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Found 191 results

  1. After the Appellate record is prepared for criminal appeal, what happens if one finds in reviewing it that a court transcript for the case reads differently than the original court transcript of that appearance that one ordered and got back during the course of the case? What if one finds that an argument presented back then is now subtly altered in the Appellate record? What can be done about this? Is it possible that the judge (who kept the case record after trial and sentencing) either altered or had someone else alter it? If so, can the judge do that?
  2. I live in Illinois my daughter and her mother live in Tennessee. I fly my daughter for the summer every year to visit. This time she is stating that she doesn't want to go back she's 16 now. There is no legal order or anything in writing stating that the mom has custody and technically me and her are still married and not divorced. Can I get in trouble for not sending my daughter back to her mom? Her mom seems to think that this is my idea but it's not I don't want any problems with her mother but if my daughter is crying saying she doesn't want to go back. I don't know what to do. I really don't have thousands of dollars to put down for a lawyer retainer. My daughter always says that she wants to stay out here with me but has never been so determined. I don't know what is going on out there that she doesn't want to go back.
  3. I loaned someone $11,000.00 and she put her property up as Collateral . This person wrote up a hand written Promisary note we both signed . It is obvious i’m Not gonna get any of my money back so I need to know what to do as to putting a lien on this property ?
  4. Sir/Madam: I am being evicted from my deeded/owned Condominium. I am the defendant. The Plaintiff and I were given a date to select jury and a date for a jury trial. This was the order of the bench judge on the last hearing date. The Plaintiff has now filed for a "Summary Judgment" before the jury trial and the went to court again, unbeknownst to me and got an order for me (defendant) to answer the Summary Judgment pleading prior to the jury selection and trial. Once the judge had issued the order for a jury trial & given each litigant paper instructions of the required proceedures & exhibits, etc. for the jury trial, how then can the Plaintiff go before the judge behind my back & file and plead for a "summary judgment"? and get an order demanding I respond the pleading before the jury trail... which now seems to be moot.??? Is this legal??? Please respond ASAP, Thank you, M. Ivory Do I have to go to court to re-instate with an order, the jury trial??
  5. Hi, An Illinois utility company dug a hole in my back yard and left. No work has been done on the hole for over a month. I contacted the utility commission and my state congressman but so far they have not been able to help. The dirt excavated from the hole is about 6' outside of the utility easement (5'), so 11' x 6' of the back yard are unusable. What is my recourse? Thanks.
  6. A few weeks ago, a police detective came to my house wanting to speak to my husband about an incident that had occurred about a week prior. The detective asked my husband to come to the police station with him, and my husband willingly went with the detective. My husband returned home about a half hour later, saying that the detective was questioning him about a car theft. My husband had gone to a local bar and a car was stolen from the parking lot while he was there. The detective showed my husband a picture of himself leaving the bar, but that was it. The detective said the car was recovered and he kept assuring my husband that nothing major would come from the incident. A few days later, some paperwork was dropped at our door. My husband wouldn't let me look at the papers, but apparently it was a warrant for his arrest in regards to the car theft. About a week ago, while I was home alone, I got a knock on my door. I answered and it was 4 officers, including the detective who had questioned my husband previously, looking for my husband. He was not home and I told them he was not, and even invited them to look in my house to show that my husband was indeed not at home. They said for me to have my husband call the police station when he got home. I said I would and they left. My husband returned home from the grocery store about an hour after the police left and I told him what had happened. He said he would call them the following day. Not more than an hour after that, the same detective and another detective showed up at our door. My husband answered the door and the second detective asked where he was earlier in the afternoon. My husband showed them a receipt from a Lyft ride he had taken that afternoon, and the second detective said that was fine, that my husband was not the person they were looking for and they just wanted to verify his whereabouts. It turns out the officers who had shown up to my door earlier had been looking for a suspect in a bank robbery that had occurred that afternoon close to our house. The robbery suspect fit my husband's general description, but the second detective seemed satisfied that my husband was not the man they were looking for. The two detectives left our house and nothing else came of it. They had opportunity to arrest my husband on his warrant for the supposed car theft, but they did nothing. About three days after the two detectives had questioned my husband about his whereabouts during the robbery, a third detective came to our house, asking to speak with my husband. This detective told my husband he was investigating a break-in to a cell phone store near our house where my husband used to work (he was let go from that job back in November). I was about to leave for work and my husband's son was at home (due to no school that day), so the detective told my husband to call him in the morning to arrange a better time for my husband to go to the police station to answer questions about the store break-in. Once again, the detective (who did have another officer with him) did not arrest my husband, even though he has a supposed warrant. My husband spoke to the detective on the phone the next day, asking if it would be alright if he came in on Monday to answer his questions about the phone store break-in. The detective was very cordial and said that would be fine. My concern is that once the police have my husband at the police station, will they arrest him for the supposed car theft? I just don't understand why they haven't arrested him yet, even though he apparently has a warrant and the police have had ample opportunities to arrest him. Is there an actual warrant or is the first detective just telling us that to scare us? This whole situation is so confusing. My husband is not guilty of anything and we are very confused and irritated that the police keep coming to our house and bothering us for every crime that occurs near us. Any advice?
