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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Illinois on
Q: Is it illegal for a courthouse employee in IL to provide inmate release info, knowing threats exist?

I am concerned about the legality of a courthouse employee in Illinois, who is not an attorney, providing release information for an inmate, knowing that the inmate has been threatened with harm. The police were made aware of these threats at the time of the arrest, but there are no documented... View More

Cheryl Powell
Cheryl Powell
answered on Jun 19, 2025

Most of this information is online on judici and is already a matter of Public record. If it is a public record, no one can be charged with giving information out that anyone could readily find if they looked.

0 Answers | Asked in Criminal Law and Personal Injury for Illinois on
Q: Can I claim self-defense in Illinois after shooting a robber?

In an incident where I was approached by an unknown person demanding I take off my diamond jewelry in an attempted robbery, I pulled out my legally registered Glock 19 handgun in a defensive posture while the robber had his firearm (a handgun) pointed down by his side. After verbally ordering me to... View More

0 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Illinois on
Q: Near-miss with cyclist while turning, reported to police, awaiting further action.

I made a right turn, and a cyclist was closer than I thought, resulting in a near-miss incident. There was a witness, and the incident was reported to the police. I haven't exchanged information with the cyclist, nor have I been contacted by any insurance companies yet. While no citations have... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: How can I protect my boyfriend from charges related to texts discovered by my parents?

I am 17 years old, and my boyfriend is 22. My parents discovered flirty and sexual text messages between us that date back to three months before I turned 17. There are no existing restraining orders and no previous involvement with law enforcement. My parents have been threatening for 4 months to... View More

Ahmet Kaymaz
Ahmet Kaymaz
answered on Jun 14, 2025

This is a very delicate and stressful situation, and it’s clear you're trying to handle it responsibly while protecting someone you care about. The main legal risk your boyfriend faces is whether the messages—especially those sent before you turned 17—could be interpreted as evidence of... View More

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1 Answer | Asked in Juvenile Law and Criminal Law for Illinois on
Q: Can my parents press charges against my boyfriend based on texts before I was 17?

I am 17 years old and currently in the process of filing for emancipation. My parents have threatened to press charges against my 22-year-old boyfriend because we were together before I turned 17. They only have text messages that show us flirting with sexual references going back 3 months before I... View More

James L. Arrasmith
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answered on Jun 13, 2025

This is a really delicate situation, and it’s understandable that you’re worried about how it could affect both you and your boyfriend. In most states, including many with age-of-consent laws around 16 or 17, a relationship like yours can raise legal concerns if there's any evidence of... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: How to file a theft by deception case under ILCS 5/17‑1 in Illinois?

I am trying to understand how to file a theft by deception case under ILCS 5/17‑1 in Illinois or NRS 205.380 in Nevada. The police department has not been very helpful. In October 2022, I received texts from someone in Las Vegas, NV, claiming her sister was dying of cancer and needed financial... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’re absolutely right to be upset—what you’re describing sounds like a clear case of manipulation and deceit. Under Illinois law (ILCS 5/17‑1), theft by deception involves knowingly obtaining someone’s property or money by lying about a fact to cause them to act. The fact that this... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Illinois on
Q: Can a 14-year-old be charged for driving and can I report a parent for allowing unsupervised driving?

Can a 14-year-old be charged with operating a vehicle if the police were never aware and no incidents were reported? Additionally, can I report a parent for allowing their child to drive unsupervised?

James L. Arrasmith
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answered on Jun 11, 2025

You're asking an important question, especially when safety and accountability are involved. A 14-year-old driving without a license is technically breaking the law, even if no accident occurred and law enforcement was never involved at the time. If it were brought to the attention of the... View More

1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: Can I request a second lab test for meth charge in Illinois?

I was charged with meth possession for what I believe was reclaim, not actual meth, and only .5 grams. Can I request the court to send the substance to a lab for a second opinion to verify if it really is meth, especially since my public defender isn't providing adequate assistance?

