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answered on Oct 19, 2018
This is something you need to bring up with the prosecutor who is prosecuting this person for the embezzlement.
Courts have the authority to order restitution, ordering a defendant who is convicted to compensate the person or persons he or she stole from.
I hope this helps.
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?
answered on Oct 17, 2018
I think the best possible answer is that it's possible that the evidence can be covered by the 4th Amendment and the exclusionary rule.
The problem is, without access to the police reports and other information, it's impossible to give you a reliable assessment of your chances of... View More 
She was 17 when the offense occurred but they didn't issue a warrant until she actually turned 18. She left Louisiana in 2017 and they didn't issue a warrant until 2018. Now they're trying to also charge her for fleeing the state with a warrant. She's currently being held and... View More
answered on Oct 14, 2018
There's no way to know. She has the right to representation here in Illinois if she wants to contest extradition. You should pick a lawyer who has ties to lawyers in Louisiana. I would look for someone who is active in national groups such as the National Association of Criminal Defense Lawyers.
answered on Oct 13, 2018
There's no such thing as a typical sentence. Depending on your background, you may be eligible for supervision or probation. You could also get sentenced to jail. The maximum is 364 days in jail. There also may be something in the police reports that could affect what the judge does in... View More
answered on Oct 13, 2018
I'm not sure what your question is, but I have seen many an Attempt Possession of a Controlled Substance charge in the past.
It's usually charged as a misdemeanor, but that all depends on the weight of the narcotics in question. It can be a felony.
The most common... View More
How do we report him for domestic violence but still keep him in our lives? We need his salary to support the family.
answered on Oct 12, 2018
I can't tell you what to do here. If your father is a danger, something has to be done.
Once law enforcement gets involved, it's to a large degree out of your hands. There are no guarantees. Once a court case starts, what the judge orders is final.
The judge may issue... View More
My niece said he never touched her but was creeped out and scared. My husband denies it. I have never seen any innappropristen behavior. I was present on the occasions and did not see ant innapropriate behavior. No sexual activity occurred. It creeped my niece out. Could this be a legal issue?
answered on Oct 10, 2018
Yes, it could. It could lead at least to a criminal investigation.
It could also lead to a DCFS investigation which could be part of a criminal investigation and/or it could lead to a battle in court where the State takes custody because of accusations of abuse and/or neglect of this child... View More
If police did not see juvenile commit alleged charges how can they convict juvenile? How can police convict juvenile of charges alleged by other juveniles supposedly made in a report under duress? What happens to juvenile's civil right if previous record had not been expunged by police dept... View More
answered on Oct 5, 2018
You're asking a number of questions here. You really need to talk to a defense lawyer privately to get a more detailed response.
Can a juvenile in IL be charged with a felony if damage is under $600.00?
Yes. There's more than one way it could be charged to make it a... View More
i am a legal guardian of a 15 year old grand daughter who refuses to go to school can i take legal action and get a court order that she attend school so i am not the one fined by the state for her not attending school ? she use the system against me saying there is nothing i can do to force her to... View More
answered on Oct 2, 2018
I would consult with an attorney with experience in Juvenile Court regarding what are called no fault dependency petitions and minors requiring authoritative intervention petitions. If it's that bad that you want to have the court system involved, then this may be the way to go to show that... View More
Husband admitted to touching his younger sister when they were children beginning 28 years ago. Swears there was never penetration. Nobody in their family knows of the incidents until now when my husband admitted it to me. Can his sister still press charges against him?
answered on Sep 30, 2018
The best answer I can give is probably not, but I would need more information to concretely answer the question.
The legal issue here is whether Statutes of limitations would bar a criminal charge this late. In Illinois, most crimes have a statute of limitations of 3 years, but some time... View More
The phone was registered in Person's name. She got it for her daughter so they could stay in touch when Mia was at her father's. The phone was in Chicago and Person was in Pittsfield Illinois when texts were sent. A judge heard the case, threw it out and expunged the record. Now her ex... View More
answered on Sep 30, 2018
She needs a lawyer. She needs to start interviewing criminal defense lawyers and select one that she likes.
Can a motion to lift a stay apply if the juvenile completed his term of parole? And if an EJJ was never filed how can they try to lift a motion for stay?
answered on Sep 30, 2018
There's not enough information here to answer your question. A motion to lift a stay of what?
I would either contact the lawyer who represented him in the first place, or contact a criminal defense lawyer for a private consultation to discuss your son's issues to discuss the best... View More
Someone staying at my house foe a couple of weeks had asked me to take his aunts debit card and make cash withdrawal to help pay his share. It wasnt his aunts card and now im being charged with burglary because it was someone elses card. Whats my best option for defense
answered on Sep 30, 2018
Burglary is defined in Illinois in watered down plain English as entering someplace with the idea of committing a theft or some felony inside.
My best guess is that they're using your possession of the debit card as part of the evidence that you got it from some place.
The... View More
In 2013 my bf publick defender got him 6 years just ao happens to be the head prosuction in diffrent county and she is unbelievably throwing her new weight around. I know there being over tge top with cash bonds every one in supior court was cash bonds there over populated cots in day room... View More
answered on Sep 30, 2018
There's not much I can say here, but it's not uncommon for prosecutors to leave the State's Attorney's Office and become defense lawyers, and it's also not uncommon for defense lawyers to be hired to switch sides and work for the State's Attorney's Office.... View More
Students witnessed and confirmed she didnt push another student..the school sent her back to class. School resource officer pulls her out of class and writes her a ticket for pushing her..she refuses to sign it and tells him to call her mom. He says he will not call me and told her to sign the... View More
answered on Sep 30, 2018
You need to hire an attorney. Many lawyers offer free consultations to discuss issues before a fee gets finalized. I think you and your daughter should go meet with at least a couple to see who you and your daughter like.
One thing to remember here, in this case, the daughter is the... View More
A friend of mine recently went to jail, and his family emptied his savings and sold his guns, clothes, tools etc. Is that legal? Because as I understand it, until he's convicted, he still has rights over his possessions.
answered on Sep 30, 2018
No. Being incarcerated does not mean you lose your property rights. What you've described, if done without his permission (unless someone has power of attorney over him), the law would describe as theft. The populace would call it highway robbery.
answered on Sep 30, 2018
I agree completely with Mr. Wang's answer. I will add that whoever may have handed keys over should get a lawyer now even before you may be investigated or arrested.
If you're arrested, my advice would be to tell the police officers you wish to exercise your right to remain... View More
so im fighting 2 counts of aggravated battery/ public place, 2 counts of aggravated battery/bodily harm, and 2 counts of AGG BTRY/CHIL <13/GRT BOD HARM when i didnt commit the crime
answered on Sep 30, 2018
If you have a good lawyer, there may be a chance. That's true for any case.
There's no way to know for sure without meeting with a lawyer in private to discuss your charges as well as the evidence the prosecution claims they have.
You're facing serious charges. You... View More
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