  7. I purchased a vehicle that a price and monthly car note was accepted and signed and sowed what company was financing the car, when i got the welcome information from the finance company it was completely different from what i signed. Well i traded in the vehicle for another less then a year so when the finance company sent me a copy of their original paper work someone at the dealership had forged my name on a new contract completely different from what i signed. I have both contracts in my posession and someone outright signed fradulent information the signatures are clearly different .I want to sue these people for fraud. any help appreciated
  8. I'm wondering if police (just in general) are automatically called when there is a near-drowning. I'm supposing if the near-drowning has no injury involved they might not be called, but if there is a serious injury, they wouldn't be. But I don't know, so I'm asking. Thanks.
  9. Is there a recommendation on which side should own the paperwork? It makes sense to me that the person owns the pension account from which the qdro will come should take care of the paper.
  10. 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?
  11. I have illinicare insurance- a medicaid plan and I was seeing a local chiropractor for about 3 years in this time I never once received a bill or receipt or anything. I just sign in on a piece of paper when I got there and that was it. I was going on average three times a week because it was paid for by my insurance. Recently I made comment to my dad that he could go there because he has the same insurance and my dads gf said she thought other wise that they only accepted my insurance until age 18. At this point I was almost 20. I texted the chiropractor that owns the office and she confirmed what my dads gf had said. I replied and asked her how that was possible If i had been going to her for over a year since I had turned 18. she told me she would have to look into it. I never heard back then all of a sudden she tells me I do in fact have a bill about a month went by where she was supposedly "making adjustments". I asked her why I was never notified or sent a bill and she said it was because my insurance takes forever to submit payment so they were waiting. I then received a $ two thousand some dollar in the mail. She "adjusted it down" to$450 I talked to another chiropractor I know who told me to call my insurance. I did and my insurance has no record of them ever submitting a bill to her, I also never received a insurance denial for any of the visits or received a bill prior to the $450 one. I called the office and requested EOB's for all the claims they submitted. The office was very rude. I ended up calling again and was told they would look into it and never received a call back. I then got another bill in the mall with a "this bill is due now! sticker". I emailed the owner again and told her I had called and wasn't going further with the bill until I was given the forms I requested. Never heard anything back. Today I got a third bill in the mail with a sticker that says"your insurance states your responsible for this bill payment is due immediately!". The bill charges me 50$ for every visit without my insurance yet the office offers an out of insurance program for cash patients and only charges 15$. What do I do here? If I knew my insurance wasn't paying I wouldn't have continued going because I cant afford it. Another thing to is that they claim "Apex insurance" was paying before, yet ive never had Apex insurance and have no idea who they are. Thanks
  12. Is it illegal for a dealership to sell you a car that was in an accident, no matter the severity, without informing you before purchase?
  13. I worked for 2 large corporations. At the first company,( Corp A) which I left about a year ago, I had a female co-worker sexually harass me. I took another job for which I was recruited, but the job, for reasons of its own, lasted only six months. I would like to get my job back at my old company. I know the statute has passed for me to file with the EEOC. Secondly, I went to work at another large corporation. This was about two months after I was let go from Corp A. During the two months, I had some strange hip/sciatica malady. I had to use a cane to walk, and the commute from home to office was quite taxing. I was in physical therapy at the time, and often my direct supervisor would not let me leave until she was satisfied with my work, and I would often end up missing my physical therapy appointments. I also had a lot of back pain and requested back support, which they refused to provide for me. As a result of this, I now have increased right hip pain which will require more medical intervention. When I told them that I was having trouble seeing the small print on their computer screens, they let me go. Do I have any recourse with either of these two companies? It has been a really hard year. I am in constant pain on my right hip and I will be going back to physical therapy again. I don't know if this is a worker's comp situation, discrimination, both, or neither. I need some advice please.
