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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

James L. Arrasmith
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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Need representation for combating a protective order.

So, I'm receiving a inheritance under the condition I no longer speak to other family members. I don't really care about having a relationship with them. They screwed me out of billions of dollars.

After the entire inheritance was setup I was notified by the family lawyers... View More

Cheryl Powell
Cheryl Powell
answered on Mar 28, 2024

There are many terms that mean vastly different things. Have you received any papers? A protective order is different from a restraining order, a preliminary injunction, a no contact order and a no stalking order. The precise language used here matters. What will get you gun rights taken away... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: 2 people own a car in Illinois and are stopped by police.They ask to search the car. One owner says yes the other no

Can they search the car..they were stopped for not making a complete stop for a right turn on red

James L. Arrasmith
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answered on Mar 16, 2024

In Illinois, if two people own a car and are stopped by the police, the consent to search the vehicle can be a complex issue. Generally, if one owner consents to the search and the other does not, the law typically allows the police to proceed with the search based on the consent of the one owner.... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Can a city cop in Illinois pull u over and arrest you outside city limits
Theodore J. Harvatin
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answered on Mar 7, 2024

If he observed you committing the offense in his jurisdiction and followed you to another jurisdiction definitely. If he saw you committing the offense in another jurisdiction, while he was in his jurisdiction, highly likely that he can. Most jurisdictions have cross jurisdiction agreements.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
James L. Arrasmith
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Illinois on
Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language... View More

James L. Arrasmith
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answered on Feb 23, 2024

In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you... View More

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

James L. Arrasmith
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answered on Feb 24, 2024

The ability of the courts or the prosecution to change a charge mid-trial or after the trial depends on various factors, including the specific circumstances of the case and the applicable laws in the jurisdiction. While there may not be a strict statute of limitations on amending a charge, there... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

James L. Arrasmith
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answered on Feb 24, 2024

If your ex-husband knowingly provided false information in the order of protection he filed against you, it may be possible to challenge the validity of the order. Courts typically require individuals seeking orders of protection to provide truthful and accurate information to ensure the protection... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Illinois on
Q: Can I withdrawal a guilt plea after I took a plea but was mentally unstable in court?

I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time.... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: Given code to gate and email permission and text to take scrap manager says no. Warrant issued now theft/burglary?
T. Augustus Claus
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answered on Jan 30, 2024

In Illinois, if you were given a code to a gate and received email and text permission to take scrap, but a manager later denied this permission and a warrant was issued for theft or burglary, the situation becomes legally complex. The key issue revolves around the legitimacy and understanding of... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: Can a sheriff or local police arrest you without a warrant? I'm being harassed by authority's at my home .

I just left my probation? She said I don't have any warrant but I'm being harassed by authority's??at home &I'm afraid to answer the door what should I do.

James L. Arrasmith
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answered on Jan 29, 2024

In the United States, a sheriff or local police can arrest someone without a warrant under certain circumstances. This typically includes situations where an officer has probable cause to believe that a person has committed a crime, or in cases of a crime committed in the officer's presence.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, I'm truly sorry & embarrassed of sharing it, but when I was 19, I met someone off dating site & we went on a date

the person lied to me about their age & me being less than smart, it did not come to my mind to ask a person for proof of age & instead based of the person physical traits, I believed the false age which this person claimed on the profile of dating site & the person was actually under... View More

James L. Arrasmith
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answered on Jan 26, 2024

I cannot make any definitive legal assessments regarding your situation or chances for citizenship. However, I can provide some general information.

A misdemeanor offense, especially one from many years ago when you were young, does not automatically preclude you from potentially obtaining...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I arrested for possession of controlled substance which I have a rx for. I don't want to hire an attorney. What can I do

I have a letter from my doctor stating that I am prescribed the medication (Xanax). I've had 2 court dates where they asked about representation. I was going to try and hire an attorney. However, I can't afford it and why should I when I shouldn't have been charged in the first... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2024

Usually, the prosecutor will talk to you. Make an appt to talk to that person. See if you can get them to voluntarily dismiss it. It is not normally the judge who we try to reach deals with. But if they won't dismiss And you cannot afford a lawyer, ask for a pd.

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