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The cop lied saying I tried to get back in my vehicle and that then he tased me. Really he walked me out in the field and beat the crap out of me and tased me out there. Four months later I get a warrant for drug possession, resisting, and obstruction. Grounds for dismissal?
answered on Dec 25, 2018
I agree with Mr. Ooink. You need an experienced criminal defense lawyer to help you.
While many police officers don't lie, there are some who lie all the time. That being said, in most cases, this is a credibility contest at trial. One thing I've had a number of clients approach... View More
The girl who attacked her was arrested on a battery charge, and is maybe 14-15 years old.
Can she be charged with aggravated battery as a Class 4 felony if my sister has lasting marks and bodily harm (she does) and evidence shows that the girl initiated and continued to beat my sister bloody?
answered on Dec 25, 2018
That's up to the prosecutor. You should try to have a talk with someone in the State's Attorney's Office in the County for which the incident occurred.
Sounds like it would be prosecuted in juvenile delinquency court.
answered on Nov 30, 2018
Quite possibly. The FBI is sometimes asked to assist local law enforcement even if, in the end, jurisdiction belongs in State court.
answered on Nov 30, 2018
There is insufficient information to answer this question.
What matters is the Class of felony for which the defendant was found guilty. That determines the length of mandatory supervised release, not the length of the sentence itself.
Unfortunately, a 9 year sentence could be the... View More
answered on Nov 30, 2018
No. But charges in the end are not up to the one making the telephone call. Charging decisions belong to prosecutors once police bring the case to them or if they are otherwise notified about an alleged crime for which their office would have jurisdiction to prosecute.
My brother is currently in a minimum security facility with an 85% sentence and he had been told that there had been, or were likely to be, some adjustments to the Truth in Sentencing policies. I can't seem to find any confirmation of this and was hoping someone could clarify the situation for... View More
answered on Nov 25, 2018
Your best bet is to contact the lawyer who originally represented your brother.
You don't state whether your brother's case was State or federal, what the sentence was, etc.
In Illinois, these State sentences that mandate that a prisoner serve 85 percent of the... View More
These cases happened at different times, both in Illinois. Theft conviction 2016, DUI 2017.
answered on Nov 20, 2018
It's possible. You're not providing enough informaiton to say yes or no.
Here is a link to a site with some helpful information. You could do this yourself, but you're better off with the assistance of an experienced attorney.... View More
The victim appeared at his preliminary hearing and testified she lied to have him arrested because she is bi polar and doesn’t take her meds. He was offered 6 years in prison as a plea bargain. Should he take this to trial?
answered on Nov 20, 2018
Mr. Ooink is correct. By asking lawyers who have no access to the information, it's kind of like asking a doctor for an opinion where the doctor can't perform a medical exam of the patient, look at medical records, or X-rays, and still ask for a definitive opinion.
If he... View More
answered on Nov 20, 2018
What Mr. Ooink wrote is generally correct. We can't really say more without seeing the order itself.
If you have an order against you, and the petitioner who got the order is making contact with you, consider seeing an attorney to weigh options like going into court yourself to ask... View More
defrauded?
answered on Nov 18, 2018
White collar crime refers to a type of crime. It's typically corporate.
There's a wikipedia entry on the subject.
https://en.wikipedia.org/wiki/White-collar_crime
The person who the domestic violence was supposedly against starts her statement saying she put her hands all over me before I reacted in any way and they refuse to do anything to her or hear anything I say
answered on Nov 18, 2018
Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.
Hopefully, you have a good criminal... View More
He's worried about getting in trouble for sexual involvement with a minor. Could he still be charged even though she lied and he was innocent?
answered on Nov 17, 2018
Have him see an experienced criminal defense lawyer, right away.
Innocent people are wrongfully accused, all the time. Quite a few of those people are wrongfully convicted, all the time.
The idea that "my son doesn't need a lawyer because he's innocent" has led... View More
answered on Nov 17, 2018
There's not enough information here to answer your question. It's not clear what you mean? Does she want to move away from him? Or move with him with her kids? That can present child endangerment issues.
Have your daughter call a lawyer. Lots of criminal defense lawyers offer... View More
answered on Nov 4, 2018
Qualified criminal defense lawyers can. Many offer free initial consultations so you can find out what's involved as well as a cost estimate.
You should call one and make an appointment.
The charge is RESIST/PC OFF/CORR EMP/FRFTR. This is the first time I have ever been arrested.
answered on Oct 31, 2018
Can you go to the police and the local State's Attorney's Office to see if they will make an arrest and file charges? Yes.
Can the other party do that as well? Yes.
Chances are, the State will proceed against the person who they think started it, but it doesn't... View More
unknown area still in Illinois. I can not have contact through parole, can I still get visitation with my son? The charge was on my wife NEVER my child
answered on Oct 24, 2018
You really need to get a lawyer to discuss your options.
I wouldn't try to do anything to track down where your son is by yourself.
Seek legal counsel.
Good luck. I am sorry this happened to you.
answered on Oct 21, 2018
The best short answer is that individual citizens don't charge people, prosecutors do.
Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.
i havent been to that county in months..nor have i got a citation..what is going on..i.d theft?
answered on Oct 21, 2018
Without seeing the paperwork you have (or computer entries), it's impossible to say if this is something old which caught up with you or if it's a case where someone used your name and information.
I have seen both happen. You should call a lawyer.
one of the two states can prosecute instead?
answered on Oct 20, 2018
The federal government very often has jurisdiction when a crime occurs across State lines.
That does not mean the State does not also have jurisdiction, though. If there's a violation of State law, they can prosecute you too. It does not have to be one or the other.
Also,... View More
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