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Questions Answered by Carlos H. Davalos
1 Answer | Asked in Criminal Law for Illinois on
Q: Can police seize money from a wallet that was in same house but not near drugs during a drug seizure search warrant?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

They can under DAFPA. You can challenge the seizure. Consult an attorney.

1 Answer | Asked in Criminal Law for Illinois on
Q: What class of felony is an armed violence
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

Depends. It can fall between a Class 2 and a Class X

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a stalking plea of guilty be expunged in illinois
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

Nope

1 Answer | Asked in Criminal Law for Illinois on
Q: I was convicted of a felony theft 15 years ago. What can I do to keep it from affecting getting a job?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

You will not be able to seal or expunge a felony theft charge. The only remaining alternative is to seek out a pardon from the governor of Illinois. Consult with an attorney.

1 Answer | Asked in Criminal Law for Illinois on
Q: What states have intensive supervised release?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

Illinois provides for intensive supervised probation as a sentencing possibility under certain circumstances

1 Answer | Asked in Criminal Law for Illinois on
Q: If a criminal court judge grant my motion to suppress evidence can i sue the police
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

Turns on whether probable cause for the crime was established or not. If it was, you may not be able to sue the police.

1 Answer | Asked in Criminal Law for Illinois on
Q: What is a" class X" felony
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

An offense punishable by a prison sentence between six and thirty years, with the possibiity for an extended term with a sentencing range between thirty and sixty years

1 Answer | Asked in Criminal Law for Illinois on
Q: What is the effect of arrest warrant in US in India?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

None. The jurisdictional reach of warrants issued in the United States do not extend beyond our borders.

1 Answer | Asked in Criminal Law for Illinois on
Q: Under Illinois Law can 38-24-1-A-10 Unlawful Use Of A Weapon, A Class A Misdemeanor from 11-20-1980 be expunged?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

Yes, its expungeable. However, a thorough analysis of your criminal record is required to determine whether it will be expunged or simply sealed.

1 Answer | Asked in Criminal Law for Illinois on
Q: My son is getting no help from a public defender who says he has a large case load and no time. What are his rights?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

He has the right to effective assistance from counsel. Contact a private attorney if you are unhappy with the efforts of your PD.

2 Answers | Asked in Criminal Law for Illinois on
Q: Is it tresspassing when an officer comes on your property and u did not have a no tresspassing sign posted?
Carlos H. Davalos
Carlos H. Davalos
answered on Feb 21, 2013

No most likely. If the officer was on duty at the time his or her entry would most likely be covered by a privilege. But that's just in regard to trespassing. If he or she was attempting to effect a search, then that officer would most likely need to possess a valid search warrant.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Wiill i see jail time, and do I need a private attorney?

I stole a car stereo from walmart and when asked by polic i gave it to them and admitted to my crime. they arrested me for theft. i posted bail that night and in court the next day i was told i was being charged with a class a misdermeanor and a class 2 felony. this is my 1st offence and i cannot... Read more »

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

You have already admitted to committing the crime so that seriously hinders any possibility for a substantive defense. However, the fact that you did so and your lack of any priors bodes well for a plea that avoids jailtime. I suggest sticking with the public defender and relaying all of what you... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Can i get felony convictions for a controlled substance expunged or sealed?

I got one from 2004 and one from 2009. i received probation which ended satisfactorily

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

Maybe. Depends on the type of probation you received and possibly the kind of drug charge. It's too complicated an analysis to post here and keep in mind that only certain class 4 drug convictions are eligible to be sealed or expunged. If your charges do not fall under the class 4 exception,... Read more »

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