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Questions Answered by James G. Dimeas
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
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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... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: If summons to court if I no longer wish to press charges do I have to testify against husband?

Me and my husband had an domestic incident and I had him arrested. I recieved a letter of summons stating I must appear but I am legally married and I dont want to press charges nor testify against him since I think he is also being charged with resisting arrest

James G. Dimeas
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James G. Dimeas
answered on Apr 18, 2018

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... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: What kind of charges would constitute the police showing up in Illinois to serve a warrant from South Dakota?

They didn't say what the charge(s) were or where in South Dakota my friend was going. NOTE: I need to know the extradition laws for South Dakota.

James G. Dimeas
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James G. Dimeas
answered on Apr 11, 2018

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.

2 Answers | Asked in Criminal Law for Illinois on
Q: My 17 year old stepson was arrested for a class 3 felony possession of marijuna-1st offense What is he looking at?

more than 500 grams but less than 2000

James G. Dimeas
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James G. Dimeas
answered on Apr 4, 2018

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.

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1 Answer | Asked in Criminal Law for Illinois on
Q: My friend rented a motel room with my ID and drugs were found. Can I be charged with possession and drug traffick place?
James G. Dimeas
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James G. Dimeas
answered on Mar 26, 2018

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... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: In DuPage Illinois will, after court supervision, the charge be removed from public or still show plea guilty?

How would one completely have a clean record for the public?

If one hires a lawyer and only gets court supervision, then will the charge still be on the record for all police officers to see when they pull you over? Or would one need to plea innocent to have it not available to public and... View More

James G. Dimeas
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James G. Dimeas
answered on Jan 31, 2018

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... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Hey i got a criminal summons issued on me what does that mean
James G. Dimeas
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James G. Dimeas
answered on Jan 15, 2018

A criminal summons means that you are being charged with a crime. Someone is claiming that you committed a crime and you are being summoned to go to court and answer to the charges. If you do not appear, a warrant for your arrest may be issued. You should talk to an experienced criminal defense... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: Domestic victim failure to show up in court - what is the law versus the reality in Cook county?

Although it is Illinois law that if the victim of a domestic battery does not show up on court date, they may be arrested, how often does that actually happen in Cook County?

Thanks.

James G. Dimeas
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James G. Dimeas
answered on Nov 30, 2017

I've been practicing law for over 25 years and I must have handled hundreds, if not thousands of Domestic Battery cases. I've never seen a complaining witness (victim) be arrested for not appearing in court in Cook County.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: What can happen if I wasn't read my Miranda Rights?
James G. Dimeas
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James G. Dimeas
answered on Nov 15, 2017

The only time this matters is if the prosecution is seeking to use a statement you made to the police after you were in custody. It only applies to custodial interrogations. So if you were in custody and made a statement to the police, and the state wants to use that statement against you in... View More

2 Answers | Asked in Criminal Law for Illinois on
Q: Have you taken cases involving agg battery
James G. Dimeas
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James G. Dimeas
answered on Oct 23, 2017

I have represented many people charged with Aggravated Battery.

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2 Answers | Asked in Criminal Law for Illinois on
Q: Can you be put on probation twice
James G. Dimeas
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James G. Dimeas
answered on Oct 16, 2017

Yes you can. There is no law in Illinois which prohibits it. But without knowing more about your case I cannot let you know if probation is available for what you are being charged with or if you are likely to get probation. Make sure that you talk to your lawyer for a more complete answer.

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2 Answers | Asked in Criminal Law for Illinois on
Q: My exhusband lives in Chicago. Being accused of attempt murder/injury for alleged stabbing his roommate. He's schitzo

He has schizophrenia so I want to know if a lawyer can help in his situation..not sure where to start

James G. Dimeas
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James G. Dimeas
answered on Sep 18, 2017

If his lawyer thinks it's appropriate, he needs to have him evaluated to determine whether he's fit to stand trial. If it is determined that he is unfit to stand trial the case cannot proceed any further unless a determination is made that he is fit to stand trial. Even if he is found... View More

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2 Answers | Asked in Criminal Law for Illinois on
Q: I thought I pleaded down a class 3 felony down to a misdemeanor, but the felony is still showing on system

I was charged with a class 3 felony possession of a controlled substance and an unrelated misdemeanor charge. As the title says, it was my understanding the the felony would be dropped if I took the misdemeanor conviction, which I did. I also had to complete a SWAP program.

