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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

0 Answers | Asked in Criminal Law for Illinois on
Q: It's a court system or the please put the wrong date when it happened can someone get out of jail

If someone was put in jail and they parked the wrong date on it are they allowed to get out of jail because of that

1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

0 Answers | Asked in Criminal Law, Employment Law, Products Liability and Federal Crimes for Illinois on
Q: Just seeing if I have a reasonable case.

I work at a dollar General. There was supposed to be a remodel done for months now. And In the process of asking for months when it was coming and getting no response, I was robbed. My back was turned to the entrance doors which is a life risk. And the registers are literally 5 feet from the door.... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: False arrest

My fiance was arrested on November 25th for Domestic Battery and unlawful restraint and he is not guilty

Alan E. Jones
Alan E. Jones answered on Jan 5, 2022

I recommend finding a good local defense attorney from the county where the case is being prosecuted to handle his case. Best of luck. Al Jones

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1 Answer | Asked in Criminal Law for Illinois on
Q: Say you get pulled over and your driving someone else’s vehicle do the police have the right to search said vehicle?

Like if your using their vehicle and you get pulled over don’t they need the registered owners permission to search the vehicle or at least impound the vehicle to be able to search it since it’s not your vehicle to give consent to allow them to search it

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 4, 2022

Yes.

Any motorist operating any vehicle may trigger a completely lawful traffic stop warrantless search if the traffic stop, the motorist’s conduct or statements, visible evidence of the contraband creates an articulable reasonable suspicion to conduct an investigation based on the...
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1 Answer | Asked in Criminal Law and Construction Law for Illinois on
Q: Im being investigated for home repair fraud but I have returned the money presumably before I have been charged Am I gud

I do driveway installation and recently I did work for a elderly lady, I I did not charge her more than I told her, I did everything I told I was going to do and I made sure to ask her if she was satisfied before she paid me. I also told her at any point if she was unhappy with the job to contact... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 30, 2021

That is why is it always essential to enter in a written contact with all terms and conditions spelled out in a clear form. That way, with any misunderstanding you have a written contact signed by both parties.

Now, back to your matter at hand.

In my professional opinion the local...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it illegal to say "I am a licensed Medical Doctor" without saying or doing anything more? Just saying those 6 words.

So there is no patient or practice of medicine. No intent to do anything. Just only saying the words "I am a licensed Medical Doctor". Please do not read to much into it and think I am referring to anything more other than just speaking those 6 words. If there is no patient, practice,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 29, 2021

Depends on the circumstances.

If one states I am a licensed Medical Doctor" and then provides a medical advice (no matter how trifle) that will constitute an unlawful practice of medicine without a license not to mention a hefty civil liabilities for damages if such may occur.

1 Answer | Asked in Criminal Law for Illinois on
Q: I'm on probation. I was then arrested for a felony domestic violence which was later never filed and was thrown out.

However the state still filed a vop against me for the arrest. This would be my first violation, all other terms have been completed. Since there is now no actual charge pending against me, what can I expect to happen. Will this be dismissed or no violation found?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 28, 2021

I would promptly retain an experienced criminal defense counsel for a VOP hearing. Here is why. Even if the charges were not filed, the State may argue that it is still a de facto violation and the judge may agree to change its terms rendering you to an actual prison term.

In my opinion,...
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0 Answers | Asked in Criminal Law and Constitutional Law for Illinois on
Q: in illinois, do i have to be shown a warrant before cops seize and search my cellphone?

can evidence be thrown out if I was shown warrant months after they searched cell phone or never served with a warrant?

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: If a person falsely claims they are an FBI agent in text & wants me to call them, can I record them without permission?

A person has texted me claiming to be an FBI agent from Wilmington, DE. He wants me to call him. Can I record the conversation without his permission to get audio evidence of the crime he already committed in text? Also, which law would be applied if I did and it was illegal...Illinois' or... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 22, 2021

Illinois is a two party consent state, so you may not record a party without their consent, however, you could promptly contact the police and show the incriminating texts for an investigation.

1 Answer | Asked in Criminal Law for Illinois on
Q: Hi I recently tried to help a gentleman deposit a unendorsed/unlabeled money order in to my account.

Hi, I was trying to be a good person and tried to deposit a money order for a complete stranger out of pure kindness of heart. The money order tho to was actually completely blank in name and not endorsed. We talked to the bank manager. She suspected fraud on his part not mine. They pulled the... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 13, 2021

Yes. You may be criminally charged as a bank and wire fraud accomplice. Here is how.

1. "I tried to deposit a money order for a complete stranger out of pure kindness of heart. "

In legal terms, you may be charged as a accomplice with the main principal and then claim that...
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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: my 1 son is a xanax addict and has just recently damaged my tv while being on drugs. Can i press charges, hes 17.

He has been a serious addict for over 1 year now. I'm not getting much help and the cops seem to keep giving him a pass on his behavior. He has even caused me to have a nervous breakdown over the summer and ended up in the hospital. He does not want rehab either. He gets sent to the hospital... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 13, 2021

You need to immediately get medical and legal assistance for your son. Consult directly with the professionals of your choice.

1 Answer | Asked in Criminal Law for Illinois on
Q: I didn't catch no new charges but got a probation violation but I'm on parole too violation was dropped

Violation was dropped but they put me in mental health court instead of reentry court but have a vop hearing for parole will I go back to prison I didn't catch new charge

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 12, 2021

You have to be concerned with how that violation of parole hearing is conducted because you’re technically risking actual prison term if you found to be in violation on the original charge.

1 Answer | Asked in Criminal Law for Illinois on
Q: Will I go back to prison I didn't catch new charge

I'm doing everything I'm post to be doing doing all my classes passing all drug tests but I have a vop hearing in Indiana

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 12, 2021

It’s very critical to have an attorney representing you at the hearing in Indiana because if you are violated your parole for an Illinois criminal charge you may be revoked and you may be sentenced to actual present time.

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: I'm on probation in Lima Ohio and supervision thru Indiana but I violated Lima probation my ex girl came around me

My ex girl friend came around me but wasn't post to be around and now Indiana wanna have warrent for me for a hearing to see what they wanna do I did not catch no new charges

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 10, 2021

It appears that your freedom is on the line for your stated alleged violation o probation, which, as you may know by know, may result in your imprisonment for the duration of your term.

I assume you want to stay outside and that requires an immediate effort on your part to contact a...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I have a parole hearing in Indiana to see if they want me back in prison but I have not got no new charges

I only violated probation in Lima Ohio my ex girl friend came around me when she was not post to

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 10, 2021

Please provide more facts and relevant information to assess your legal situation with more legal acuity.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it likely to get prison time for 3 possession of controlled substances? Also have traffic cases
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 8, 2021

It’s completely possible to be sentenced to a prison term after developing a pattern of criminal habitual offenses, especially involving drugs.

No doubt this case requires a diligent License Criminal Defense Attorney to protect one’s penal interests who must review evidence and develop...
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