John T. Moran Jr.'s Answers

John T. Moran Jr.
Chicago Appeals Lawyer.
Contributor Level 8

3

Attorney answers:

  1. Robert Jeffrey Long
  2. John T. Moran Jr.
  3. Mitchell Scott Sexner

How can the defendent ask the court for a Special Prosecutor.

Asked by a user in Chicago, IL - 16 days ago.

While I agree with most of what other counsel have stated, if you are an interested party and have direct evidence of what you are claiming, you could arrange to meet with someone in the U.S. Attorney's office in the Northern District of Illinois. Again, you would have to have actual evidence, not speculation or rumor. Has this subject been raised with the PD assigned to the case? If not, he/she is the first person who should be told so they might examine the issue in depth.

2 lawyers agreed with this answer

2

Attorney answers:

  1. Robert Jeffrey Long
  2. John T. Moran Jr.

What questions im I allowed to asked my eeoc investigator,I filed three years ago a disability, retaliation?

Asked by a user in Chicago, IL - 18 days ago.

First you should immediately ask why have they taken so long to investigate. If the answer doesn't satisfy you, ask to speak to their supervisor. You should check with anyone you told the investigator could corroborate your charge to see if they have been interviewed. You can always ask for a right to sue (RTS) letter.

3

Attorney answers:

  1. John T. Moran Jr.
  2. Michael Joseph Finn
  3. Ronald D. Dolak

15 yr old that has never been in trouble was charged with Possession of a marijuana pipe that he got caught with in school.

Asked by a user in Pekin, IL - 7 months ago.

You should contact counsel immediately. Many counties in Illinois are reducing such offenses to petty offenses but only local counsel will know. Obviously, at 15, the boy is a juvenile under Illinois law and may be subject to what they call a dispositional hearing - like a trial in many ways. But there could also be ramifications for the parents or guardians of the child.

1

Attorney answers:

  1. John T. Moran Jr.

Is there recourse for being black-balled by a former employer or a potential employer recinding job offer in Illinois?

Asked by a user in Chicago, IL - about 2 years ago.

While nothing I say here should be read as constituting legal advice, I can tell you that you need evidence that a court would consider that your former employer is either "blackballing you" (defaming you) or otherwise intentionally interfering with your ability to work in similar positions in the same general area. As an attorney, one problem I have with your question is your statement that you were refused unemployment benefits. There is only one basis in Illinois for refusal and that is...

2

Attorney answers:

  1. Peter LaSorsa
  2. John T. Moran Jr.

How can I appeal this?

Asked by a user in Chicago, IL - over 3 years ago.

This does not constitute legal advice or an attorney-client relationship. In Illinois, the only basis for the denial of unemployment benefits is "misconduct." So, your former employer had to claim that your conduct had certain effects on its profits and reputation and/or that you committed a crime, such as fraud, theft, using drugs in the workplace or similar conduct. You leave out the basis for your discharge and without that, it is impossible to gauge the likelihood of success to appeal...

1

Attorney answers:

  1. John T. Moran Jr.

Under IL criminal procedure if motion to quash arrest was denied is it possible to appeal

Asked by a user in Aurora, IL - almost 4 years ago.

A criminal defendant may not appeal a court ruling that occurs before the entry of a final judgment of conviction, that is, after there is a finding of guilty and a sentence imposed. However, in unusual cases, one can file for an original writ of mandamus to contest matters such as whether juveniles have a right to bail. I was successful in the latter case. The State can appeal so -called "interlocutory rulings" where they claim that it imposes a burden on their ability to prosecute. So...

3

Attorney answers:

  1. Mark William Oakley
  2. Christopher Thomas Staiti
  3. John T. Moran Jr.

What happens if the defendant does not file a reponse to a contempt order.

Asked by a user in Severna Park, MD - 19 days ago.

You don't indicate the kind of contempt that the "defendant" must "show cause" for. There are many variations: direct and indirect criminal contempt and direct and indirect civil contempt. Some can be satisfied by a person performing a particular act - it could be an apology to the court for an improper comment, or producing documents or information. So without knowing what kind of contempt, it is hard to say what would happen for not filing an answer.

4

Attorney answers:

  1. Darrel S Jackson
  2. Margherita Maria Albarello
  3. Michael J Palumbo
  4. John T. Moran Jr.

If I have enough paid time off to cover my cancer treatment why do I need to file FMLA paperwork?

Asked by a user in Bullhead City, AZ - 21 days ago.

You should answer the paperwork because it can protect you from loss of your job while you are off on FMLA leave. And you can't go on such leave without the Employer's permission and under the Rules governing FMLA leave, the Employer has the right to know why. The federal courts generally find that any reasonable excuse by an employer to discharge an employee (who is not covered by either a collective bargaining agreement or a written employment contract or a municipal employee) who is out...

1

Attorney answers:

  1. John T. Moran Jr.

I plead guilty to odometer fraud 15 years ago and got probation can this be expunged?

Asked by a user in Tupelo, MS - 7 months ago.

Were you prosecuted in a state court? If so, which one, Oklahoma or Mississippi? The laws of each state would control the question of expungement and you need local counsel to answer that question.

3

Attorney answers:

  1. Michael R. Cohen
  2. Karyn T. Missimer
  3. John T. Moran Jr.

What can be done if falsified police reports, a falsified indictment, and false criminal complaint were filed against me?

Asked by a user in Milwaukee, WI - 7 months ago.

Have your evidence reviewed by counsel. You did not say whether or not the charges were still pending against you. If they are not, you should contact counsel immediately in Milwaukee. A number of lawyers in Chicago have represented folks in similar situations involving John Burge, a former Chicago Police lieutenant. You should have your family, if you are jailed, contact them.