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Illinois Questions & Answers
1 Answer | Asked in Elder Law and Domestic Violence for Illinois on
Q: How can I obtain legal assistance for my court date on August 27, 2025, in domestic violence court?

I am a senior citizen with limited resources and have a court date on August 27, 2025, in domestic violence court. I need legal representation but did not know I was supposed to request an attorney at the last court date. I have never used legal aid, and I have not received any documentation or... View More

Cheryl Powell
Cheryl Powell
answered on May 21, 2025

You need to contact the legal services office for your county. It is Prairie State in northern IL, mostly, and Land of Lincoln in central and southern Illinois. Is your case for an order of protection or what? Domestic violence can mean many things.

2 Answers | Asked in Appeals / Appellate Law, Wrongful Death and Personal Injury for Illinois on
Q: Can federal court ignore citation from Mississippi Supreme Court in a wrongful death case?

I am involved in a wrongful death case, currently at a federal district court in Illinois, citing diversity of citizens. In my arguments, I referenced a Mississippi Supreme Court case that interprets the Restatement (Second) of Conflict of Laws, relevant to similar diversity cases. However, the... View More

Charles Candiano
Charles Candiano
answered on May 13, 2025

Maybe your citation was irrelevant. I don't know. You are asking the wrong question. If what you are trying to say is that you are seeking diversity jurisdiction and the Federal Court in Illinois Is refusing to accept jurisdiction, they already told you exactly why they are not accepting... View More

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Q: How can I acquire a defunct company's trademarks in Illinois?

I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More

Patrick A. Twisdale
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answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

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Q: How can I deal with a drug-abusing and aggressive neighbor in my Illinois condo?

I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More

Charles Candiano
Charles Candiano
answered on May 9, 2025

First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More

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3 Answers | Asked in Immigration Law for Illinois on
Q: Can a permanent resident sponsor an undocumented sister for a green card?

I am a permanent resident in the U.S., and I want to know if I can sponsor my undocumented sister to obtain a green card. She has been living in the U.S. for over 29 years and has no other family here who can sponsor her. What are the possible options or legal pathways available for her to become a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 9, 2025

A U.S. citizen can sponsor a sibling for a green card, but the process typically takes around 14 years due to visa availability limits. When a visa becomes available, the sibling must still be in lawful permanent status to apply for a green card. However, if they have accumulated more than one year... View More

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Q: Siblings trying to remove me from parent's home after 22 years of caregiving without compensation.

I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs.... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 5, 2025

You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing... View More

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3 Answers | Asked in DUI / DWI and Employment Law for Illinois on
Q: Can I keep my job as RN with aggravated DUI charge at Northwestern Medicine?

I'm an RN working in the Emergency Room for Northwestern Medicine. I recently received an aggravated DUI charge and am facing felony charges. My duties haven't been affected, and I've informed my employer about the situation. I'm currently enrolled in an Intensive Outpatient... View More

Robert H. Hanaford
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answered on May 3, 2025

Probably. However, there is likely a self reporting requirement and you had best contact a lawyer that is familiar with representing nurses before the Illinois Department of professional Regulations. I have seen in past cases where the nurse is put on a period of probation with conditions. But... View More

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3 Answers | Asked in Juvenile Law, Landlord - Tenant, Small Claims, Insurance Defense and Real Estate Law for Illinois on
Q: Car registered under father's name; can I take it if I paid for it?

I'm 17 years old and planning to leave my parents' house soon. I bought a used car with my money, but it's registered under my dad's name. My brother witnessed me paying for it, and I'm listed as a driver on my dad's insurance policy, although he refuses to transfer... View More

Cheryl Powell
Cheryl Powell
answered on May 1, 2025

You cannot have the title in your name alone unless you are 18. You were a minor when the car was purchased. It does not matter who paid for it. If your dad's name is on the title, he will want the car to be insured. You cannot take the car without your father's permission.

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Q: Seeking legal advice for severe mold and roof issues in Illinois condo, health impacts, and HOA liability.

I live in a quad coach home in Illinois and have experienced severe roof leakage and drywall damage for over three years, despite the roof being replaced six years ago. With worsening damage each winter, we contacted our HOA multiple times. Initially, they found nothing wrong but cleared partially... View More

Charles Candiano
Charles Candiano
answered on Apr 30, 2025

How is the HOA liable? The HOA didn't do anything. On your facts, "roofers discovered an unconnected HVAC exhaust pipe releasing hot air into our attic, causing condensation and extensive mold growth." According to you, the individual or company responsible for disconnecting the... View More

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2 Answers | Asked in Immigration Law, Contracts and Employment Law for Illinois on
Q: Should my wife disclose her EAD status to her H1B cap-exempt employer?

My wife, who is on an H1B cap-exempt visa, is a dentist married to me, a U.S. citizen. She recently obtained her EAD through me, and she wants to resign from her H1B cap-exempt position. Her employment agreement does not mention any obligation to disclose her EAD status. She currently lives two... View More

Nkem T. Uzoka-Anofienem
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answered on Apr 28, 2025

Whether your wife should disclose her Employment Authorization Document (EAD) status to her H-1B cap-exempt employer depends on several factors, including company policies, immigration implications, and personal preferences.