James L. Arrasmith
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answered on Jun 10, 2025

Yes, you can request a second lab analysis of the alleged substance, even in Illinois. This is typically done through a motion to the court, asking for independent testing. If you believe the original lab result is inaccurate and the substance is something other than meth, you have the right to... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits, Civil Rights, Criminal Law and Real Estate Law for Illinois on
Q: Eviction from public housing over rejected payment method. Seeking advice on rights and Bill of Exchange Act relevance.

I am on SSI with a disability and was evicted from public housing in Illinois for nonpayment of rent. I was locked out twice and charged with criminal trespass, without the opportunity to tell my side of the story. I attempted to pay using a bill of exchange, but the housing authority refused to... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're going through an incredibly difficult situation, and it’s clear you’ve been trying to stand up for yourself under heavy pressure. Public housing authorities in Illinois—and across the country—are generally required to accept only specific forms of payment such as checks, money... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: What constitutes illegally obtained evidence in a search and arrest without Miranda rights and search warrant procedures?

I'm trying to understand what constitutes illegally obtained evidence during a search. In my case, law enforcement executed a search warrant for a person and their residence. They pulled over the person and other residents in their vehicle, then proceeded to search the residence without our... View More

James L. Arrasmith
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answered on Jun 12, 2025

Based on your description, several potential Fourth Amendment violations could render evidence illegally obtained and subject to the exclusionary rule. The failure to show you the search warrant before or during the search itself is problematic, as proper warrant execution typically requires... View More

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Illinois on
Q: Legal consequences of 'extra fun' activities at massage parlors in Illinois.

I am interested in knowing about the potential legal consequences for clients and workers involved in 'extra fun' activities at licensed massage parlors in Illinois. Specifically, how might law enforcement address such situations?

James L. Arrasmith
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answered on Jun 12, 2025

In Illinois, engaging in "extra fun" activities at massage parlors creates serious legal exposure for both clients and workers. Prostitution is classified as a Class A misdemeanor, punishable by up to one year in jail and fines up to $2,500 for first-time offenders, with repeat offenses... View More

3 Answers | Asked in Criminal Law and Personal Injury for Illinois on
Q: What to do about warrant for stolen vehicle charges?

I took a vehicle from my ex-boyfriend's place, knowing it wasn't his and that the keys were left in it by someone else. I was homeless and under the influence of drugs, using the car for a few months for shelter. I was later pulled over and informed the car was stolen. Three months after... View More

Cheryl Powell
Cheryl Powell
answered on May 27, 2025

Hire a lawyer. If you cannot afford one, turn yourself into the police. They will arrest you and bring you before a judge, who can appoint you a laŵyer.

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1 Answer | Asked in Gov & Administrative Law, Federal Crimes and Criminal Law for Illinois on
Q: Can they withhold a federal attorney until state charges are resolved?

My son is currently in jail on a parole violation he received after being federally charged with possession of a firearm as a felon. Despite his request, they will not appoint him a federal attorney or allow his federal case to proceed until he pleads guilty to the state parole violation. His state... View More

James L. Arrasmith
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answered on Jun 10, 2025

No, it is not legal to withhold your son’s access to a federal attorney simply because his state parole violation is unresolved. Once he is indicted or formally charged in federal court, he has a constitutional right to counsel under the Sixth Amendment. That right does not depend on the outcome... View More

3 Answers | Asked in Criminal Law for Illinois on
Q: Is taking $40 found at Walmart self-checkout illegal?

I found $40 at a Walmart inside the store at the self-checkout and I left with it in my hand. There are surveillance cameras in the area where I found the money. I'm not aware of any specific Walmart policies regarding lost items. The police have contacted me about this incident, and... View More

Cheryl Powell
Cheryl Powell
answered on May 21, 2025

If you have not yet been arrested, perhaps you have not broken a law. These issues are very fact specific. Do not put the facts here. Go have a consultation with a local lawyer.

