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Found 192 results

  1. I have been incarcerated for approx. seven months... I have had chronic back pain issues for a few years. When I came into (jail) I notified the appropriate parties (medical staff) twice and was told I would been seen by the Doctor ... I never was ... I submitted a request to the medical staff about two issues and one of which was regarding my back pain issue ... I received a reply which had NOTHING to do with my back pain issue ... I then tried speaking directly to medical staff members and never accomplished ANYTHING ... this was over the course of a few months ... I recently filed grievances in which the responses were that I should fill out a request or should let them know if I want a nurse visit ... basically exactly what I wanted for the past seven months and have been trying to do ... I STILL have not been seen by ANY medical staff ... what are my next steps ?? Should I contact a tort attorney at this point ??
  2. While incarcerated in a Illinois jail, I was getting off the top bunk (with no ladder). I steped on to the table and slipped and fell on to the stool landing on my back. Even though it's been several months I still suffer tremendious pain in my lower back. I was in a wheel chair for 3 months due to the fall. Am I able to sue the county jail for my injury?
  3. Can my sons mother change his name without my concent, even though im in jail?
  4. Hi, I'm trying to find the exact statute that states the lengths of suspensions for DUIs in Illinois for a research project (coding the strength of the DUI laws in each state based on different aspects of the laws, and then seeing if they can be used to predict the exact rate of DUIs in each state). So far, I have found two statutes: This seems to indicate the 1st offense results in a maximum 1 year suspension (I think? I can't find the statute that says exactly how long the first offense is for), and the 2nd offense results in a maximum 5 year suspension. The other statute is the law for statutory summary suspensions. As I understand it, this statute activates if a person 1. refuses to submit to a test or 2. fails the test. This is where I'm confused. The two statutes seem to be contradictory. 6-209 says if you fail the test for the 1st time, your license is suspended for up to 1 year, but 6-208.1 says it's only suspended for 6 months. And if you fail the test for the second time in 5 years, 6-208 says it's suspended for 5 years, but 6-208.1 says it's suspended for only one year. I think I'm fundamentally misunderstanding something about statutory summary suspensions, but I've been reading tons of law blogs and FAQs and nobody has discussed what the difference is between an ordinary DUI and a summary suspension. (Maybe there isn't one?) If anyone could clear this up for me, I'd definitely appreciate it. I just need to know which statutes to look at to determine the lengths of suspension for DUIs in Illinois. Thanks!
  5. Plea arrangments on a class one conviction for possesion w/ intent to deliver, where there's a prior class 1 conviction for possesion w/ intent and a prior class 2 for UUW by a felon. According to 730 ILCS 5/5-4.5-95( ( When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 felony was committed) classified in Illinois as a Class 2 or greater Class felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender. This subsection does not apply unless: (1) the first felony was committed after February 1, 1978 (the effective date of Public Act 80-1099); (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. Since the two past convictions (mainly the weapon conviction) are not of the same elements of the present charge am I still class X sentencing?
