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Found 192 results

  1. What is the legal basis, the legal justification, for withholding or not reviewing discovery with a client in Illinois? I have a private attorney. I know my charges. They are false charges. After many delays and continuances, making discovery requests, and receiving police reports and other documents; I still have not reviewed these documents with counsel. He mumbles various excuses, we plan to meet to review, but it doesn't happen. I ask him about this and he claims he's unable to show me. But, he doesn't point to a specific rule, statute or procedure governing this denial. I know he's busy, but he does meet with me, so it's not a time issue or that he's too busy. I've asked others and discussed the matter, not anything about my case or those issues, just this one matter of case review. Many say, "that's how it's done in Illinois". But, no one can answer... why? The reason is seems illusive or difficult to define. I've tried to Google the meaning or terms, but I am having a hard time defining the problem. Discovery review? So, FindLaw, why do attorneys in Illinois not review or withhold discovery from their clients? Thanks, for any help you may provide!
  2. I had got 30 months probation for possesion of parahenalia. along with 45 days credit jail time and fine. While on probation I was accused of a retail theft , which was enhanced to a class 4 felony, for which I recieved a remand to a treatment facility. After a suspension and unsuccessful attempt at rehabilitation, I caught a class A misdemeanor which carries one year. I have 22 months in on the 30 month probation, and the new charge carries up to a year. There is a petition to vacate probation because of the new case. I have not been indicted on the class A for more than 60 days. I would like to know why Im still here, if my time is up, or how long does the state have to tell me their intentions with regards to the misdemeanor. And do I get day for day for the year I might be facing, and do Iget day for day for the time Ihave been sitting? Any help to this cunfusion willl be so helpful...thanks for looking....
  3. I need information on leaving and expatriotating the country in lieu of prosecution. I know we have the 14th amendment right and the 401 nationalization act right to expatriate, but I need case examples of the right being used instead of going to trial or prosecution (State or federal)... Does anyone know of cases or can anyone look cases up for me? Thank you in advance!
  4. does anyone have or find a list of condemned prisons in Illinois. I eard some have been declared condemed but are still being used. Any information on this subject will be much appreciated....
  5. I was arrested on a aggravated unlawful use of a firearm at a graduation .. now the officer never had a probable cause he said hey in a crowd of people i looked and proceeded to walk off he then tackled me in a crowd of people and after he and his partner cuffed me they picked a firearm up (without any gloves) and jagged it took a bullet out of the head and released the magazine in it and charged me with a uuw
  6. I'm in Winnebago County Jail. Next month I am either headed to trial or taking The plea Bargain offered to me. I expect to be in prison soon. Since i was 14 years old i have heard thousands and thousands of stories about prison. When i was in IDJJ ( St. Charles, Harrisburg, Kewanee )I was alwaysgiven a one-man-cell because of my history. I want to be placed in a one man cell when get to prison. but i dont want to be placed in segregation or be barred from working or socializing while incarcerated. to put it bluntly im looking for the best way to get what i want. what i want is a cell by myself or to be placed with peope like me i identify as gay. What can i tell the Intake prison orthe prison i go to toomost likely get placed in a cell by myself?
  7. There are many people in Jail or Prison who do not get proper medical help. Lets say I am in prison and i get bitten by a poisenous bug. I contact the nurses office and let them know im in need medical attention.but they say its just scratch or something and it will go away.but it doesnt and it gets worse as spider bites often do. (brown recluse) and They then help me but not fast enough and eventually they take me to the hospital where i get the help I need. is this medical malpractice? How can i make sure i get the help i need? and what can i do if dont?