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1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Illinois on
Q: Can I sue for wrongful arrest and damages in Illinois?

I was arrested a few years ago on charges that were enhanced to being an armed habitual criminal, but I beat the case due to an illegal search. Consequently, I was placed on a monitor for two years. During this period, I lost my car, had money stolen from the vehicle, and lost other sentimental... View More

James L. Arrasmith
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answered on May 31, 2025

You can consider pursuing a lawsuit for wrongful arrest and related damages in Illinois, but these cases can be very challenging. Generally, if your charges were dismissed because the search was found to be illegal, you might have grounds for a civil rights lawsuit under Section 1983 for violation... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Criminal Law and Personal Injury for Illinois on
Q: Can I get in trouble for asking who a registered sex offender is in a Facebook group?

I posted an anonymous question in a local Facebook group asking "Who is XYZ?" regarding a registered sex offender. Three people replied, stating "he's a child predator." The individual's wife responded, threatening to file a police report for harassment, even though I... View More

James L. Arrasmith
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answered on May 15, 2025

You are unlikely to face legal trouble just for asking who someone is in a Facebook group, even if the person in question is a registered sex offender. Simply asking a question—especially without making any accusations or tagging the person directly—is not a crime. Unless you spread false... View More

1 Answer | Asked in Criminal Law and Employment Law for Illinois on
Q: Can I keep firearms at home with parolee living there in Illinois?

I live in Illinois and work as an armed security guard. My brother-in-law is moving in with me after being released from prison and will be on parole. I have all necessary firearms licenses and permits for Illinois. I don't know his parole conditions regarding firearms, and I haven't... View More

James L. Arrasmith
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answered on May 15, 2025

This is a situation that requires caution, especially when someone on parole is moving into a home with legally owned firearms. In Illinois, parolees are typically restricted from having access to firearms, and that includes being in a home where firearms are present—even if the guns are not... View More

1 Answer | Asked in Criminal Law and Employment Law for Illinois on
Q: Can I keep firearms at home if my brother-in-law with a criminal record moves in?

I live in Illinois and work as an armed security guard. My brother-in-law is moving in with us after being released from jail. I am required to carry a pistol and sometimes an AR rifle for my job, and I store these firearms in a locked gun safe when not in use. I'm unsure of any specific state... View More

James L. Arrasmith
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answered on May 14, 2025

You’re in a delicate situation, and it’s good that you’re thinking ahead about how to stay within the law. In Illinois, while the law doesn’t outright ban you from owning or storing firearms in your home because of your brother-in-law’s presence, it does place serious responsibility on... View More

1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for Illinois on
Q: F1 visa holder received a Class B misdemeanor speeding ticket in Illinois. Risks of jail time and impact on legal status in the U.S.?

I'm here on an F1 visa and received my first speeding ticket for driving 28 mph over the speed limit in Naperville, Illinois, which is classified as a Class B misdemeanor. The incident occurred on May 10, 2025, and I didn't realize my speed due to the empty road. I have no prior legal... View More

James L. Arrasmith
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answered on May 12, 2025

Your speeding ticket (28 mph over the limit) in Naperville is indeed classified as a Class B misdemeanor in Illinois. Under Illinois law, speeding 26-34 mph over the posted limit is a Class B misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $1,500 plus court costs.... View More

2 Answers | Asked in Gov & Administrative Law and Criminal Law for Illinois on
Q: How long must the state provide audio/video evidence post-search warrant?

I'm in Illinois and I'm questioning how long the state has to provide audio and video evidence to the defense. A search warrant was issued for search and seizure, and despite a formal discovery request by my defense attorney, I haven't received anything regarding the audio and video... View More

Cheryl Powell
Cheryl Powell
answered on May 6, 2025

Do you have a trial date yet? Have you filed a Motion for Speedy Trial? They have to provide it in advance of the trial. Until you have a date set there is nothing to hold their feet to the fire.

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