Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Carlos H. Davalos

1 Answer | Asked in Criminal Law for Illinois on

Q: How many years these offense carry

720 ILCS 570 407(b)(1) [5125391]

MFG/DEL SCHED I/II/SCH/HS/PK

Next Court Date Court

Carlos H. Davalos answered on Aug 22, 2014

It's a felony so it can be punished by more than one year in the Illinois Department of Corrections.

1 Answer | Asked in Criminal Law for Illinois on

Q: i have a class three felony for cannabis pending 32 grams n and six years ago i was charged with controlled substance i

got probation the first offer was three years what you think the best offer I can get

Carlos H. Davalos answered on Aug 22, 2014

There may be ways to keep this charge of your record in addition to avoiding jail time. Much more is needed to determine that however, for example, your background and the facts of the case. Contact an attorney.

1 Answer | Asked in DUI / DWI for Illinois on

Q: Can you get a refusal to blow and a D.U.I. under sis or get both of them off of a commercial drivers license.

Carlos H. Davalos answered on Aug 22, 2014

Cleaning up your driving record is a complex process requiring a thorough evaluation of your driver's abstract. Contact an attorney to determine what can be removed and what can't be.

1 Answer | Asked in DUI / DWI for Illinois on

Q: I was arrested for a dui and was told I backed into a building this is my second dui and dwls any idea at what wil happe

Carlos H. Davalos answered on Aug 22, 2014

The DUI can be treated as a Felony in your case and so the threat of jail and/or prison time is very real. You need to contact an attorney.

1 Answer | Asked in DUI / DWI for Illinois on

Q: My 18 year son received a citation for consumption and goes to court Aug 25th. Last week he was arrested for possession

Of pot, drug para and DUI. Do we need to get a lawyer? He is a senior in high school with no other issues.

Carlos H. Davalos answered on Aug 22, 2014

The situation is serious and you are advised to contact an attorney for a comprehensive evaluation of your options.

1 Answer | Asked in Criminal Law for Illinois on

Q: Is it legal for a officer to search a vehicle that does not belong to the driver

Carlos H. Davalos answered on Aug 15, 2014

The answer is maybe. More information is needed for a more nuanced response.

1 Answer | Asked in DUI / DWI for Illinois on

Q: can police take blood test from hospital without warrant or consent?

Carlos H. Davalos answered on Aug 15, 2014

In some circumstances yes.

1 Answer | Asked in DUI / DWI for Illinois on

Q: I have three past OWI convictions in Wisconsin, But now I have moved to Illinois and have a clean record for 6 years

I have three past OWI convictions in Wisconsin, But now I have moved to Illinois and have a clean driving record for the last 6 years. If I were to ever get pulled over for an OWI in Illinois, would they count it as my fourth conviction? Or would it be the first strike on my Illinois license?

Carlos H. Davalos answered on Aug 15, 2014

Convictions from other states are usually reported to Illinois via the interstate compact. But not always. The answer is it would most likely count as your fourth.

1 Answer | Asked in DUI / DWI for Illinois on

Q: Is jail time mandatory for 2nd dui in lake county?

Carlos H. Davalos answered on Aug 15, 2014

The county that it occurs in is irrelevant. The judge you are in front of will matter. And your attorneys ability to defend you will be significant as well. More facts are needed to determine whether jail is mandatory.

1 Answer | Asked in Criminal Law for Illinois on

Q: Can a police officer search my car after I have given him my ID while he is conducting a field interview

Carlos H. Davalos answered on Aug 15, 2014

The cop can always search. Whether any incriminating evidence found sticks depends on whether the search was legal.

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.

Carlos H. Davalos answered on Aug 15, 2014

Ask that a public defender be appointed to your case.

View More Answers

2 Answers | Asked in Criminal Law for Illinois on

Q: Can a statement be thrown out?

Carlos H. Davalos answered on Aug 15, 2014

Yes via a motion to suppress statements.

View More Answers

1 Answer | Asked in Criminal Law for Illinois on

Q: Can a defense lawyer request that a lesser offence be included

Carlos H. Davalos answered on Aug 15, 2014

Yes as a tactical decision to avoid a conviction on a more serious charge. The method would be to introduce the charge in a jury instruction.

1 Answer | Asked in Criminal Law for Illinois on

Q: Can an inmate file his own appeal?

Carlos H. Davalos answered on Aug 15, 2014

Yes but the inmate must also be in compliance with all the procedural rules implicated when attempting to file an appeal.

1 Answer | Asked in Criminal Law for Illinois on

Q: I got my license taken away. My wife was really sick after so I drove her to the emergency and got caught. Defense?

What should my defense be? I was thinking along the lines of exculpation but I'm not entirely sure.

Carlos H. Davalos answered on Aug 15, 2014

The defense you are looking for is the affirmative defense of necessity.

1 Answer | Asked in Criminal Law for Illinois on

Q: I WAS CONVICTED OF DUI AND 4 OTHER CHARGES. DONT THEY USUALLY DROP THE LOWER CHARGES?

Carlos H. Davalos answered on Aug 15, 2014

Yes but the decision to nolle pros charges is always up to the State. A reason for not doing so may be a serious prior record. And if you went to trial, all the charges are fair game.

1 Answer | Asked in Criminal Law for Illinois on

Q: If appeal for retrial is accepted, will he still be able to plea bargain before the next trial?

My friend is charged and found guilty (felony 3rd degree) of selling 250 pcs of counterfeit clothing in the state of Illinois. He is waiting sentencing, which will be next month. He has a clean record. His wife is a U.S. citizen and he is a Permanent resident. My question is 1) If his appeal for... Read more »

Carlos H. Davalos answered on Aug 15, 2014

There is no right to plea negotiations. An offer can be requested at that time but the State is under no obligation to negotiate.

1 Answer | Asked in Criminal Law for Illinois on

Q: can I legally protect myself from a rottweiler attack with a gun in Illinois?

Carlos H. Davalos answered on Aug 15, 2014

You can raise self defense if criminal charges are levied against you.

1 Answer | Asked in Criminal Law for Illinois on

Q: what happens if I dont show up for court in a domestic that was issue against my boyfriend

I dont wish tooo have any charge against him since he never hit me or has he ever done it in the past.

Carlos H. Davalos answered on Aug 15, 2014

The State can issue you a subpoena which requires you to attend court. If you ignore the subpoena, you could be found in contempt of court.

1 Answer | Asked in Criminal Law for Illinois on

Q: Can I call police if im a victim but there is a warrant for my arrest

Carlos H. Davalos answered on Aug 15, 2014

Yes but the police are still free to exercise an arrest for the warrant if they decide to do that.

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.