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Questions Answered by William Wolf
2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?

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?

William Wolf
William Wolf
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...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Illinois on
Q: My sister was the victim of battery on Friday 11-30

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?

William Wolf
William Wolf
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.

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1 Answer | Asked in Federal Crimes for Illinois on
Q: If a child is kidnapped, but no interstate transportation is known, will the FBI begin an investigation?
William Wolf
William Wolf
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.

2 Answers | Asked in Criminal Law for Illinois on
Q: I need to know how long aperson must remain on Parole after serving 4 1/2 yrs of 9 years
William Wolf
William Wolf
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...
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2 Answers | Asked in Domestic Violence for Illinois on
Q: If police are called, does that mean charges are filed automatically?
William Wolf
William Wolf
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.

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1 Answer | Asked in Criminal Law for Illinois on
Q: I am trying to determine whether or not there have been any changes to Truth in Sentencing policies in regards to 85%

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

William Wolf
William Wolf
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...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Convicted of DUI and Theft. I know the law prevents me from sealing the DUI, can I file to seal the theft conviction?

These cases happened at different times, both in Illinois. Theft conviction 2016, DUI 2017.

William Wolf
William Wolf
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....
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2 Answers | Asked in Criminal Law for Illinois on
Q: My son was charged with aggravated battery/ Strangulation and domestic battery hes facing a class 2 and class 4 felony.

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?

William Wolf
William Wolf
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...
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2 Answers | Asked in Family Law and Domestic Violence for Illinois on
Q: If a person has an order of protection on you can they legally just walk up to you and try to talk to you
William Wolf
William Wolf
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...
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1 Answer | Asked in White Collar Crime for Illinois on
Q: Does the term white collar crime relate to the offender's socio-economic status or just the status of the person they

defrauded?

William Wolf
William Wolf
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

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Illinois on
Q: Is it legal or right that because I take my case to a jury they raise it from 1 misdemeanor to 2 felonies?

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

William Wolf
William Wolf
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...
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2 Answers | Asked in Juvenile Law for Illinois on
Q: My son's girlfriend lied about her age and it turns out she's much younger than she told him.

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?

William Wolf
William Wolf
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...
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2 Answers | Asked in Domestic Violence for Illinois on
Q: Is my daughter okay to move with her kids to another state if her ex has been charged?
William Wolf
William Wolf
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...
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3 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I have a petty theft charge can you help me.
William Wolf
William Wolf
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.

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2 Answers | Asked in Criminal Law for Illinois on
Q: should I have a lawyer present for my arraignment for Class A Category Criminal Misdemeanor in McLean County

The charge is RESIST/PC OFF/CORR EMP/FRFTR. This is the first time I have ever been arrested.

William Wolf
William Wolf
answered on Nov 2, 2018

Yes.

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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?
William Wolf
William Wolf
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...
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2 Answers | Asked in Domestic Violence and Family Law for Illinois on
Q: I was recently released from prison for domestic battery, Im still married and my wife moved with my son and her b/f to

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

William Wolf
William Wolf
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.

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2 Answers | Asked in Domestic Violence for Illinois on
Q: Can I drop a case towards somebody for domestic without the state picking it up??? So they can be released
William Wolf
William Wolf
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.

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2 Answers | Asked in Criminal Law for Illinois on
Q: i have a court date in 2 days in a county far from me, they say i got a drug pariphinalia ticket...

i havent been to that county in months..nor have i got a citation..what is going on..i.d theft?

William Wolf
William Wolf
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.

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2 Answers | Asked in Federal Crimes for Illinois on
Q: Does the federal government always get jurisdiction if you commit a crime across state lines or are there instances when

one of the two states can prosecute instead?

William Wolf
William Wolf
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,...
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