  6. Hello Forum, I was involved in a domestic situation with a roommate and a girl he moved in without my permission, it all came to head Nov 17, 2015. After telling her to leave the apartment my roommate disagreed and it became physical and I was hit with a pipe twice in the head, I was injured but was able to defend myself and during that he was also injured, his injuries were from my fists, and from us falling on a coffee table. During the fight the girl called the Chicago police, they arrived at the end of the fight. I was hand cuffed immediately. Because it was their word against mine. Because of the head injury I had double vision and a possible concussion I told the police I needed medical treatment, so they walked me out of the apartment down I long flight of stairs, I told them I needed a gurney because I was dizzy, they didn't listen, midway down the stairs I blacked out and fell on my back with my arms hand cuffed causing a severe injury to my right hand. I was taken to ambulance and then to hospital. I was treated for the head injury ( 12 stitches) and ( 9 Stiches from a bite mark on my index finger). They did an X-ray on my hand but did not treat it because the police were in a hurry to get me to the station. I sat in the police station for 2 days, during this period I made several requests to get the hand treated but they did not do anything. Also during this time I met with two detectives and I offered my side of the story, about five hours later one detective and a felony review lawyer met with me again, I told them the same story. Next morning I found out I was being charged with aggravated battery to a senior citizen and was brought to Cook County Jail for my bond hearing. Unable to bond out I sat in Cook County Jail for 53 days. During this time my hand became worse and started to heal, approximately 28 days later I was taken Cook County Hospital to treat the injury requiring surgery, pins and therapy. I have a few questions for the forum. Is the hospital at fault for not treating the hand injury???? Is the Chicago Police at fault because of negligence and not getting me treatment while in their custody??? Is the Cook County Sheriff at fault for not providing adequate medical attention under the 8th amendment???? Do I have a case????? Thank You for your time
  7. My friend died of mesothelioma, two weeks before he passed he gave his 5 children and his mother 100,000 dollars each, his 4th wife he gave 1,000,000 and gave his sisters property. He told the family they would not be happy about the probate will. He said he did this because they are not named in the will and that they could not contest the will because he provided for them before he died. He named one friend in the will. Is it true that the family can't contest the will on these grounds?
  8. Charged with class X felony for possession of controlled substance with intent to deliver within 1000 ft of school. Police recovered from parked car 2.1 grams cocaine and 2 cell phones. (one of which was cracked and broken) Was sitting car alone when they arrived. Would just the prescence of two cell in the car without any other factors of intent be sufficent to convict in trial? (To be noted they found $300 in my wallet but there was also a bank withdrawal receipt for the same amount from aproxx. 6 hours before me being arrested. Does that help or hurt?)
  9. Would it be ineffective if my lawyer asked for the state to put a motion for D.N.A. test against my better judgement?
  10. Police was called to investigate a suspicious vehicle parked near a Mcdonald's restaurant, and was given a discription of the occupants seen exiting the vehicle. When they arrived they ran the plates of the vehicle and it came back that the vehicle was involved in a ongoing investigation, but had no descriptions of any suspects pertaining that investigation. The police entered Mcdonalds grabbed me, detained me, and started to ask me questions. I did not fit the discription of the suspect given by 911 caller, nor did I have a warrant for my arrest. With all of that being said did did that give them reasonable suspicion or probable cause to seize me?
  11. I am recently divorced in Illinois and would like to keep my ex-spouse in my health insurance, if possible. Is this something a health insurance company could accept? If not, what are my options? How fast would I have to remove my ex-spouse from my health insurance if that is required.
  12. I am recently divorced in Illinois and need to divide the assets. My ex-spouse may refuse to collaborate in any manner. My main concern is moving the house to my name, as granted by the court. I understand I need to issue a Quitclaim Deed for that. Where do I go to safely issue a Quitclaim and register the house in my name? Should I hire an attourney to help me with this process and overall transfer of assets? Also, how fast do I need to formalize the split of my assets after a divorce? Thanks!
  13. I do not have access to any website outside of this one. My attorney has been in contact with the innocence project out of chicago and they provided him with a list of eyewitness experts and everyone one of them is located in another state. He has also spoken to people at the University of Chicago and couldn't find one. A friend of mine is telling me that my attorney is lying to me because he knows that there is eyewitness experts in Illinois. He wouldn't be just lying to me because this is what he is telling the judge. I don't think my attorney would lie about that. Would someone please see if there are any qualified eyewitness experts in Illinois. Your help would be deeply appreciated.
  14. My attorney found an eyewitness expert from Wisconsin. He told the judge that the expert charges $2500 for everything, which includes testifying at trial. The judge stated at a previous hearing that cost would be a major factor in his decision since we are asking the state to pay for our expert. Do you think $2500 is too expensive, just right or a good deal?
