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Illinois Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Illinois on
Q: Can I file a motion to reduce bond for my brother in Illinois if the bond is too much and he’s been in jail over a month

It’s for a drug charge violation of probation

0 Answers | Asked in Criminal Law for Illinois on
Q: How can I get a mandamus correction mitimus on an inmate verification incarceration Do I need a defense lawyer

Inmate verification records was sent to IDOC in error. Time was calculated time served he was to be released IDOC is holding him to 2023

0 Answers | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... Read more »

0 Answers | Asked in Gov & Administrative Law and Criminal Law for Illinois on
Q: Why would the state/prosecutor ever try to get indictments through a preliminary hearing when grand juries are so easy?

As you may know, in the United States the federal or state government may seek criminal indictments either through a preliminary hearing or a grand jury. From what I understand, grand juries have been banned in all common law countries, save the US and Liberia, and they're often criticized for... Read more »

0 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Illinois on
Q: Convicted of drug darifenacin Ames Iowa. Has been expunged for over a year. Can I own a firearm?

I am not of legal age to own a handgun in my home state of Illinois (where I claim residence) am I able to own a gun in Illinois when I turn 21. made a typo not darifenacin its supposed to be parafernalia.

0 Answers | Asked in Civil Rights, Criminal Law and Family Law for Illinois on
Q: Should I write a police statement to try and help him I refused to press charges. Or should I just not?

I got heated at my boyfriend & wasn’t having a good day & it was all over me shopping and being stubborn. I started hollering in the store and the 10+ people in there did not say nothing! We were fine. Anyways started walking down to the gas station and he wanted to buy the things he... Read more »

0 Answers | Asked in Criminal Law, Banking, Federal Crimes and Identity Theft for Illinois on
Q: My check was stolen forged endorsed cashed. Want the account holder and person's involved to be prosecuted

The endorser decided not to press charges on the person they helped can I pursue charges on the endorser an involved party

0 Answers | Asked in Criminal Law for Illinois on
Q: What to do when the prosecutor tampers with witnesses? and when a judge allows a lying juror to not be replaced?

I had been prosecuted based upon allegations, no witnesses, no police investigation, no evidence and no person including the accuser was evaluated by physiological health expert. A class X was dismissed by the state and I was found not guilty on another class X and a class 2 but then the jury voted... Read more »

0 Answers | Asked in Criminal Law for Illinois on
Q: I have been charged with retail theft/burglary > 300 dollars while my 15 visits to walmart in three months -first time

How do I get rid of these charges. They have me on video putting 50 cents sticker on groceries

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alan E. Jones
PREMIUM
Alan E. Jones
answered on Aug 31, 2022

At an arraignment, several things will happen in court. The judge advises the defendant of the charges - including exactly what is alleged, what the maximum possible penalty is within the law and then the judge will enter the defendant's initial plea of not guilty. Then the judge will order... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

1 Answer | Asked in Criminal Law for Illinois on
Q: Indirect criminal contempt charge

If a ex spouse files a indirect criminal contempt charge and state refuses to pick it up so the ex spouses attorney picks it up and prosecutes it . Why would attorney file 179 days vs the standard 180 day jail time. I am looking for Illinois statue that breaks down what qualifies , how punishment... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Criminal charges in Illinois are filed by the authorized prosecuted entities, the States Attorney Office or federal prosecutors, not by private parties.

A private attorney cannot "prosecute a charge", the attorney may only file certain legal actions under possible legal grounds...
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Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

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