James Richard Rowe II’s Answers

James Richard Rowe II

Personal Injury Lawyer.

Contributor Level 12
  1. If you file a petition to reopen your case and lose can you file a motion to reinstate?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. James Richard Rowe II
    2 lawyer answers

    You should file a motion to vacate the default entered against you. Most times, a timely motion to vacate with a reasonable explanation of why you failed to appear in court, will suffice. Beware, as the law requires certain motions to be filed within so many days of the Judge's decision that you are trying to overturn. These deadlines can be very short. Sincerely, James Rowe The Law Firm of Rowe & Associates jamesrowe@rowelegal.com Chicago office: 100 North LaSalle Street,...

  2. Will i be fired?

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. Daniel G. Galivan
    3. James Richard Rowe II
    3 lawyer answers

    I would agree with the other attorneys, that although Illinois is an at-will employment state, it would be terribly heartless for them to fire you solely for that reason. I wish you the best of luck, and am hopeful it turns out for the best all around. God bless. 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:...

  3. It is illegal for a employment compamy to conduct a search on individual employee wealther with or with out a caurse reason?

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. James Richard Rowe II
    2 lawyer answers

    It sounds like you may have a case to the extent the "search" was unconscionable or discriminatory. If you were in any way prevented from leaving, you may have a claim for false imprisonment, etc. A civil rights attorney will be able to further advise you. And please note that attorneys do often provide free consultations and work on a contingency basis (you only pay if you win your lawsuit), so don't be discouraged from asserting and protecting your civil rights based on financial concerns...

  4. Regarding a workman's comp case

    Answered over 3 years ago.

    1. Charles Joseph Michael Candiano
    2. James Richard Rowe II
    3. Michael J. Helfand
    3 lawyer answers

    You would be unable to assert your husband's rights to worker's comp unless/until your husband were to execute an agreement allowing you to act on his behalf, or until a Judge would rule him incompetent and/or appoint you as the guardian of his person/estate. The time to bring any claim is limited by statute, so keep that in mind. If he waits too long, or if he already has waited too long, he may be precluded from filing any claim. Best of luck to you and your husband. Sincerely,...

  5. What is circumstantial evidence and is it beatable in a criminal drug case?

    Answered over 3 years ago.

    1. Ronald D. Dolak
    2. Alexander M. Ivakhnenko
    3. David Matthew Gotzh
    4. James Richard Rowe II
    4 lawyer answers

    A witness saying that the defendant stabbed the victim is direct evidence. By contrast, a witness who says that she saw the defendant enter a house, that she heard screaming, and that she saw the defendant leave with a bloody knife gives circumstantial evidence. A prior felony conviction is not circumstantial evidene - because it is what it is, and requires no inference. However, depending on the facts of the other felony conviction, it may not even be admissible and a motion to suppress...

  6. There can only be third party negligence action. All claims must be joined together

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. James Richard Rowe II
    3. Steven Abraham Amjad
    3 lawyer answers

    You would be unable to assert your husband's rights to worker's comp unless/until your husband were to execute an agreement allowing you to act on his behalf, or until a Judge would rule him incompetent and/or appoint you as the guardian of his person/estate. The time to bring any claim is limited by statute, so keep that in mind. If he waits too long, or if he already has waited too long, he may be precluded from filing any claim. Best of luck to you and your husband. Sincerely,...

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

    Answered over 3 years ago.

    1. Wayne E. Brucar
    2. Steven Abraham Amjad
    3. Daniel G. Galivan
    4. Fred Mark Dry
    5. James Richard Rowe II
    5 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. James Richard Rowe II
    2. Alan James Brinkmeier
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Alan James Brinkmeier
    2. James Richard Rowe II
    3. David Matthew Gotzh
    3 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Martin Samuel Lascola
    2. Alan James Brinkmeier
    3. Michael J. Helfand
    4. James Richard Rowe II
    5. Daniel G. Galivan
    6. ···
    6 lawyer answers

    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.