  14. My mother needs information about what happens if my father, her husband, has made no legal will. Does she automatically become executer of his estate and automatically inherit his estate as his "Closest Next of Kin?"
  15. My husband is in Pickneyville & we are trying to get him out on work release, unfortunatly that does not seem possible is there any other way to get a person out early?
  16. on Sunday august 5, 2015 a country club sponsored a golf tournament in which a automobile dealership would donate an automobile as a prize to any golfer who shot a hole in one. The automobile was parked near the clubhouse with an advertisement poster stating the free automobile for any golfer who shot a hole in one. I paid the requisite entrance fee for me and my son to participate in the tournament. My son who is 16 (minor) shot a hole in one in presence of other members. We notified the dealership but they refuse to tender the automobile. Can anyone give me any references to any similar case regarding advertising contracts that are false? can my me and/or my son sue the auto dealership or the country club that sponsored the event? any references or responses would be appreciated.
  17. Im a stay at home dad, wife obviously the breadwinner. We argue quite a bit. More maybe than average but that's irrelevant. I'm a large guy; 6'3" 325lbs. My wife 5'7" 135lbs. We were in an argument yesterday in which she became very audible. She's naturally a vocal person anyway but enough to where the neighbors took notice. The result was a glass of water ended up on me allegedly having been thrown onto me and a broom was broken on a poster in the garage. She never laid a finger on me, but those awesome neighbors told police she was beating me even though I have no marks. She was ultimately arrested for domestic battery for the water as I was told after being lied to by the police saying she wasn't. So I'm doubtful a jury will convict her given the fact the police misheard that it looked like she threw/dumped the water on me and my size compared to hers. We are not well off by any means and she has a state license which could be effected resulting in some serious financial implications if by miracle they actually win. Off the record as to not implicate anyone or hold you to any legal advise given; what can I do to destroy the prosecutions case before she is even arraigned. I'm willing to do whatever it takes to see this disappear.
  18. I'm a defense witness for an upcoming criminal trial. The judge just allowed a State motion to exclude witnesses from attendance at all pre-trial court appearances and from buying any court transcripts. The Court's actions are directed towards me, and I feel harassed. Is there any objection I can make and if so how. I have lived in association with this case and other witnesses in it for 5 years now without tampering with anyone's testimony or revealing information improperly. I've followed the case and bought court transcripts but never posted or made improper use of them. My testimony stems from my personal experience and knowledge independent of any information presented to the Court. And, my testimony will be extremely limited in scope, and nothing they are discussing even pertains to it. I feel the Court is permitting the State to overstep it's rights. Please let me know what might apply here, thanks!
  19. I have medical and full POA over my father I am the only sibling of my 92 year old father who is still living my aunt his older sister who is 3 years older than him wants to take us to the lawyer to have him my father filed as incompetent and take over the POA can she legally do this. Also she wants to find out how much his estate is worth. His sister is not incompetent but she is not healthy either. This is going to happen shortly so I need advice ASAP( I stated this is going to happen shortly shortly being in 14 hours)
  20. Is a person required to have Dental Insurance in the state of Illinois.
  21. Hello I'm in Chicago and I am puzzled as of what steps to take I have taken my daughters father to court they ordered him to pay $150 a month he paid one month and hasn't paid since, it's been 6 months, he has no legal job but he hustles and drives a nice car, he is married and his wife works for the city makes about 70,000 a year, he doesn't plan to ever get a job he lied and said he cuts hair for a living I just don't kno what steps to take because he will not help support his child I have a question so can they go after his wife then since they are married or what steps can I take to make him help provide for her
