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Questions Answered by James G. Dimeas
2 Answers | Asked in Criminal Law for Illinois on
Q: Can I request a copy of a search warrant? Can I request a motion of discovery about a search warrant?
James G. Dimeas
James G. Dimeas answered on Sep 27, 2020

Your lawyer will get a copy of the search warrant, along with the complaint, and any supporting material presented to the Judge who signed the search warrant.

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2 Answers | Asked in Criminal Law for Illinois on
Q: How do u file a.bill of particular in illinois...28 days will.be up in the 28yh this.month murder case was served
James G. Dimeas
James G. Dimeas answered on Jul 24, 2020

You prepare the document, file it with the Clerk of the Clerk, and serve it on the prosecutor. If this is a Murder case, this is something that a lawyer should do.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can police in Illinois interrogate a minor without a adult present
James G. Dimeas
James G. Dimeas answered on Jul 22, 2020

Yes and no. Depends on a variety of factors. I wrote about this on my blog a couple of years ago:

https://www.chicagocriminallawyerblog.net/can-a-minor-be-questioned-by-the-police-without-a-lawyer-or-parent-present/

2 Answers | Asked in Criminal Law for Illinois on
Q: I live in Illinois. Can I have brass knuckles if I have a concealed carry permit?
James G. Dimeas
James G. Dimeas answered on Jul 7, 2020

No. Brass knuckles are illegal in Illinois. A conceal carry permit does not change that.

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2 Answers | Asked in Criminal Law for Illinois on
Q: am i able to bring a photo copy of original insurance card for proof?
James G. Dimeas
James G. Dimeas answered on Jul 4, 2020

I see no reason why you can't. I've had many clients do that. The prosecutor may still call the insurance company to verify.

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3 Answers | Asked in Criminal Law for Illinois on
Q: I pleaded guilty to get court supervision and a fine. I paid off my fine. 2 days after that PETN REVOKE PROB/COND DISCH

DISCHARGE/SUP; FLD. What does that mean? I followed everything. Haven’t gotten pulled over since. Should I be worried?

James G. Dimeas
James G. Dimeas answered on May 13, 2020

It doesn't sound like you will have a problem, but you should talk to a criminal defense attorney to make sure.

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4 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I was attacked in my house by a relative, what options do I have ?
James G. Dimeas
James G. Dimeas answered on Apr 28, 2020

If you believe that you are a victim of a crime you should call the police and file a police report.

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3 Answers | Asked in Criminal Law and Small Claims for Illinois on
Q: I feel I have a attempted murder case who can I talk to the help...
James G. Dimeas
James G. Dimeas answered on Apr 27, 2020

I don't quite understand your question. If you are charged with Attempted Murder you will need a lawyer to represent you. If you believe that you are a victim you should call the police and file a police report.

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2 Answers | Asked in Criminal Law for Illinois on
Q: Can I be charged with the crime of sexual assault if there is a false confession on Facebook messenger?

My ex alleged I committed sexual assault against her over a year after she said it happened. She deleted five years worth of Facebook messenger conversations between her and I on my phone, maybe hers as well. In three screenshots (not whole conversations) I seemingly falsely confess to it, along... Read more »

James G. Dimeas
James G. Dimeas answered on Apr 5, 2020

The bottom line is that if the prosecutor reviews all of the evidence and besides that they can prove you guilty of a crime in court, they may charge you with whatever they think they can prove in court. This is a decision that will be made by the prosecutor. I would recommend that if you are... Read more »

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4 Answers | Asked in Criminal Law for Illinois on
Q: I have a police department calling looking for me. Scared to call back

Looking for a lawyer who will be able to contact them back

James G. Dimeas
James G. Dimeas answered on Mar 26, 2020

If you speak to the police, whether it's on the phone or in person, make sure you let them know that you will not answer any questions unless they get you a lawyer and do not change your mind for any reason. In the meantime you should consult with an experienced criminal defense attorney so... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: How many days for speedy trial?
James G. Dimeas
James G. Dimeas answered on Jan 13, 2020

Depends on whether the Defendant is in custody or out of custody. If the Defendant is in custody its 120 days. If the Defendant is out of custody, its 160 days.

