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James Richard Rowe II

James Rowe’s Answers

84 total


  • My brother is being charged with unlawfull delivery of a controlled substance.....

    The police raided his girlfriends house and found extasy pills in her house. He doesn`t live there and has prove of it but they are charging him with unlawfull delivery of a controlled substance. At the time of the raid he was out of town working...

    James’s Answer

    The case comes down to whether or not the state can prove possession. When drugs are not found on the person (i.e., in his pocket, etc.), they must show that he exercised control over the premises, such that the drugs can be attributed to him. If he does not reside in the home, is not on the lease, was not present at the time of the raid, and was not even in town at the time, unless the State has a witness who will testify that the drugs were his, that will be a tough case for the State to win.

    There are a number of ways the State can prove 'control over the premises', and a number of ways your brother can establish that he didn't have control over any premises. His prior felony may hurt him if he testifies b/c it was within 10 years; however, a good lawyer will be able to give you the best chance of getting this case dismissed on a motion for directed verdict of not guilty.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

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  • My company took my EOY bonus and redistributed it to other employees. Can they do it?

    I was not happy with my end of year review (they gave me a high rank but I wanted the highest - it's not like I got an ok review) and told them it wasn't fair and I was thinking of leaving. I said I had a lot of documentation to which probably co...

    James’s Answer

    I would want to review your contract and/or offer letter, as well as company policies, to determine whether you would have a legal claim to your bonus. My initial reaction is that, to the extent the bonus is not discretionary and is based upon past performance, you could likely lay claim to your fair share. The law abhors a forfeiture, and this may qualify as one. The Illinois Wage Payment Act would be instructive in your situation, as would basic principles of contract law, etc.

    A free consultation with an attorney who can review your documents, etc., would probably give you the answers you need to guide your steps moving forward.

    James R. Rowe, Esq.
    The Law Firm of Rowe & Associates
    (312) 345-1357
    www.RoweLegal.com

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  • I was in a car accident in August of last year. My med bills were 5300. How much should i negotiate for pain & Suff?

    The other person's insurance company offered me $4600.00 for Pain & Suffering. I have read online that pain & suffereing is usually 2 to 3 times the medical bills. Any suggestions?

    James’s Answer

    Consult with an attorney; you need to know that your rights are being protected and that you are being fairly compensated for your claim. Given the $5,300 in medical bills - assuming all were related to the incident - I would suggest that pain and suffering should be 2-3 times that amount, if not more depending on the nature of the injury. You may also have claims for lost wages, property damage, etc.
    Further, beware that the settlement is not a 'global' settlement, i.e., in settlemen of property damage and injury claims.

    Any time you deal with an insurance company, it is important to remember they are not acting in your best interest and not your advocate. Best to consult with an attorney you trust. Best of luck to you with your claim.

    James Rowe
    The Law Firm of Rowe & Associates
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    (312) 345-1357 tel
    Free Consultations - No Fee Unless You Win!
    www.rowelegal.com

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  • How can i get custody of my child if the mother gave her mother guardianship

    how can i get custody of my child if the mother gave her mother guardianship

    James’s Answer

    You would need to file a petition for custody and/or a motion to vacate guardianship and award custody to you. If you have not already been legally found to be the father (i.e., order of parentage or by voluntary acknowledgement of paternity signed at time of child's birth), you would also need to petition the court for an order of parentage. Once parentage is established, I would move for emergency right of visitation pending resolution of the custody matter, so you could at least begin to re-establish that relationship if in fact it has been severed.

    I would appreciate a favorable review if you’ve found this information to be helpful. If you have a moment, please do so at: http://www.avvo.com/attorneys/60602-il-james-rowe-1115887/write_review.html

    If i can be of further help to you, contact my office.

    Sincerely,

    James
    rowelegal@gmail.com

    The Law Firm of Rowe & Associates
    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

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  • I have a warrant in evanston,il for traffic case is their a way i can get the warrant quashed?

    i have a warrant in evanston,il for traffic case is their a way i can get the warrant quashed?

    James’s Answer

    Yes, an attorney can file a motion to quash warrant, and have you appear on the date set for presentment of the motion. Depending on the reason the court issued your warrant, the court may require you to post a bond to remain out of custody.

