Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brian Morgan
4 Answers | Asked in DUI / DWI for Illinois on
Q: my bf was driving my car (I had drank) the transmission broke he went to get help I refused to blow got dui can I win ?
Brian Morgan
Brian Morgan
answered on Dec 30, 2019

Like everyone else said, it depends. Factors like were the keys in the vehicle and was the vehicle, in its condition, able to run come into play.

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: Can any lawyer help me with getting a bond lifted and take a payment plan from me? My bond is 1000$
Brian Morgan
Brian Morgan
answered on Nov 26, 2019

The easy answer is yes but that can mean you go back into jail which I am sure what you do not want. In some places, a Judge will allow a bond to be turned over to an attorney prior to the case being completed. It is a case by case basis and not all judges will allow it. If you owe any money to... View More

View More Answers

2 Answers | Asked in Domestic Violence for Illinois on
Q: Could the police arrest me for this?

My girlfriend and I had an argument, and I got really angry that she thought I would hit her, so she called the police and made a report, but she didn’t press charges.

Brian Morgan
Brian Morgan
answered on Nov 25, 2019

They could depending on what she said. If she was in fear of being hit, the charge could be assault. They could also possibly charge you with disorderly conduct. It is important for you not to speak to the police if they come to speak to you.

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: Someone I know got charged w/ forgery for writing a fake prescription. They plan to plead guilty what is the punishment

They were also charged with possession of a controlled substance. The doctors signature was forged and it was wrote for a friend not herself. Her charges were forgery/make/alter document, obtaining substance by fraud/1st and possession of a controlled substance.

Brian Morgan
Brian Morgan
answered on Nov 18, 2019

There are different ways to charge a crime. No idea what the possible punishments were without the charging document

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: If I get one charge, can I get another charge over the same situation a month later?

My friend was under the influence of marijuana when he got in a car wreck a month ago. The cops charged him with a “lane violation” and took him to the hospital for blood tests. It’s been a month later, can they turn around and charge him with a DUI of marijuana?

Brian Morgan
Brian Morgan
answered on Nov 18, 2019

More than likely they can. They are well within the Statute of Limitations to charge that offense. There is one possible exception to that rule. The real question is can they use that blood draw against him in Court? Certain procedures and protocols must be followed to make that information... View More

View More Answers

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: what are the consequences for a 15 yr old who is being charged with unlawful videotaping another person? In Illinois
Brian Morgan
Brian Morgan
answered on Nov 13, 2019

In any juvenile case, you can be placed on Continuance under supervision, which is like Court Supervision in adult court, to being placed in the Juvenile Department of Corrections. Factors that typically go in to the decision of punishment are severity of the crime and the Minor's prior... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: In Illinois can a 16 year old minor be used by law enforcement as a confidential informant to carry out controlled buys

N/A

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Can and should are two different things. All confidential informants are suspect based on the sole proposition that their identity is being concealed from not only the general public, but the people in which they are engaging in illegal activities with. Often times these informants have biases or... View More

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: Hello, how do I file a motion to request a chief judge to review my case when the presiding judge is prejudice?
Brian Morgan
Brian Morgan
answered on Nov 13, 2019

It sounds like you are trying to substitute the judge in your case. This is an issue that should be discussed with your attorney. What you view as prejudice may simply be the judge's normal demeanor and there may be other judges in the county that are worse for you.

View More Answers

2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: I am being charged with 2 class A felonies I am a minor ? I am being charged with theft of utility services

What could happen to me ? Is it possible to get these lowered or dropped ?

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

In Illinois, the misdemeanors are classified with letters, i.e. A, B, C and the Felonies have numbers, 1, 2, 3, 4. I do not know if you are charged with a Misdemeanor or Felony offense, but in Illinois, Juvenile charges can be expunged if certain criteria are met.

View More Answers

3 Answers | Asked in Criminal Law for Illinois on
Q: During my first appearance on felony drug possession charges i was denied a court appointed attorney. Can i ask again?
Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Absolutely. Some Judges may ask if there has been a change in circumstance since the last request. In ANY felony case, you absolutely need an attorney no matter what. The judge knows this as well but wants to have you look for private counsel usually based on your income.

View More Answers

2 Answers | Asked in Criminal Law for Illinois on
Q: I am currently on probation for retail theft and now I am being accused of residential theft and have probation meeting

I had nothing to do with the theft I feel they are singling me out because of my record and now have filed a complaint

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Sounds like they are rounding up "the usual suspects" as opposed to actually doing the police work. If you are being accused of an offense, you should not speak to ANYONE about it other than your attorney, including probation.

View More Answers

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Illinois on
Q: Unlawful arrest illegal search and seziure

I had a friend whom had charges filed on him by a mad ex girlfriend he had come and stayed in my home a few times. Police came and arrestwd me on a misdemeanor traffic warrant and hour later returned to arrest him,he volunteered to give up and walked out to themlocking soor behind him,the ploice... View More

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Often times our friends, the police, say things that can only be called lies. Depending on whether or not anyone gave consent to search the home is a question for the judge to answer.

View More Answers

3 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was charged with a aggravated domestic battery and a domestic battery as well as other charges at the same time

My wife I told the officers that she did not want to press charges and that I need to get my head checked out because I have fail I hit my head against a plaster concrete wall come to find out I had a concussion with a mask off fracture to the right side of my head

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Often times the police will proceed with charges even when the alleged victim declines. Unfortunately, this seems to be what happened in your matter.

View More Answers

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.