  8. CAN A OFFICER GO INSIDE A PERSON SHOE FOR DRUGS
  9. Appointed counsel has frequently asked the court if he/she and his/her office can withdraw or be removed from representing a client due to conflict. The judge denies these requests. So, counsel next sends an investigator from the PD office to interview his/her client and review police reports and do investigative work. The investigator in question has a personal and professional relationship with many of the state and defense witnesses and makes his/her bias openly known to the client, often siding with his/her associates against the client. Previous counsel has not used this investigator for this case due to his/her professed conflicts, but the current appointed counsel insists on this assignment. Is there a procedure in Illinois for removing a investigator from a case? Is it all up to the attorney managing the case? If counsel is deemed to not be conflicted, does that cover his/her choices of third-party support staff? Is the purposeful assignment of a possibly conflicted support staff prejudical or a conflict in and of itself?
  10. I had an EKG done in March 2016, and the Cardiologist told me all is well, it looked normal and not worry. He didn't seem concerned about my questions about shortness of breath, and my left arm feeling heavy when I exercised, and only seemed interested in talking to me about the latest cholesterol lowering drugs. Two months later I had a sextuple bypass. After I had left the office, I was angry that my concerns weren't listened to and he only wanted to talk about drugs. The next day, I was also able to see the results of the EKG that did indeed say some abnormality was present. So I went and sought a second opinion from another practice that included another EKG, Stress test and Echocardiogram that did indeed show some "Area of Concern". I brought this back to the first practice - albeit with a different Doctor - and he agreed, yes, this should be looked into further. We scheduled an Angiogram so see what's going on, and after that they recommended the bypass. Now some back story - I had a heart attack in 2003, and two stents put in at the time. I had started seeing this first Cardiologist regularly after this. Two years later in 2005, after an abnormal Stress test, I ended up having three more installed. For the first few years after the heart attack, I worked with this Doctor trying every cholesterol medication available, but I cannot tolerate them. After a few more years, I was always told my EKG's were normal, my heart had healed to the point where the previous heart attack was almost indiscernible, and even though my cholesterol was high, I was very healthy. I understand his desire to see me on a medication I could tolerate, but the fact that he ignored my concerns about symptoms, and given my history, and the EKG report, I have a few questions: 1) Is this considered Malpractice? 2) Considering I was proactive in my own care, is this considered Delay of Care? 3) Is this a worthwhile case to pursue? 4) Is it likely that if pursued, legal or not, I'd pretty much be blacklisted from this hospital and/or medical practice? Thanks in advance... Bob
  11. somone who is bi-polar be a reason to have there statment or testamoni withheld or withdrawn from court ?
  12. went to court yesterday judge asked if the inditement was ready prosecuter said grande jury was going to that afternoon i called pd office today they said they didnt indite and i would be going back to court next week on the inditement i have been locked up for 30 days tomorow whatdoes this mean are they still bringing chareges is this good thing for me any replies thanks.
  13. I have 2 grown sons and was just divorced from my wife. I have not talked to them in over 17 months. I am in jail on unrelated charges from them or my ex. I miss my sons so much. We never had any bad times together and have no idea on why she divorced me. How can I tell this to my sons..I write to them and have tried calling them all the time and they have not written me or will answer the phone. Any suggestions?? I lost all contact on the day I was arrested yet they both told me that day that they would be here for me. I feel that I have died on that day since I feel that they hate me now and have since my arrest date.. I am so hurt and devestated.. please help....
  14. Lets say I am being held in a county jail pending trial or resolution of a criminal matter but I am being recklessly mistreated for serious medical needs by medical in that jail; Can U.S. District court intervene and secure my 14th amendment rights? Maybe take jurisdiction over my custody in that jail?
