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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: On facebook marketplace I traded my truck for a motorcycle and it came back stolen what do i do now
Cheryl Powell
Cheryl Powell
answered on Feb 21, 2024

REPORT IT TO THE POLICE.You were the victim of a fraudulent conveyance of a motorcycle. If the same people have your truck still, you should be able to get it back.

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Given code to gate and email permission and text to take scrap manager says no. Warrant issued now theft/burglary?
T. Augustus Claus
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answered on Jan 30, 2024

In Illinois, if you were given a code to a gate and received email and text permission to take scrap, but a manager later denied this permission and a warrant was issued for theft or burglary, the situation becomes legally complex. The key issue revolves around the legitimacy and understanding of... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: Can a sheriff or local police arrest you without a warrant? I'm being harassed by authority's at my home .

I just left my probation? She said I don't have any warrant but I'm being harassed by authority's??at home &I'm afraid to answer the door what should I do.

James L. Arrasmith
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answered on Jan 29, 2024

In the United States, a sheriff or local police can arrest someone without a warrant under certain circumstances. This typically includes situations where an officer has probable cause to believe that a person has committed a crime, or in cases of a crime committed in the officer's presence.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, I'm truly sorry & embarrassed of sharing it, but when I was 19, I met someone off dating site & we went on a date

the person lied to me about their age & me being less than smart, it did not come to my mind to ask a person for proof of age & instead based of the person physical traits, I believed the false age which this person claimed on the profile of dating site & the person was actually under... View More

James L. Arrasmith
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answered on Jan 26, 2024

I cannot make any definitive legal assessments regarding your situation or chances for citizenship. However, I can provide some general information.

A misdemeanor offense, especially one from many years ago when you were young, does not automatically preclude you from potentially obtaining...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I arrested for possession of controlled substance which I have a rx for. I don't want to hire an attorney. What can I do

I have a letter from my doctor stating that I am prescribed the medication (Xanax). I've had 2 court dates where they asked about representation. I was going to try and hire an attorney. However, I can't afford it and why should I when I shouldn't have been charged in the first... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2024

Usually, the prosecutor will talk to you. Make an appt to talk to that person. See if you can get them to voluntarily dismiss it. It is not normally the judge who we try to reach deals with. But if they won't dismiss And you cannot afford a lawyer, ask for a pd.

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can I be denied a public defender if someone posted bail money for me?

I was arrested in March of 2023 and had a bond amount of $25,000 10% $2,500 which my boyfriend's mother had posted for me expecting to get atleast some of this back once the case was finished. But once I had gone to court after my release the judge denied my request for a public defender even... View More

James L. Arrasmith
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answered on Jan 14, 2024

In the United States, the right to a public defender is generally determined based on your financial situation, not on whether someone else posted bail for you. The fact that someone else paid your bail doesn't automatically disqualify you from receiving a public defender. However, courts... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: I’m 18 and live in Southern Illinois. I own a FOID card and want to know about the legality of me owning a pistol?
James L. Arrasmith
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answered on Jan 13, 2024

In Southern Illinois, as an 18-year-old with a FOID (Firearm Owner's Identification) card, you are legally allowed to own a pistol or handgun. Illinois law allows individuals aged 18 or older to possess and purchase handguns if they hold a valid FOID card.

However, you must still...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Illinois on
Q: I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs
James L. Arrasmith
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answered on Jan 5, 2024

For your friend who has been in prison for 29 years on what you believe to be false charges, seeking legal assistance is crucial. Start by looking for an attorney experienced in criminal defense, particularly one who has handled wrongful conviction cases. These attorneys are skilled in reviewing... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Illinois on
Q: Looking for an experienced chicago attorney to investigate a dcfs case.

The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More

James L. Arrasmith
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answered on Jan 1, 2024

In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.

After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.

James L. Arrasmith
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answered on Dec 27, 2023

In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if the State doesn’t honor their plea deal

I took a plea deal for probation for criminal cases and traffic cases combined to come off my record and they never put my Traffic in the deal.. so I signed and it benefited my license none and that was the whole point

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

If you think an error was made, and you had a lawyer, you should talk to that person. If no lawyer, then talk to the prosecutor you made the deal with and see if they will make it right. Do so asap. If that doesn't work, hire a lawyer.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal for a cop to break into a lockbox without a warrant & are the supposed to appoint public defender on CM?

Courts refused to appoint a public defender

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

PD's have to be appointed if you are incom eligible and looking at jail time. It would seem a warrant would be required but its hard to tell without knowing all the facts.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a charge for indecent exposure get upgraded to a charge for sexual assault?
Charles Candiano
Charles Candiano
answered on Nov 13, 2023

It depends. Criminal charges are extremely fact-sensitive. To be charged with assault, of any kind, there must be an unpermitted "touching." The basis for charging indecent exposure is generally public nudity. If that was the basis for the charges here, the perpetrator cannot be... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: I was asked by a police officer to remove a camper that was not mine that was stolen out of an area so a tow truck drive

Driver could remove it from the area after I was walking off and after I said no the cop said wait till I see her out what can I do about this

James L. Arrasmith
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answered on Nov 17, 2023

If a police officer asked you to remove a stolen camper that wasn't yours, and you were uncomfortable or unable to comply, you were within your rights to refuse. Your refusal should not result in any form of intimidation or threat from the officer.

If you felt threatened or intimidated...
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1 Answer | Asked in Elder Law, Criminal Law and Civil Rights for Illinois on
Q: I’m permanently disabled. I need caregiving 10 hrs a week at 54. I survived DV . I then experienced legal abuse. All I d

Was trust my attorney. She did no ERISA discovery or Private, my ex wife hid assets securing my support. My second lawyer w held my ERISA Alt Payee rights before settlement. He used her 1/3 VFI to write settlement. In podt judgement I discovered she had a -250,000 ADB , 1x Desth Benefit decrease... View More

Cheryl Powell
Cheryl Powell
answered on Nov 5, 2023

Your issue is too complex for this forum. Take your papers to an experienced family law lawyer.

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