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Illinois Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can the parents of a "victim" of statutory rape press charges against the "offender" after the "victim" turns eighteen?

Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... View More

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... View More

2 Answers | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can I go to jail for a crime i did at 12-13 years old?

Would I get charged as a minor or and adult or not at all for a crime that I did around 12-13 years of age, now that ima 17 years, and they reported me at 18 with no evidence, only oral statements?

Juan Ooink
Juan Ooink
answered on Dec 28, 2020

It all depends on the case. You need to have your parents hire a Criminal Defense Attorney to assist you with this matter right away. Statements are evidence, so to day there is no evidence is not a correct statement.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Illinois on
Q: I have proof of and paper documentation of all of my rights have been broken!

I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

Juan Ooink
Juan Ooink
answered on Nov 12, 2020

It seems that you need to hire a Family Law Attorney right away.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... View More

Cheryl Powell
Cheryl Powell
answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: My son was taken out of his mom’s care in IL. He was adjudicated as dependent. Court ruled his mom unable (not unfit)

I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.

1 Answer | Asked in Traffic Tickets and Juvenile Law for Illinois on
Q: I need to show proof of insurance, but I got pulled over in a small window where it was re-newed is that not the same?

I got pulled over around the 24th and my insurance expired like around a week before. Since it was my dads car I didn't know at the moment. My dad then updated the insurance soon after so there was a brief window that I didn't have proof of insurance. When I went to the court date I... View More

Juan Ooink
Juan Ooink
answered on Sep 9, 2020

You need to go back to court and show them the current insurance card and inform them that you did not have insurance on the date and time you were ticketed. If this is your first No Insurance ticket, you should get Court Supervision and a fine. If you are still confused, you should hire an... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: My 14 year old son got charged with disorderly conduct and appointed a public defender.

The public defender says my son has to make his own appointment and I cannot be present during his appointment. Is that legal?

Juan Ooink
Juan Ooink
answered on Sep 1, 2020

The Public Defender can absolutely speak to your son alone. There is nothing illegal about an attorney speaking with their client in private. If you are not pleased with the Public Defender, you are always welcome to hire a private criminal defense attorney to assist your son with this matter.

1 Answer | Asked in Juvenile Law for Illinois on
Q: can i runaway at 16 in illinois? if not what other ways can i leave my house without consent??

I am not in immediate physical danger but my home is mentally unhealthy and unstable.

Cheryl Powell
Cheryl Powell
answered on Aug 15, 2020

No dice. Unless you have enough on your parents to make a police report and take the risk of going into foster care, you are stuck with your parents. Sometimes parents will agree to let a child stay with an aunt or grandparents, etc. If you run away, anyone who hides you is committing a felony.

2 Answers | Asked in Traffic Tickets and Juvenile Law for Illinois on
Q: My mom is possibly unable to be in the room during my court date, but if she is in the same building is that okay?

My mom apparently coincidentally has a court date the same as mine. She has hers first. Hers is more serious than mine where mine is just a ticket so she needs to be there. If I came to the room by myself, but show proof she was there before or after so my mom can attend hers would that still apply... View More

Theodore J. Harvatin
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Theodore J. Harvatin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2020

Just explain the problem. You won't be the only one in court that day. They can set yours to the end of the list or figure out something.

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2 Answers | Asked in Traffic Tickets and Juvenile Law for Illinois on
Q: I have a court date 9/02 where I am unable to bring a parent can I go by myself.

I am currently 17 right now and turn 18 around 20 days after the court date. This is for a ticket where I drove past curfew and I got a similar ticket in the past for driving on a permit. That one was dismissed, but a parent was also there with me. I live in Illinois.

Brandon K. Davis
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Brandon K. Davis
answered on Aug 9, 2020

Because you were under the age of 18 at the time of the ticket, you are required to have a parent or legal guardian present. If you are unable, provide an explanation to the Judge, who will likely give you a continuance.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell
answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Illinois on
Q: I’m 16 years old and was caught driving 120 in a 50 ive had no prior encounters. What could happen to me?

It wasn’t a act of reckless driving at all the road was flat and straight and I went and one I caught up with traffic I stopped and immediately went with the flow of traffic

Brandon K. Davis
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Brandon K. Davis
answered on Jul 28, 2020

Aggravated speeding 35+ over the limit is a class a misdemeanor. Technically, it is punishable by up to a year in jail and fines of up to $2500. There are a variety of possibilities depending on the specific circumstances as well as the courthouse where your case is pending. Penalties such as... View More

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1 Answer | Asked in Juvenile Law for Illinois on
Q: Should parent of minor communicate with the State's Attorney, before court, about a ticket her child received?

The officer received a phone report of a white truck driving fast on a rural road. The officer pulled the minor over as he was leaving a bank drive thru (driving 10 mph). The minor was scared because he had a small amount of state dispensary marijuana in his truck. He immediately handed it to the... View More

Cheryl Powell
Cheryl Powell
answered on Jun 25, 2020

Ansolutely not. Discuss the case with some criminal defense lawyers and hire one.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Can i transfer a dcfs case out of state

I have court july 9th 2020

Cheryl Powell
Cheryl Powell
answered on May 22, 2020

It is possible for a judge to do that.

1 Answer | Asked in Juvenile Law for Illinois on
Q: I’m 16 and I turn 17 in July if I runaway will I be in any legal trouble

I’m also interested in emancipation I just need to get out this house and away from these people running away and emancipation is my only choice

Cheryl Powell
Cheryl Powell
answered on May 9, 2020

The law is that emancipation happens at age 18. Very few people f ind that emancipation works.

1 Answer | Asked in Juvenile Law and Small Claims for Illinois on
Q: Me and my mom cosigned a car together, if I take the car and don't pay my half of the car, can she do anything

I am 17 years old and I don't want to see my mother when I leave my home to go to college. I begged my mum to let me buy a 3000 dollar car, instead, she bought a 20k car and now I pay 150 a month and she does too. I work part-time and make less than 400 a month. When college begins I... View More

Cheryl Powell
Cheryl Powell
answered on May 7, 2020

Typically, a car cannot be owned by a 17 year old, so her name must be on the title. Is yours on there too? If you stop paying, then she may stop paying, and the car will likely be repossessed.

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... View More

Cheryl Powell
Cheryl Powell
answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Government Contracts and Juvenile Law for Illinois on
Q: I got pulled over after getting caught stealing from a gas station and that day was my last day of court supervision

I was just wondering is that going to go against it because by then I will have my court date in a few weeks away I would also like to add I’m a minor and was under the influence and they breathalyzer but they just let me go and said they send the tickets in the mail I’ve dealt with cops a lot... View More

Juan Ooink
Juan Ooink
answered on Mar 23, 2020

Your Court Supervision should be fine, but you really need to have your parents hire a criminal defense attorney for you in order to assist you with these new charges. The sooner an attorney is hired, the better.

1 Answer | Asked in Juvenile Law for Illinois on
Q: can my son be petitioned to juvenile court for not signing something saying he’s guilty of something he’s not?

my 12 yr old was asked to sign a station adjustment for an alleged battery and I told them no, so they want to petition Him to juvenile court. Does this mean he will be arrested? Do I need to bring him in when he didn’t commit the crime or will they issue a warrant?

William Wolf
William Wolf
answered on Mar 14, 2020

Yes. It means he will be charged with an offense and go to juvenile court to answer to it.

He can have an adjudication hearing, which is a bench trial where the State has to prove to the judge that he is delinquent (guilty) beyond a reasonable doubt.

If he is found not delinquent,...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg
answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
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