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Found 192 results

  1. I have been out of my daughter's life since she was about 3 because of some personal problems I was dealing with, and I was incarcerated for 5 years. I am doing well and want to be in my daughter's life. The mother told me that while I was incarcerated that her fiancé adopted my daughter. How is that possible, if even true? the mother is no longer with this guy. I want to be in my daughter's life. Do I no longer have any rights?
  2. im here on a home invasion charge with a firearm and to be honest i dont know what to do about motions im a 20 year old hispanic male one of the suspects where identfied as black but they dont have the firearm all they have is an iphone 4 tracing back and chinese currency i guess they have one person identfieing me but they only seen my face because they where there where the police arrested me my first offer was 15 years at 50% but i really want to know how to put in a motion to get out of here there where 6 people in the house but only 1 person knows me
  3. Hi. I am writing a novel about a murder. In it the prime suspect is at first interviewed briefly at his apartment, and the police detective decides he does not have enough probable cause to arrest the suspect. The suspect then contacts a lawyer. Shortly thereafter, the police ask the suspect to come into the station for an interview. The suspect informs him he has an attorney. So, the suspect goes into the police station with his attorney for the interview. This is where I need information. There is tons of information out there about how a detective would interview a suspect. But I have found virtually nothing about how a detective would interview a suspect with a criminal defense attorney present. So that is what I would like. Perhaps even a link to a transcript of an actual interview. I would like to know the questions asked by the detective, the things the attorney would allow his client to answer and the things he would tell him not to. I would like to know how deeply the detective would probe and how vigorously the attorney would defend. And when the attorney would end the interview. Basically the ebb and flow of the process. And any specific things that would be said would very helpful. And things like, would the attorney worry that an arrest was looking imminent? Would the detective suggest an arrest was imminent if further compliance with the questioning was denied. Just how it would play out. I know it's a lot to ask. Thanks very much.
  4. My child lives with his mother (we were never married). I pay child support. Our order states that the mother would provide health insurance for the child. Now, she has been laid off and no longer has access to insurance. If I were to add him to my company-sponsored health insurance (high deductible), I'm curious about how the deductible would work. It seems like it could be really unfair to either of us, depending on when medical costs were incurred. For example, the deductible on my plan (for employee+child) is $5800/year. If the child were to incur a large medical cost early in a calendar year, and his mother pays for it, she could potentially pay the entire deductible. Then, suddenly all of my medical expenses are covered at the post-deductible rate for the rest of the calendar year. This seems unfair to her and the child. The reverse scenario would also be unfair to me. Is there any way to structure this more fairly to both of us? Like, separate deductibles within the same plan? Should/can she get him on the affordable care act plans instead? Is that even possible given that I have access to get him on my plan, though probably not right away, because of the below: Second question...she just now informed me that she got laid off a while back and the insurance dropped. It was more than 30 days ago, so my employer won't allow it as a "life event" for adding him to my plan. Is this a situation in which a family court would generally order my company to allow him to be added to my health insurance?
  5. My attorney, the judge and states attorney held a 402 conference and my attorney said that he and the State had agreed to a term of probation, but the judge refused to allow it. Once a 402 has occurred, is it an option to request a new judge? Thank you for reading, and if I wasn't clear about anything, please just let me know and I will clarify it.
  6. I don't remember being pulled over or arrested I just remember waking up in the hospital. I know I consumed a lot of acid in the previous few days prior and a lot of alcohol and cocaine and acid the night in question. im charged with a gun in the car and drugs the drugs could be mine but the gun not for sure. the person who owns the car says the gun is theirs and didn't tell me it was under the seat when I took the car. I need advice on what to do. my background is bad. ive been to prison 4 times for guns and drugs and im on parole for a gun and drug case. I need help
  7. I got pulled over for a traffic violation and allegedly had been drinking and doing some drugs. I already had back problems that I had been in a lot of pain for and taking pain meds. I don't remember any of the arrest or even being pulled over, all I remember is waking up like two days later in the hospital getting a tube pulled out of my mouth. I was told that I stopped breathing and I think they said my heart stopped. I was in the heart hospital for a week before I was brought to jail. Anyway, ever since I woke up I haven't been able to walk. I'm in a wheelchair and I have a walker. I try everyday to get up and walk with my walker but the pain is too much and its not getting any better yet. My back has never been this bad prior to the arrest, and since I cant remember anything I don't know what happened. I need advice on what to do or what steps to take from here.
