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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Collections and Communications Law for Illinois on
Q: Someone threw a big metal lock at my car and kicked my car and only had to pay a $200 fine and court cost no restitution

The avocet at the court house is new and she said she didn’t have my information only information filed was my old phone number and old last name. She sent me letters but no letter asking me to call her.The avocet wasn’t working there at the time i turned in my information and car estimate so... View More

Jane Kim
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answered on Oct 24, 2021

Your question is coming up under Illinois although it appears you live in MO. In any event, this will be true in either state, you can file a civil lawsuit to recover your damages, provided the statute of limitations has not run yet. Depending on the amount of damages, you may do so in small claims... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Illinois on
Q: How can I motion to exclude evidence from discovery of a video that skips and lapse in time?

Can a plaintiff use a video that skips and lapse in time for evidence in their case or can I motion to exclude it from being seen?

If so, under what grounds can I motion?

Video goes up to minute 2 then skips to 2:30 to 3:15 then skips to 4:05, lot of the video seem altered.

Dan Nold
Dan Nold
answered on Oct 1, 2021

You could do a motion in limine asking to bar the video due to lack of foundation. If it’s edited in some way, it has been altered and wouldn’t meet foundational requirements to be admissible evidence.

Probably a good issue to have a lawyer handle. Each county is different and has...
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1 Answer | Asked in Criminal Law, Internet Law and Juvenile Law for Illinois on
Q: My 13 year old gave another kid his I p and Google it upon which was sent by the other kid to a user in another state to

Which that person launched a DOS attack on the school disabling wifi. Now my child is being charged with a level 5 felony. Can this be true if he did not launch the attack?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 30, 2021

There is no such thing as "level five felony in Illinois", as Illinois has the following felony Classes: 1, 2, 3, 4, and X.

You must immediately discuss your minor's child criminal exposure off any public venue or fora with a competent licensed attorney as that situation has...
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2 Answers | Asked in Criminal Law for Illinois on
Q: If someone sells me a link card and I use it and it's someone else's wat can I be charged with
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2021

You could be charged with a number of both state and federal crimes as follows:

1. Since each Link card is associated with a certain person and requires a password for its use, both of you (the seller and buyer) may be charged with conspiracy to defraud state agency, bank fraud, wire fraud,...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Illinois on
Q: Can I file a personal suit after being the victim of a felony assault?

I was the victim of a felony assault in 2019. The case just came to an end today with the state successfully getting a guilty please. I will receive restitution for damages received (I have lasting damage to my vision in my left eye, restitution only covers vision therapy receipts up to last year,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2021

You most definitely may initiate a civil action for additional lasting damages against the convicted person based on your description. I believe you have requisites merits to initiate such suit for damages, however, the difficulty will lie in the following: even if you file and obtain a judgment... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Miscellaneous remedy forfeiture

Wht does that mean

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 26, 2021

Hard to say as the forfeiture could take many forms in connection with a pending criminal case,

Essentially, it means that the person loses property due to a legal violation of the collateral for said property.

1 Answer | Asked in Criminal Law for Illinois on
Q: Hi I have a felony criminal case and have an attorney. However my attorney is not calling me back

I had final pretrial sept 14th before jury trial because I am innocent and he never attended now there is a body only warrant and court on the 28th for bond forfeit and the states attorney is moving to have jury trial removed from docit and I cant get ahold of attorney what do I do I have paid him... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2021

It is unfortunate that you are in this predicament. You may research, compare, and contact reach a selected counsel of your choice and retain a more responsive and professional counsel. In fact, you may file the prior counsel and request a retainer back for unearned services.

After all,...
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1 Answer | Asked in Criminal Law for Illinois on
Q: In Illinois, By law can a judge that signed a search warrant preside over the same case in trial?

Specifically asking about this law in question as it reads :

(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)

Sec. 108-4. Issuance of search warrant.

(a) All warrants upon written complaint shall state the time and date of issuance and be the warrants of the judge issuing the... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

It appears that would be perfectly lawful based on the statutes and the sworn affidavit sating the legal need for such.

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: Can a plaintiff contact potential witnesses before their attorney does?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 18, 2021

That maybe improper depending on Plaintiff’s intent and purpose which may create witness tampering situation.

1 Answer | Asked in Libel & Slander and Criminal Law for Illinois on
Q: How long will they investigate, watch me

Continue to be watched and followed by two detectives. Was over a teen several months ago that emailed me.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 17, 2021

The law enforcement never comments or advises anyone about pending criminal investigations, however, the most vital thing for you to do is to immediately discuss your possible criminal exposure with licensed criminal defense attorney as anything you do, state or admit to without counsel will be... View More

2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.

A...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I have a PTR probation but what does local FC mean I see it on the website were I pay my fines
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

The best method to clarify acronyms and the web site terms for the purposes of understanding their actual meaning would be directly contacting the court clerk and seek further explanation of that language. However, a clerk may not issue a legal advice, thus, for that purpose it would make sense to... View More

1 Answer | Asked in Contracts and Criminal Law for Illinois on
Q: I have a complicated legal problem that starts with being charged with party to a crime for someone else's act

The people that committed the crime gained access to my car that was impounded when they wouldn't tell me where it was and they stole items from me out of my car in the police department I don't know how about going to file a lawsuit against the county the lawyer I paid every penny from... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

Avoid the very first, and sadly, the most typical legal mistake many people make in the beginning of the legal process: do not make any legal decisions, actions, filings, appearances, concessions, admissions, clarifications without first discussing your exact criminal exposure to possible criminal... View More

2 Answers | Asked in Criminal Law for Illinois on
Q: Is it legal for me to date someone 16 when I'm 21 if we are both age of consent?

Nothing sexual about it

Dan Nold
Dan Nold
answered on Sep 3, 2021

If there’s nothing sexual about it, then it’s not dating.

Also, the age of consent in Illinois is 17.

So, definitely a felony.

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1 Answer | Asked in Criminal Law for Illinois on
Q: If an exemployer has video of retail theft your charged with why doesn't S.A or cops have it?

Going to court since Feb. 2021. I've been told there is video, but why hasn't xemployer gave that over? Its been atleast 6 months shouldn't that been turned into law enforcement to get An arrest to b made?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

You need to retain a licensed criminal defense counsel who legally is ENTITLED to request any incriminating or case relevant evidence in any format for the purposes of reviewing the allegations.

Also, one of then most critical legal mistakes people make is DISCUSSING ANY ALLEGED CRIMINAL...
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2 Answers | Asked in Criminal Law for Illinois on
Q: In Illinois does a cop have to issue a ticket after arresting someone for possession of meth?
Dan Nold
Dan Nold
answered on Aug 28, 2021

No. They can charge you up to 3 years after the incident for a felony offense.

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1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
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2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

James G. Ahlberg
James G. Ahlberg
answered on Aug 20, 2021

Yes, a judge can do this.

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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: What is code 3423
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 12, 2021

If we are talking about the Federal Code the relevant Code section of the US Code 12 is below:

12 U.S. Code § 3423 - Immunity from suit for disclosure of financial exploitation of senior citizens. the actual section content is available online.

2 Answers | Asked in Criminal Law for Illinois on
Q: Is a 1.5 gram of meth and a .10 of fetynol a felony
Dan Nold
Dan Nold
answered on Aug 17, 2021

Yes. Possession of any amount of either substance is a felony in Illinois.

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