Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lori Levin
1 Answer | Asked in DUI / DWI for Illinois on
Q: I refused to take a breath test and lost my license for a year. How can I get it reinstated sooner?
Lori Levin
Lori Levin answered on Oct 7, 2016

Based on your question, it is unclear where you are in the process. Did your lawyer timely file a petition to rescind the summary suspension of your driver's license? If not, or it was withdrawn or you lost the hearing, did you apply to drive with a BAIID device or have you applied for a restricted... Read more »

2 Answers | Asked in Criminal Law for Illinois on
Q: I live in Illinois and I was arrested for dui. I took a fst but did not take a breath and I hadn't drank what can I do
Lori Levin
Lori Levin answered on Feb 2, 2016

Please contact an experienced Illinois criminal defense attorney as soon as possible. You are not only facing a misdemeanor charge but may have issues with your driving privileges. It is important to deal with the situation directly and quickly.

Lori G. Levin

Attorney at Law...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: How should I prepare for my preliminary hearing regarding a drug felony charge in Illinois?

I won't have a private attorney.

Lori Levin
Lori Levin answered on Dec 4, 2014

A person who is charged with a felony in Illinois is entitled to a determination of probable cause, by a judge through the process of a preliminary hearing or by a grand jury. It is up to the prosecutor to determine whether the state proceeds via preliminary hearing or grand jury.

At a...
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: Can a statement be thrown out?
Lori Levin
Lori Levin answered on Jan 4, 2015

Although a defendant's statement may be challenged by the filing of a motion to suppress statements, there is no guarantee that the court will, in fact, suppress the statement.

There are a number of legal grounds that may be detailed in such a motion to determine whether or not Miranda...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Illinois on
Q: WHY IS IT THAT WHEN A WOMAN SAYS U HIT HER THATS WHAT THE COURTS BELIEVE IF THAT ISNT THE TRUTH
Lori Levin
Lori Levin answered on Mar 16, 2013

If a criminal charge of domestic battery is filed against someone, there can be a trial to determine whether or not the charged is proved beyond a reasonable doubt. On the civil side, if certain relationship connections are alleged, a person may apply for an ex parte emergency order of protection,... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: He is being charged with a possession of a firearm. The gun was not his. he was shot he's being charged. what can he do?

The gun was found on the balcony, and bullets found in the roommates room. He does note live in that house and his name is not on the lease. They said that they are charging him with it because there was a shell casing found in the room that he was in and he has the wound, but there were two other... Read more »

Lori Levin
Lori Levin answered on Mar 16, 2013

A question such as this is difficult to answer without having access to the police reports, interviewing the person charged as well as reviewing other evidence. The person charged should contact an experienced criminal defense attorney as soon as possible. That person will be able to evaluate the... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What regulations must you follow in a trial?
Lori Levin
Lori Levin answered on Feb 27, 2013

This is a complicated question. Attorneys spend three years in law school learning many of the requirements necessary to know when conducting themselves in a court of law.

Should you need legal assistance, it is always best to retain counsel rather than attempting to represent...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: My boyfriend was falsely arrested and charged with robbery,the situation had nothing to do with robbery please help?!
Lori Levin
Lori Levin answered on Jan 2, 2013

Your boyfriend should contact an experienced criminal defense attorney as soon as possible. Once retained, that lawyer, after speaking with your boyfriend, reviewing the charges, and reviewing the evidence can best advise him.

This answer is merely for informational purposes only and does...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What if there was no probable cause and the police came and raided someone's home?
Lori Levin
Lori Levin answered on Nov 12, 2012

Depending on the facts and circumstances, a criminal defense attorney may file a motion to suppress the search. If you have been charged pursuant to such a search, please contact an experienced defense attorney as soon as possible.

Lori G. Levin

Attorney at Law

180 N. LaSalle,...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Im on probation and i had a court date for possessing a replica firearm and i missed it what are the options
Lori Levin
Lori Levin answered on Oct 24, 2012

Please contact your lawyer, or if you do not have one an experienced defense attorney, immediately. It is possible that warrants may have been issued for your arrest, both for the probation violation as well as for the new underlying case.

