Questions Answered by James G. Dimeas

Q: I have a warrant in Rock island, il. I want to clear up the matter but I do not want to go to jail

2 Answers | Asked in Criminal Law for Illinois on
Answered on Apr 12, 2019
James G. Dimeas' answer
The warrant has to be executed, meaning you have to turn yourself in and be processed, and then be taken before a Judge. This means that you will be in custody for a short time while you are processed, assuming that you will be released after you appear in Court. You can always turn yourself in and post the bond for the warrant and be given a court date.

Q: Can I find criminal cases by defendant name, and follow the docket entries of the case ?

2 Answers | Asked in Criminal Law for Illinois on
Answered on Apr 7, 2019
James G. Dimeas' answer
In most counties yes. In Cook County there is no online access. You must go to a local courthouse and use a computer in the Clerk's office.

Q: Hi. I would like to know if a felony burglary case from back in 1978 can be sealed/expunged in Will county, Illinois.

2 Answers | Asked in Criminal Law for Illinois on
Answered on Feb 21, 2019
James G. Dimeas' answer
Unfortunately, you cannot seal or expunge a felony Burglary case in Illinois.

Q: if i have a warrant can the police break my window and pull me from the car?

2 Answers | Asked in Criminal Law for Illinois on
Answered on Feb 20, 2019
James G. Dimeas' answer
If there is a valid warrant for your arrest and the police know it's you, they can take all necessary steps to take you into custody.

Q: Would we end up going to jail?

3 Answers | Asked in Criminal Law for Illinois on
Answered on Feb 19, 2019
James G. Dimeas' answer
It sounds like you are charged with a Battery. If you are charged with a Battery you are looking at a maximum punishment of up to one year in jail. Without knowing more about the case and about you and your background, all I can tell you is that since you are facing a possible jail sentence, you will need the services of a lawyer to represent you in Court.

Q: How long will my license be suspended? How can I avoid jail time and public record ?

4 Answers | Asked in Traffic Tickets and Criminal Law for Illinois on
Answered on Feb 17, 2019
James G. Dimeas' answer
Driving 26 to 34 over the speed limit is a Class B Misdemeanor in Illinois which carries a possible jail sentence of up to 6 months. Since it's an actual crime that carries a possible jail sentence, you will have a lawyer. If you can't afford one a Public Defender will be appointed for you.

Q: What's the situation for a fight at club if both people were drunk? Can we file charges?

3 Answers | Asked in Criminal Law for Illinois on
Answered on Oct 31, 2018
James G. Dimeas' answer
You can call the police, or go to the police station and file a police report. Ultimately, the police will investigate and file charges if they think they are appropriate. I would caution you to be careful about making any statements to the police because those statements may be used against you in court if you are ever charged. You should talk to an experienced criminal defense attorney to discuss whether you should make any statements to the police.

Q: A police officer working with a C.I. stops a man driving a car. No probable cause, no ticket, but arrested!

3 Answers | Asked in Criminal Law for Illinois on
Answered on Oct 16, 2018
James G. Dimeas' answer
It's entirely possible that the Court would suppress the evidence seized in a search or even suppress the arrest if no probable cause existed. An experienced lawyer would need to review all the evidence and file a Motion to Suppress. Only after the Court conducts a hearing will the evidence or the arrest be suppressed.

Q: My cousin got charged with unlawful possession of a firearm how much time will he serve and can he get parole?

2 Answers | Asked in Criminal Law for Illinois on
Answered on Oct 16, 2018
James G. Dimeas' answer
Generally, a UUW is a Class 4 Felony in Illinois that carries a potential jail sentence of between 1 to 3 years, however, probation is a possibility. Depending on the specific facts of his case, he may be looking at additional penalties. Therefore, it is very important that your cousin talk to an experienced criminal defense attorney to talk about his case.

Q: Can a personal injury lawyer respresent a criminal case

2 Answers | Asked in Criminal Law for Illinois on
Answered on Aug 7, 2018
James G. Dimeas' answer
Yes. As long as the lawyer is licensed to practice law in the State of Illinois, they can handle a criminal case. However, you should make sure that the lawyer is experienced in handling criminal cases, especially the type of case you are facing.

Q: If I hire a Chicago Criminal Law Attorney, can they dismiss a Case in North Carolina providing they are licensed there?

