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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: if a search warrant is obtained for a weapon and drugs r found in a closed drawer can the party be. charged w drugs

the warrant is obtained to search a 3rd parties residence to obtain the weapon someone else is accused of committing. in the state of illinois

William Wolf
William Wolf answered on May 7, 2022

There isn't enough information here to answer the question for certain. One would have to review the police reports and the warrant application, as well as any camera footage because in every case where someone wants to challenge a search, each search is fact specific where the presence or... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Personal Injury for Illinois on
Q: I live in central llinois, are there any laws regarding desecration/disrespect to a deceased ones ashes by other person

I was involved in a domestic violence dispute. My child's father had broke open the container of my(at the time) recently deceased dad's ashes, who had been dead less than 2 weeks, only having his ashes not even 48 hours.

Charles Candiano
Charles Candiano answered on Mar 22, 2022

Your rights are stated in 755 ILCS 65/1, et seq. Please read to gain a better understanding of your rights.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a Psychopath and serial killer argue and win for a plea of insanity based on Illinois law?

I was wondering if a Psychopath and serial killer can successfully argue and win a plea of insanity based on the Illinois definition and practice of the insanity defense. How would they do it if they could? What would be the reasoning? Or is it impossible based on the definition set by Illinois?

William Wolf
William Wolf answered on Mar 15, 2022

Very few things in life are impossible.

That being said, it is extremely difficult for anyone to win an insanity defense, especially in the State of Illinois.

The idea that lots of people raise the insanity defense and "get off" is frankly, a lie.

The insanity...
Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: We’re my rights violated and can I beat this case

I was a passenger, had just gotten off of work. We had been pulled over because the drivers tags didn’t match the vehicle. I had no idea about it. They got my I. D. And ran both our names. Both clear. Then they came back to the vehicle and told us they were gonna do a search of the vehicle. As I... Read more »

Richard W. Noel
Richard W. Noel answered on Mar 12, 2022

I can't speak to your jurisdiction specifically, but fictitious plates on a car arguably give an officer probable cause to search the vehicle. However you need to speak with your attorney who can try to help you with a defense or suppression motion. Good luck to you.

1 Answer | Asked in Criminal Law for Illinois on
Q: Have I pled guilty to a crime after successful completion of court supervision?

I'm applying for a respiratory care practitioner license and a question on the application is "have you ever been convicted of or pled guilty to a crime?" 2.5 years ago I was given Court supervision for retail theft, and I successfully completed supervision after 2 years. I'm... Read more »

Dan Nold
Dan Nold answered on Mar 10, 2022

If you have not expunged the matter, then the answer might be yes. You said you were given court supervision. If that were a result of a plea deal and you plead guilty, then yes. If the case went to trial and you were found guilty, I would say technically, the answer would be no.

So,...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Accused of non consensual relationship but no charges are filed or will be. Do I need to speak with the police?

They also said that I can voluntarily choose to speak with them or not. They also said no charges were filed or will be filed.

Alan E. Jones
Alan E. Jones answered on Mar 8, 2022

It's your right to remain silent. From a criminal defense perspective, that's almost always the best idea. When in doubt, don't say anything.

1 Answer | Asked in Criminal Law for Illinois on
Q: If the statute is facially unconstitutional by Supreme Court ruling , why would a person be indicted by the grand jury?
Clyde Guilamo
Clyde Guilamo answered on Mar 2, 2022

A grand jury may not know of the Supreme Court's ruling. The grand jury is informed that a person has been charged with a specific crime. A witness then enters the room and essentially explains to the grand jury why that person was charged. The jury them decides if there is probable cause to... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: In Illinois can a passager be charged with a driver's firearm if the driver is admitting that it is their firearm
Richard W. Noel
Richard W. Noel answered on Mar 2, 2022

What you're describing is a common argument for possession of guns when a person is a prohibited possessor. And the answer is generally YES. A person can still be charged. There is such a thing as constructive possession. Whether the State is successful depends on the specifics of that case.... Read more »

1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Illinois on
Q: Police come to a hotel room in which there are guest, stating one of the guest has a warrant in another county, but no

Warrant was found, and no outside indication that the guest was even there. Room is searched, guest gets charged with everything in it despite the occupant being on probation and having an ankle monitor which was also a present violation as the person the occupant wasn't to be around was in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Feb 22, 2022

So you hope to dispose of that criminal case by way of a random online paragraph without any case review?

