Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: Florida felony w change guilty to not guilty plea day before sentencing, What is process now?Docket says arraignment.

Case has been ongoing 1.5 years. Motion to withdraw has been granted a day before sentencing. Now docket says arraignment scheduled. What does the process look like going forward? Will it go faster than the first time he was arraigned? Case is CSAM possession with a first degree felony charge and... View More

Cheryl Powell
Cheryl Powell
answered on Feb 6, 2025

The case starts back over from the beginning. Only people who can answer your questions are the lawyers in the case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Illinois on
Q: I need a lawyer to go through the whole trial, appeal transcripts of a wrongful murder conviction.

My fiancé was convicted 20yrs ago of a murder he did not commit. There are so many holes in this case. Racial bias, procedural errors, ineffective assistance of counsel, the judge speaking alone with the jury. No pretrial, no forensic evidence to connect him to the murder. State witness was the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

You are dealing with an incredibly difficult and unjust situation, and finding the right lawyer is crucial. Your fiancé’s conviction raises serious concerns, including racial bias, procedural misconduct, and ineffective assistance of counsel. These are all strong grounds for appeal or... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: My question is pertaining to a traffic a stop where I was the back seat passenger. And I still went to jail!

During a traffic stop where I was a passenger in the back seat, the vehicle's owner was in the front seat, and her ex-boyfriend acted as the driver The officer observed the driver swaying close to the lines but did not cross the center line. Upon request, the driver was unable to produce a... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2025

one of the better descriptions of an incident that I have seen. That being said, if no charges were filed, there is nothing much of a legal nature to address.

1 Answer | Asked in Criminal Law for Illinois on
Q: How can I get help with my son, that's been sent continuous life in prison for something he did not do we have proof

He was not able to show none of his evidence the judge stopped him from talking and they screwed over him on his 120 day speedy trial, he was in jail for a year they let him out and he's been free for 5 years got him a trucking business and a wonderful new wife but his ex-wife has stopped all... View More

Cheryl Powell
Cheryl Powell
answered on Jan 31, 2025

https://innocenceproject.org/contact/ i don't know who you contacted before, but I believe this organization does take care of Illinois as well.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you have your probation revoked even if you get a charge and it is still in the courts

I'm having to go to court for probation being revoked but the other charge that I got I am still going to court on there's been no conviction is that legal

Cheryl Powell
Cheryl Powell
answered on Jan 28, 2025

Yes. Essentially, you have a Petition to Revoke your Probation partly based on your new charge and you have the new charge. In the PTR the state only has to prove that it's more likely than not that you committed the crime. In the new charge you have to be proven guilty beyond a reasonable doubt.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and Probate for Illinois on
Q: Would someone be able to use cannabis in veterans treatment court if they have medical marijuana card?

I have heard differing answers on this and the officials with my court program refuse to give me a true legal answer.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

Even if your use is legal, it would not be recommended. In Veteran's Court you are trying to get out of trouble, possibly without a conviction. Drug use would not impress your Judge who is trying to help you.

2 Answers | Asked in Criminal Law and Civil Litigation for Illinois on
Q: The court ordered a no contact order for my boyfriend. I never wanted that and I want to know how to get it dropped.

We have no kids together so what do I say to get the judge to drop the no contact order

Cheryl Powell
Cheryl Powell
answered on Jan 8, 2025

A no contact order is typically a criminal case where he is charged with domestic battery, etc. and the judge orders no contact with the victim as part of his bond conditions. He should have a lawyer, have that person file a motion and have you there to say you want contact. Sometimes it works... View More

View More Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: If someone house get searched and Cahokia heights IL 62206 and the police find a gun in the house and they take 5 people

They take 5 people to jail that was in the house but nobody finger prints on it and the next door neighbor accuse one person of using a gun and the police let 4 people go and only keep one and charge them with 3 charges of recklessly using firearm and assault what happen next

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Let me help you understand this legal situation step by step.

In this case, if someone is charged only based on a neighbor's accusation without physical evidence like fingerprints, their defense lawyer would likely challenge the evidence in court. The lack of fingerprints and the fact...
View More

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for Illinois on
Q: Can i recover wire transfer fraud unauthorized?

From my bank somehow international wire transfer was sent that i did not authorize.