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Illinois on
Answered on Jun 29, 2018
James G. Dimeas' answer
As long as the lawyer is licensed to practice law in North Carolina, they can handle cases in North Carolina if they practice law in North Carolina.

Q: Can a be police officer question or interigate my 14 year old daughter without me or a lawyer in the room with he

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Answered on May 17, 2018
James G. Dimeas' answer
The law was changed in 2016 to require that an attorney be present during the questioning of a minor that is being questioned for sex case or murder case up to the age of 15. For minors under the age of 15 the police must read them a simplified version of their Miranda rights which stresses their right to ask for a lawyer. The new law requires that the interrogation of any minor under the age of 18 who is facing a felony must be videotaped. If the confession is not videotaped it cannot be...

Q: definition of aggravated robbery

1 Answer | Asked in Criminal Law for Illinois on
Answered on Apr 30, 2018
James G. Dimeas' answer
What makes it an Aggravated Robbery is that it was not a real weapon and that you took possession of the property. There is no requirement that you actually get away. Once you take possession of the property it's considered a Robbery.

Q: I work at a pizza restaurant as a delivery driver. I have been accused of altering credit card tips on the receipt.

1 Answer | Asked in Criminal Law for Illinois on
Answered on Apr 20, 2018
James G. Dimeas' answer
The bottom line is that if the police and prosecutors believe that they have enough evidence to convince a judge or a jury that you are guilty of a crime then they might charge you with a crime and arrest you. Since you don't know what the police are doing and what evidence they may have, if the police want to talk to you, you should immediately demand that they get you a lawyer. Do not talk to the police or sign any statements without having a lawyer present. Once you demand a lawyer, all...

Q: How do i compute my days in regards to 160 day speedy trial law in illinois criminal cases

1 Answer | Asked in Criminal Law for Illinois on
Answered on Apr 19, 2018
James G. Dimeas' answer
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and codified under Illinois law in 725 ILCS 5/103-5. The clock on a speedy trial demand starts when you make a written demand. If you are not in custody, once you make a speedy trial demand in writing, you must be brought to trial within 160 days. If you are in custody, you must be brought to trial within 120 days. You cannot agree to any delays during the period of time following your demand for...

Q: If summons to court if I no longer wish to press charges do I have to testify against husband?

1 Answer | Asked in Criminal Law for Illinois on
Answered on Apr 18, 2018
James G. Dimeas' answer
If you received a subpoena, then you must appear or else you could be held in contempt of court and arrested. When you go to court you should talk to the prosecutor and make your wishes known. The ultimate decision on whether to proceed with the Domestic Battery will be made by the prosecutor since they filed the charges. If he is also being charged with another crime, your opinion may not matter to the state. Talk to the prosecutor when you go to court.

Q: What kind of charges would constitute the police showing up in Illinois to serve a warrant from South Dakota?

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Answered on Apr 11, 2018
James G. Dimeas' answer
You should contact a lawyer in South Dakota for any questions you may have regarding South Dakota laws. Maybe the lawyer can find what criminal charges you may be facing in that state.

Q: My 17 year old stepson was arrested for a class 3 felony possession of marijuna-1st offense What is he looking at?

2 Answers | Asked in Criminal Law for Illinois on
Answered on Apr 4, 2018
James G. Dimeas' answer
If your stepson is charged with a Class 3 Possession of Cannabis he is facing 2 to 5 years in prison. However, probation is a possibility.

Q: My friend rented a motel room with my ID and drugs were found. Can I be charged with possession and drug traffick place?

1 Answer | Asked in Criminal Law for Illinois on
Answered on Mar 26, 2018
James G. Dimeas' answer
It's possible that you could be charged but if it wasn't you, then it shouldn't be too hard for an experienced lawyer to have the matter cleared up in Court. If you find out that you have been charged with a crime you should immediately talk to an experienced criminal defense lawyer who should know how to clear this up.

Q: In DuPage Illinois will, after court supervision, the charge be removed from public or still show plea guilty?

1 Answer | Asked in Criminal Law for Illinois on
Answered on Jan 31, 2018
James G. Dimeas' answer
If you receive Court Supervision for a criminal case, the fact that you received Court Supervision will be a part of the public record. If anybody ever performs a background search, the fact that you received Court Supervision will appear in a background search. The only way to remove something from the public record is to expunge or seal the case. Whether you are able to expunge or seal depends on a variety of factors. You may have to wait 2 to 5 years before filing a Petition to Expunge or a...

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