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  • I have been getting unwanted text messages from J.C. Penny, advertising sales. I would like to bring a class action suit.

    For myself and all others similarly situated. I have saved the text messages if they are needed. Please contact me by email @ paulsheehan88@yahoo.com, and by U.S. Mail @ 3036 Cranberry Hwy. #5 Wast Wareham, MA 02538. * These text messages have ...

    James’s Answer

    Have you incurred damages? Perhaps the cost of the text message would suffice. Also, you'll need to determine how they obtained your cell phone number, just to ensure you did not somehow/previously consent to receive the messages. If there is an opportunity to opt out, be sure to mention that to any attorney evaluating your claim.

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  • HELP! Step parent adoption in Illinois, biological parents NOT married, paternity NOT established, 'sperm donor' won't consent!

    The biological 'father' & I were never married, & he is not on the birth certificate nor did he register w/ the putative father registry. (nothing legally linking them) We both know they share genes, he and his family even came to see her at the h...

    James’s Answer

    • Selected as best answer

    Back support is not limited to the date you filed the petition; under certain circumstances you can obtain support retroactive to date of birth, plus birthing expenses, etc. You would have to prove a few things, such as that he had knowledge of the minor's birth, made no contribution or less than statutory guidelines, etc.

    Contact your states attorney's office, who may be able to represent you in the support issues. The rest of the issues will require you to file pro se, or retain an attorney.

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  • I was issued a Right to Sue Letter from EEOC...I now have 90 days to file a lawsuit >>>can I file the complaint myself, because

    I can not afford an attorney...

    James’s Answer

    Although you have a short period of time to prepare your lawsuit and file your Complaint, I would advise you to meet with an attorney that practices in employment discrimination matters. Many attorneys will provide you with a free consultation, and some cases like this are often handled on a contingency basis, meaning the attorney only gets paid if he wins or recovers damages for you, and he receives a percentage of the amount; that arrangement costs you nothing out of pocket (perhaps a filing fee) and if you obtain no damages/recovery, you don't have to pay. Usually, attorneys handle matters like this on a 1/3 basis, similar to personal injury lawsuits. Dont think that you can't afford an attorney until you have discussed your case with one, and had them give you an honest opinion/review.

    I represent clients on a contingency basis, and would be happy to speak with you regarding same.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates
    100 North LaSalle St., Suite 1010
    Chicago, Illinois 60602
    312-345-1357
    rowelegal@gmail.com
    www.rowelegal.com

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  • Can my ex get credit for the medical insurance that his EMPLOYER pays for, or only his contribution out of his pay?

    My ex wants to pay 100% of the health insurance premium on the kids (currently it says in my divorce that we are to split this 50/50). The reason he wants to pay it all is cause his new employer picks up a big chunk of the tab - the employee contr...

    James’s Answer

    If your case is pending in Will County (because it lists your location as Joliet), or any of the surrounding IL counties, you would likely want to file a motion with the court to amend any order that gave him credit for an expense paid entirely by his employer, and to potentially require that he provide 100% since he is able to do so here. His child support is to be based upon his net income, so insist that it is.

    Regardless, before you could even agree to give him a credit for insurance, you'd need to know the hard numbers re: cost. You can obtain this information through discovery in the litigation process.

    ---------------------------
    Give us a call to schedule a free consultation @ (312) 345-1357.

    James Rowe, Partner
    The Law Firm of Rowe & Associates
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312.345.1357 tel
    rowelegal@gmail.com

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  • My wife worked for a company & didnt get paid & company refuses to cut check or stop pay on lost check what can we do

    What are my options if an employer refuses to pay on time?

    James’s Answer

    You'll want to give notice to the employer of your demand for final payment. If the employer does not make payment as required under the law following your demand, then you can file a lawsuit.

    If you file a lawsuit, retain an attorney that will represent you on a contingency basis (i.e., you only pay if you win) to reduce any expenses.
    Regardless, don't wait. Your employer has no right to deny you your paycheck.

    ---------------------------
    Give us a call to schedule a free consultation @ (312) 345-1357.

    James Rowe, Partner
    The Law Firm of Rowe & Associates
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312.345.1357 tel
    rowelegal@gmail.com

    See question