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Illinois Questions & Answers
2 Answers | Asked in Traffic Tickets for Illinois on
Q: Outcomes for a second speeding ticket in Illinois during supervision?

I am 20 years old and living in Illinois. I received a speeding ticket for driving 66 in a 40 mph zone in January 2025, which was my first offense. The court reduced it to 65 in a 40 mph zone, and I was given six months of supervision, set to end in October. Recently, I got another speeding ticket... View More

Theodore J. Harvatin
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answered on Jul 17, 2025

They could revoke your supervision on the first one and convict you of the second one. That would result in a suspension of your drivers license.

Or they could keep the supervision in place on the first one and convict you on the second one. No direct impact on your drivers license but...
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3 Answers | Asked in Immigration Law and Family Law for Illinois on
Q: How can I bring my nephews from Colombia to the U.S. to live with me?

I am a U.S. citizen living in Chicago, and I have two nephews aged 16 and 18 living in Colombia. They are not in school and are currently in a bad situation with no other family around. I want to bring them to live with me here in Chicago and plan to seek legal guardianship once they arrive. What... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 18, 2025

There’s no family-based immigration category for uncle-nephew relationships under current U.S. law. If your nephew wants to come to the U.S., applying for a student visa is one possibility, but they’ll need a U.S. citizen or green card holder to sponsor them and cover tuition and living... View More

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3 Answers | Asked in Divorce, Contracts and Family Law for Illinois on
Q: What are my rights if my divorce agreement waived alimony but income was miscalculated?

I am currently in the pre-trial stages of a divorce, and we have a signed agreement filed in court from February 2025 to waive alimony. Initially, both parties, having legal representation, agreed on this waiver. However, during the last court date on July 3rd, it was stated that there was a... View More

Brian W. Reidy
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Brian W. Reidy
answered on Jul 11, 2025

It’s difficult to give a clear answer without seeing the actual documents or knowing more about the current status of your case, especially given the way your question is phrased. You mentioned that there’s a “signed agreement filed in court,” but also that there’s an upcoming pretrial.... View More

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2 Answers | Asked in Social Security and Public Benefits for Illinois on
Q: Am I eligible for SSDI after strokes and mental health issues?

I am a 62-year-old male seeking legal guidance regarding my eligibility for Social Security Disability Insurance (SSDI). I became unable to work starting February 12, 2025, due to several serious medical issues. I suffered two strokes: the first on December 30, 2023, and the second on January 17,... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

At age 62, you can apply for both Early Retirement and Social Security Disability. The Disability is about 20-25% higher than your Early Retirement Social Security.

If your doctors agree that your medical conditions prevent the work you have done for the last 5 years, then you have a good...
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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Illinois on
Q: Can I force landlord to fix HVAC due to high humidity in Chicago apartment?

I recently moved into a new apartment in Chicago, and I've been experiencing issues with the HVAC system. The humidity in my bedroom fluctuates between 70-80%, creating a musty smell. I'm concerned about mold growth, as I've noticed black spots on the vents. Despite my immediate... View More

Charles Candiano
Charles Candiano
answered on Jul 10, 2025

Exactly what you can or cannot compel your landlordTo do is spelled out in your lease. I have never seen the lease in Chicago that recited a minimum or maximum relative humidity that needed to be achieved or maintained. There are literally dozens of possible reasons why one room would be more... View More

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Q: Neighbor violating privacy causes damage and harassment, seeking legal actions.

I live in a low-income apartment for the disabled, and my next-door neighbor has been accessing my home without my permission while I'm away. The neighbor has caused damage to my furniture, stolen mail, and manipulated false income documents. They have tampered with my food and drinks, which... View More

Charles Candiano
Charles Candiano
answered on Jul 9, 2025

You claim that your next-door neighbor is:

1.) "accessing my home without my permission" - You have heard of locks. They are cheap and you can put them on doors and windows.

2.) " blowing something up from the crawl space that irritates my eyes and throat" - How...
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3 Answers | Asked in DUI / DWI, Criminal Law and Employment Law for Illinois on
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?