  22. I belong to golf club that is NOT private. However, it discriminates due to gender. What recourse do I have? Thanks.
  23. There is an on-going custody case (which is not the issue I'm asking about here) and there has been a plenary Order of Protection in place for just over 3 months. We finally had our court date to suspend childsupport to the custodial parent as my husband and I have had his two children full time since May. On Monday, September 13th, a judge signed an order suspending child support and backdated it to July 26th when my husband filed. He stated that he will have to take his ex-wife to small claims court to recoup the thousands she has received and shouldn't have as she didn't have the children. Two days after she signed this order, she accepted a child support payment knowing it was suspended two days earlier, backdated to July. Is this contempt? When asked about it, she said, "I already lost child support for my oldest two children when I lost custody of them and I don't work, so sue me for it, I'm not giving you sh*t." We have paid her child support faithfully and have also had the children full time since May, and about 85% of the time for the 6 months leading up to that, so while paying child support on time and in full, we have also had 100% of their expenses, including higher household bills, school, after school enrichment activities, etc... We can't afford an attorney just yet, but are working on it before we get to the meat of the custody case. The circuit clerk told us that it sounds like she is violating an order by accepting that money and not giving it back as she signed the court order suspending child support two days before receiving another payment that was already in process and couldn't be stopped as of monday when the order was signed by her, my husband, and the judge. Is this contempt? Should his work cancel the check? It would be fine if she had the children and used it for them, but she's been snapchatting people with all the things she's been buying with my husbands child support all summer since she was evicted months ago and has been sleeping on her brothers couch. I feel bad for the kids, but they're here, going GREAT in school. Haven't missed a day, been tardy, and are getting straight A's which they have found makes them feel very good. I just need to know the best way to get this last payment that was just received back. We do plan on taking her to small claims court, however' she was taken there by a landlord 2 rental houses ago and was ordered to pay $6,500 in back rent and hasn't paid a dime. So we really want to find a way to get at least this last $600 payment back from her since she just received it. Please help!!!!!
  24. I have a serious question which may seem convoluted. I don't want to run and consult an attorney about this because the case is sensitive. But I will do so if all of you advise me along those lines: I know that criminal defense attorneys will use any strategy they can to get their client off the hook at trial. Example: At Anthony Casey trial, did one truly believe that her dad molested her? I asked an attorney that question recently and got the response that it did not matter; that the jury did believe it and that was what was important. I also know that in serious felony cases involving more than one charged suspect, that it is common to play one suspect off to the jury as the culprit while defending the other. And that this is a proven strategy that often works no matter what the truth of the matter is. Can someone please tell me, what are the ethical boundaries for a criminal defense attorney to subpoena and examine a witness in a very serious felony case who he knows had nothing to do with the incident but who he can shape available circumstantial evidence to allege that they did the crime and not his client? Can he do so even over the specific objection of his own client??? If his own client, before trial, sends his attorney a letter in writing directing his attorney to use a different trial strategy putting the responsibility for his being a suspect on the over-zealousness of an investigator who controlled and fabricated evidence against him, and tells his attorney that he is aware of the other strategy his attorney intends to use and that he cannot approve of it and does not want it used because it will instead harm someone who the defendant knows is an innocent party; can the attorney still completely ignore the wishes of his client and proceed to still use that innocent party? Is the attorney in that situation subject to any particular ethical constraints?
  25. Dear FindLaw Forum I had a property foreclosed on in 2008 that I had refinanced in 2006 with the notorious New Century mortgage. They were bought out by Countrywide which was bought out by Bank of America. I didn't address the issue at the time, and it was foreclosed on in default. I had a lot going on in my life right then, divorce, business issues, etc. So, now, years later, I'm wondering if I have any chance of taking the current designees to court to get some damages based on the fact that I never saw any clear chain-of-title. I certainly didn't see a "Master Agreement" (or series there of) to make it clear that there was a valid transfer of title through each of the parties. Right during my foreclosure in 2008, New Century was under investigation, and they did not disclose any of that investigation to me. Lisa Madigan (our IL Attorney General) got me about $1000 because of the poor business practices of my mortgage holders (in a group settlement) but accepting that agreement specifically said that I did NOT give up my right to sue BoA directly at a later date. So, that part of the settlement has rolled around in my brain for these years, and I know any statute of limitations will run out soon. If I will sue them, it should be now. Has anyone had any success in pursuing chain-of-title issues against a debt company, or defunct mortgage company? Am i crazy to even suggest it? Are there any prior successes in this kind of thing in any state that I can reference on this. Thanks for the opportunity to ask this question.
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