Lawyers, Answer Questions  & Get Points Log In
Illinois Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: is it possible to get a firearms owners identification card with adhd?

im just wondering

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

Having ADHD alone does not necessarily disqualify you from obtaining a firearms owner's identification card (FOID) in the United States. However, eligibility for a FOID card can vary from state to state, and there are federal regulations to consider as well.

The key factors that may...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Civil Rights for Illinois on
Q: Is a Judgment written by lawyers and paid to advocate a disabled client does no Erisa SP Discovery .Waives rights fraud?

No ERISA SPD Discovery . All lawyers and Judge Aware but disabled paying client . Then waive clients ERISA right fraud?

Cheryl Powell
Cheryl Powell
answered on Nov 4, 2023

Please elaborate. Is this in a divorce case? Client receiving Ssd or ssi? What are you alleging as fraud?

1 Answer | Asked in Criminal Law for Illinois on
Q: What Can I Do If My Public Defender Trying To Go To Trial And I Feel We Are Not Ready?
Cheryl Powell
Cheryl Powell
answered on Nov 3, 2023

Tell the judge and explain why.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will my boyfriend go to jail?

So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2023

Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I have a charge in Illinois, can my past charges/convictions none the same in Kentucky be used for extended terms?
Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes, they can. Convictions, but not charges. Extended terms are mostly for violent offenders. If those offenses make you a violent offender, then extended term applies.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Criminal Law for Illinois on
Q: Vehicle theft to Misconduct

Im a victim of a car theft but also a victim of the police malpractice and torture for 2months. I have evidence such as videos audios and false reports, false police certifications. Authorities including Officer from IL ICC, Police Department, Criminal Division unit in Chicago as well as Illegal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

I'm truly sorry to hear about the difficulties you've faced in this situation. It's important to address these issues properly, considering both the car theft and any potential misconduct by law enforcement or other authorities.

Contact an Attorney: Given the complexity and...
View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

1 Answer | Asked in Criminal Law for Illinois on
Q: How can I go after someone for committing identity fraud (defrauding thousands) to my father (who's in prison)?
Cheryl Powell
Cheryl Powell
answered on Sep 21, 2023

Identity fraud is a crime. Report it to the police.

1 Answer | Asked in Criminal Law for Illinois on
Q: I Got a Class 4 felony and i’m scared for the outcome. (IL)

I was recently charged with Criminal property damage (1800$) and I found out it was a felony charge. I looked it up and i could get 1-3 years. Will a judge in Chicago/Illinois really sentence me to a year for it or could i pay it off and go on probation? This is my first felony offense.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

While a Class 4 felony does have the potential for a prison sentence of 1 to 3 years, several factors can influence the actual outcome. First-time offenders, for example, often face more lenient outcomes than those with a prior criminal record. It's also possible that the court may consider an... View More

2 Answers | Asked in Child Support and Criminal Law for Illinois on
Q: How long will I sit in jail if I can’t post bail for child support
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

In Illinois, if you're unable to post bail related to a child support matter, the length of time you might remain in jail can vary. Typically, non-payment of child support could lead to a finding of contempt of court. If the court determines you have the means to pay but are choosing not to,... View More

View More Answers

1 Answer | Asked in Criminal Law and Municipal Law for Illinois on
Q: My wife and I have a neighbor who violates the noise ordinance. He starts his performance sports car at 2 to 6 am

We had video called the police they said they didnt want to get involved he did it again my wife stopped him and called 911 we showed video and they charged my wife with disorderly conduct. He is doing this time and again he has a tunable exhaust and does this on purpose we tried talking with him... View More

Cheryl Powell
Cheryl Powell
answered on Sep 19, 2023

You might try a no contact or no stalking order if it is interrupting your sleep. Give lots of details, dates it happened, witnesses, etc.

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Illinois on
Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.

An accidental taking of property--for...
View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: If someone starts out representing theirself in a criminal case, can they ask for a public defender later on?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

Yes, in Illinois, if someone initially represents themselves in a criminal case (often referred to as "pro se" representation) but later realizes they cannot effectively do so or meets the financial eligibility criteria, they can request a public defender. Public defenders are appointed... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.