  15. I work in a wealthy school district that has litigious parents. We have a family that has sued every school this student has ever attended. Now the student (student A) is in a therapeutic high school and runs the students and administration. In one day he threatened harm to 5 different female staff with no consequence. Recently he said he would hurt a female staff and the administrator went to the woman and told her to avoid this student as he wanted to hurt her. She went back to her classroom and locked the door. It is common knowledge that he has a problem with women. He has verbally harassed almost everyone in the building at one time or another. Most staff now look away rather than write things up. I continue to write up incidences, but then am referred to as the student's trigger. Yesterday this student was being unkind to an African American boy that we have been told to be watchful of as he tends to bully the boy. When I intervened and wrote up the incident student A called mom, which is what he does when he is upset. Administration is afraid to be sued and instead I was asked to model the behavior we expect from student A by apologizing. I said that I had done nothing wrong. The administrator disagrees, saying that I could have chosen different words when at one point I told student A -who was not backing down, to close or shut his mouth. I am being pressured to smooth this over. I said I would be willing to meet with the student in a meeting Monday. I know this meeting has been set to make nice before Mom comes in. I have had severe headaches at times regarding situations with this student and the lack of management support. Is there anything legal I can do to change the school environment and feel safe?
  16. Can a class 2 Arson sentenced to 4 years day-for-day, as a first time offender, receive ssc (suplemental sentencing credit)? 3 months or the 6 months? And as a first time offender, if with jail credit my time is served, will i be released immeiately? Or do i have to serve 61 days? This guy has 20 months credit. if he takes a 3 year plea ( day-for-day) will he be released the same day?
  17. American Debt Recovery services is this a real company or scammers asked for license number telephone number ect only send emails and fake addresses
  18. What are some of the best companies to use to learn how to maximize online marketing and video blogs?
  19. A defendant loses at trial. She appeals and is denied. She then files a collateral post-conviction petition claiming denial of her constitutional right to assist in her own defense. Counsel was uncommunicative. He did not interview witnesses. He did not meet with his client. He did not want help or his clients assistance. To what extent does a defendant have a right to assist in their own defense? Is it a due process violation or is this just a backhanded way to claim ineffective assistance? Is there a protected interest here? If a defendant seeks to actively assist trial counsel, and they are denied; is it a form of constructive denial to withhold appointed counsel services and decline help?
  20. What can be done about this? An Illinois case has been dragging through the courts for years. Discovery has been labored, with several hearings being held, and a trial date has been finally scheduled for the end of this summer. The court, many months ago, tasked both sides to be in touch with their respective witnesses early. Get them prepared, so they can be warned to attend and that there will be no scheduling conflicts with vacations, etc. The court also warned that there will be no continuances. At a recent hearing, the court asked if both sides were in compliance with this previous order and had the many witnesses been contacted for the specified court date. Both sides answered "yes". The problem is, this is not correct, many witnesses are unaware, having moved, made other plans or are from out-of-state. Some will be heading for college at this time or have already scheduled their vacations and made travel plans. They've reported that no contact has been made or subpeonas issued to them (the court docket reflects this). It is known that more than half of the defense witnesses and a little less of the state's witnesses have no idea that a court date has been set. When recently polled it was news to them. What can be done? Is this common practice? Should these witnesses on their own contact their respective sides and ask to be served? Some are already out of the country. Some are angry that they may have to change their plans. Should they contact the court? What can these witnesses do? None have been "officially" contacted.
  21. While working to amend a petition for post-conviction relief counsel vouches for certain misconduct which the state committed prior to trial. Appointed counsel claims he knows the prosecutor and that he doubts that the actions were intentional. Counsel then strips from the complaint certains errors the court made during trial, again vouching, but explaining that he appears before the court often. As the petition continues to be amended, counsel disagrees with the defendant, attempting to persuade and to change defendants unwillingness to concede the integrity of numerous participants alleged off-the-record improper actions; before, during and after trial - which led defendant to file the petition in the first place. Appointed counsel concedes that he has insufficient personal knowledge, he wasn't employed or working in the court at the time, but counsel also claims he's "heard" about what happened and can vouch for the records' accuracy. Some reassurances by counsel are allowed, but when does too much vouching for the "system" become a problem?
  22. My attorney and I know from discovery that detectives did a suggestive lineup. Once a motion for suppression is heard and granted will the statements made from individuals after suggestive lineup be admissible? Or if suggestive lineup is proven, what would be the next step in the proceeding?