  8. My girlfriend hired a well known attorney to aid me in the defense of 3 alleged felonies. Before hiring this attorney, extensive research was conducted to effectively gauge his level of competence and trial court experience. I was extremely satisfied with this attorneys statistics and feedback I received from his past clients, and also news reports regarding several acquittals he obtained for his clients. We paid an initial retainer fee about 2 months ago and have made several payments as required, and have so far paid $2000.00 of a $5000.00 dollar fee. For the $2000.00, this attorney has opened my file maybe once, and that was to request a T.A.S.C. evaluation. I have been to court 3 times in 2 months, and once he didn't show up but sent someone else to reschedule a continuance, and the other time he set it for a "status". He has came to the jail to see me twice, and both times has never sufficiently answered even one of my questions. To this day, he don't know what my blood alcohol content was from the hospital, nor will he provide me with even the basic amount of discovery. I have asked him several times to call my girlfriend to answer her questions as well, mostly because she is the one paying his salary, and he absolutely refuses to call her. Although I'm not totally aware of the amount of time and energy and resources an attorney must endure in relation to mounting a successful defense, I do know that common courtesy and even a tiny bit of respect goes a long way. I also understand that, although he used to be employed by the Public Defenders office, some of those adverse and rude and "holier-than-thou" attitudes and behaviors might be somewhat instilled and integrated within his personality. The question I have is, at what point can I say enough is enough, and retrieve some of the money back, so that we can start a new search for an attorney who is actually going to open my case folder with the intention of mounting some sort of competent defense? Illinois...
  9. if x is found in a car under the seat at time of arrest but its someone eles car other than the one driving and being charged how effective is it for the rightful owner of x to sign a statement taking claim of x
  10. Is it a aggravated fleeing to elude if the police officer never activated thier sirens or red and blue lights?
  11. While researching Americans with Disability violations within the Winnebago County Jails Mental Health pod, I uncovered multitudes of abuse and use of force violations and rampant discriminatory deprivations. I sent a freedom of information request to the Sheriff requesting documents and records pertaining to use of force used upon mentally ill inmates housed in 2-G, and also requested records or documents related to attendance records for mentally ill inmates of whom have attended religious services. I am an inmate in the mental health pod and know that mentally ill inmates have been denied every and all religious services, and have also seen disabled inmates pepper sprayed in there cells on a daily basis, affecting every inmate in the pod with adverse symptoms. When I asked the sheriff for records and documents and incident reports pertaining to use of force on disabled inmates, and for religious attendance by disabled inmates they were denied. The response was "these are not tracked" I think this is ridiculous and untrue...so what are my next options, and can I file a class-action suit as an inmate for those with disabilities? Thank you....
  12. I paid a lawyer a specific amount to handle a drivers license reinstatement for me. I had a couple of appointments with him. He also requested documents from DMV. But not long after my job took me out of state, where I remained. The lawyer told me I would have to make the 800 mile trip to get the assessment done and later for a hearing. This would be a huge inconvenience. I asked if he could do an out of state packet on my behalf. He said he don't do those. I also asked if I could have a partial refund. He said he don't give refunds. I ultimately did all the paperwork to get my license reinstated. No help from that lawyer or any other. Would it be fair that he give me, at the very least, a partial refund? How does this work in the state of Illinois?
  13. I was working with a guy and we traveled to another county for a job. We got in trouble for theft and went into the county jail. I went to court, and the judge said I needed a fitness hearing. The doctor said I was unfit for trial. The next day I bonded out, went to another county, then got a dui. I am currently in jail for the dui, and after that is done I have a hold for the other county. Will I still have to go to Elgin hospital in the other county when this dui is over? Any help will be appreciated.
  14. Is a person considerd to be under arrest once a peace officer places handcuffs on him\her? Can a peace officer conduct a search of a person without a search warrant?
  15. I know PD's just don't have the time or money to properly handle their caseloads, but are there ANY standards they are held to? Like maximum caseload size or minimum contact with clients? Are offices more invested in or are PDs supposed to put greater effort into high-profile cases? I mean, is there any payback to offices for winning those cases? Like bigger budget approvals, for instance? It seems PDs are so secretive with clients; not consulting with them, not explaining, not showing them motions before filing or even giving them copies of them after. It seems like their whole effort revolves around squashing the client and keeping them in the dark about strategy and options. Does anybody know how they operate and why? Does anyone have the inside scoop? Is the PDs office supposed to intervene on behalf of all their clients if it learns the court or the jail is systematically depriving them of some of their rights? And what can a client do about it? Do written complaints to the PD's office help during the case or on appeal? Will any governmental office help the client during a case? Is there any way to replace one's PD?
  16. A hearing is held where the defendant wishes to testify. He makes this known to his appointed counsel. The client is told it is not allowed. Counsel will not be calling him as a witness. Counsel goes as far as to say that he "forbids" it and that that decision is his to make. He claims that the decision is a matter of trial strategy. The hearing proceeds and the motion is denied. The defendants testimony was crucial in winning the motion. Without the clients testimony there are large gaps in the evidence presented, state witness testimony goes unchallenged and the client brings this to the courts attention. He asserts his right to testify. Previously, the court had instructed the defendant to remain silent, stating that he has an attorney who speaks for him. The client again asserts that he was denied the opportunity to testify by counsel. The contradiction in the courts ruling is its claim that he should have "spoken up" earlier. The defendant object for the record to preserve the issue. At the next court date, the defendant will be asking his counsel to seek reconsideration from the court. Are there other options which the defendant can employ now?
