You should contact an experienced attorney as soon as possible. There are a number of questions that need to be answered to give you adequate advice. Had you been served with the civil order of protection? Has she filed a police report? Have you been charged criminally with violating it?

In... View More

Under Illinois law, such a disposition is not a conviction. Please be aware, however, and consult with an immigration attorney if you are seeking this information for immigration purposes since for those purposes it may be considered differently.

The judge must sentence an individual within the range allowable by law, taking into account the facts, the sentencing range and the statutory factors in aggravation and mitigation. Sometimes, the facts as presented during a jury trial are fleshed out in greater detail and may seem more serious... View More

If a parolee is charged with a new offense, he can be held past his parole end date. Also, the state may, in certain circumstances, petition to civilly commit certain parolees who have been convicted of sex offenses as sexually violent persons. If the state prevails, those persons may be held past... View More

It depends. Defense counsel may file a motion to suppress statements. After a hearing, a judge will determine whether the statement is admissible. It is always advisable to contact an experienced defense counsel to determine whether such a motion should be pursued.

The answer is it depends. For some serious felony offenses, a 15 year old is considered an adult, for others a juvenile, and in some instances, the prosecutor may ask the court to try a juvenile as an adult. If you have a particular instance, it is always best to contact experienced counsel to... View More

This is a difficult question to answer without knowing more information. Is the aging parent competent? Does the parent have a POA for health care? Is this a serious situation where the parent is not competent, there is no POA and you want to pursue guardianship? Does this situation rise to the... View More

It is difficult to answer your question without knowing the specific issue. The United States and Illinois Constitutions do confer upon citizens full rights but court decisions have indicated that all persons, regardless of citizenship, have rights on various issues. constitutions.

Without more information, it is difficult to answer the question. Depending on the circumstances, it is possible that the offense might be able to be expunged or sealed. There are a number of variables under Illinois law. An experienced attorney could further advise you once you explain the... View More

There is not one answer to that question. In some cases, a juvenile is brought into the police station and receives a station adjustment. The case is never brought to court. In other cases, a juvenile may be diverted before a petition is filed. In still others, a petition is filed and the juvenile... View More

If you are the complainant, only the prosecutor has the ability to determine if charging a lesser offense is appropriate. If you are the accused, an experienced attorney can, at times, negotiate with the prosecutor to achieve that result. Of course, then the lesser charge must be addressed by trial... View More

I am unsure of the meaning of your question. If a case is on appeal, presumably a lawyer is handling the appellate work. If law enforcement attempts to speak with someone who is now convicted of an offense without the benefit of counsel, it is always wise to assert ones right and not discuss the... View More

The individual jurisdictions will have such statistics. They may be found using a Freedom of Information Act request. Statewide, those statistics may be found through the Illinois State Police and/or the Illinois Criminal Justice Information Authority.

Generally, such a seizure can be challenged by your counsel filing a motion to suppress evidence. If successful, the evidence is thrown out. If not, then the evidence can be used against you. The police officer will testify at the motion and indicate his reasons for stopping the car and the search.... View More

In Illinois, criminal juries are selected by the prosecution and the defense with the court overseeing the process. Persons may be challenged for "cause" or legal reasons of for "peremptory" reasons, meaning at the choice of either side. If a potential juror articulates beliefs... View More

The answer depends on the offense. In general, persons charged with misdemeanors in Illinois are juveniles until the age of 18 and those charged with felonies until the age of 17. However, and it is a big however, 15 and 16 year olds facing certain felony charges are automatically charged as adults... View More

There are plenty of cases dealing with search and seizure but the 4th Amendment to the United States Constitution and its analysis is very complicated. Just this week, the United States Supreme Court in Kentucky v. King, -U.S._ (slip opinion 08=9-1272) (2011), which can be found at... View More

It depends. The statute reads in part:

"2) Possession of Stolen or Fraudulently Obtained Checks.

Any person who possesses, with the intent to obtain access to funds of another person held in a real or fictitious deposit account at a financial institution, makes a false statement... View More

Although this was posted some time ago, sexual assault victims should immediately report the offense and, if possible, go to the hospital. The hospital will preserve evidence that may be important for future prosecution.

The question may be whether all of the minors were actually charged and referred to court or whether they were subjected to a "station adjustment" at the police department or sent to a diversionary program. If they were all referred to court, the prosecutor always has the authority to... View More