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, Family Law and Domestic Violence for Illinois on
Q: Do we need a lawyer?

Me and my wife have never had a criminal offence. We have a squeaky clean record. We both received a misdemeanor domestic in Missouri. Do we need a lawyer if we both want this to disappear and not go on our record?

Jeffrey Li
PREMIUM
Jeffrey Li
answered on Aug 2, 2023

It would be best to seek an attorney out in Missouri, preferably an attorney within the City or County were the charges were filed.

1 Answer | Asked in Criminal Law for Illinois on
Q: Do you absolutely have to testify as a witness if you get subpoenaed?

I read that if you do get subpoenaed that it is against law to not go and testify. But is there anyway even if I go that I HAVE to answer there questions. And if I’m able could I write a letter to states attorney and judge about how I feel the defendant would benefit better from serving jail time... View More

Jennifer Snyder
PREMIUM
Jennifer Snyder
answered on Aug 1, 2023

If you were personally served with a subpoena you must appear. Personal service means someone handed you(or someone in your household) the subpoena and you signed for it. Sending a subpoena through the mail is not personal service.

If you were personally served you must appear in court....
View More

1 Answer | Asked in Criminal Law and Car Accidents for Illinois on
Q: is grandaughter liable for half of accident.

her insurance does not want to pay 22,000.00,because her boyfriend was not on insurance.the insurance for damaged car wants work out deal for 11,000.00 an keep her out of court and they sue ex boyfriend for the other 11,000.00.they want 3,500.00 down an 250.00 a month until payed. does that sound... View More

Charles Candiano
Charles Candiano
answered on Jul 18, 2023

If your granddaughter had insurance on her car, any licensed driver who she permitted to drive her car is automatically covered under her policy unless that person was expressly excluded from coverage. Therefore, what you are saying does not make any sense unless your granddaughter was foolish... View More

2 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, What happens if I said I was never arrested during an interview with uscis for adjustment of status?

If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 1, 2023

If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.

It seems like the adjudicator was giving you a chance. Your...
View More

View More Answers

1 Answer | Asked in Criminal Law for Illinois on
Q: Can I decline a drug test for court supervision if it was not a requirement from the court?

Illinois, court supervision, I was not court ordered to submit to random drug testing but I have recently received a letter demanding I come to take one or It would violate my court supervision. Had they asked nicely, I would have said sure. But due to the letter I am slightly offended. Can I... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2023

if the court did not specifically order you to undergo drug testing as a condition of your court supervision and it is not listed in the terms outlined in your paperwork, you may have grounds to decline the drug test.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Illinois on
Q: My ex and teenage daughter took my cat (she says it's hers). How do I start the process of getting my cat back?

It happened when I was out of town, so they sneaked over. Totally out of character for my daughter, but I'm not surprised my ex was involved and driving the getaway vehicle!

Jeffrey Li
PREMIUM
Jeffrey Li
answered on Jul 8, 2023

As pets are considered property in IL, you should start with filing a police report. Then to regain the property, you will have to file the matter in court against your ex and your daughter.

1 Answer | Asked in Criminal Law for Illinois on
Q: I was wondering what dose arrangement bill of indictment mean
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

An "Arraignment Bill of Indictment" typically refers to the formal charging document that is presented to the defendant during the arraignment hearing. It outlines the specific charges brought against the defendant based on the indictment issued by the grand jury. The defendant is then... View More

1 Answer | Asked in Criminal Law, Banking, Libel & Slander and White Collar Crime for Illinois on
Q: How can I vacate a plea representing myself?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2023

The motion to vacate the plea would need to demonstrate a valid legal basis, such as new evidence, ineffective assistance of counsel, or a violation of your constitutional rights.

2 Answers | Asked in Car Accidents and Criminal Law for Illinois on
Q: Can I sue my father for taking my car while I was out of town?

He was supposed to drive it back from the airport while I was away and leave it parked on May13th. But on May 16th he got into a wreck, he was the at fault driver. He’s refusing to pay more than $500 so I’m want to know if I can still file it as stolen at the time of the accident in Evanston... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. A criminal defense attorney could better explain the reasons why it would be a bad idea to report the car stolen. As far as the civil aspects of the matter, one of the first things an accident attorney would... View More

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: I work for school district for over 14 years one day boss comes up to me and says hey everything down the basement is ju

Junk. And working for the school district we use own vehicles all the time. I go downstairs there's some old drums sitting down there been sitting down there for a long long time they're junk. I take them take them to our shop let him sit three or four days then I end up selling them.... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Very sorry to hear that your School District boss has treated you this way. This is really a Criminal Law question, and you need to be represented by a Criminal Law attorney or consult with one. You posted yesterday about a problem that is going to Court apparently today, that really isn't... View More

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Federal Crimes for Illinois on
Q: Someone forged my signature in order to collect a TOD account that I was beneficiary to. Bank did not obtain proper I.D.
Michael Goldberg
PREMIUM
Michael Goldberg
answered on May 25, 2023

You may have a claim against the bank for failing to properly ID the person withdrawing the assets. I recommend speaking with a lawyer to discuss your options.