Will never happen.

Discuss your criminal exposure and a viable plan of action with a licensed and reputable criminal law attorney of your choice.

1 Answer | Asked in Criminal Law for Illinois on
Q: Who should I contact that is responsible for the officers in their jail and can actually get something done immediately?

My son is in a local jail, last Thursday February 10th he was beaten by five officers for a substantial amount of time he was beating about the face and head numerous times. He was denied Medical Care until the 5th day and then they allowed him to get X-rays, however, they will not release his... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Feb 16, 2022

You should have retained an experienced criminal defense attorney first day he was criminally charged. If you are indigent he should have requested a Public Defender counsel at no charge first time he was in front of the presiding judge.

1 Answer | Asked in Criminal Law for Illinois on
Q: what type of lawyer would i need for my 23 year old son being alledgedly accused by a 15 year old girl
Richard W. Noel
Richard W. Noel answered on Feb 11, 2022

A criminal defense attorney. Get one now before he's brought in for questioning.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: I have false charges against me that were put on me strictly to shush me as a witness in my girlfriend's burglar. Help?

My girlfriend was advised by her jailhouse lawyer brother to somehow get or stage a domestic charge against me so that I couldn't be called as a witness in her now closed burglary case or come forward and she did a good job and I'm afraid the courts won't face the embarrassment of... Read more »

Alan E. Jones
Alan E. Jones answered on Feb 7, 2022

Definitely hire a criminal defense attorney in the county/town where your case is pending. Good luck!!

1 Answer | Asked in Criminal Law and Wrongful Death for Illinois on
Q: My boyfriend's teenage son died about a yr ago in his sleep from what the coroner called a toxic combination of drugs...

My boyfriend was the only other person home. Can he be charged in the death of his own son? If so, would it be the state that presses charges? And what would the formal charges be? Could he possibly be convicted? I mean, it was his own son. I can't even imagine what he's going through.

Audriana T. Anderson
Audriana T. Anderson answered on Feb 2, 2022

This is an extremely unfortunate situation for this family. There are potentially a couple of criminal charges the father could face -- if the father provided the drugs to his son, the father could be charged with drug induced homicide. If the father was aware that his son was consuming drugs or... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I would like to know if you could tell me how I find out if I have a felony
Audriana T. Anderson
Audriana T. Anderson answered on Feb 2, 2022

The simplest thing for you to do is to hire a private agency to conduct a criminal background check for you -- that really takes all the work out of your hands; however, that can be pricey. Another option would be to look online or go in person to the Circuit Clerk's Office of the counties... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a police detective question his own son if his son has info regarding a case he is investigating?
Audriana T. Anderson
Audriana T. Anderson answered on Feb 2, 2022

There would possibly exist a conflict of interest, so a police officer or other law enforcement officer should not be the one to question his or her own child regarding an investigation. Rather, that officer should have a different officer do the questioning. That protects the integrity of the... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a police detective question his own son as related to a criminal case in Illinois?

The detective questioned his son in regard to a case he may or may not had information regarding.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Feb 2, 2022

The rule of initial engagement with any law enforcement officer or detective during any investigation stage must be the same: one should never discuss anything that may potentially incriminate or implicate that person with anyone without a licensed criminal defense attorney present. Never.... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: I am on H1 work permit and have recently been fined with Civil penalty (retail theft). shall I make payment or wait judg

I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.

Question:

1. Shall I make payment or wait for the judgement?

2. What is the consequence on immigration because of this?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 24, 2022

I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: If I'm on my own property,sensory training my dog with a horn, am I in violation of Hunter Interference act Illinois?

Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.

3 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: False arrest

My fiance was arrested on November 25th for Domestic Battery and unlawful restraint and he is not guilty

Alan E. Jones
Alan E. Jones answered on Jan 5, 2022

I recommend finding a good local defense attorney from the county where the case is being prosecuted to handle his case. Best of luck. Al Jones

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