Get free answers to your legal questions from lawyers in your area.
720 ILCS 570 407(b)(1) [5125391]
MFG/DEL SCHED I/II/SCH/HS/PK
Next Court Date Court
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.
got probation the first offer was three years what you think the best offer I can get
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.
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.
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.
Of pot, drug para and DUI. Do we need to get a lawyer? He is a senior in high school with no other issues.
answered on Aug 22, 2014
The situation is serious and you are advised to contact an attorney for a comprehensive evaluation of your options.
answered on Aug 15, 2014
The answer is maybe. More information is needed for a more nuanced response.
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?
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.
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.
answered on Aug 15, 2014
The cop can always search. Whether any incriminating evidence found sticks depends on whether the search was legal.
I won't have a private attorney.
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.
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.
What should my defense be? I was thinking along the lines of exculpation but I'm not entirely sure.
answered on Aug 15, 2014
The defense you are looking for is the affirmative defense of necessity.
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.
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... View More
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.
answered on Aug 15, 2014
You can raise self defense if criminal charges are levied against you.
I dont wish tooo have any charge against him since he never hit me or has he ever done it in the past.
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.
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.