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Michael David Elkin

Michael Elkin’s Answers

18 total


  • Judge's custody ruling went entirely in favor of spouse, who lied in court custody hearing. What are options to reverse ruling?

    Spouses lawyer and family court judge are cronies. Documentation of spouses lazy life and attitude was solid. My evenings spent supporting child activities was distorted as being unavailable for family.

    Michael’s Answer

    I am not licensed in Texas, if that is your jurisdiction. However, get a transcript of the proceedings, file what we in Illinois call a motion to reconsider with the aid of an attorney, and then file an appeal if you feel there was an abuse of discretion.

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  • How would a parole officer know if you violated a no-contact order?

    its a co-defendant who is currently in prison and I'm on parole. he/she has been trying to make contact with me and says that they were told by someone at the prison that it is ok to write me. They have even been mailing letters to my house. Is ou...

    Michael’s Answer

    You should eradicate any contact with this person especially while on Parole. I would ask your attorney to contact your parole officer to illustrate that no foul play has been done on your part. With respect to the eaves dropping issue. It is unlikely, but I don't know what charges your faced.

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  • Is it considered a crime if i start another relationship before getting divorced

    I'm still married to my spouse although planning to get divorced but i am in another relationship

    Michael’s Answer

    Don't introduce the significant other (paramour) to your kids until the divorce is finished, if there are any, and you will be fine. What you do on your own free time during a divorce is your business. It is misdemeanor, but i have never seen a single person be prosecuted and such crimes are outdated and archaic.

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  • My ticket is a municipal offense for retail theft how can I get to do community serivice as my first offense?

    I know I need to pay for my mistatkes and I own up to it. Is it possible to do community serivice for this municipal offense?

    Michael’s Answer

    You should speak to lawyer, perhaps he can get you to pay a larger fine and amend the violation to something else.

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  • My Son's Father was charged with 5 cases of armed car jacking is it possible he can get some lesser charges

    5 witness pointed him out, he wasnt the one with the weapon, he wasnt driving. Someone else was with him and was also caught. i have no money looking for a pro bono lawyer maybe not sure how to go about things. He has no prior backround.

    Michael’s Answer

    Do you mean 5 cases or five counts? The state and the defense attorney can work out a plea where some charges are reduced depending on the evidence, his background and mitigating circumstances. There are lists and clinics that you may wish to look into. Your son's father should be able to at least obtain a public defender by signing an affidavit as to his low income.

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  • What kind of defense can my sister use for her Home Invasion charge?

    My sister is currently in jail for Home Invasion. She and her boyfriend had a big fight outside of his home. During the fight, he walked away & went inside his home slamming the door and locking her out. My sister still wanted to get belongings f...

    Michael’s Answer

    This is question is very fact specific as is this case. You really should contact a couple of attorneys in a private forum to give you and your sister guidance.

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  • What happens if i failed to show up in Cook county Court for first status court date. I am currently out of state.

    This is a divorce case, the petitioner has a counsel and I am Pro-Se. What happens during status hearing? Whats the next best thing for me to do now aside from hiring an Illinois counsel?

    Michael’s Answer

    Most likely they will file for a default judgment. They will get everything they want that is conscionable. You should immediatly file your appearance. It is simple and does not need a lawyer. Its on the cook county website. It's called an appearance form. Then you should appear at the next court date. The judge will likely not find you in default if there is an appearance on file. Worst case scenario you can always vacate the default within a specified period of time (dont wait more than 30 days). But, you should then file a response and a counter-claim with an attorney's help. There are many attorneys who do pro bono work and there are a number of legal aid organization to assist you or even take on your case.

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  • Typical sentence for Class B weed charge with 2 felonies in my past.

    i no that it depends on a hundred different things. but i am scared so can someone please teel me what they think the sentence would be for a class B weed charge with 2 prior felonies about 5 years ago? I have noting else on my record. I was hopin...

    Michael’s Answer

    Couple questions. 1.) What were felonies for? 2. How old are you? 3. Which County did this occur in? As long as you were not on probation/conditional discharge/ or supervision, I think with a decent attorney you should not face any jail time. But these factors you attorney must before proceeding ahead.

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