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Christopher R. Minelli's Answers
- 174 Legal Answers
- 6 Legal Guides
1
Attorney answers:
What are the laws concerning picketing? I want to picket a business that is not giving a promised refund.
The laws vary considerably depending on where the place you want to picket is located. The federal constitution, and likely your state constitution, gives you freedom of speech rights to picket with certain limitations to protect the public that do not seem to apply here. An example would be if you wanted to picket to instigate a riot -- this action would clearly not be constitutionally protected. Assuming the speech you wish to convey is constitutionally permissible, the local government...
10 people marked this answer as helpful
1
Attorney answers:
Our neighbor behind us wants to modify his water run off
The answer depends on what kind of easement the neighbor is running water into. The general rule in Illinois is that redirecting runoff onto a neighbor's property without the neighbors express or implied consent is a type trespass. The action could be eliminated by an injunction and damages for the difference in your property value before the runoff and then after the runoff. The problem is the easement. If the easement was originally intended for the purpose of drainage, then there is...
3 people marked this answer as helpful
1
Attorney answers:
If a friend possibly committed real estate forgery/fraud in 2006, what is the statute of limitations for this felony?
In Illinois, there is no limitation period for "forgery" under the Illinois Criminal Code of 1961. See Section 3-5(a)(1). That means, if the prosecution decides the facts warrant a charge of forgery (versus another felony), then he or she can bring the charge at any time in the future. If another crime is charged, and the statute defining the crime does not provide otherwise, then the general statute of limitations for felonies is three years from the commission of the offense. Section 3-...
1 lawyer agreed with this answer
2
Attorney answers:
I filed a claim for unpaid overtime with the Illinois Dept. of Labor, how long does this take to investigate?
The answer, as you guessed, partially depends on the actions of your employer to cooperate with IDOL and also partially depends on the amount of work IDOL has to handle. As you can imagine, when the economy is down employers start to feel financial pressures and sometimes skimp on employee wages and contract benefits. IDOL is currently busier than normal, but Illinois statutes pertaining to IDOL (and other employment agencies, such as the Department of Human Rights) do impose time limits on...
2 people marked this answer as helpful
1
Attorney answers:
Real Estate-Builder refuses to return earnest money
It is important to visit an attorney and take your written contract (and all supporting documents and other materials passed between you and the builder or agent you worked with) as soon as practicable. I can't provide much useful information based on the information you provided in your question, because the legal rights and remedies you have against the builder will heavily depend on the language of the contract. An attorney will be able to "read between the lines" and give you a straight...
2 people marked this answer as helpful
1
Attorney answers:
I have a class 2 felony from when I was 18, I am now 27. Can I obtain a Prop and Casualty insurance license in Illinois?
You are correct that the Illinois Department of Financial and Professional Regulation (the state agency that issues property and casualty insurance licenses) will examine your criminal history as a part of their standard background investigation. They do this investigation for all applicants for licenses, not just insurance licenses. The best thing to do is to contact the Department by phone at (217) 785-0800 or on their website at http://www.idfpr.com/. You can explain your specific...
2 people marked this answer as helpful
1
Attorney answers:
In the state of Illinois what is considered child pornography in regards to sending text messages and photos
You have asked a complicated question. This question actually has three components - (a) what state's law applies? (b) what is child pornography? and (c) what other offenses could the conduct you described relate to? This involves the interpretation of Illinois criminal statutes and cases about the statute. First, the law that is applicable is that of the state that can enforce said law. I know that is a mouthful, but it is important. Person A is in Illinois, and person B is in another...
1 lawyer agreed with this answer
1
Attorney answers:
Does a landlord have proper cause to evict a tenant if the tenant had surgery and is not able to pay rent for the month
Illinois law regarding residential landlords and tenants is highly specific depending on your location. Some places, such as Chicago, Urbana, and Evanston, have very comprehensive landlord-tenant ordinances that touch on almost every aspect of the landlord-tenant relationship. Other locals (usually rural areas) do not have relevant ordinances and reply on Illinois state law and common law. This answer takes into account Illinois state statutory and common law, and before you make a decision...
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1
Attorney answers:
If i am delinquent on bmw lease, can they report car stolen and when?
You might have a variety of issues. I have never heard of a case of an auto lease being reported as stolen. The UCC (the statute applicable to your case) provides a structure for how a secured creditor like BMW can re-possess the automobile. You do not seem to possess the requisite intent to permanently deprive BMW of its automobile, seeing as you know it is a lease and intend to give it back at the end of the term. I am concerned that the debt collector threatened criminal action against...
1 person marked this answer as helpful
1
Attorney answers:
When a women is pregnant with another mans baby and then gets married when pregnant who has to pay child support
The duty of support attaches with the legal father. The law presumes that the husband of the pregnant woman is the father, even if he has actual knowlege that the child is not his, provided they are still married when the child is born. Changing the status of the father for child support actions requires a "paternity action" to be filed in state court. To be sucessful, you will have to show evidence (usually scientific, like a blood or DNA test) that the child is biologically the father's,...
1 person marked this answer as helpful