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Illinois Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Illinois on
Q: How to get driving on revoked dismissed
1 Answer | Asked in Tax Law and Criminal Law for Illinois on
Q: On federal probation,given restitution order, but also owe back state taxes. Who gets my tax refund 1st; victims, or IRS

Thanks for taking my question. I have just been sentenced to federal probation and ordered to pay restitution to an injured party. However, I also owe money in back taxes to the state of Illinois for unpaid taxes from 2021. A condition of my probation is that I file a tax return this coming spring.... View More

James L. Arrasmith
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answered on Jul 18, 2024

When you file your tax return and are issued a refund, the government will prioritize payments based on the specific laws and regulations governing your situation. Typically, the IRS will apply your federal tax refund to any outstanding federal tax liabilities first. Since you are on federal... View More

0 Answers | Asked in Criminal Law for Illinois on
Q: Child in need and DUI arrest, arresting officer ignored child in need, was more interested in making the arrest,

My son was pulled over for speeding, which ended up DUI arrest. Officer asked if he was drinking, my son told the truth and told him a couple. Officer did field test, in which he passed except the standing on 1 foot, and has no idea about the breath test. The officer did not say anything to him... View More

0 Answers | Asked in Criminal Law and Elder Law for Illinois on
Q: Need help deciphering this… ERT 10:21am ASA Carson, defendant with APD Williams appear. DBC. Offer forthcoming. LOAS.

Don’t understand the abbreviations beyond ASA and APD. This was pulled from case history on judici

0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Illinois on
Q: Canatty or pd getcase thrwnout b4 arraign.if I have proof my daughter was off her meds and not think straight. In pd rep

I let her back in after they released her and the next morning she again caused chaos. I left ( she was yelling so she had Noone to yell at) however she called police and said I assaulted her. I'm on sec 8 and recvd a summons to appear. She did this the day prior and police took her to... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Illinois on
Q: 63 in a 35 have to appear in court

for a first offense what would likely be the punishment

Brandon K. Davis
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Brandon K. Davis
answered on Jun 23, 2024

Speeding 26-34 over is a Class B misdemeanor under Illinois law. This is a criminal offense, which is why you have a mandatory court appearance. An attorney can certainly assist and help ensure you receive the best possible result.

2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Illinois on
Q: Can you generate a list of lawyers who advertise practicing in law as opposed to practicing at law?
James L. Arrasmith
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answered on Jun 21, 2024

Identifying lawyers who advertise practicing "in law" as opposed to "at law" can be nuanced due to the way legal advertising rules are structured and enforced. The distinction is subtle and may not be explicitly stated in most advertising materials.

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2 Answers | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: What will happen to me if I run away at 16 an don't return until I'm 18
Cheryl Powell
Cheryl Powell
answered on Jun 17, 2024

Everyone harboring you can be charged with a felony for harboring a runaway. You put everyone in danger who tries to help you.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, Recently placed on 2nd chance probation for Burglary. 2 years probation, 100 hours of CS. 180 days jail STAYED.

2 weeks after court date, I got a DUI few blocks from home. I have NO prior criminal record. I am 45 yrs old and am compliant with probation except for DUI. States Attorney just filed PTR petition to revoke! What am I looking at? Jail sentence? extended probation? Im sick over this. What should I... View More

Cheryl Powell
Cheryl Powell
answered on Jun 6, 2024

You should hire a criminal defense lawyer in the county where the charge is pending IMMEDIATELY.

These cases are very fact specific and you need immediate assistance from a lawyer who has experience with this State's attorney.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can I be convicted of theft if cameras found me in the vicinity but didn't capture it happening?

Hello, there have been a string of petty thefts at my workplace. Some items that have been stolen are apple ear pods, $800, and credit cards. I believe there is footage of me going in and out of the rooms around the time of the thefts. There is no footage of the actual thefts because cameras are... View More

Voss Skoullos
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answered on Jun 4, 2024

Simply being inside the room is weak circumstansial evidence, especially if visiting the room was part of your daily job duties. If this is the only single piece of evidence, the case against you would be very weak. On the other hand, if there are other bits of circumstantial evidence, they may be... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I am being railroaded by the entire judicial system in Illinois I am desperately seeking help for I end up in prison!

There is some to this case and I don't have the room to put it all in I do have a narrative of anyone is willing to help me! They trying to lock me in prison for something I was no part. I need someone willing to help me please! I do not deserve this.

Michael I. Leonard
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answered on May 2, 2024

It is difficult to answer your question without knowing a whole lot more information about the case that you are defending against. If you do not have counsel, you should contact competent counsel and explain in detail the facts, circumstances, and procedural posture of your case.

1 Answer | Asked in Criminal Law for Illinois on
Q: Do I have to be read my miranda rights if I was questioned raided and arrested in illinois?
Michael I. Leonard
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answered on May 4, 2024

Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?

Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More

Michael I. Leonard
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answered on May 2, 2024

Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

James L. Arrasmith
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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.

Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you

Michael I. Leonard
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answered on May 2, 2024

There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can Attorney Waiver Of A Conflict Of Interest Be Vaild If The Attorney Only Disclosed 2 names but it was 4 witnesses?
Michael I. Leonard
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answered on May 2, 2024

Meaning that the attorney previously represented 4 of the witnesses in the case against you? All potential conflicts must be disclosed.

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