2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: can you press criminal charges against a hit and run driver in Chicago if you know their address but not name?

They live on my block and I caught them after the accident. She admitted she had been drinking but will not provide her name or insurance information.

Charles Candiano
Charles Candiano
answered on May 7, 2023

ONLY the state's attorney or one of her deputies can bring criminal charges against anyone. If you are not the state's attorney or a deputy state's attorney, you cannot bring criminal charges against anyone.

You can and should make a police report, identifying the driver...
View More

View More Answers

1 Answer | Asked in Criminal Law for Illinois on
Q: If being charged with armed violence is there a possibility you can be let out without having to make bail ?

The defendant has a baby on the way and can’t afford to pay the cash bail, is there any hope

Jennifer Snyder
PREMIUM
Jennifer Snyder
answered on Apr 26, 2023

Because Armed Violence is an offense that carries a mandatory minimum sentence of 15 years in the Department of Corrections, the chances are high that a cash bail may be ordered. However, the court looks at many factors when setting bail, including the Defendant's prior criminal history,... View More

1 Answer | Asked in Car Accidents and Criminal Law for Illinois on
Q: I was in an accident And i panicked for whatever reason and I drove off. What do I do now

I was in an accident And i panicked for whatever reason and I drove off. I checked online and there was a report made with no injuries but there was damage over 1500 dollars. I have insurance and I have a license I don't know why I panicked. But now I don't know what to do should I turn... View More

Charles Candiano
Charles Candiano
answered on Mar 8, 2023

Doing Nothing is NOT an option! Consult a local traffic/criminal defense attorney with further details to assess your options. Do NOT provide any further details online as you are admitting to a crime. If you had a valid license and insurance, there could be no immediate consequence beyond your... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Illinois on
Q: is it true that one can be convicted of a crime if 3 people or informants claim the same story against you.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

No, the mere fact that three people or informants claim the same story against you does not guarantee a criminal conviction. In order to be convicted of a crime, the prosecution must prove all the elements of the offense beyond a reasonable doubt. This means that the prosecution must present... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Illinois on
Q: A magistrate denied me counsel after going through 5 public defenders which 3 withdrew because they had represented the

Other party for a charge of violation of a no contact order which in IA is automatic 7 days jail..cannot be suspended. He can't deny me counsel.so new one gave me lawyer that had to withdraw from other party to represent me HELP

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

If a magistrate has denied you counsel, you may want to consider seeking legal assistance from other sources. For example, you can try contacting legal aid organizations or private attorneys who may be willing to represent you. You can also request a court-appointed attorney or file a motion with... View More

1 Answer | Asked in Civil Litigation, Constitutional Law, Criminal Law and Gov & Administrative Law for Illinois on
Q: I need a a Law Firm that has the resources to help me with a civil suit against states, counties, departments, individu

I won't give much in details on this on this website as I don't trust the law. I don't trust anyone right now because of what I have been through. wrongful imprisonment, defamation, slander, time lost with children, social issues now, maliciously prosecuted. almost 2 years jailed,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Look for firms that have experience with cases similar to yours and have successfully represented clients against government entities, law enforcement agencies, and individuals. You may also want to reach out to local bar associations or legal aid organizations for referrals or resources. It's... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Illinois on
Q: im out on bond from another state. they recently revoked my bond. I have proof i am being maliciously prosecuted. advice

The state prosecutor, my attorney through his law firm as well as the superior court judge in Georgia are scheming to place me back in jail by revoking my bond. I am in Illinois. I have filed complaints with the bar assoc of georgia and Judges committee. I am terrified to go back to georgia because... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

I'm sorry to hear about your situation. It's important that you have legal representation to fight against the revocation of your bond and the allegations against you. You may want to consider finding a new attorney to represent you in Georgia, someone who you trust and who has experience... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I'm on TASC probation and I'm wondering if while I'm on it does the charge I got it for show up on an employment backrou
James G. Dimeas
PREMIUM
James G. Dimeas
answered on Feb 21, 2023

The case should appear on a background search since everything that happens in Court is a matter of public record until, and unless you expunge the case. You have to wait at least 5 years after your TASC Probation is successfully completed before you are eligible to file a Petition to Expunge.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

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.