  15. I just set up an FBO bank account to handle my brother's income and expenses because he is mentally disabled. He works part-time, but cannot manage his affairs, and I am taking over doing so from my parents. This account is just for him and will have only his money going in and out of it. But my name is on the account. My creditor got a significant monetary judgement against me two years ago, and I am afraid the company will try to garnish the FBO account. Can they do so? And if they do grab the money, is there anything I can do to fight the garnishment? Is there any better (more secure) method of banking that I could set up to protect my brother's money and manage it?
  16. When I was arrested, the police searched my house and seized a truckload of stuff (computers, papers, photos, books, and God knows what else) in connection with a search warrant. This was not a forfeiture action or criminal case that forfeiture applies to. It was just a regular police investigation. They also took stuff belonging to a couple of my friends. When first arrested, I wrote letters from jail asking for the stuff back which were never acknowledged. My PD did not challenge the search warrant or move to exclude any evidence and did not ask for the stuff back like I asked him to. That's because most of the stuff the police took was irrelevant to my criminal case and not used by either side and so not important to him. I never got an inventory from the police or State of everything that was taken. The case took 4 years to conclude, and the State still has my stuff after 6 months. How do I get it back? Any suggestions? Some of it has monetary value and a lot of it has personal content, including stuff from earlier criminal cases and attorneys. I don't want this stuff out there and I also want to know everything that was taken. My friends also want their stuff back too. What is a person to do? I sent the State a FOIA request for all the stuff and they say they are claiming it may be FOIA exempt. What do I do if they claim this? Do I have to go back in court for it?
  17. Please help clarify if the police did something wrong here and if it can be challenged. The police got a earch warrant at 4am. At 4:30 am the police searched the 2 unit residence. Out by 5:30 am. But then, the police were back under same warrant 9am - 10am or so, later on the same day. It was a specialized police unit searching the second time. My question is whether or not this double searching on the same day is allowable with one search warrant? The police had an officer stationed to watch the unit between searches, but they also left the front doors to the units ajar between the searches. Do these police actions enable the defendant to challenge the search warrant?
  18. My parents are now both deceased; my mom passing in Sept. 2015. A week ago, I received a partial copy of their revocable (now irrevocable) family trust that names 6 siblings; five, including myself, getting equal shares (except brother R, for their own personal reasons, getting less) of the estate. We will receive 11% of 60% of the estate. Brother R will receive 5%. Where is the other 40% of the estate going? I am also being willed mom's jewelry in another section of the trust. My name is listed for immediate distribution upon settlement of the estate, which excluded me from their restriction of having to be 55 years old like stipulated for brother J and brother R. In 1993, I was 39. The 1993 trust has 3 amendments; the most recent dated Nov 2014. This codicil lists brother C as sole trustee with sister J as secondary trustee if he does not or cannot serve. Would my brother C, as trustee, have received or been advised to read or review the trust at any time since 1993, by either my parents or their attorney(s)? This is a rhetorical question, I suppose; but you would think that with 3 amendments that he had some part in signing or initiating to this 22 year old trust, that he would have reviewed it on at least one occasion, or more? Or that my parent's attorney (s) would or should have re-reviewed it as well, along with my folks? Brother C included a cover letter that states a full copy of the trust can be read upon request, but that he won't mail it out. (Sister J and I each live about 40 miles from brother C, sister R is in AZ, brother J in CA, and brother R is in Mexico.) I also thought it concerning that we were all advised how much our other siblings were getting...though the trust is rather prohibitive about that in the section addressing the trustee's responsibilities. Brother C's cover letter starts with "For your reading pleasure..." and later states that "some of you won't be happy" with the terms of the trust. He directly addresses brother J and myself, advising us to read pages 50-51 immediately. This is a section marked "Handicapped Provision". Here are quotes from that section: "Any beneficiary who is determined by a court of competent jurisdiction to be incompetent shall not have any discretionary rights of a beneficiary with respect to this Trust, or their share or portion thereof...." "...Notwithstanding the foregoing, any beneficiary who is diagnosed for the purposes of governmental benefits as being not competent or as being disabled, and who shall