I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More

Theodore J. Harvatin
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answered on Jul 8, 2025

You say you received six months of probation. I think you mean you were suspended for six months?

If so, the suspension does not end just with the passage of time. You also have to pay the $250 reinstatement fee to the secretary of state to fully terminate the suspension.

You...
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3 Answers | Asked in DUI / DWI, Criminal Law and Employment Law for Illinois on
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?

I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More

Charles Candiano
Charles Candiano
answered on Jul 9, 2025

The most insidious lies are the ones that you tell yourself. on your facts, you confirmed to law enforcement: 1.) that you violated probation (by driving); 2.) that you violated state law by driving without insurance (you did not have a valid license so irrespective of whether you paid for... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Is it safe to travel abroad on H1B visa after filing I-130 and I-485?

I am currently on a valid H1B visa with a stamp active until August 2026. I am about to marry a U.S. citizen and plan to apply for I-130 and I-485 shortly after the marriage. We have scheduled our wedding celebrations abroad, in Israel and India, for December 2025 to January 2026. I have not... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Jul 5, 2025

H-1B is a dual intent visa. You do not need advance parole while traveling on an H-1B visa. You would not be deemed to have abandoned your I-485 application if you left the US while your I-485 is pending, because H-1B is dual intent and you can travel on it.

You have two options:...
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2 Answers | Asked in Civil Litigation, Personal Injury and Domestic Violence for Illinois on
Q: What are potential civil court sentences for egging/painting a car, mental health claims, and a restraining order?

In a civil court case involving two counts of egging and painting a car with kids' paint, what might be the sentence considering these circumstances? The case includes mental health claims with a restraining order currently in effect. There are no prior disputes, and the plaintiff is seeking... View More

Charles Candiano
Charles Candiano
answered on Jul 3, 2025

This is easy. This is a small claims case as the amount in controversy is less than $10,000.00. The amount someone sues for has very little to do with anything. The Court will award the cost to repair/clean/restore the car. If a restraining order was in effect, additional monetary penalties may... View More

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3 Answers | Asked in Bankruptcy and Business Law for Illinois on
Q: Will giving my wife a credit card impact her bankruptcy or my credit?

I want to give my wife a credit card from my account, solely under my name. I am not filing for bankruptcy, and my credit is excellent. My wife is filing for bankruptcy soon. We have a lawyer on retainer, and most of the paperwork is ready to be filed within the next week. We have no joint credit... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 29, 2025

If your wife files a Ch. 13, she should identify whatever income/payment of debt you provide. In addtion, she should show whatever share of household expenses you provide.

In a Chapter 7, the "curtain" drops on date of iling (wife's eligibility for bankruptcy may be...
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2 Answers | Asked in Contracts and Family Law for Illinois on
Q: How can I create a legally binding college payment contract with my parents as a minor in Illinois?

As a 17-year-old, I want to create a legally binding contract with my parents to ensure they pay for my first four years of college. Past behavior from my parents, such as leaving my older sister with college debt, makes me concerned for my future financial responsibilities. Although my parents... View More

Cheryl Powell
Cheryl Powell
answered on Jun 26, 2025

First of all, you have no right to contract until you are age 18 or over. Secondly, if your parents are still married, they are not legally obligated to provide you support through college. That is only a requirement if there is a divorce case and certain criteria are met. Usually I say they... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Illinois on
Q: Near-miss with cyclist while turning, reported to police, awaiting further action.

I made a right turn, and a cyclist was closer than I thought, resulting in a near-miss incident. There was a witness, and the incident was reported to the police. I haven't exchanged information with the cyclist, nor have I been contacted by any insurance companies yet. While no citations have... View More

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

You posted this twice but you don't provide any details. You described the incident as a "near miss," yet you talk about a witness and a possible pending citation. For what? Did the cyclist hit your car? Did the cyclist wreck his bicycle to avoid colliding with you? Was the... View More

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: Am I liable if my dog jumps on someone after warning them not to approach in Illinois?

