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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if you get get charged with trespassing on a bench trail in Illinois

He was served a ticket and court date. On his first court date he pled innocent so the judge is doing a bench trial in January now!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 16, 2022

Without gathering more case information is is impossible for anyone to suggest the next court event. The facts are the case is a state Misdemeanor Class A, and it is still pending with the next court date in January of 2023.

I recommend for the defendant discussing the case with a...
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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can not having a foid card prevent getting this charge vacated?

I was charged with 2 counts of the auuw statute that was found unconstitutional in people vs aguilar. I filed a petition for relief from judgement, but was denied because the second charge was for not possessing a foid card. Was this ruling accurate?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 31, 2022

At the time of the alleged criminal offense absence of the FOID card becomes a strict liability issue ( either you have it or not at the time), however, these issues have a potential to mitigate with an experienced counsel.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Internet Law for Illinois on
Q: I was charged with domestic battery but it was dropped to just a battery at the end. Why we’re my guns rights taken away

I wasn’t convicted of the domestic battery just convicted of battery

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2022

Because that type of crime affects one’s eligibility to handle firearms in Illinois. Consider retaining a good defense counsel to dispose of the battery case correctly.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Illinois on
Q: I am the boyfriend of a parent and her son is being questioned, fingerprinted,etc. Why can I not go back with them?

Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2022

As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alan E. Jones
PREMIUM
Alan E. Jones
answered on Aug 31, 2022

At an arraignment, several things will happen in court. The judge advises the defendant of the charges - including exactly what is alleged, what the maximum possible penalty is within the law and then the judge will enter the defendant's initial plea of not guilty. Then the judge will order... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

1 Answer | Asked in Criminal Law for Illinois on
Q: Indirect criminal contempt charge

If a ex spouse files a indirect criminal contempt charge and state refuses to pick it up so the ex spouses attorney picks it up and prosecutes it . Why would attorney file 179 days vs the standard 180 day jail time. I am looking for Illinois statue that breaks down what qualifies , how punishment... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Criminal charges in Illinois are filed by the authorized prosecuted entities, the States Attorney Office or federal prosecutors, not by private parties.

A private attorney cannot "prosecute a charge", the attorney may only file certain legal actions under possible legal grounds...
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Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you deliver tobacco to a prisoner at job sight on work release in Missouri
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

I do not practice law in Missouri, however, even generally, anything from the list of controlled substances delivered to a prisoner will be considered prohibited contraband subject to criminal penalties.

1 Answer | Asked in Criminal Law and Intellectual Property for Illinois on
Q: What would the penalty be if someone trespassed on private property, took photos of me in my swimsuit without my consent

photos and videos of me behind a privacy fence, on privacy property, without my knowledge or consent and distributed them to anyone

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Assemble your evidence and present it to the local prosecutor for possible criminal charges.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the same 3 statues on the subject be considered vague
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Anything is possible, especially if one is challenging the statutes on the subject of vagueness, however, each relevant statute must be examined by an experienced professional for the matter.

1 Answer | Asked in Criminal Law for Illinois on
Q: If a court loses record of a court order u are requesting a hearing for to have it dropped…what happens?

When requesting a hearing to ask the court to dismiss a pretrial monitoring due to the fact u have no record and pose no risk to society…If u request a hearing to ask the judge to drop or dismiss the order and the order cannot be found the day of the hearing by the court is the hearing just... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Impossible to handle that criminal case by way of a remote legal note without any ability to learn the case documents, discuss options with the court and the assigned prosecutor.

That case requires a counsel of record.

1 Answer | Asked in Criminal Law for Illinois on
Q: If i pour a coffee on a neighbor’s windshield and the cops come, neighbors decline to press charges..can press later?

Neighbors declined to press charges then…can they change their mind after months? The problem is now they seemed to have retaliated by actually damaging my wife’s car with scratches

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

In theory that person may file a police report seeking criminal charges be approved at a later time, yet, I do not remember a single case of such minor matter being charged later on.

As far as criminal property damage to your spouse's vehicle, you may file a police report and provide...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Can police charge someone just for their fingerprints being found on a small of drugs if that's all they have?
Clyde Guilamo
Clyde Guilamo
answered on Jul 19, 2022

Yes. Charging someone with an offense is different from being found guilty beyond a reasonable doubt. What's important here is that fingerprints show that a some point, a person has touched an object. Fingerprints cannot tell you when a person touched an object. Generally, a good defense... View More

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