be entitled to governmental support and benefits by reason of such incompetency or disability, shall cease to be a beneficiary of this Trust." Brother J and myself have been receiving SSDI benefits due to spinal health issues for 2 years and 4 years (2011 & 2013), respectively. Four of my six siblings (so far - two of which I haven't heard from yet, including brother C) believe that our parents did not intend to exclude or deny us sharing in their estate. We believe that they forgot over the years that the Handicapped Provision section was there...or should I say mom forgot, as dad had passed away back in 1994. In 2011, when brother J was awarded SSDI, and 2013 when I began receiving benefits, mom was 85-87 years old; in failing health; and unable to read or balance her checkbook by this time. Sister J was co-signer, and handling her bank accounts, income, and bills. By June 2014, mom was living in a skilled nursing facility. We all believe that mom had long forgotten about the Handicapped Provision section of the '93 trust, if she ever read it at all; and would certainly have had it amended, had it not been for her age, and deteriorating mental and physical health. Because of the no contest clause, we all have to tread carefully to avoid disinheritance. Do you believe we have legitimate grounds on which to contest the trust? Would brother C as trustee have the power to contest it? Or, as they say, am I S.O.L? Thank you for your advice. I have requested legal help and/or advice from the Chicago Center for Disability and Elder Law, but I haven't heard back from them yet.
  19. The company I work for is a division of a Fortune 300 company. A couple years ago, they started shedding professionals ( mainly Engineers ) so they could merge various locations all into one centrally located downsized group. They dismissed over a dozen people 50+ in age. The whole company has been in a Cost reduction and Streamline operations phase during this time. Now that we're all together ( the survivors are all 50+ too ) and they see we have the capacity for more people, they've hired about a half dozen 22ish kids right out of college. They even have groups for these kids such as Emerging Leaders and the Young Professionals Network, where they host events, and send them all to conferences and such. Some of them have been fast-tracked through promotions. Of course, all us 50 somethings are upset. Is there blatant age discrimination going on here? If any of us were next on the chopping block, is there a case?? Would it be best to consult an attorney before signing any separation agreement??? Thanks in advance... Ohhbob
  20. Lets say that two people were driving in a car and decided to stop at Walmart late at night. Person A goes in with person B. The two walk around for a bit inside when person B decides to go sit in the car which is parked in the parking lot next door not Walmart's. Well while inside person A decided to pick up a computer at which point the employees noticed. They made an announcement about scanning and recording in the electronics section and person A panicked and tried to bolt out one of the side doors. Person A dropped the computer and returned all the stolen items. Person A was then running around for a while and the cops came. Person A still freaking out gets found by the police and tries to run to no avail. Person A is then violently thrown to the ground and is intentionally hit in the face by one of the officers and elbowed 2 more times after that. While person A was being detained on the ground the officers were yelling at person A to move their hands however they were holding person A down too much for him to be able to follow said direction and therefore was crying out that person A could not due to the inability to do so. The officers then proceeded to contain person A in a squad car after breaking person A's watch. In the mean time other officers where talking to person B about person A. However person B was doing nothing wrong and was just reading in the passenger side of the car while being approached. The officers then searched the vehicle. The manager at Walmart falsely accused person B of driving around the parking lot the whole time even though that was not the case. Person B was also violently handled and was treated very unpleasantly. The arresting officer then proceeded to make stuff up on his report as they told person A the things that person B has said/confessed. The officer made a report of it and put this in it even though the statement that person B gave (none) does not match the one the officer decided to assume was right. Person A was arrested with person B and taken straight to jail. After spending 2 days in both A and B were bonded. However the officer only read person B their Miranda Rights and not to person A. Person B was falsely accused of partaking in the crime. Can person A do anything about the misconduct of the officer about the unnecessary violence as well as getting the case dropped as they can not use anything I said in their case against person A. Also can person B get their charges dropped as well? Can both A and B take action against the officer? Does person A have any grounds for a dismissal? Person A has no previous record as well as person B.