  17. i was 16 years old when i was accused of attempted murder, and down the line i was charge but they dropped the charged to aggravated battery with a firearm which i took an open plea on and the open plea was 6-25 (class x) at (85%) and my i remind you i never been convicted of any crime as an adult but i do have a couple of juvenile cases but they are not violent and when i got sentenced the judge gave me 21years at (85%)this case here shows that a juvenile dont suppose to get sentenced harshly which i did because my max is 25years and he gave me 21years.....my lawyer said he putting in a appeal so i can get my time reconsided but all i wanna know was my juvenile right's violated???? this case right here will explain somethings for juveniles 1. Graham v. Florida, 130 S. Ct. 2011 (U.S., 2010)
  18. loulou5


    Can an appeal that has been withdrawn by the judge, in a criminal conviction in Illinois, be reopened... the appeal was withdrawn with prejudice when the defendant asked it to be withdrawn without prejudice??
  19. The Successor Trustee, my mother, has had inheritance since October, but due to toxic relationship, has stalled in dispensing to me the 10% due me per the Trust Agreement, which is the only legal document I have in my possession. ?#1: is it legally possible for the Will to give the Successor Trustee all encompassing discretionary authority, as she claims, as opposed to CONCRETE,SPECIFIC conditions that must be met before I am legally entitled to receive my share + she is legally bound to dispense? ?#2: Assuming the Will could possibly have concrete, specific conditions, what, if any, legal right do I have A) to have access to/view the Will for verification + to actually have a physical copy of Will for my records, in the event I need to take her to court?
  20. The police stake-out a house. They report that they avoid broadcasting on police band radio frequencies. There are no dispatch records fixing officer movements. Nothing to note their coming and goings at the scene. Their own timeline of events are intentionally veiled and nebulous, but time is an important factor in the case. An arrest is made. Police then contact superiors to report in, asking what-to-do-next, using their own personal cell phones. Questioning of the suspect lasts for more-than-an-hour in an unmarked vehicle. All audio and video recording devices are turned off during the interrogation. Police now say several things: there was no arrest - just a "brief" detention, which they are allowed to do, under Terry v. Ohio, (1968) 392 U.S. 1, 88 S.Ct. 1868; an alert was sent out to "pickup" the suspect - they were just following orders; a stop was made under Illinois' "community caretaking" provisions; plus, several other less clear reasonings. The defense claims it was an arrest, miranda was given, property was confiscated. Question: Police avoided using radios, avoided making records or recordings. Because these cell phone were used as part of their official duty - are those phones fair game for subpeona? The police are resistant and intransigent, claiming a murky digital privacy exception. Their argument seems to be a situational constitutional principles - ignore the defendants rights - protect ours.
  21. Six mounths ago, I went over my motion of discovery with my lawyer. Part of it involved video footage. Why is the state just now saying they are getting the footage? How long does it usually take to get a copy of a survailence video from a mainstream business such as Mcdonald's or Burger King? The incedent occured almost 10 mounths ago? I need a copy of this video so I can use it in a motion.
  22. The police came knocking on my door for a welfare check, they did not have any warrant so I refused to open the door. After an hour and a half they got the keys to my apartment from the landloard. Can I sue the Landloard? Also while they were knocking on my door Icalled the Landloard and clearly told him not to let them in or give the key. I would like to sue him.
  23. A friend of mine had 2 cases pending and requested a speedy trial. The state didn't elect what case they were choosing to go to trial with at that court date, so does that time count towards both cases? He went to trial on the one they eventually elected to go to trial on and was found not guilty. The state knew they couldn't get a conviction on that case but it gave them more time to prepare for his murder charge that they are not prepared to go to trial on.
  24. My boyfriend is being accused of a dui. He hit a sign on the highway and after his car was not operable he coasted off the exit and onto the shoulder. After his phone died he had no other option but to sleep in his car. An officer came and woke him up and accused him of being under the influence of alcohol and because his keys were in the ignition was arrested. So my question is can he get a dui if the car wasn't operable?
  25. I am in a bit of a pickle and value the advice of those more knowledgeable... I am a casino slot player. With $6K in other income last year, I managed to rack up 29 slot jackpots totaling $56K. Problem is that one loses more than one wins and each win I had went towards winning the next so I actually ended up 14K in the hole at end of year. I have looked up how to document losses for the IRS but the info out there is contradictory and I don't know which method to use. One says record every machine number, name of game, denominations, money in and money out, and time spent. Whew! that is a heck of a lot of work and just impossible to do over any length of time. Second says just the date of play, location of play, amount you took with you there and amount you left with at end of play. Much easier and doable. But which method is the one to use???? And does the IRS actually realize that when one wins small jackpots that gamblers put it all back in chasing the next one, and that one only has a realistic chance of keeping any when one wins just one big jackpot?
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