Urbana, IL asked in Criminal Law and Civil Rights for Illinois

Q: did i ask for a work to be done or did i just ask a question

obviously if i wanted "dollar store" work i would've came to you personally ..either answer the question or don't..have a nice day gayry..oops Gary

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1 Lawyer Answer
William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I know you may not realize it, but you're asking for free work to be done.

Asking a lawyer what he or she thinks is asking the lawyer to provide work. Most of our work, before one of us may open our mouths in a courtroom, or in writing on an appeal..... is thinking through the problem at hand.

Respectfully sir, it is my belief that the purpose of this service is not to get a lawyer to do free work, but to identify a lawyer you like so you can hire the lawyer based on the problem that you have, whether it's Juan, or Gary, or someone else.

Respectfully, your question and your facts are not entirely clear, and any lawyer will tell you that a single fact can change the outcome of a particular legal problem.

I hope you can understand that any lawyer would be reluctant to answer the question if it's unclear what the question is.

Here's what I think your question might be: Assuming Officer Gary approaches me, believes I broke a law..... like Criminal trespass to Juan's residence...... and let's say in the search incident to that arrest, Officer Gary finds one gram of cocaine in my front right jeans pocket.

Officer Gary places me under arrest. The State then charges me only with the felony of possession. I am not charged with the trespass to Juan's property.

Is that legal?

Yes.

Must I be charged with the misdemeanor trespass which was the basis for the search to find the felony amount of drugs?

No.

It sounds to me (although I may be wrong) that you have a lawyer with your local Public Defender's Office whereever this arrest occurred. I would consult with that person. Make an in person office appointment. I am sure that, if you had the funds to hire a lawyer, that lawyer would want you in his or her office to get certain questions answered.

Don't treat the lawyer you have any differently just because you're not paying him or her.

I wish you the best of luck in your case.

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