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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: I am being railroaded by the entire judicial system in Illinois I am desperately seeking help for I end up in prison!

There is some to this case and I don't have the room to put it all in I do have a narrative of anyone is willing to help me! They trying to lock me in prison for something I was no part. I need someone willing to help me please! I do not deserve this.

Michael I. Leonard
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answered on May 2, 2024

It is difficult to answer your question without knowing a whole lot more information about the case that you are defending against. If you do not have counsel, you should contact competent counsel and explain in detail the facts, circumstances, and procedural posture of your case.

1 Answer | Asked in Criminal Law for Illinois on
Q: Do I have to be read my miranda rights if I was questioned raided and arrested in illinois?
Michael I. Leonard
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answered on May 4, 2024

Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
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answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: If I was at a mental hospital during my hearing date for an order of protection would that help to get it dropped?

Me and my parents are separating ourselves, permanently. They were supporting me, and we're going through process of cutting our financial ties. Once that was mostly finished the family lawyer I was talking to dropped an order of protection on me. I sent them a bunch of angry messages, while... View More

Cheryl Powell
Cheryl Powell
answered on Apr 10, 2024

MAYBE. It depends how long ago this happened, were you served with the papers before or during hospital, will your Dr state that you were in such a mental state from mental illness or meds as to not be responsible for not showing up, etc.

Get all your papers together and go see a good...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?

Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More

Michael I. Leonard
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answered on May 2, 2024

Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?

The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More

James L. Arrasmith
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answered on Apr 11, 2024

I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:

The standard of proof in a criminal case is...
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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.

Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you

Michael I. Leonard
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answered on May 2, 2024

There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can Attorney Waiver Of A Conflict Of Interest Be Vaild If The Attorney Only Disclosed 2 names but it was 4 witnesses?
Michael I. Leonard
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answered on May 2, 2024

Meaning that the attorney previously represented 4 of the witnesses in the case against you? All potential conflicts must be disclosed.

1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Do the police gave to takevl a field test of a suspicious baggie on the scene?
James L. Arrasmith
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answered on Apr 1, 2024

No, the police do not necessarily have to conduct a field test of a suspicious baggie or substance at the scene. Here are a few key points about how police typically handle potential drug evidence:

1. Officer discretion: The investigating officer has discretion on whether to conduct a field...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Need representation for combating a protective order.

So, I'm receiving a inheritance under the condition I no longer speak to other family members. I don't really care about having a relationship with them. They screwed me out of billions of dollars.

After the entire inheritance was setup I was notified by the family lawyers... View More

Cheryl Powell
Cheryl Powell
answered on Mar 28, 2024

There are many terms that mean vastly different things. Have you received any papers? A protective order is different from a restraining order, a preliminary injunction, a no contact order and a no stalking order. The precise language used here matters. What will get you gun rights taken away... View More

1 Answer | Asked in Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the state indict you Or just federal?
Cheryl Powell
Cheryl Powell
answered on Mar 25, 2024

Indictments are handed down by grand juries at both the federal and state level.

1 Answer | Asked in Criminal Law for Illinois on
Q: i was recently arrested (shamefully) for breaking into a couple of empty storage units.

I did cut locks off. There was no theft or damage to property. Police arrested me without letting me know why. They showed me broken locks and photo of me at storage units. I (mistakenly) admitted to it, they released me. With THREE felony charges!! Attempted Burglary, possession of burglary... View More

Cheryl Powell
Cheryl Powell
answered on Mar 22, 2024

Your lawyer will have to tell you the best case scenario based on the discovery from the state. If you cannot afford a lawyer, one will be appointed to you. The best case scenario also varies by jurisdictions.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: My attorney has left numerous voicemails and emails to the state's attorney yet no phone call returned. It's been a mont
Cheryl Powell
Cheryl Powell
answered on Mar 20, 2024

State's attorney's are never great at returning calls. Their caseloads are just too high. Usually it is easier to catch them at court. Does your lawyer not work there regularly?

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: 2 people own a car in Illinois and are stopped by police.They ask to search the car. One owner says yes the other no

Can they search the car..they were stopped for not making a complete stop for a right turn on red

James L. Arrasmith
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answered on Mar 16, 2024

In Illinois, if two people own a car and are stopped by the police, the consent to search the vehicle can be a complex issue. Generally, if one owner consents to the search and the other does not, the law typically allows the police to proceed with the search based on the consent of the one owner.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: “FAIL” sobriety test sobriety SOBER. I have a Knee injury and medical issues. Can I use this as the cause for failing?

I was pulled over for running around a car at a stop sign. Was asked the common questions was I drinking or using drugs etc. I said no i only take sleeping aid medication and aderall in the mornings. I was just visiting my mother it was around 2:30pm in the afternoon.

I only did the... View More

Cheryl Powell
Cheryl Powell
answered on Mar 10, 2024

Yrs, those are reasons why someone might fail a field sobriety test. You need to hire a lawyer who specializes in duis immediately!

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Can a city cop in Illinois pull u over and arrest you outside city limits
Theodore J. Harvatin
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answered on Mar 7, 2024

If he observed you committing the offense in his jurisdiction and followed you to another jurisdiction definitely. If he saw you committing the offense in another jurisdiction, while he was in his jurisdiction, highly likely that he can. Most jurisdictions have cross jurisdiction agreements.

1 Answer | Asked in Criminal Law for Illinois on
Q: I was riding my 4 wheeler with a friend on the back I was not drinking but my passenger was we wrecked can she sue me
Cheryl Powell
Cheryl Powell
answered on Feb 29, 2024

This would not be a criminal case. If she sued you it would likely be based

On civil law, negligence. You may have done something negligent. I don't know and do not practice in this area. Please contact a lawyer who does.

1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
James L. Arrasmith
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

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