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Questions Answered by James G. Dimeas
2 Answers | Asked in Criminal Law for Illinois on
Q: Can a hit and run charge be removed from my driving records without a lawyer?

Have a driving record been told is civil but it may affect employment,etc.

James G. Dimeas
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James G. Dimeas
answered on Jul 24, 2017

Unfortunately you cannot remove anything off your driving record.

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1 Answer | Asked in Criminal Law for Illinois on
Q: My attorney told me I could get my deferred removed but that didn't happen yet. I need it removed some how

It was supposed to be removed october but it's still there. Now I can't get in contact with him because he seems to always be to busy

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

When you say "deferred" I assume you mean Deferred Prosecution. Typically, if you successfully complete a Deferred Prosecution program, the only way to remove it from your background would be to file a Petition to Expunge. If your attorney filed a Petition to Expunge then you need to get... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: The ticket I received was for no insurance

And I'm already on supervision for a no insurance since I believe I was stopped illegally can it be thrown out.

James G. Dimeas
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James G. Dimeas
answered on Jun 29, 2017

If you file a motion challenging the stop and the court conducts a hearing and finds that the police did not have any valid reason to pull you over, then everything that happened after the illegal stop of your vehicle should be thrown out. But you need to hire an attorney to file the proper motion... View More

2 Answers | Asked in Criminal Law for Illinois on
Q: If someone was charged with 1 count and they change it to 6 counts what does that mean?
James G. Dimeas
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James G. Dimeas
answered on Jun 10, 2017

It sounds like you are facing a felony. When you are first arrested, you will be charged with the crime that the police officer and the prosecutor think you are guilty of. At some point, you will either have a preliminary hearing or a grand jury will determine whether there's probable cause... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: What should I do to petition for expungement? Should I wait another 3 years or start right now due to new laws
James G. Dimeas
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James G. Dimeas
answered on May 20, 2017

You cannot start the expungement process until you are eligible to start. When you will be eligible to file a Petition to Expunge depends on the case and what the statute provides for. File as soon as you are eligible to file.

1 Answer | Asked in Criminal Law for Illinois on
Q: Got arrested for poss in 2012. Got probation in 2015, 2 years, came off in 2017. Once completed judge orders expungeme?
James G. Dimeas
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James G. Dimeas
answered on May 20, 2017

The judge cannot order expungement unless a Petition is filed, notice is given to all interested parties, such as the legal authority for the town you were arrested in, the local police, the state police and the prosecutor. They will be given an opportunity to object and the judge will ultimately... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: is it a crime for a teacher to tell a 18 year old female student that he has feelings for her?
James G. Dimeas
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James G. Dimeas
answered on May 20, 2017

If the female student is 18 years old it should not be illegal but I would think that it could cause problems with their employer.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: What happens if i have an ongoing trial for several years and miss my court date? Is there a warrant? Do i get bail?
James G. Dimeas
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James G. Dimeas
answered on May 19, 2017

It's entirely possible that the judge issued a warrant for your arrest. You should contact your lawyer immediately so that he can get you back in court so can take care of the warrant. If you had a good reason for missing court, make sure you let your lawyer know. Whether you will get a... View More

2 Answers | Asked in Criminal Law for Illinois on
Q: detective wants to interview me but wont tell me what the accusations are or who has made them

he called out of the blue wanting to interview me but lied at first saying i was a witness to an investigation he is doing. after i told him i haven't lived in that are in over 10 yrs and i didn't want to get involved his story changed.then he said am allegation against and someone else... View More

James G. Dimeas
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James G. Dimeas
answered on May 12, 2017

If the police come over to your residence, or take you down to the station and start asking you questions, immediately demand to talk to a lawyer. The police may try to convince you that if you talk to them nothing will happen. Unfortunately, it is perfectly legal for the police to lie to you to... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: I had a expired driver's license it had been expired for 40 days and I received a ticket for driving no valid license

I had a hold on my driving licence for a past ticket I paid the ticket off and paid my 35 for my new driver license renewal fee but now not sure I can drive not went to court for ticket

James G. Dimeas
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James G. Dimeas
answered on May 6, 2017

You have a couple of things going on here. First of all, you need to go to the Secretary of State and get your license reinstated. You will have to pay a reinstatement fee. Make sure you actually have your license reinstated before you drive. Second, you need to take care of the ticket that you... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: I live in Illinois and I want to know if brass knuckles are still illegal in Illinois under the concealed carry law?
James G. Dimeas
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James G. Dimeas
answered on May 3, 2017

Not only is it illegal to carry brass knuckles in Illinois, it is illegal to own, possess, buy or sell brass knuckles in Illinois.

