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Illinois Criminal Law Questions & Answers
0 Answers | Asked in Domestic Violence, Civil Litigation and Criminal Law for Illinois on
Q: Do I need separate lawyers for a domestic violence case involving an incident across jurisdictions in Chicago and Hammond with an order of protection and evidence of injuries?

I am involved in a complex domestic violence situation that has resulted in an order of protection against me in Chicago. My ex, who has a history of violence, instigated a fight involving his children and their mother, who traveled from Chicago to Hammond to confront me. During the altercation,... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Could I face legal trouble if a felon hasn't changed their address but doesn’t live with me and I legally own a gun?

I legally own a gun and live alone without allowing anyone, including a felon who hasn't changed their address, into my home. The gun is securely stored in a closet. Could I face any legal trouble due to the felon's unchanged address?

Cheryl Powell
Cheryl Powell
answered on Mar 19, 2025

No. The address is his responsibility, not yours. He would only have to report his address if he is on pre trial release, probation, parole or a sex offender. But if he listed your address, you may choose to let them know he does not live there anymore as his address is subject to being searched... View More

0 Answers | Asked in Criminal Law for Illinois on
Q: What are the legal consequences if I possess a firearm not registered in my name as a FOID card holder?

I am a FOID card holder. A firearm was found in my possession at my home, but it is registered under someone else's name. I was aware of this, and the firearm was given to me for my protection. Legally, what could happen to me in this situation?

1 Answer | Asked in DUI / DWI and Criminal Law for Illinois on
Q: What is the likely sentence for a third DUI in Illinois at age 40?

I received DUIs at ages 16 and 18 in Illinois, and I've just gotten another one at age 40 in Illinois again. I have no other criminal history. There weren't any aggravating factors like injury or property damage in my recent DUI, and I'm currently in an alcohol education program.... View More

Theodore J. Harvatin
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answered on Mar 15, 2025

Potentially it’s a felony. You should be talking to your lawyer if you have one. If you do not, you should obtain one.

0 Answers | Asked in Criminal Law for Illinois on
Q: Could cooperating with a detective help drop my drug case in Illinois?

I have been charged with a drug-related offense and recently spoke with a detective while I was in the hospital. The detective asked me to help with their investigation. I haven't contacted my attorney yet. If I cooperate with the detective, could that help in potentially dropping my case?

0 Answers | Asked in Criminal Law, Gov & Administrative Law and Traffic Tickets for Illinois on
Q: 22-year-old arrested for failure to appear in Illinois after texting 17-year-old.

I am a 22-year-old male who engaged in text messaging with a 17-year-old girl from Illinois, while I am from North Carolina. The texts were mutually sexual but also relationship-like. The girl's parents have taken legal action, and I failed to appear in court in Illinois. I was recently pulled... View More

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Civil Litigation for Illinois on
Q: “Illinois parental rights lawyer for wrongful child removal, due process violations, and agency misconduct in DCFS cases

In 2018, a temporary judge granted DCFS removal without prejudice, later issuing a statement that he disagreed with the removal. Judge Patricia Martin later ruled the foster home was unsuitable, but instead of ordering return, she left the decision to agency discretion. Despite substantial... View More

0 Answers | Asked in Criminal Law and Family Law for Illinois on
Q: at 15 my daughter had sex with an 35 year old man. i just found this out recently . she is now 20. can i still press

can i press charges if i have a video proof.

can i get in trouble if i used hidden camera footage.

0 Answers | Asked in Criminal Law for Illinois on
Q: Can receiving explicit material from a 17-year-old on Snapchat lead to legal trouble in Illinois?

I am 20 years old and recently received explicit material over Snapchat from a 17-year-old after hinting at such a possibility but without directly asking for it. The material was saved by the sender but I was blocked soon thereafter, so it is no longer on my device. Could I potentially face legal... View More

1 Answer | Asked in Civil Rights, Criminal Law and Libel & Slander for Illinois on
Q: Legal issues with song encouraging suicide?

I am considering releasing a song publicly that is themed around encouraging suicide. While the song targets a specific individual, it does not directly state their identity, nor have I communicated to anyone who this person is. There have been some past interactions with this individual and they... View More

James L. Arrasmith
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answered on Mar 26, 2025

Creating a song that encourages suicide could expose you to serious legal consequences. In many jurisdictions, intentionally encouraging or assisting someone to take their own life is a criminal offense, even if the person isn't explicitly named. The fact that you've had prior threatening... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Illinois on
Q: How to drop unauthorized use charges from Illinois, with pending Texas charges.

