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  1. Michael Wechsler

    Shoplifting, Larceny, Robbery, Theft am I going to get an accessory after the fact charge

    An accessory after the fact crime typically requires that the accessory have had knowledge that the criminal defendant committed the crime and intentionally helped them avoid capture or punishment. With an "after the fact" charge the police aren't alleging that you helped your friend commit the...
  2. Michael Wechsler

    The History of Our Legal System

    And who make a living doing it. ;)
  3. Michael Wechsler

    Negligence, Other Injury Marijuana Use Leads to Murder, Failure to Warn Lawsuit

    Here is an interesting case involving a criminal suspect who murdered his wife while under the influence of marijuana. His in-laws sued the manufacturer and seller of the marijuana candy claiming that the manufacturer and seller of the marijuana candy failed their duty to warn about the...
  4. Lawsuit Alleges Marijuana Candy Caused Murder

    News Lawsuit Alleges Marijuana Candy Caused Murder

    Three children whose mother was allegedly murdered by their father have filed a wrongful death lawsuit against a recreational marijuana edibles company, the store that sold the product and the defendant. In 2014, Richard Kirk allegedly purchased recreational marijuana candy from a local Denver...
  5. Michael Wechsler

    The History of Our Legal System

    Nice, lol. I had no idea that legalese traced as far back as the code of Hammurabi. Irony is the concept that "ignorance of the law is no excuse" with the assumption it could be both read and understood.
  6. Michael Wechsler

    Breaking a Lease Breaking a 2 year Rental Lease

    Depending upon the jurisdiction, you may not be required to pay rent if the landlord does not have a certificate of occupancy. In fact, the landlord may not be able to recover any rent for the entire period of time that the residence did not have a certificate of occupancy since, by definition...
  7. Michael Wechsler

    Slandering ex-Tenant

    While the case against the former tenant can also include a defamation claim if false statements were uttered, your best remedy - by far - is to sue the tenant for breaching the lease agreement. And if the tenant had the right to break the lease agreement then chances are your case for tortious...
  8. Michael Wechsler

    Can I get the down payment back on my vehicle?

    I can't understand why anyone would want to take a major loss instead of simply insuring the vehicle. Now if it's as a result of being so desolate that you were unable to afford just the insurance payments then it's a combination of what was said above. Any and all fees, expenses and losses will...
  9. Michael Wechsler

    Divorce

    No easy solution if the two parties can't agree on how to divide their property. If you're headed to divorce court the attorneys may get the property.
  10. Michael Wechsler

    Can I Put a Rental Property Into a Supplemental Needs Trust and Not Lose Benefits?

    It's not entirely clear what you plan to do and how this would benefit you or someone else. A supplemental needs trust has specific rules. If you're going to benefit from a trust, which is usually created to benefit someone else, you're likely going to see a reduction in your SSI benefits unless...
  11. Michael Wechsler

    Other Criminal Charges & Offenses Statue of limitations Illinois

    Perhaps the issue relates to this: Gov. Quinn signs law to remove statute of limitations for child sexual abuse, ensuring survivors no longer run out of time to seek justice - Chicago Children's Advocacy Center Governor Quinn signed a bill into law that eliminates the criminal statute of...
  12. Michael Wechsler

    Other Criminal Charges & Offenses Statue of limitations Illinois

    If there was an issue, e.g. the statute of limitations lengthened, there would be a clause dealing with the treatment of crimes committed prior to the act. In the United States there is a legal concept called ex post facto which, under the Constitution, forbids the creation of a law that changes...
  13. Michael Wechsler

    Burglary, Arson, Home Invasion discovery mishap

    The requirement is that the district attorney disclose their evidence to the defendant. I'm not sure what the issue is and whether it is substantive, especially since you already know your alibi. If you're just looking to find something technically wrong that makes no difference in your case...
  14. DOJ & North Carolina Sue Each Other Over LGBT Bathroom Law

    News DOJ & North Carolina Sue Each Other Over LGBT Bathroom Law

    The U.S. Department of Justice (DOJ) filed a lawsuit after the State of North Carolina filed one earlier concerning the constitutionality of HB 2, informally known as the LGBT bathroom law. The Public Facilities Privacy & Security Act (Session Law 2016-3 House Bill 2) requires that people use...
  15. Michael Wechsler

    Emergency eviction of tenant needed

    Good point and agreed - it's not altogether clear and there is probably a threshhold somehwere as to when a guest's minor contributions cross over into tenant. I think that factor 3 - the purpose behind the occupancy - may be telling. The cases cited above concern immediate family members who...
  16. Chicago Expungement Summit Provides Help Clearing Criminal Records

    News Chicago Expungement Summit Provides Help Clearing Criminal Records

    While people convicted of a crime pay their debt to society, upon release their criminal record travels with them wherever they go. Since public databases and background checks are common and affordable, the repercussions of one minor mistake can become an eternal scarlet letter. One remedy to...
  17. Michael Wechsler

    can the states attorney advise you on whether you need a lawyer ?

    My apologies and stand corrected. True, driving with an expired driver's license is an offense that can carry time in jail. It's still a criminal misdemeanor and doesn't change the fact that your adversary cannot ethically provide you any advice on whether you should obtain the services of an...
  18. Michael Wechsler

    LLC formation question

    And then there is the issue of operating an LLC with assets in a foreign state. You can tack on additional expenses. A friend of mine had made an investment in Florida property. At first it went well, being a new unit. He even had a real estate management company handle the investment. He ended...
  19. Michael Wechsler

    Opposing party filed 3 false domestic violence cases against me...

    Did you file against them? If you didn't give any statement and file a police report for the attack against you then your credibility might be an issue should you even proceed to filing a lawsuit for defamation. I doubt any attorney will take a defamation lawsuit on contingency and will require...
  20. Michael Wechsler

    Breaking a Lease rules for filing Unlawful Detainer

    I believe you're referring to the acceptance of rent stopping an Unlawful Detainer action. It's not that simple. If the landlord accepts partial rent, the landlord would likely be able to amend and reserve notice upon the tenant. EDC Associates Ltd v. Gutierrez (1984) is a seminal case on the...
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