1 Answer | Asked in Criminal Law for Illinois on
Q: on public property a man grabbed my husband and pinned his head against the truck. I got out to tell him to stop

He began strangling me, and I'm pregnant. The man told the cops I pulled his shirt, and admitted to strangling me. The cop said I can be charged with trespassing even though I left the mans property and was in the road, and be charged with battery because I'm being accused of grabbing his... View More

James G. Dimeas
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James G. Dimeas
answered on Apr 23, 2017

The bottom line is that the police can charge you with any crime they think that they can prove in court. There's not much you can do about what the police decide to do. All you can do is remember that anything you say to them can be used against you in court. That's why I regularly... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Illinois on
Q: I was ordered in December to pay a fine of $255 before April 20th to activate a 1 year court supervision.

Even though I had a job, I have been unable to pay the fine due to being homeless and hotel hopping with my 2 children. I did not get my taxes back because of being in offset for student loans. I got help from an organization to help with move in costs and we've been in our home since March... View More

James G. Dimeas
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James G. Dimeas
answered on Apr 19, 2017

It seems like tomorrow you are to appear in Court for termination of your supervision. If so, then the Court will want to see that you did everything you were supposed to do before finishing your case and terminating your supervision. If they bring up the issue of the money, explain that you are... View More

1 Answer | Asked in Criminal Law on
Q: Ya my brother passed weak ago killed in a car crash , and he had a felony charge he was going threw should I send court

Death certificate or what do I do

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

If you have the death certificate you should give a copy of it to his lawyer and have the lawyer present it to the Court.

1 Answer | Asked in Criminal Law on
Q: What can I do if someone has stolen 20$ from me?

I had handed the money to them and they were supposed to come back with something in particular and never did

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

If you believe you have been a victim of a crime you should file a police report with the local police.

1 Answer | Asked in Criminal Law on
Q: My baby's father hit me if I don't show up at court can they still charge him
James G. Dimeas
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James G. Dimeas
answered on Apr 18, 2017

If the police and prosecutors have enough evidence to prove the charges in court, they can file criminal charges against him. If you are served with a subpoena requiring you to appear in Court, if you fail to appear you could be held in Contempt of Court and arrested.

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Can I file a harassment charge? In a complicated situation.

I came to visit Chicago and while I was there my brother harassed me and I want to put a charge but I don't want to be forced to leave the US. Is it possible I can file a harrasment charge but that the consequence is just a warning and that no action will be taken against him. PS: Me and my... View More

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

If you believe that you are a victim of a crime you should contact the police and file a police report. Since you are a minor you should talk to your parents about this and have them contact the police for you.

1 Answer | Asked in Criminal Law on
Q: I have been falsely allegated of threat to kill, with no evidence, can I be charged?
James G. Dimeas
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James G. Dimeas
answered on Apr 18, 2017

You can always be charged with a crime if the police and prosecutor they believe they have enough evidence to charge you. You should consult with an experienced criminal defense lawyer who can review the evidence and represent you in court.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for Illinois on
Q: my boyfriend is 18 I'm 17 we are technically 11 months and two weeks apart so its not a whole year. Is it still illegal?

He's concerned that he can get arrested. He thinks his mother will try filing a report saying he is with a minor(me). My family accepts him but his mother isn't onboard with me and him. Can he get arrested? accused of rape or have any legal problems?

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

In Illinois you have to be 17 years old to consent to sex. If you are 16 and under, you cannot consent. So if you are 17 you can legally consent to sex in Illinois.

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