However, the... View More

James G. Dimeas
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James G. Dimeas
answered on Aug 13, 2017

I think you need to talk to the lawyer that handled your case. You should also look at the court file and see if there's a sentencing order to see what you plead guilty to. If the felony was dismissed, you may be able to expunge or seal the case so that it doesn't appear on a background... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Illinois on
Q: arrested in nov 2015 with domestic violence charges, physical abuse/bodily harm, later and before trial,

arrested in nov 2015 with domestic violence charges, physical abuse/bodily harm, later and before trial, got "disorderly conduct" plea offer with 11 months court supervision and 30 hours community service (differed or with held judgement) on August 2016, completed the court supervision... View More

James G. Dimeas
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James G. Dimeas
answered on Aug 7, 2017

You need to consult with an Immigration Lawyer. This is something that an Immigration Lawyer can answer.

1 Answer | Asked in Criminal Law for Illinois on
Q: Does successful completion of tasc probation count as a conviction

hello people i am on tasc probation for a non-violent crime in Illinois this is my first offence never had any problem with the law in two month i will be completing my 3 years tasc probation sentence i never failed any of my drug test never had a problem with my PO I've done everything the... View More

James G. Dimeas
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James G. Dimeas
answered on Aug 7, 2017

1. If you successfully complete your TASC Probation, you will not be convicted in the case you received TASC Probation.

2. You can file a Petition to Expunge 5 years after you successfully complete your TASC Probation. You may be required to take, and pass, a drug test. But you must...
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1 Answer | Asked in Criminal Law for Illinois on
Q: What is 720 ILCS 5.0/12-3 12-30

What charges are these & are they a misdemeanor or felony

James G. Dimeas
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James G. Dimeas
answered on Aug 3, 2017

Looks like you are being charged with Violation of an Order of Protection. Most Violation of an Order of Protection cases are misdemeanors, which carry a maximum penalty of up to one year in County Jail and a fine up to $2,500. If you have previously been convicted of a Violation of an Order of... View More

3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: I was doing 40 over on my way to OHare, I live in Wisconsin and they want me to show up in court in 2 weeks.

What will happen if I ignore the ticket?

Will I get my license revoked if I show up?

James G. Dimeas
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James G. Dimeas
answered on Aug 2, 2017

Driving 35 mph or more over the speed limit is not just a simple speeding ticket in Illinois. It is a Class A Misdemeanor which carries a possible jail sentence of up to one year and a fine up to $2,500. If you do not appear a warrant for your arrest will be issued and it's possible that... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Illinois on
Q: I recieved two tickets for excessive speeding and and driving with an invalid license. What penalties are applicable?

I am a minor and this is my first offense.I was going 35 mph over the limit. I was arrested the night of my offense. I would like to know what options I have to receive a less stiff penalty in court.

James G. Dimeas
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James G. Dimeas
answered on Jul 31, 2017

If you are speeding 35 mph over the speed limit, you should be facing a Class A misdemeanor which carries a maximum penalty of up to one year in jail and a maximum fine of $2,500. Prior to 2014 the threshold for a Class A Misdemeanor was 40 mph. Depending on the facts of your case, your criminal... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: If I was pulled over 13 years ago for suspended registration, can I still be charged?
James G. Dimeas
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James G. Dimeas
answered on Jul 31, 2017

If you are talking about being charged for being pulled over 13 years ago for no registration, then the answer is no. You cannot be charged for something that happened 13 years ago.

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: My son got pull over for not having Insurance in the vehicle if he ask for a extension on his court day could he get one
James G. Dimeas
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James G. Dimeas
answered on Jul 29, 2017

If it's his first court I don't see any reason why he should not be given a continuance. If your son had insurance, tell him to bring proof of insurance to Court with him and show it to the prosecutor.

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