I need guidance on how to drop charges for unauthorized use of a vehicle. The incident was initially reported in Illinois, but the vehicle was recovered in Texas, and Texas currently has pending charges against my grandson, who is being held in a Texas jail. The report was filed by my son (the... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can I remove a 2008 firearm possession conviction to obtain a FOID card in Illinois?

I was convicted of unlawful possession of a firearm in Illinois in 2008 and sentenced to two years probation, which I completed without any incidents. I have not had any legal issues since then. However, I've been unable to obtain a FOID card because the conviction is a felony. Can I have this... View More

Cheryl Powell
Cheryl Powell
answered on Mar 4, 2025

I am not aware of any law that gives you the right to do so currently. Apparently, you were a felon on another conviction before that one. In the State of Illinois, one cannot possess a FOID card as a felon. There is a challenge to the FOID Law, however, in White County, Illinois. So check back... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Civil Rights for Illinois on
Q: Can police send a hidden informant into my house without a warrant in Illinois?

In Illinois, can the police legally send an informant with a hidden camera into my home to observe drugs without a warrant? I was unaware that the person was an informant at the time. After being threatened, I was informed about the report written by an officer, which he stated would not be... View More

James L. Arrasmith
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answered on Mar 24, 2025

Under federal law and Illinois state law, police generally can send an informant with a hidden recording device into your home without a warrant if you voluntarily invited that person inside. This is known as the "invited informant doctrine," where courts have ruled that you assume the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Illinois on
Q: Stopped by police without citation in Uber, guns found, plea deal. Options to appeal?

As I was entering an Uber, police approached and questioned if I could proceed. After they allowed me to get into the car, they stopped the Uber 15 blocks later for what they claimed was an investigatory stop. There was no citation issued to either me or the Uber driver, as the stop was solely... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

The proper thing to do in this situation is to file a Motion to Withdraw your guilty plea, not to appeal. If you wanted to contest the stop, etc., all of that has to be done inside the case, not in an appeal. This is not a DIY type of a case. You need to hire a local lawyer asap.

1 Answer | Asked in Criminal Law, Car Accidents and Domestic Violence for Illinois on
Q: Can a indiana warrant be executed in Illinois

I have a possible warrant in Indiana but I live in illinois

Charles Candiano
Charles Candiano
answered on Feb 11, 2025

An arrest Warrant can be executed in ANY state. Take care of the warrant immediately. Contact an experienced criminal defense attorney who regularly practices in the jurisdiction where the warrant was issued. If it is something very minor, the attorney may be able to take care of it for you.... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Florida felony w change guilty to not guilty plea day before sentencing, What is process now?Docket says arraignment.

Case has been ongoing 1.5 years. Motion to withdraw has been granted a day before sentencing. Now docket says arraignment scheduled. What does the process look like going forward? Will it go faster than the first time he was arraigned? Case is CSAM possession with a first degree felony charge and... View More

Cheryl Powell
Cheryl Powell
answered on Feb 6, 2025

The case starts back over from the beginning. Only people who can answer your questions are the lawyers in the case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: I need a lawyer to go through the whole trial, appeal transcripts of a wrongful murder conviction.

My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

James L. Arrasmith
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answered on Feb 8, 2025

You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: My question is pertaining to a traffic a stop where I was the back seat passenger. And I still went to jail!

During a traffic stop where I was a passenger in the back seat, the vehicle's owner was in the front seat, and her ex-boyfriend acted as the driver The officer observed the driver swaying close to the lines but did not cross the center line. Upon request, the driver was unable to produce a... View More

Theodore J. Harvatin
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answered on Feb 2, 2025

one of the better descriptions of an incident that I have seen. That being said, if no charges were filed, there is nothing much of a legal nature to address.

1 Answer | Asked in Criminal Law for Illinois on
Q: How can I get help with my son, that's been sent continuous life in prison for something he did not do we have proof

He was not able to show none of his evidence the judge stopped him from talking and they screwed over him on his 120 day speedy trial, he was in jail for a year they let him out and he's been free for 5 years got him a trucking business and a wonderful new wife but his ex-wife has stopped all... View More

Cheryl Powell
Cheryl Powell
answered on Jan 31, 2025

https://innocenceproject.org/contact/ i don't know who you contacted before, but I believe this organization does take care of Illinois as well.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you have your probation revoked even if you get a charge and it is still in the courts

I'm having to go to court for probation being revoked but the other charge that I got I am still going to court on there's been no conviction is that legal

Cheryl Powell
Cheryl Powell
answered on Jan 28, 2025

Yes. Essentially, you have a Petition to Revoke your Probation partly based on your new charge and you have the new charge. In the PTR the state only has to prove that it's more likely than not that you committed the crime. In the new charge you have to be proven guilty beyond a reasonable doubt.

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