In Illinois, while I was walking my dog on a leash, I informed someone not to approach because my dog is in training. Despite my warning, they approached anyway, and my dog jumped on them. My dog has never shown aggressive behavior before. Am I liable for my dog's actions in this situation?

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2025

Generally, yes. But it can also be fact-specific - radius of dog's tether, person affirmatively approached or simply had nowhere else to pass, manner in which you tried to warn off, etc. In some cases, the person's conduct could be deemed contributory. Luckily, the damage sounds like it... View More

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: Am I liable if my dog jumps on someone after warning them not to approach in Illinois?

In Illinois, while I was walking my dog on a leash, I informed someone not to approach because my dog is in training. Despite my warning, they approached anyway, and my dog jumped on them. My dog has never shown aggressive behavior before. Am I liable for my dog's actions in this situation?

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

If you could prove that you warned the individual (such as by an eyewitness who overheard the exchange), the person who your dog attacked may bear some contributory negligence. That notwithstanding, you are liable for the attack because the animal was out of your control. The fact that your dog... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Illinois on
Q: Can my husband claim a house I buy with my own money before divorce in Illinois?

I have been living with friends for three months, but my mail still goes to my husband's house in Illinois. We are not legally separated or divorced yet. I plan to buy a house entirely with my own money, and we have no shared funds or prenuptial agreement. My husband is possibly aware of my... View More

Brian W. Reidy
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Brian W. Reidy
answered on Jun 24, 2025

Yes. Do not buy a house during the marriage unless you understand all of the legal consequences. Based on your message, you may believe that "your" money is yours because it comes from your paycheck and it is placed into your account. This is not accurate. I highly suggest that you speak... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: What are the legal consequences of turning right into a cyclist's path with right of way?

I turned right at an intersection where a cyclist had the right of way. I thought I could make the turn safely, but there was a problem. There was a witness there who saw what happened, but I'm not sure if there are any surveillance cameras or recordings of the incident. The cyclist had the... View More

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

You posted this twice but you don't provide any details. You described the incident as a "near miss," yet you talk about a witness and a possible pending citation. For what? Did the cyclist hit your car? Did the cyclist wreck his bicycle to avoid colliding with you? Was the... View More

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2 Answers | Asked in Immigration Law for Illinois on
Q: Will my new I-485 application be jeopardized after past denial and possible NTA?

In 2023, my green card application was denied because my previous spouse refused to attend the interview. I am now remarried to a U.S. citizen, and I filed a new I-485 in April 2025. Given my past denial, will my current application be jeopardized, and is there a risk of receiving a Notice to... View More

Julia Sverdloff
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Julia Sverdloff
answered on Jun 15, 2025

Congratulations on your recent marriage and upcoming addition to your family!

Your prior I-485 denial (due to lack of cooperation from your previous spouse) does not automatically jeopardize your new adjustment of status application, as long as your current marriage is genuine and you meet...
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2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: How can I protect my boyfriend from charges related to texts discovered by my parents?

I am 17 years old, and my boyfriend is 22. My parents discovered flirty and sexual text messages between us that date back to three months before I turned 17. There are no existing restraining orders and no previous involvement with law enforcement. My parents have been threatening for 4 months to... View More

Ahmet Kaymaz
Ahmet Kaymaz
answered on Jun 14, 2025

This is a very delicate and stressful situation, and it’s clear you're trying to handle it responsibly while protecting someone you care about. The main legal risk your boyfriend faces is whether the messages—especially those sent before you turned 17—could be interpreted as evidence of... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Do I have a case for lymphedema caused by medical negligence?

I developed lymphedema after a member of my healthcare team took my blood pressure on the side where I had lymph nodes removed due to breast cancer. The incident occurred about a month ago, and my oncologist diagnosed it as lymphedema. My medical history, including records from my surgical... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2025

I agree with much of what my colleague wrote. That said, I must point out that someone with a severe allergy to peanuts bears the responsibility of asking whether food contains peanuts before they ingest it. You cannot charge the entire world with the responsibility of knowing that you have an... View More

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