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Christopher R. Minelli

Christopher Minelli’s Answers

174 total


  • My boyfriend took photos of me performing sexual acts oh him. I asked him not to take them but he did. He txt hell email em.Help

    After a night out my bf took me to his house and took photos of me performing sexual acts. He txt me today that he still had them after i deleted it from his phone the day after and now he said he had them and he email them. What can I do?

    Christopher’s Answer

    The answer depends on whether you are still on good terms with the gentleman that has the pictures. If you deleted them, how are you sure that he still has them? Is it possible he is lying to you?

    You may have a number of criminal (speaking to a prosecutor) or civil (speaking to an attorney) remedies in Illinois depending on the facts of who took the pictures and under what circumstances they were taken. If you choose to act by speaking with the police or with an attorney the ramifications for the person who allegedly has possession of the photographs could be severe. I would recommend seeing what becomes of the situation first. Then you potentially may have legal options.

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • My 97 year old grandmother purchased gold commemoritive coins which she paid 28,000 for that I just got appraised for 7,000.

    What can we do to get her money back? It has been over two years since this incident.

    Christopher’s Answer

    More information is needed. Was there a written contract? What did the contract say? Did it include an disclaimer of warranties? What did the salesperson say about the coins? What state were the coins purchased in?

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can an employer say that their employees can't speak spanish in the office?

    There is No company handbook and I work in a doctors office as a Medical Assistant.

    Christopher’s Answer

    No, they cannot have a per se "do not speak Spanish" rule. Federal employment regulations prohibits that. However, your employer is permitted to have a "do not speak Spanish at certain times" rule if there is a justifiable business necessity for it and your employer is allowed to make English fluency a requirement of the job if there is a similar business necessity. I'm not sure what your situation is.

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • When a women is pregnant with another mans baby and then gets married when pregnant who has to pay child support

    the man she married already knew she was pregnant by another man so who pays the child suppotr?

    Christopher’s Answer

    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, and not the husband's.

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Doesn't the plaintiff have to be present during trial,

    in an eviction trial,,my question is can i move for a dismissal if the plaintif isn't present,even though her attorney is ?

    Christopher’s Answer

    Not necessarily. In Illinois civil procedure, if a complaint is "verified" (meaning the plaintiff swears to the truth of the facts asserted, much like an affidavit) then the court will construe it to be evidence unless opposed by the defendant. Now, if a defendant shows up to trial and wants to cross-examine the claims made in a verified complaint (and a defendant has a near-absolute right to cross-examination in Illinois) and the Plaintiff is not present, the court will likely continue the matter and require the plaintiff to appear.

    Alternatively, if you have evidence to rebut the claims (as opposed to attacking the claims themselves) a court MAY weigh the verified claims against your evidence. However, they most likely will continue to require the plaintiff to appear.

    Defendants also have a procedure for making parties (such as the plaintiff) appear at trial personally for examination purposes. This is contained in the Supreme Court rules and the mechanics of doing so can be learned at the pro se help desk down at the Daley Center. They will also be able to examine the complaint and tell you whether it is "verified" or not.

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can a employer suspend you for five days, for somthing another employer said you did?

    Can an employer suspend you for five days without pay for something another employee said you did? Without hearing your side of the story.

    Christopher’s Answer

    Generally, yes. Most employees are at-will, meaning they are not subject to a formal employment contract. The employee can leave when he or she pleases and the employer can fire / suspend as he or she pleases. An employee of a private employer (versus a public employer, like the state or a city) is not subject to constitutional provisions like "due process" and does not have to provide any such process before disciplining an employee.

    The exceptions to this would be (1) if you are a public employee or (2) if you had a formal contract that specified disciplinary procedures before discipline. If you are unsure, or want to ask more questions, I would advise speaking to a lawyer of your choice through the Illinois State Bar Association: www.illinoislawyerfinder.com. Search for "employment" attorneys, not "labor" attorneys.

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • How can I legally evict my 28 year old son from my house?

