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Illinois Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Got speeding ticket for 34 over. Officer marked no court appearance needed but got court day on mail. What can I do

Can the ticket get dismissed since that was a mistake from the cop?

John S. Fotopoulos
John S. Fotopoulos answered on May 5, 2021

This is a misdemeanor charge. You will need to retain an attorney to assist you in this matter.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can 2 people be charged with the felony possession then one have all charges dropped against them but the other person n

It wasn't even my drugs it was hers but since she got cancer they dropped all charges on her but I'm still be charged? Can they do that or should it be dropped all together?

Dan Nold
Dan Nold answered on May 2, 2021

Well, they can do it because they already did it, and they can drop charges for any reason or no reason at all. They certainly can do it. Should they? I mean, should drug possession even be a crime? There are a lot of should questions we can ask about this situation. But can they? If they... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: is it in an inalienable right in the state of Missouri to consume alcohol
Dan Nold
Dan Nold answered on Apr 29, 2021

Inalienable rights I would generally say are life, liberty, and the pursuit of happiness. I suppose you could consider the consumption of alcohol a pursuit of happiness. Generally, lawyers, at least lawyers that I know, do not speak about the consumption of alcohol being an inalienable right. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I was arrested with a meth pipe only. Is that possession of methamphetamines or possession of Paraphernalia?
Dan Nold
Dan Nold answered on Apr 29, 2021

If the government sends the pipe out for testing, and they are able to scrape any meth out of it, they could charge you with possession of methamphetamine. It's possible for this type of a charge to be filed several months after the police took the pipe as they wait for the lab results. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What's the worst charge for trespassing at Walmart with theft under $300

Actually a couple years ago my sister was charged wasn't charged that Collinsville Walmart for stealing the plastic bead box they let her go and told her don't return so last week she went to Glen carbon Walmart and she was bagging her stuff herself and three items wasn't running up... Read more »

Dan Nold
Dan Nold answered on Apr 29, 2021

It depends on if she's ever been convicted of Retail Theft before. And it depends on if they charged the trespassing as an ordinance violation or a misdemeanor. She should try and hire an attorney to help her minimize and maybe even get the charges dismissed with a deferred prosecution.... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Would you recommend going to trial? Fighting aggravated battery to a peace officer

On July 4 2019 I was charged with an Aggravated to a police officer in the most surveillanced part of Chicago (Navy pier). First, I ordered a copy of my FOIA police report, and it stated the detective showed up to get the videos. The person who was in charge of handling the videos said he was able... Read more »

Alan Jones
Alan Jones answered on Apr 23, 2021

I recommend reviewing this issue with your attorney to determine the best answer. If you don't have a good local Chicago-area criminal defense attorney, then you should get one for this case. Good luck.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you ask a judge to avoid jail and probation and seek counseling only

May have to go to court over a matter. I'm not sure I'll get a free one and can't afford one

Juan Ooink
Juan Ooink answered on Mar 22, 2021

Not able to answer your question without additional information. If you can not afford an attorney, you need to appear in court and request the Public Defender.

1 Answer | Asked in Criminal Law for Illinois on
Q: What are the laws about repeat drug possession charges in relation to addiction cases?

My cousin was picked up with several types of large quantities of drugs. He hasn't been sober hardly at all since his release from incarceration. Isn't treating the undying addiction issue eliminate the possibility of criminal activity.

Juan Ooink
Juan Ooink answered on Mar 16, 2021

No. It will be a consideration during sentencing, but criminal activity is criminal activity. Your cousin needs the assistance of a Criminal Defense Attorney right away.

1 Answer | Asked in Criminal Law for Illinois on
Q: I think I have reasonable grounds for a dismissal. I just need a more expert opinion/review.

I'm self represented on a misdemeanor

Juan Ooink
Juan Ooink answered on Mar 9, 2021

You do not ask a question. You should never represent yourself. You should really hire an attorney to assist you right away.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: I was approached by narcotics officers saying they had me set up last year. They haven’t showed me any proof

Also if they do it was entrapment because I don’t do that but it was a guy who kept asking me to get him some like more than 4/5 times and I finally did it trying to be nice. I didn’t have them I got them from elsewhere for him. That’s the only time I’ve ever did it in last 3 years of... Read more »

Juan Ooink
Juan Ooink answered on Mar 9, 2021

You need to hire a Criminal Defense Attorney to assist you with this matter right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law and Civil Litigation for Illinois on
Q: My mother bought me a car as a gift and now she's trying to take it back.