Here is the key consideration:

Legal Requirement: There...
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2 Answers | Asked in Workers' Compensation and Personal Injury for Illinois on
Q: How to resolve delayed TTD payments after working for 10 days in Illinois?

I have been waiting for Temporary Total Disability (TTD) payments for almost a year related to my back injury in Illinois. Despite not receiving any reasons for the delay, I was found working for 10 days in another job. How can I resolve the delayed payments?

Charles Candiano
Charles Candiano
answered on Apr 28, 2025

I hate to repeat myself, but when you represent yourself in an Illinois Workers' Compensation claim, you are all but guaranteed a sub-optimal result, less money, and more problems. Why on earth would you wait an entire year? What have you done in the last year? What is your diagnosis? Have... View More

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2 Answers | Asked in Criminal Law and Internet Law for Illinois on
Q: Concern about legal exposure from tipping at a massage parlor using Zelle.

Several months ago, I went to a well-reviewed massage parlor in a reputable area and paid a tip using Zelle for a massage. I later discovered the place might be sketchy and am concerned about legal exposure if the parlor gets involved in illegal activities. Although I haven't been contacted by... View More

Cheryl Powell
Cheryl Powell
answered on Apr 27, 2025

I would not expect this tip to be an issue unless it was out of line with other tippers. If you gave someone an unusually large tip and the place was investigated, I would expect that you could be questioned about what services were provided to you for that tip. At this juncture, it's too... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Illinois on
Q: Will paying a failure to yield ticket lead to suspension in Illinois?

About four years ago, I had my license suspended due to too many moving violations within a 24-month period when I was under 21. Since then, I attended driving school and haven't received any tickets until recently. Yesterday, I was involved in a minor car accident, resulting in a ticket for... View More

Theodore J. Harvatin
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answered on Apr 27, 2025

if you were insured and this was a minor accident, chances are the other driver will not be motivated to show up. The ticket would be thrown out

But if the other driver does appear, ask for supervision. No points will be assigned and it will save on insurance. However, in answer to your...
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2 Answers | Asked in Employment Law and Sexual Harassment for Illinois on
Q: Concern about safety and action after reporting a drug policy violation at work in IL.

I reported an incident where an employee returned from a break smelling of marijuana, which violates our company's zero-tolerance drug policy. After reporting the incident to management, I faced intimidation and felt unsafe due to colleagues' threatening behavior, including making violent... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Unless you are the employee's direct supervisor and you have the authority to discipline/fire employees, you wouldn't expect your employer to terminate the employee based solely on your report. It has nothing to do with your veracity but your employer cannot assume the liability for... View More

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4 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Theodore J. Harvatin
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answered on Apr 27, 2025

Show up in court. If you had insurance and it was a minor accident, it’s likely the other driver will not show up in court, and the ticket will be dropped.

If the other driver does show up, you could plead guilty and it would not affect your license because it would not be a third Moving...
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4 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

I don't disagree with any of the facts stated by my colleague, Mr. Harvatin.

That said, there is an old saying that an ounce of prevention is worth a pound of cure. Accumulating multiple violations in the past should have taught you that lesson. The accumulation of multiple...
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4 Answers | Asked in Car Accidents, Traffic Tickets and Personal Injury for Illinois on
Q: Will paying a ticket for failing to yield risk my Illinois license suspension after past suspension?

Four years ago, my driver's license was suspended in Illinois due to accumulating too many tickets in a 24-month period. Since my license was reinstated in 2021, I have maintained a valid license without any further violations until now. Yesterday, I was involved in a car accident and received... View More

Cheryl Powell
Cheryl Powell
answered on Apr 27, 2025

It sounds like you were under 21 with your earlier tickets but you are over 21 now. When a person is over 21, they are allowed 3 moving violation convictions a year. Your license gets suspended after the 3rd conviction. It is always better to take driving school to prevent a conviction from... View More

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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

Please accept the following observations from someone who has handled multiple instances of closed head injury before the Illinois Worker's Compensation Commission and in the circuit courts.

1.) You made the mistake of hiring a large law firm rather than an attorney. When you hire...
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3 Answers | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Illinois on
Q: Concerned about workers comp attorney changes and low settlement offer in Illinois.

I have a worker’s comp case involving a closed head injury with post-concussion syndrome, cognitive problems, cervical sprain, cervical stenosis, and cervical disc herniation over the last 16 months. Throughout the case, I've been assigned five different attorneys without my knowledge or... View More

Charles Candiano
Charles Candiano
answered on Apr 27, 2025

It is patently illegal for any employer to condition settlement on your termination. That is on a separate document because no arbitrator at the Illinois Worker's Compensation Commission would approve any contract that contains that provision.

As stated in my prior response, failure...
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2 Answers | Asked in Family Law and Civil Litigation for Illinois on
Q: Can I get child's belongings from maternal grandparents and prevent visitation, given guardianship worries?

I have short-term guardianship of a 15-year-old child, signed voluntarily by her mother and notarized with a DCFS caseworker's witness. Her maternal grandparents are pressuring me to bring the child to them, but she wants nothing to do with them due to claims of mental abuse and her fear of... View More

Cheryl Powell
Cheryl Powell
answered on Apr 25, 2025

So the mother signed a guardianship document. What about the father? I am not sure if this document is valid.

Did she live at the grandparents' before you?

The police may help you get her belongings since you have guardianship.

If she is scared of the grandparents,...
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