David Alan Zipp’s Answers

David Alan Zipp

Fox Lake Criminal Defense Attorney.

Contributor Level 11
  1. Can an estate sue or press charges against a daughter who took money from a father after he dies? The father forgave her.

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. David Alan Zipp
    3. Veronica L. Jarnagin
    4. Joseph Franklin Pippen Jr.
    5. James P. Frederick
    5 lawyer answers

    I echo the other fine attorneys here. First, let me convey my sympathies for the loss of your father. Or am I confused in that your father is still alive now and you are the named executor under the will? One is not an executor of an estate of someone who is still alive (they are simply a named executor). If your father is alive and decides to prosecute or sue civilly, he would have standing but I would advise that he should consult an attorney as there might be issues with statute of...

    3 lawyers agreed with this answer

  2. Legal options after 727 adversary proceeding

    Answered over 1 year ago.

    1. Deborah F Bowinski
    2. Alan D. Walton
    3. David Alan Zipp
    4. Marc Gregory Wagman
    4 lawyer answers

    Absent additional or mitigating facts, I must completely concur with the other fine attorneys who have already posted regarding your question. While indeed such filings are a public record, unless you run for office or are in the public eye, chances are nobody will bother to even look at it. I would advise as the others have for you to contact your previous attorney who should have a much better grasp on the facts and circumstances of your situation but to focus on the here and now and move...

    3 lawyers agreed with this answer

  3. Evicting a family member from a home?

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. David Alan Zipp
    3. Charles Shinkle Watson
    3 lawyer answers

    I cannot disagree with the other fine advice the other attorneys have offered. Since you do not have a lease to rely upon, the Court will create a fictional one for you (yes, even at zero rent level). This fictional lease will be deemed to renew every month. Thus, you will need to give him a thirty (30) day written notice of eviction. On my website www.ZippToCourt.com I have a Zipp To Research tab you can directly access here: http://zipptocourt.com/Zipp_To_Legal_Research.html Scroll...

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  4. Aggrevated sexual assault 13-17 yrs old is a class 2 felony. Can someone really get probation for that?

    Answered almost 2 years ago.

    1. David Alan Zipp
    2. Alan James Brinkmeier
    3. Brendan William Caver
    3 lawyer answers

    Unfortunately the short answer is yes probation is a possible sentence. Many factors will go into a sentencing decision. Some of these factors include the facts and circumstances of the case, the testimony at trial or the stipulated facts in a plea negotiation, the personal history of the offender both criminal and potentially psychological, the lasting impact on the victims and the frequency of the crime. Not knowing anything about the case and only relying on the small facts you have...

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  5. I am being falsely accused of assault and battery but not arrested yet.

    Answered almost 2 years ago.

    1. David Alan Zipp
    2. Judy A. Goldstein
    3. Stephen A. Gustitis
    3 lawyer answers

    Actually you sir as the person walking and by your statement, and being the actual person struck may very well be a victim in this case. As there is no harm, I would say that the police just were following up on the driver's call for service. In reality, her duty to you as a driver is much higher than your duty to her as a pedestrian. Your supplied facts do not even support assault or battery, unless you are accusing her of deliberately hitting you with her car or something else occurred...

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  6. Failure to give information after striking an unattended vehicle.

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. David Alan Zipp
    3. Stephen Laurence Hoffman
    4. Christian K. Lassen II
    4 lawyer answers

    You should contact an attorney such as myself for a free consultation. That being said, you have a bit of a pickle here. You admit you hit a vehicle, and yet there is no damage to speak of. Have you contacted the owner of this car to confirm this? I am a bit concerned as to the alleged 2nd vehicle you are talking about hitting. Did the officer tell you this was reported? I may have misread your post, but it sounds like you have already dealt with the 2nd car owner. Why have you...

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  7. If I'm 15 , & need to runaway can I get in trouble or even when in 18?

    Answered over 1 year ago.

    1. Joseph Henry Sparacino
    2. David Alan Zipp
    3. Judy A. Goldstein
    3 lawyer answers

    As you are a minor, I do not think you are likely to receive much advice from this board. I would suggest you reach out to your family, either in Ohio or local if possible and have them seek out an attorney who can be authorized to offer advice. If the pending divorce involves your father, perhaps you might speak to him about your concerns. Completely aside from any legal implications, I would not endorse you taking off for Ohio or otherwise without support of an adult and a plan of action....

    2 lawyers agreed with this answer

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  8. If my property is in a trust, where I am the only tree, can my spouse run for the HOA. They have told me no, but will elaborate.

    Answered over 1 year ago.

    1. Stephen Samuel Messutta
    2. David Alan Zipp
    2 lawyer answers

    The best answer to your question will lie within the rules and regulations of your Homeowner's Association. Many HOA's maintain a website where you can download them. If not, contact your HOA and ask them for a copy of the HOA rules and regulations, I am not licensed in Florida and as you have asked this question out of McHenry, Illinois, you are likely to get only Illinois attorney answers. There may be some HOA prohibitions that are Florida specific and as such, it could not hurt you to...

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  9. What are the chances of getting impounded car $500 fee reimbursed?

    Answered over 1 year ago.

    1. Ted Harvatin
    2. David Alan Zipp
    3. Judy A. Goldstein
    3 lawyer answers

    You raise an interesting question. Firstly the two is entirely civil in nature and your window for even bringing a cause of action is very limited. It may be even less than ten (10) days. Reference your paperwork to make sure still have time to file. I have done a couple of these hearings for clients. First, its an administrative hearing and the burden of proof is much less. The officer just needs to be able to reasonably state they felt that they had enough evidence to detain you on...

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  10. Comments: I was terminated the same day that I told my boss about cash issues

    Answered over 1 year ago.

    1. David Alan Zipp
    2. Charles Shinkle Watson
    2 lawyer answers

    While not a whistle-blower case per se (these cases tend to be when an employee tells the public or someone in authority about alleged dishonesty or illegal activities and is subsequently punished for it), as it seems while you did inform an authority figure, they found a way around retaliation with the vague "Don't Fit In" excuse to terminate. You should be aware that Illinois is a right to work state and as such, an employee can be terminated pretty much at anytime and in your case, with...

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