me. All I know is that the NCP is having a good side-splitting, tear streaking laugh at the court system because he's been able to thumb his nose at the Judge for twenty years!! What do I have to do to get my child support arrears? I still have an open and active case.
  23. A cell phone company's billing date is the 19th of the month for me, so I don't receive the bill until the 21st or 22nd. It is due on the 3rd of next month. So for the March 3rd due date, I have 10 days or less to send in my payment (US mail) and have it credited to my account before being late. This means to be safe, I have to have it in the mail in less than a week. Seems unreasonable. Most other bills I have for three weeks before I have to act upon. Is there a law giving consumers 30 days (or any other number of days) to pay, or do the companies get to make up their own requirements? Thanks.
  24. I receive financial aid from the state which also requires me to go after Child Support from my twins' father. I have grounds for Involuntary Rights Revocation but I want to know, before I proceed with the legal route, if he still has to pay child support once his rights are revoked. I really need the child support (but he doesn't pay as it is) and I am just afraid of losing it; BUT at the same time I do not want the chance of him trying to go after custody of them.
  25. Hey all, Starting to look and see if there is a family trust connected to my immediate or previous generation. I am not sure where to start and am hoping this site will offer some key starting points. I am unsure if a trust was created in Wisconsin or Illinois. I know a few names it maybe under so if I knew the places to search I could input a few likely matches. Is it likely a trust maybe setup in another state than where the one setting it up may reside? If it is in one of the states listed above, what are the avenues to investigate? Any searching you know or have done in the past without a lawyer to yield results would be greatly appreciated to know. Thanks for your time! Looking.