This posting is for informational purposes only and...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: My son is in jail right now because of a mistake he did when he was seventeen, this is the charge now.

THEFT OBTAINS/EXERTS UNAUTHOIZED CONTROL OVER PROPERTY and INTENDS to DEPRIEVE-FELONY

Custody Status: Pretrial

This was a snow board that cost $1000.00. It was given back to the owner and no charges were pressed. The state charged him with the theft and this is what they are charging... Read more »

Lori Levin
Lori Levin answered on Sep 7, 2012

It is difficult to answer whether your son should seek the assistance of a public defender or seek private counsel. Depending on his assets, he may or may not qualify for representation by the local public defender office.

Your son should seek counsel and advice as soon as possible. His...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a civil court judge sign a felony search warrant?
Lori Levin
Lori Levin answered on Aug 4, 2012

Yes. In Illinois, full circuit and associate judges are judges of general jurisdiction. This means that they may be assigned to various divisions and are empowered to have all the authority of any other circuit or associate judge.

Lori G. Levin

Attorney at Law

180 N. LaSalle,...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: How do i attend theft classes?
Lori Levin
Lori Levin answered on Aug 4, 2012

In some of the misdemeanor courts in Cook County, the prosecution gives charged defendants the alternative of attending theft prevention classes rather than be subject to prosecution. In those cases, you are given the contact information for the theft prevention classes. At least one of the... Read more »

1 Answer | Asked in Juvenile Law for Illinois on
Q: My 17 year old nephew was stopped by the police and eventually arrested. How can that record be cleared?
Lori Levin
Lori Levin answered on May 2, 2012

There are a number of factors to consider before rendering a competent answer. Was your nephew charged with a felony or a misdemeanor? In Illinois, 17 year olds charged with misdemeanors are considered juveniles but if charged with a felony, they are considered adults.

What happened to the...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Do I need to hire a lawyer if my husband was charged with a Class 4 Felony - damage to government property?
Lori Levin
Lori Levin answered on May 2, 2012

If your husband is charged with a Class 4 felony, that is a serious charge. A felony, by definition in Illinois, is a crime that may be punishable by more than a year in custody. Depending on your husband's history with the criminal justice system, he may be eligible for probation if he is... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: How common is it for a petition to seal to receive an objection?
Lori Levin
Lori Levin answered on Jan 9, 2012

It is difficult to answer that question without having more information. Is the offense eligible to be sealed? If so, has the requisite time passed? Will local law enforcement or the local state's attorney's office have a basis to object? Will the state police?

In these situations, it is...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: How do i beat an class 2 felony by arson
Lori Levin
Lori Levin answered on Dec 8, 2011

Although no attorney can guarantee that you will be acquitted, you should immediately contact a reputable criminal defense attorney. Retained counsel can review the charges and evidence against you and work with you to determine your best course of action.

1 Answer | Asked in Juvenile Law for Illinois on
Q: My son has felonies pending against him. But I am told the SA won't prosecute becuase he is 17. Correct procedure in IL?
Lori Levin
Lori Levin answered on Oct 28, 2011

I do not understand your question. A 17-year-old charged with felonies is charged as an adult. Is your son being investigated rather than charged? Your question is confusing. Please consult with an experienced defense attorney who can best advise you regarding the situation.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is there a statute of limitations on prosecution of an indictment
Lori Levin
Lori Levin answered on Oct 28, 2011

I am not exactly certain of the nature of your question. For many offenses, charges must be brought by indictment, complaint or information before the statute of limitations expires.

Once the grand jury has voted a true bill and a person is indicted, the case must be tried within a...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What does asa motion w/leave to reinstate mean?
Lori Levin
Lori Levin answered on Sep 24, 2011

I believe what you are asking is what is SOL with leave to reinstate? That means that the ASA (Assistant State's Attorney) moved to dismiss the case with leave to reinstate the case. Generally, the cases remain dismissed unless the victim seeks to reinstate within the allowable period of time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.