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2 Answers | Asked in Criminal Law for Illinois on
Q: I was caught driving on a suspended license twice and am facing felony charges. And am facing probably 2 years in prison

Is driving on a suspended license enough to get 2 years in prison? I am not an American citizen, could I get deported?

James G. Dimeas
James G. Dimeas answered on Jan 13, 2020

A Felony conviction can certainly lead to you being deported. Make sure you consult with an experienced Immigration lawyer as you go through your criminal case.

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3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: In court can they check the status of your insurance even if you present them with proof of Insurnace documents ?
James G. Dimeas
James G. Dimeas answered on Dec 7, 2019

I have had many cases in which the case is passed for the prosecutor to call the insurance company to verify coverage. I have even had clients caught with presenting fraudulent or fake insurance documents in court..

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1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: If a case was dismissed either with or without prejudice in criminal court, can the defendant still be pursued in civil?

The defendant was given 30 hrs of independent community service and 2 months of no contact with myself the plaintiff. I was told the case was dismissed, however I don’t know if it was with or without prejudice. I am now suing the defendant in civil court and want to make sure I can go forward... Read more »

James G. Dimeas
James G. Dimeas answered on Dec 4, 2019

Just because a criminal case was dismissed in criminal Court does not mean that you cannot pursue legal action in a civil Court. So you should have no problem going forward with a civil lawsuit.

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... Read more »

James G. Dimeas
James G. Dimeas answered on Oct 31, 2019

It's entirely possible that the search of the house was illegal. As a general rule, the police must have a warrant to conduct a search of a residence but there are many exceptions. You should consult with an experienced criminal defense lawyer who can review the evidence to determine whether a... Read more »

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2 Answers | Asked in Criminal Law for Illinois on
Q: If someone intentionally punches someone and the person gets twelve stitches would that be assault or battery?
James G. Dimeas
James G. Dimeas answered on Oct 4, 2019

That would be a Battery, harmful or offensive physical contact. Most Batteries are Class A Misdemeanors that carry a maximum punishment of up to 1 year in County Jail. If the Battery causes great bodily harm to the victim , it could be a Class 3 Aggravated Battery which carries a possible prison... Read more »

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3 Answers | Asked in Criminal Law for Illinois on
Q: Can you change venues weeks before trail about to start from state to state?

Illinois state citizen charged with felony crime in South Dakota wants to change venues to Illinois the state they reside in. Can this happen also will the charges be the same? How will the case be handled?

James G. Dimeas
James G. Dimeas answered on Sep 19, 2019

No. You cannot move a criminal case from one state to another state when you are charged with a state crime. You should talk about what change of venue is with the lawyer that is representing you in the criminal case.

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1 Answer | Asked in Criminal Law for Illinois on
Q: In '03, a 19 y.o WI res. traveled to IL (not for the purpose of the following)., then French kissed two minors, both bei

being about 15 y.o. Which law governs, IL only, or does WI law govern the 19 y.o. as well?

James G. Dimeas
James G. Dimeas answered on Aug 15, 2019

Generally speaking, the laws of the state in which a crime was committed will apply.

2 Answers | Asked in Criminal Law for Illinois on
Q: How long does a country have until they can take all the bond money from someone that has had a bench warrant placed
James G. Dimeas
James G. Dimeas answered on Aug 15, 2019

I assume you mean County. The Bond money will be forfeited when a Judgment is entered. This usually happens about 30 days after the warrant is issued and the Judge enters an order forfeiting your Bond.

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4 Answers | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Illinois on
Q: Do the courts verify validity of insurance once a case is dismissed?

I went to court today to prove I had valid insurance. My case was dismissed. Do the courts contact the DMV to verify my insurance. I don’t want my insurance company to drop me because of this small incident where I couldn’t find my insurance card. Should I expect any correspondence with the... Read more »

James G. Dimeas
James G. Dimeas answered on Jul 11, 2019

You will not receive any correspondence from the Court or your insurance company. I have had prosecutors call the insurance company to verify that the card was accurate. I have had clients get caught with a fake insurance card. That's the only reason why you should be worried about the... Read more »

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