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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Illinois what is the minimum charge for gun possession with 2 prior felonies from another state if had no trouble since

Two prior felony convictions from another state new charge is unlawful possession of a loaded firearm

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 25, 2021

The charge falls under 720 ILCS 5/24-1.1 and requires a criminal charge of a state felony class 3.

Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years.

2 Answers | Asked in Criminal Law, International Law and Traffic Tickets for Illinois on
Q: Can you travel internationally (Canada) if you complete court supervision for a Class A misdemeanor for speeding?

Can you travel internationally to places such as Canada or UAE if you completed court supervision for a Class A misdemeanor for speeding 35 MPH plus in the state of Illinois? My understanding is that upon completion of supervision it leads to a non conviction? Is this true and if not convicted are... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 25, 2021

You may travel internationally, but I personally have seen U.S. citizens turned away from entering Canada for a variety of traffic and Criminal offenses regardless of the years past after that conviction, when they traveled by car.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can I sue someone for uploading a youtube video without my consent which I am constantly getting harassed ?

It is a prank video that I did not give permission to be in

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

It depends where the video was taken: if it was made in public there is hardly any legal recourse, but if it was made in a private place then you may review possible civil suit for damages with a civil practitioner.

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: Can someone be charged and held in prison under an alias name?

My father was a teenager when he was charged of committing murder in the 90’s. He is under a different name. When you search him , they have his birthday and a alias name.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 15, 2021

Yes, criminal charges are possible when the law-enforcement does not know the actual, legal, or true name of the suspect, so, the charges may be filed under any name available or given to the authorities. As in the case with your family member you could see that could happen.

1 Answer | Asked in Criminal Law for Illinois on
Q: Executing a search warrant for particular persons and places can officers pull you over away from house and take u there

B

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 14, 2021

I think it’s entirely possible for police officers executing a search warrant of a certain place or abode do a well-being check or a Terry stop of people found near or on premises just to secure the scene and make sure that there are no dangerous weapons or contraband on such people if there is a... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I allegedly spit on somebody is that a violent offense

Arkansas not Illinois

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 12, 2021

I am not licensed in the state of Arkansas, yet, even generally any intentional offensive physical contact is considered battery. Here is how, for instance, you throw a stone and hit a person in the body intentionally: that is a better, as you caused that object to contact another in a harmful,... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Illinois on
Q: Should I get another lawyer? Are there any pro bono lawyers that can help me with my case? What advice can you give me?

I'm dealing with a situation where I have a baby on the way. We live in two different states. The mother lives in Chicago and I live Maine. I met her online and at some point I met up with her in Chicago. I discovered she was a heroin addict. We ended up separating and I went back to Maine... View More

William Wolf
William Wolf
answered on Oct 30, 2021

My understanding of the purpose of this service is this:

It is to ask questions so the questioner can decide 1. If a lawyer is needed for the situation the questioner presents, and 2. to help find the lawyer that questioner is most comfortable with to hire.

My understanding of the...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it possible to find another public defender when there is only one offered in that county?

My spouse has an Effingham Co IL public defender that has only spoken with him twice and doesn’t answer questions or give any advice. My spouse has put in numerous requests for different things and He only says, ‘I would love to win your case.’ He has a Pre trial approaching in a couple of... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 26, 2021

Assigned Public Defenders handle many cases, not just one case where they have luxury of reaching out to the client at any time. Also, The rule of thumb is that if one wants a counsel who will invest time, effort and resources in any criminal case then a private counsel must be retained as... View More

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... View More

Dan Nold
Dan Nold
answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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3 Answers | Asked in Criminal Law for Illinois on
Q: Is the good Samaritan law involving not being charged in a situation that a person calls 911 to seek medical help

My friend lives in indiana called 911for her husband because he was over dosing and when the police came they arrested her and charged her with possession of drugs and paraphernalia ECT... But also never drug tested her

William Wolf
William Wolf
answered on Oct 25, 2021

Your friend needs a good criminal defense attorney immediately.

You state that your friend lives in Indiana but you don't state where the incident takes place.

Please make sure that, whereever the case is, that that lawyer is an experienced criminal defense lawyer licensed in...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Traffic stop bicycle, cop said i was pulled over for a light not mounted on bicycle. NRS : light must be visable .

Was searched taken to jail for possession.

Can the case be thrown out for the reason i was stopped? Had a ligjt the cop saw it and lied that it must be mounted. No where in NRS code does it say that.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 25, 2021

A person operating a bicycle during twilight or at night has a duty to have the bicycle comply to the rules of the road requirements, safety and equipment presence.

Thus, a bicyclist may be legally stopped for any absence of safety equipment, including reflecting signs or lights....
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2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How can I fight not going to jail. After the fbi/police charge me with robbing an atm in illinois and they have pictures
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 23, 2021

First things first, it is not legally possible to "rob" an ATM. Robbing could only involve depraving a human being of any things of value or property. Thus, a possible crime would be criminal trespass, criminal damage to bank's property, aggravated theft with use of tools and theft... View More

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2 Answers | Asked in Criminal Law, Libel & Slander and Sexual Harassment for Illinois on
Q: A girl is claiming I sexually assaulted her. She’s now sending me texts saying if I don’t pay her money she’s…

She’s sending texts saying if I don’t pay her thousands of dollars she’s going to the police. She also has a video recording of me talking to her that she illegally recorded while the phone was in her pocket.

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 18, 2021

Do not engage in any communication with that blackmailing person in any form. Immediately discuss your possible exposure to criminal charges confidentially with a licensed criminal law attorney tomorrow.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is there any criminal attorneys that work for pro bono?

My son Ryan has been locked up at Rock Island county since January 1st and he's had three court appointed attorneys due to conflicts I guess he is charged with possession of a firearm by a felon

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 16, 2021

I do not know a single private criminal defense counsel who would handle such state felony UUW by a felon pro bono, spending time, efforts and resources without making a reasonable living.

Thus, if defendant is indigent he may request the presiding judge to appoint a Public Defender to...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Conv w/ 2nd ° Felony assault 2015 5 yrs prob. being charged w/ ClassABattery how likely am I 2 get probation again
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 15, 2021

You present a great question.

Many variables will affect your present eligibility for probation, yet, as you know already, your prior criminal history will greatly affect your chances to stay fee and does create a significant aggravating factor.

It is highly recommended you...
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2 Answers | Asked in Criminal Law for Illinois on
Q: How can I get discovery and statements made against me from my co defendant in 2010
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 10, 2021

That requires an immediate legal attention of a qualified criminal law counsel.

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: how do you appeal a murder case that was denied a state appeal
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 8, 2021

That answer requires a full knowledge of the original criminal case, its procedural history, evidence, motions, rulings, and case notes on possible manifest mistakes and other legitimate grounds for an appeal to be timely and appropriately filed by such attorney.

That legal issues requires...
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1 Answer | Asked in Constitutional Law and Criminal Law for Illinois on
Q: Was this search constitutional or violate my rights?

I

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 7, 2021

You present criminal case issues that point out a definite legal need for legal counsel as you are facing a criminal case with potential jail time. Immediately stop discussing it online and see the counsel.

3 Answers | Asked in Criminal Law for Illinois on
Q: Can the feds pick up a gun possession charge two months after my arrest.

I was arrested 6/22/2021 for possession of hand gun by serious violent felon, dealing in meth. 10 g.

The gun was my wife's she has carry permit and it was locked in a safe. Can the feds make a Federal case from the gun charge?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 7, 2021

Never make any statements, admissions, clarifications anywhere in public including open online forums related to any alleged criminal activity. Immediately discuss your case with a licensed criminal defense attorney directly.

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