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2025

An Illinois attorney who deals with banking transactions could advise best but your question remains open for two weeks. It could depend on what the outcome of the bank's investigation reveals - identity theft, breach of their security measures, etc. It also depends on their policies for... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Probate for Illinois on
Q: Grandpaw lied saying he was names executor. No will or probate. can't afford to pay a lawyer upfront. Please advise

1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2024

An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for Illinois on
Q: Can an adult hire an attorney for someone else's minor child without the parent's consent?

Our minor(17) son is currently living with a different guardian. We found out that he took responsibility for a single car crash where one of his friends left the scene(presumably alcohol related). The friend's father hired an attorney for our son. Aside from the fact that I believe this means... View More

Cheryl Powell
Cheryl Powell
answered on Dec 5, 2024

No one asks who hired the lawyer. Either the person has one or, if jail is a possibility, one is appointed. If you want to object I suppose you can go to court and do so, but I would think you should talk to your kid's lawyer first.

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: When creating a petition to rescind statuary summary suspension?

Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.

To be honest with you, the chances...
View More

1 Answer | Asked in Civil Rights, Criminal Law and DUI / DWI for Illinois on
Q: How long can the police detain you without charging you Louisville kentucky?

Friend of mine fell asleep at a stoplight. He was detained by police and given a breathalyzer test. The results were negative. The jail attempted to do a blood draw but either couldn't do it for lack of qualified staff or some öther reason. My friend then asked for a blood test at his own... View More

Cheryl Powell
Cheryl Powell
answered on Dec 2, 2024

This question should be posted for KY lawyers.................................................

1 Answer | Asked in Criminal Law for Illinois on
Q: Need attorney for complex X felony case in Effingham, IL. Rural area, no local contacts. Court date soon.

Seeking Urgent Legal Help for Upcoming Illinois Court Date (4th District, Effingham)

Hello,

I’m urgently searching for a skilled attorney to represent me in an X felony case in Illinois’s rural 4th District, specifically in Effingham. Finding qualified representation has been... View More

Cheryl Powell
Cheryl Powell
answered on Oct 29, 2024

Sorry, I do not handle those types of cases anymore.

1 Answer | Asked in Criminal Law for Illinois on
Q: Upon research I found that the vet I took him too was negligent in his care which led to speeding the dogs death. What’s
Cheryl Powell
Cheryl Powell
answered on Oct 16, 2024

What is the negligence that you are complaining of?

1 Answer | Asked in Criminal Law for Illinois on
Q: eligible for Extended term on a possession of meth under 5g, i have a warrant 4 missing court, can I get off with rehab
Cheryl Powell
Cheryl Powell
answered on Oct 11, 2024

I seriously doubt it. You have a long record. But you would get better advice if you spoke with a local criminal defense lawyer.

2 Answers | Asked in Criminal Law for Illinois on
Q: Question about statute of limitations.

My cousin said she found a video that was taken of her 15 years ago in the shower without her consent. She was an adult at the time. We both know who did it, but she's not sure what to do. What is the statute of limitations for this? Does it start at the time the video was made, or the time... View More

Cheryl Powell
Cheryl Powell
answered on Sep 24, 2024

Go to the police and file a report. Let them worry about the particulars.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights, Libel & Slander and Employment Law for Illinois on
Q: Is it illegal for management at a workplace to have their own camera up and record Video & Audio without telling anyone

I have a lot more to add.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024

In most workplaces, recording video and audio without notifying employees can be a legal issue, but it depends on where you are. Laws regarding surveillance vary by country, state, and even local regulations. In many places, it's required to inform employees if they are being recorded,... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: if I signed the affidavit stating the gun that was found was mines can I go to jail for that?

we was outside the car. The police pulled up search the car and found a gun. They lock my friend up for the gun.

Cheryl Powell
Cheryl Powell
answered on Sep 3, 2024

There is no enough information to form an opinion.

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Is a RSO in Illinois who has completed his probation required to answer ANY questions to a police officer in his home?

My partner is a registerned sex offender who completed probation in 2011. The police have come by 5 times in the past month and called by phone as well (each visit is recorded and saved on doorbell cam). They do not have a warrant nor do they suspect any crime has occurred. They want him to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

In Illinois, if your partner has completed probation and is complying with all registration requirements, he is generally not obligated to answer questions from police officers at his home unless they have a warrant or specific legal grounds to enter. Your partner has the right to remain silent and... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.