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Questions Answered by James G. Dimeas

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 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 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 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 prosecutor... Read more »

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2 Answers | Asked in Criminal Law for Illinois on

Q: My car was involved in a high pursuit chase, in which they know i was not involved, they took my car. Can they do that?

Theyve told me that i cannot get it back

James G. Dimeas answered on Jul 6, 2019

It's possible if they need it as evidence in their case. You should talk to a lawyer that may contact the prosecutor to find out why they are holding your vehicle and if it's being held as evidence or for any other reason.

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2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on

Q: Is there any way I can get them to drop the charges

My bf hit me and I called the cops they arrested him but I told them I didn’t want anything to happen like him going to jail Bc we have a kid on the way but I guess it was out of my hands and they charged him anyway he has a lengthy record of other little things and this was the first... Read more »

James G. Dimeas answered on Jun 12, 2019

The ultimate decision about what will happen with his case will be made by the prosecutor. But you can go to Court and talk to the prosecutor and make your wishes known.

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2 Answers | Asked in Criminal Law for Illinois on

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

James G. Dimeas answered on Apr 12, 2019

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... Read more »

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2 Answers | Asked in Criminal Law for Illinois on

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

Looking to check case information on line

James G. Dimeas answered on Apr 7, 2019

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.

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2 Answers | Asked in Criminal Law for Illinois on

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

James G. Dimeas answered on Feb 21, 2019

Unfortunately, you cannot seal or expunge a felony Burglary case in Illinois.

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2 Answers | Asked in Criminal Law for Illinois on

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

James G. Dimeas answered on Feb 20, 2019

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.

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3 Answers | Asked in Criminal Law for Illinois on

Q: Would we end up going to jail?

Can I end up going to jail?

I recently got into a fight with 14 year old girl and I am 18 the girl had came to my house with a bunch of other girls knocking on my door wanting to fight so I called my friend who is also 18 me and the girl started fighting but my friend ended up jumping into... Read more »

James G. Dimeas answered on Feb 19, 2019

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... Read more »

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4 Answers | Asked in Traffic Tickets and Criminal Law for Illinois on

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

I’m only 18 and I got a ticket for disobeying a stop sign dec 28 2018. I got another way a couple days ago For the same reason. I paid the first one off. Than I got a ticket for speeding 26 Mph -34 mph. The officer did not arrest me but made me sign some papers . I think it’s a individual bond.... Read more »

James G. Dimeas answered on Feb 17, 2019

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.

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3 Answers | Asked in Criminal Law for Illinois on

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

James G. Dimeas answered on Oct 31, 2018

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... Read more »

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3 Answers | Asked in Criminal Law for Illinois on

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

He searches car without asking, has a body cam but claims no footage of "finding" drugs. He enters his evidence using incorrect date. Should his evidence be considered covered by our 4th amendment; the evidentiary exclusionary rule?

James G. Dimeas answered on Oct 16, 2018

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... Read more »

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2 Answers | Asked in Criminal Law for Illinois on

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

He had no prior charges or arrests and the gun was loaded

James G. Dimeas answered on Oct 16, 2018

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... Read more »

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2 Answers | Asked in Criminal Law for Illinois on

Q: Can a personal injury lawyer respresent a criminal case

James G. Dimeas answered on Aug 7, 2018

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.

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1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Illinois on

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

James G. Dimeas answered on Jun 29, 2018

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.

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on

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

Berwyn illinois

James G. Dimeas answered on May 17, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Illinois on

Q: definition of aggravated robbery

I understand the aggravated part of it even though he didn't have a gun they thought he did. but don't you have to leave the establishment with the money or property for it to be robbery wouldn't that be attempted aggravated robbery

James G. Dimeas answered on Apr 30, 2018

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.

1 Answer | Asked in Criminal Law for Illinois on

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

The customers making the accusations have no proof, just stating what they “remember”. Can I be arrested for this?

James G. Dimeas answered on Apr 20, 2018

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... Read more »

1 Answer | Asked in Criminal Law for Illinois on

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

James G. Dimeas answered on Apr 19, 2018

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... Read more »

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