  23. im fighting 10 counts of home invasion and i need to know how to write out a motion for false idenifation so can you please help
  24. A post-conviction detainee has a call scheduled with her appointed private attorney at a county jail in Illinois. Their meeting concerns a motion hearing for the following day. Of course, the conversation is private and privileged. They speak for an hour on strategy, tactics and future motion hearings. A jail official and two detectives listen in on their private communications. Obviously, this will be hard to prove and even harder to find a solution. The prisoner was led to a tele-conference room for this call by a senior jail official. In the past, these calls were held in a staffers office with little fanfare. The official places the call, leaves the room, and crosses the hall to where the prisoner knows a similiar system exists, as two other well-dressed men join and slip-into the room. The detainee has her hour-long talk, is curious of what she saw, but thinks little on this change of procedure. When the phone call ends the jail official is immediately present, he appears nervous, tries to distract being unaccustomarily polite and chatty. The prisoner again notices and recognizes the two men leave, one a local detective, as they slip-out from across the hall. The administrator leads her back to cell, but makes the mistake in conversation of saying that he will be free to meet with counsel the following day. This meeting was only mentioned in the private phone conversation. Later, she asks another jailer who those two men were and it's confirmed they were detectives. Previously, the prisoner has had brief problems with legal mail delivery, legal calls or meetings with counsel. His attorney has also reported a few minor inconvienances where he was not allowed to meet with his client due to stated "security concerns". Their case is now entering a contentious, critical stage where a series of motions will likely decide the matter. All this is suspicous activity, but would be very hard to prove that officials are deliberately interfering in the attorney-client relationship. What can a detainee do?
  25. Not too long ago I asked a question regarding possible malpractice during heart surgery: OCT. 2015 I HAD OPEN HEART SURGERY TO REPLACE THE MITRAL VALVE IN MY HEART. A MONTH BEFORE SURGERY SURGEON CONSULTED WITH ME ON OPTIONS AND RISKS. OPTIONS: (1) A MECHANICAL VALVE THAT WOULD BE GOOD FOR LIFE, BUT I WOULD NEED TO BE ON BLOOD THINNER FOR LIFE; (2) A TISSUE VALVE - THAT TYPICALLY HAS TO BE REPLACED ABOUT EVERY 10 YEARS - BUT NO NEED FOR BLOOD THINNERS. I CHOSE TO GO WITH MECHANICAL VALVE SO THAT I WOULDNT HAVE TO GO THROUGH THE SURGERY AGAIN. I ARRIVED AT HOSPITAL AT 6AM. AT 7AM I WAS TAKEN TO PRE-OP FOR SHAVE, CLEANING AND SURGICAL DRESS-IN. THE SURGERY WAS TO START AT 8:30AM; I SPENT THE REMAINDER OF THAT TIME WITH FAMILY. AT APPROXIMATELY 8:30AM I WAS MOVED TO OPERATING ROOM AND ALMOST IMMEDIATELY WAS STARTED ANESTHIA, BUT THE DOCTOR STOPPED IT TO TELL ME, " I THINK ITS BEST THAT YOU GO WITH A TISSUE VALVE ". I DONT REMEMBER BUT APPARANTLY AGREED. THE SURGEON HAD AT LEAST 1 1/2 HOURS PRIOR TO THE SURGERY TO TALK WITH ME ABOUT THIS; UNLESS HE MADDE THE DECISION AT THE LAST MINUTE HIMSELF, HE HAD WEEKS TO CONSULT WITH ME. I RECENTLY INQUIRED AS TO WHY HE DECIDED THAT AND HE THOUGHT IT WOULD BE BEST THAT I NOT HAVE THE NEED FOR BLOOD THINNER BECAUSE OF MY LIFESTYLE. DID HE DEVIATE FROM HIS DUTY OF CARE BY NOT DISCUSSING THIS WITH ME WHILE IN A CLEAR STATE OF MIND? I WILL NOW HAVE TO HAVE THE SURGERY AGAIN. BUT THE NEXT ONE GETS RISKIER.
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