  21. Hi I live in Missouri but the property and insurance company in question are in Illinois. My grandparents passed away and my mom was trying to sell their house. She is a kind hearted but naive lady and agreed to do a contract for deed. Buyer stopped paying and we are in the process of eviction. The buyer stopped paying the insurance on the property as well. On my advice, my mom let that policy lapse and got a new policy with a different company with the estate as the payee. Now this is small town stuff, it's not how I would do business and I regret not just handling it all myself. My mom called the office of an insurance agent she knew. He was at lunch. She called back and she was told he left for the day. She called him at home. The agent lives there in town and is familiar with the property. My mom told him she wanted $30,000-$40,000 in coverage, market value not replacement value. The agent said he would call this into his office. He told my mom to leave a check with her cousin and he'd give the cousin the amount the check should be written for and he'd pick up the check. I've been a landlord for years. Bought, sold and insured many properties. My experience told me the policy was bound as if that day and we were just waiting on a formal policy. This took place a week ago today. As rotten luck would have it on Wednesday an out building, storage shed, was burned. Arson and disgruntled tenant suspected. I played phone tag with the agent yesterday. Today I reach him and he starts out on the defensive. Tiny town. He's already aware of the burned building. He denies there was ever a policy. I am polite and professional but as soon as I say, shouldn't this have at least been bound he hangs up. I call right back. He's suddenly gone to lunch. I talk to his boss who is bewildered. He doesn't know me and keeps saying this doesn't sound like his employee. I tell him I understand but this doesn't look good. He says he'll talk to his employee then call me back. I tell him, of course. This was only 2 hours ago but no return call. This is a relatively small loss only $3-$4k tops. We have a contract on the property contingent on the eviction and the buyer has already called my mom, she still wants it None of this is the end of the world and I don't like to waste a lot of time on fighting for the principal of it but the agent really ticked me off. I have a call into our attorney but God love him he's on vacation. I'm just curious, though, wouldn't the policy have been bound and wouldn't we still be able to file a claim even if the agent forgot to bind it? I know it's he said/she said and those types of things just happen and not much can be done. However, is this worth pursuing? Am I completely off the mark? When my husband and I buy a property we call our agent and we're covered that day. No payments, no signing anything, that comes later. Would the laws in Missouri and Illinois be so different? Thanks in advance for any help
  22. My grandfather passed away four years ago and left a substantial amount of property to my grandmother and father. My grandmother recently remarried and moved in with her new husband leaving the home she shared with my grandpa for 58 years vacant. This home, along with the above mentioned properties are in both her and my father's names. This past week she made a verbal agreement with my father to 'give' her home to my son who is now in the process of remodeling it. Likewise I have been given permission to build a home at another location she & my father own. My grandmother is in her 80's and my father is concerned that in the event that she too would pass her new husband would have rights to a percentage of this property and my knowledge my grandmother does not have a will. Does anyone have any information regarding this type of situation? We reside in Illinois.
  23. I have been employed in a manufacturing plant for 30 years working 12 hour shifts and OT is always available. Us employees that volunteer for the OT sometimes work 18 to 21 days straight without having any problems through out the years. Now HR has come to us and stated that they can not allow us to work 12 days straight because there is a law prohibiting it. I wanted to know if there is a law that says an employee is not allowed to work more than 12 days straight, voluntarily, and if so where I can find it. Thank you.
  24. I am suppose to be purchasing a home, but during our purchasing process learned there was an encroachment. They sellers have their fence more than 37ft on the north neighbors lot and 17 on the west neighbors lot. Because of this issue, I would like to back out of the purchase, but the seller is stating they will remove the fence and put it back up along the proper lines. I honestly do not want the property because the yard is significantly smaller and I feel like the moving a fence will also cause issues in the future unless it was new. My lender states they cannot close on the house because of the encroachment, but if the seller moves the fence, am I obligated to purchase the home? I appreciate your feedback.
  25. as title says i was charged for burglary a class 2 and 3 felony for taking 2 rings retailed over $300. Is there any way I can get the charges reduced to a mistermeaner. I am in Ilinois.
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