I have the registration and all paperwork she was suppose to insure it but didn't. I called about insuring it today when I got a call from the local police asking me to drop the vehicle off. She bought the car and has the title and it's in her name but she has never had possession of it or the keys.

Juan Ooink
Juan Ooink answered on Mar 8, 2021

Not sure what your question is here. If the police are involved, you might want to consider giving the car back to her right away.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: My boyfriend is bipolar and wasn't taking his meds. He ended up assaulting me. Can I work with his lawyer to hel

So my boyfriend is bipolar and can become manic. He ended up assaulting me pretty bad. My family took me to the hospital were I found out I had a broken nose, two black eyes, a chiped tooth and bruises from head to toe. They pressured me to make report which I did but I thought I could drop the... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

Victims of domestic violence have rights pursuant to Marsy's Law. Those include the right to hire an attorney and be informed of everything going on in the case and the ability to make a statement to the judge. You should consult with an attorney who represents victims of domestic violence... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: If I overdosed and my girlfriend calls 911 aren't we both protected under Good Samaritan act or the immunity act??

I was in a hotel with my girlfriend and a buddy stopped by and has heroin, I take methadone from a clinic, I take to much and overdose, my friend runs and leaves while my gf calls 911... well my "friend" leaves his heroin behind as he flee's cause he says he has warrants... The... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

There are certainly defenses like what you are referring to. The facts of the case must fit a very specific fact pattern. You should consult with an attorney to further evaluate this defense and help you defend this charge.

1 Answer | Asked in Criminal Law for Illinois on
Q: Would reporting my concern to internal affairs about my relatives being harassed by visits help my situation

I've retained an attorney. But my relatives have been questioned by sheriffs department and feel harassed . Plus neighbors at my complex feel they are being investigated or are in trouble. I've been told its a missing teen that contacted me

Juan Ooink
Juan Ooink answered on Feb 25, 2021

You need to discuss your concerns with your attorney.

1 Answer | Asked in Criminal Law and Legal Malpractice for Illinois on
Q: What if a prosecutor is found committing misconduct and is fired. Should his court cases during that time be dismissed?
Juan Ooink
Juan Ooink answered on Feb 25, 2021

It all depends on the case and the misconduct. This is something you should be discussing with your attorney. Only your attorney will have the needed information in order to address your concerns. If you have not hire an attorney yet, you should do so right away.

1 Answer | Asked in Criminal Law, Federal Crimes and Internet Law for Illinois on
Q: How are police able to track you on the internet if you committed a crime?

If you committed a cyber crime can police track you in any way other then an ip address? Like via your internet browser even if the cyber crime took place on a different website other then your internet search site or a MAC address? If they are able to track you only through an ip address and you... Read more »

Juan Ooink
Juan Ooink answered on Feb 22, 2021

First, you need to stop posting information regarding a potential crime. Second, if you have been charged with an offense, you need to hire a Criminal Defense Attorney right away. Finally, DO NOT speak to the police without an attorney by your side.

1 Answer | Asked in Criminal Law for Illinois on
Q: Need legal advice

If you committed a cyber crime worth over $1M dollars what would be the possible legal consequences. The crime that was committed was that over $1M dollars worth of merchandise was purchased for the retail store where i work. None of it was going to be taken it would be all to sell. When they got... Read more »

Juan Ooink
Juan Ooink answered on Feb 22, 2021

Your fact pattern is not very clear. Generally, it is typically better to say nothing and wait to see what happens. If anyone asks you questions regarding your actions, you need to hire a Criminal Defense Attorney before you do anything. Absolutely, DO NOT speak with the police without an attorney... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What does it mean when my court dates all got moved up for me to be seen all in the same day

There all 3 are for different cases

Juan Ooink
Juan Ooink answered on Feb 19, 2021

It is hard to say without more information. This is really something you should be discussing with your attorney. If you have not hired an attorney yet, you should do so right away.

1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: I was arrested on a forgery warrant. The cops told me i could take my cell phone with me so I could use it to contact

Family about bail. At jail, they refused to let me use it an then stated that were seizing it for evidence. They did not have a search warrant for phone and did not provide me a receipt of the seizure. Is that legal?

Juan Ooink
Juan Ooink answered on Feb 16, 2021

It all depends on the case. This is something you need to discuss with your attorney. If you have not hired an attorney yet, you need to do so right away.

1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: Can text messages used before an arrest happened, be used in the courtroom? How cN they prove that the defendant sent?
Juan Ooink
Juan Ooink answered on Feb 16, 2021

It all depends on the messages and the case. This is something you should be discussing with your attorney. If you have not hired an attorney yet, you should do so right away.

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