    He has been living with us in this house for 19 years. We have asked him to leave but he has not moved out. What can we do to make him legally leave? Is telling him to leave enough? Do we pack his things and change the locks? Do we need attorneys?...

    Christopher’s Answer

    This situation can get complicated. First, it is advisable (from a family perspective) to ask yourself whether getting the legal system involved is worth the potential fallout of hurt feelings and mistrust that may result. Second, the "legal" answer is muddled without more facts. Generally speaking (and there are exceptions), an eviction is only needed where a "landlord-tenant" relationship exists. This is usually evidenced by an agreement of some sort wherein you provide a place to stay in return for something (usually rent). Otherwise, whenever someone's welcome is up they become a trespasser and can be removed by police.

    Now here is where it can get complicated: if a person stays in a place in a certain amount of time, and they refuse to go, then the eviction statutes may be invoked and you may have to go through a formal eviction process in Illinois. This is because "self-help" is prohibited in certain cases, even absent a landlord-tenant relationship. This legal principle is from the old days of squatters and adverse possessors, but a sharp defense attorney may use these statutes against you.

    I would recommend sitting down with an attorney to hash out all the details before you act. They will be able to apply your facts to the law. I would not in any circumstance throw your son and his belongings outside. You may (if he is angry enough) be liable for damages as a result.

    This is a tricky situation, and I wish you luck.

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can I void a lease (commercial) if the landlord repeatly enter without notice?

    our landlord allowed contractors to enter our unit without written or verbal consent from us! Property was stolen out of our unit to to this . He was done this on several occasions

    Christopher’s Answer

    It depends on what the lease says. The default rule in a majority of states is that a commercial lease is can not be voided simply because of the trespass; instead, the rent and covenants due to the landlord under the lease by the tenant are still valid but the landlord may be liable to the tenant for damages resulting from the trespass. This rule can be changed by agreement in the lease (and usually is -- so the landlord can maintain the property and conduct inspections from time to time).

    I would read the lease and see what is does to the default rule. Also, if it changes the default rule look for "notice" provisions requiring the landlord to provide you notice when they enter. If you need help, any local property, real estate, or business attorney will be able to provide advice to you.

    Good luck!

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can my bank withdraw money from my business account for forged signatures on checks from three years ago?

    My business cashed checks. I still have the same account.

    Christopher’s Answer

    The answer depends on the facts of the situation. Maryland uses the Uniform Commercial Code ("UCC") much like my home state of Illinois does. The UCC and some federal laws provide the procedures and legal doctrines around payment of checks and bank accounts.

    If the forged signature was an endorsement, then the bank should not have paid the check unless the forgery was caused by your (or your company's) negligence. However, if the signature was on the face of the check itself (such as on the signature line), then things get muddled. If the check was maid to a fictitious person and the endorsement was in the fictitious person's name, then the bank rightfully honored the check. If the forgery was done by your own employees, then in some cases the bank is allowed to cash the check. It really all depends on the specific facts.

    I would recommend speaking to a local attorney. Look for a "commercial," "banking," or "finance" attorney in your local directory, not necessarily a "business" attorney. He or she will be able to ask the right questions of you to give a more concrete answer.

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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  • Can I sue someone who has been paying on a loan for 6 months but has not been paying the agreed amount in our contract?

    I got a loan to help my ex boy- friend and my self out of debt. My credit was better than his so I got the loan in my name. My friend drew up a contract that said he would be responsible for paying the ENTIRE loan off before I got the loan. Our co...

    Christopher’s Answer

    The answer depends on the contract that was entered into between yourself and your former boyfriend. Contracts relating to debt usually require language that "advances" the entire amount due under the contract if an agreed payment is not made on time or is not made in the proper amount. Without this language, a court will potentially see the contract as "executory" (meaning not completed) and will require you to wait until a time when all the payments have been missed.

    If you desire a suit, I would try to consult with an attorney to have him or her read over the contract and look for advancement language as well as other potential problems. Even small claims in Illinois can be expensive, and its better to be prepared then to lose and have to re-file a suit.

    NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone.

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