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Questions Answered by Carlos H. Davalos
1 Answer | Asked in Criminal Law for Illinois on
Q: what book would i look at to understand charges that police officers would use?

looking for harassment, stalking, threatening behavior, trespassing charges?

Carlos H. Davalos
Carlos H. Davalos
answered on Aug 15, 2014

You would actually look at Illinois statutes. Specifically 720 ILCS 5 of the Illinois Criminal Code. You can find that online.

1 Answer | Asked in Criminal Law for Illinois on
Q: what does it mean when your preliminary hearing is waived?
Carlos H. Davalos
Carlos H. Davalos
answered on Aug 15, 2014

It means you are waiving your right to cross examine an opposing witness on whether there was probable cause to arrest you. Shouldn't be waived unless there is a good reason to do do.

2 Answers | Asked in Criminal Law for Illinois on
Q: When An jail inmate has a bond set.By law do they have to let him out when someone comes up there cash in hand to bail?

My friends states attorney told him that he has a bond and if someone bonded him out he would go on probation, then so my friends uncle comes up there to bail him out and the states attorney says no and they want him in prison. That doesnt make sense. the judge set his bond to 2500 and my friends... Read more »

Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

If the bond was set at 2500, then you will only need 10% of that, or 250, to bond him out. The State's Attorney cannot prevent you from posting that amount. You need to contact the holding facility where the uncle is at and ask them about their procedure for bonding out an inmate. The only... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: Shouldn't all concurrent charges run together?

Charges in 3 counties, all concurrent. 2 counties have proper custody dates, 3rd county is off by 86 days. But was continuously in custody for entire time.

Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

They should.

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2 Answers | Asked in Criminal Law for Illinois on
Q: How do go about obtaining a "Final Disposition".
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

This is not something you should normally be seeking to obtain :) These kinds of questions inevitably require inquiries that are very fact specific; contact an attorney if you are facing a legal problem related to this.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Someone left a message threatening me on a voicemail, but it may have been deleted. Can I still press charges?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Your testimony may be admissible by way of a hearsay exception. Whether you will be able to press criminal charges based on this evidence alone is another matter.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it illegal to carry a fire arm in the state of Illinois?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Your right to carry a firearm has recently been expanded via Illinois Supreme Court case People v. Aguilar. There are exceptions however, and to find out whether you are one of them, look up the law, or consult an attorney.

1 Answer | Asked in Criminal Law for Illinois on
Q: Im 17 years old, I live in chicago illinois. Is it illegal to carrie a loaded bb gun in public?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

At the moment yes. See People v. Aguilar, an Illinois Supreme Court case decided this month.

1 Answer | Asked in Criminal Law for Illinois on
Q: If someone is charged with armed violence category 1 and the police do not show up for the pretrial dates what happens?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Most likely nothing. What matters is whether the police arrive for the trial date, and they will. I highly doubt the police will not attend a pre-trial suppression motion, which is one exception, if the State's Attorney requests their appearance.

1 Answer | Asked in Criminal Law for Illinois on
Q: If policeman tells me to get out of my car for a search, do I have to comply?

I was stopped for speeding. I gave the officer my driver's license & insurance card. Both were valid. He came back and told me to get out of car for a search. I asked him what his grounds are for a search. He told me that he had the legal right to order me out of car and had K-9 attack... Read more »

Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Practically speaking, I would. You're looking at more serious problems down the road by not complying.

1 Answer | Asked in Criminal Law for Illinois on
Q: What evidence do you really need to be charge with a aggravated battery with a firearm?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Rest assured that much less is required to charge you with the offense than what is actually required to convict you. A list of the kind of evidence that could actually be used against you is beyond the scope of this response.

1 Answer | Asked in Criminal Law for Illinois on
Q: Family member being held for questioning, should we hire a lawyer?
Carlos H. Davalos
Carlos H. Davalos
answered on Sep 21, 2013

Yes, both to learn more about the situation facing the member as well as to advise member on legal rights (right to silence, attorney, etc.).

1 Answer | Asked in Criminal Law for Illinois on
Q: Would a 17 year olf be put to death by death pentaley if they commited a first degree murder?
Carlos H. Davalos
Carlos H. Davalos
answered on Apr 24, 2013

The sentence of death is presently abolished in Illinois. So the answer is no, provided the 17 year old is sentenced in Illinois.

1 Answer | Asked in Criminal Law for Illinois on
Q: What does this mean: "We VACATE Wysinger's conviction and REMAND for proceedings consistent with the opinion"?
Carlos H. Davalos
Carlos H. Davalos
answered on Apr 9, 2013

At a minimum, it means that the guilty finding at the initial trial court level has been vacated on appeal by an appellate court. That means that the previous trial court conviction no longer stands and is no longer valid. The appeals court sends the case back to the trial court for further... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Disorderly conduct by means of electronic device, is this a felony in Illinois?
Carlos H. Davalos
Carlos H. Davalos
answered on Apr 9, 2013

I need more information. Disorderly conduct can be charged as both a felony and a misdemeanor depending on the circumstances. The answer turns on what you mean by "electronic device" and also how the device is used. Using a device to send a message to another person or entity? Then that... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What is an attorney obligation when a client says he's about to go committ a crime
Carlos H. Davalos
Carlos H. Davalos
answered on Apr 9, 2013

An attorney cannot assist or provide advice to a client contemplating a criminal act. Under certain circumstances, an attorney may have an ethical obligation to disclose, to third parties, information regarding possible future criminal acts.

1 Answer | Asked in Criminal Law for Illinois on
Q: Will a court expunge and/or seal a conviction for a Class 2 felony (burglary), if there was a prior DUI conviction?
Carlos H. Davalos
Carlos H. Davalos
answered on Apr 9, 2013

A Class 2 felony burglary conviction cannot be expunged or sealed in Illinois. The presence of a prior DUI conviction is irrelevant. If you are seeking to remove such a conviction from your criminal record, the only remedy available is to seek out a pardon.

1 Answer | Asked in DUI / DWI for Illinois on
Q: I am real estate broker in Illinois and just received a DUI, waiting for my court date. Can I loose my broker's license?
Carlos H. Davalos
Carlos H. Davalos
answered on Mar 9, 2013

The Illinois DUI statute does not provide for the loss of your broker's license in the event of a DUI. Further inquiry should be directed at the regulations governing your profession, if applicable.

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