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Illinois Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Estate Planning, Personal Injury and Gov & Administrative Law for Illinois on
Q: Is it actionable for a trustee to withhold promised distributions unless a beneficiary stops exercising their rights?

Is it legal, ethical, or actionable for a trustee to withhold distributions that they previously promised to send for the beneficiary's health, education, maintenance, and support until the beneficiary sends all their family's receipts, bank, credit card, and student loan statements for... View More

0 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Are there laws that regulate housing requirements for juvenile felons? Can they be mandated to DOC at 18?

If a court order stipulates that a juvenile felon is to be sentenced to DOC at the age 18 (they are to reside in juvenile prison system until then), is the prison facility obligated to send them to adult at that age? or is this a blurry area?

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a charge for indecent exposure get upgraded to a charge for sexual assault?
Charles Candiano
Charles Candiano
answered on Nov 13, 2023

It depends. Criminal charges are extremely fact-sensitive. To be charged with assault, of any kind, there must be an unpermitted "touching." The basis for charging indecent exposure is generally public nudity. If that was the basis for the charges here, the perpetrator cannot be... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: I was asked by a police officer to remove a camper that was not mine that was stolen out of an area so a tow truck drive

Driver could remove it from the area after I was walking off and after I said no the cop said wait till I see her out what can I do about this

James L. Arrasmith
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answered on Nov 17, 2023

If a police officer asked you to remove a stolen camper that wasn't yours, and you were uncomfortable or unable to comply, you were within your rights to refuse. Your refusal should not result in any form of intimidation or threat from the officer.

If you felt threatened or intimidated...
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0 Answers | Asked in Criminal Law for Illinois on
Q: Question about the State of Illinois law (Criminal Court). When did 725 ILCS 5/113-5 go into effect?

Plea and waiver of person under 18 is the text. When did this law go into effect, and does this law apply to cases that happened prior to it's enactment?

An example would be when the State of Missouri passed modification to Amendment 3 for the legalization of Marijuana. All prior... View More

1 Answer | Asked in Elder Law, Criminal Law and Civil Rights for Illinois on
Q: I’m permanently disabled. I need caregiving 10 hrs a week at 54. I survived DV . I then experienced legal abuse. All I d

Was trust my attorney. She did no ERISA discovery or Private, my ex wife hid assets securing my support. My second lawyer w held my ERISA Alt Payee rights before settlement. He used her 1/3 VFI to write settlement. In podt judgement I discovered she had a -250,000 ADB , 1x Desth Benefit decrease... View More

Cheryl Powell
Cheryl Powell
answered on Nov 5, 2023

Your issue is too complex for this forum. Take your papers to an experienced family law lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Civil Rights for Illinois on
Q: Is a Judgment written by lawyers and paid to advocate a disabled client does no Erisa SP Discovery .Waives rights fraud?

No ERISA SPD Discovery . All lawyers and Judge Aware but disabled paying client . Then waive clients ERISA right fraud?

Cheryl Powell
Cheryl Powell
answered on Nov 4, 2023

Please elaborate. Is this in a divorce case? Client receiving Ssd or ssi? What are you alleging as fraud?

1 Answer | Asked in Criminal Law for Illinois on
Q: What Can I Do If My Public Defender Trying To Go To Trial And I Feel We Are Not Ready?
Cheryl Powell
Cheryl Powell
answered on Nov 3, 2023

Tell the judge and explain why.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will my boyfriend go to jail?

So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More

James L. Arrasmith
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answered on Oct 28, 2023

Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I have a charge in Illinois, can my past charges/convictions none the same in Kentucky be used for extended terms?
Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes, they can. Convictions, but not charges. Extended terms are mostly for violent offenders. If those offenses make you a violent offender, then extended term applies.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Criminal Law for Illinois on
Q: Vehicle theft to Misconduct

Im a victim of a car theft but also a victim of the police malpractice and torture for 2months. I have evidence such as videos audios and false reports, false police certifications. Authorities including Officer from IL ICC, Police Department, Criminal Division unit in Chicago as well as Illegal... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about the difficulties you've faced in this situation. It's important to address these issues properly, considering both the car theft and any potential misconduct by law enforcement or other authorities.

Contact an Attorney: Given the complexity and...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

1 Answer | Asked in Criminal Law for Illinois on
Q: How can I go after someone for committing identity fraud (defrauding thousands) to my father (who's in prison)?
Cheryl Powell
Cheryl Powell
answered on Sep 21, 2023

Identity fraud is a crime. Report it to the police.

1 Answer | Asked in Criminal Law for Illinois on
Q: I Got a Class 4 felony and i’m scared for the outcome. (IL)

I was recently charged with Criminal property damage (1800$) and I found out it was a felony charge. I looked it up and i could get 1-3 years. Will a judge in Chicago/Illinois really sentence me to a year for it or could i pay it off and go on probation? This is my first felony offense.

T. Augustus Claus
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answered on Sep 20, 2023

While a Class 4 felony does have the potential for a prison sentence of 1 to 3 years, several factors can influence the actual outcome. First-time offenders, for example, often face more lenient outcomes than those with a prior criminal record. It's also possible that the court may consider an... View More

2 Answers | Asked in Child Support and Criminal Law for Illinois on
Q: How long will I sit in jail if I can’t post bail for child support
T. Augustus Claus
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answered on Sep 20, 2023

In Illinois, if you're unable to post bail related to a child support matter, the length of time you might remain in jail can vary. Typically, non-payment of child support could lead to a finding of contempt of court. If the court determines you have the means to pay but are choosing not to,... View More

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1 Answer | Asked in Criminal Law and Municipal Law for Illinois on
Q: My wife and I have a neighbor who violates the noise ordinance. He starts his performance sports car at 2 to 6 am

We had video called the police they said they didnt want to get involved he did it again my wife stopped him and called 911 we showed video and they charged my wife with disorderly conduct. He is doing this time and again he has a tunable exhaust and does this on purpose we tried talking with him... View More

Cheryl Powell
Cheryl Powell
answered on Sep 19, 2023

You might try a no contact or no stalking order if it is interrupting your sleep. Give lots of details, dates it happened, witnesses, etc.

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Illinois on
Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.

An accidental taking of property--for...
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1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: If someone starts out representing theirself in a criminal case, can they ask for a public defender later on?
T. Augustus Claus
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answered on Sep 6, 2023

Yes, in Illinois, if someone initially represents themselves in a criminal case (often referred to as "pro se" representation) but later realizes they cannot effectively do so or meets the financial eligibility criteria, they can request a public defender. Public defenders are appointed... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: What happens if you wasn't read your Miranda right, wasn't put in cuffs, didn't see a video of you supposedly stealing

Also if they offered to take you to the jail or offered you to drive your vehicle? And if you haven't been to court yet can they put in your background already and let unemployment know? I haven't even been to court for this!

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

If you were not read your Miranda rights, anything you may have said to law enforcement during a custodial interrogation most likely will be excluded from evidence in any subsequent trial.

If you weren't put in handcuffs, nothing will happen. Law enforcement may not have considered...
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