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Illinois Criminal Law Questions & Answers
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?
I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More 
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Theodore J. Harvatin
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answered on Jul 8, 2025
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answered on Jul 8, 2025
You say you received six months of probation. I think you mean you were suspended for six months?
If so, the suspension does not end just with the passage of time. You also have to pay the $250 reinstatement fee to the secretary of state to fully terminate the suspension.
You... View More
Q: How to proceed legally after driving with a suspended license and DUI accusations without being pulled over?
I was pulled over for a DUI in January and my license was suspended, resulting in 6 months probation. Recently, I picked up my kids from their dad, who informed them I had a suspended license. The police later called and asked if I was driving, and I confirmed. I need to turn myself in at the... View More
Charles Candiano
answered on Jul 9, 2025
answered on Jul 9, 2025
The most insidious lies are the ones that you tell yourself. on your facts, you confirmed to law enforcement: 1.) that you violated probation (by driving); 2.) that you violated state law by driving without insurance (you did not have a valid license so irrespective of whether you paid for... View More
Q: Near-miss with cyclist while turning, reported to police, awaiting further action.
I made a right turn, and a cyclist was closer than I thought, resulting in a near-miss incident. There was a witness, and the incident was reported to the police. I haven't exchanged information with the cyclist, nor have I been contacted by any insurance companies yet. While no citations have... View More
Charles Candiano
answered on Jun 24, 2025
answered on Jun 24, 2025
You posted this twice but you don't provide any details. You described the incident as a "near miss," yet you talk about a witness and a possible pending citation. For what? Did the cyclist hit your car? Did the cyclist wreck his bicycle to avoid colliding with you? Was the... View More
Q: How can I protect my boyfriend from charges related to texts discovered by my parents?
I am 17 years old, and my boyfriend is 22. My parents discovered flirty and sexual text messages between us that date back to three months before I turned 17. There are no existing restraining orders and no previous involvement with law enforcement. My parents have been threatening for 4 months to... View More
Ahmet Kaymaz
answered on Jun 14, 2025
answered on Jun 14, 2025
This is a very delicate and stressful situation, and it’s clear you're trying to handle it responsibly while protecting someone you care about. The main legal risk your boyfriend faces is whether the messages—especially those sent before you turned 17—could be interpreted as evidence of... View More
Q: Concern about legal exposure from tipping at a massage parlor using Zelle.
Several months ago, I went to a well-reviewed massage parlor in a reputable area and paid a tip using Zelle for a massage. I later discovered the place might be sketchy and am concerned about legal exposure if the parlor gets involved in illegal activities. Although I haven't been contacted by... View More
Cheryl Powell
answered on Apr 27, 2025
answered on Apr 27, 2025
I would not expect this tip to be an issue unless it was out of line with other tippers. If you gave someone an unusually large tip and the place was investigated, I would expect that you could be questioned about what services were provided to you for that tip. At this juncture, it's too... View More
Q: What can I do about my son's abusive father
He's forced me down on him my wrist was sprained hes left dark purple bruises on my son from spanking him very hard and smacked his face to where he was so scared of his father and keeps telling me he doesnt want to go he tells me he is scared of his father at age 3 a child is scared of his... View More
Cheryl Powell
answered on Apr 4, 2025
answered on Apr 4, 2025
Call SWAN. It is a shelter for women and children in Olney. Open 24 hours. 618-392-3556. They can provide shelter, food and clothing, help with an Order of Protection, counseling for women and children. They will help you find a job, get transportation, do a resume, work with the police, take... View More
Q: Will I go to jail for first offense traffic misdemeanor with an accident in Illinois?
I am concerned about whether I will go to jail for a first offense traffic misdemeanor involving an accident where I was uninsured and there was property damage. Are there specific penalties I should be aware of in my situation?
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Theodore J. Harvatin
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answered on Apr 3, 2025
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answered on Apr 3, 2025
I doubt there would be jail.
Purchase insurance and bring proof to court. That will avoid a license suspension. However, you will have to carry SR 22 for three years
You may run into problems down the road if the other driver had insurance who pays for the damages. The insurance... View More
Q: Could I face legal trouble if a felon hasn't changed their address but doesn’t live with me and I legally own a gun?
I legally own a gun and live alone without allowing anyone, including a felon who hasn't changed their address, into my home. The gun is securely stored in a closet. Could I face any legal trouble due to the felon's unchanged address?
Cheryl Powell
answered on Mar 19, 2025
answered on Mar 19, 2025
No. The address is his responsibility, not yours. He would only have to report his address if he is on pre trial release, probation, parole or a sex offender. But if he listed your address, you may choose to let them know he does not live there anymore as his address is subject to being searched... View More
Q: Can I remove a 2008 firearm possession conviction to obtain a FOID card in Illinois?
I was convicted of unlawful possession of a firearm in Illinois in 2008 and sentenced to two years probation, which I completed without any incidents. I have not had any legal issues since then. However, I've been unable to obtain a FOID card because the conviction is a felony. Can I have this... View More
Cheryl Powell
answered on Mar 4, 2025
answered on Mar 4, 2025
I am not aware of any law that gives you the right to do so currently. Apparently, you were a felon on another conviction before that one. In the State of Illinois, one cannot possess a FOID card as a felon. There is a challenge to the FOID Law, however, in White County, Illinois. So check back... View More
Q: Can a indiana warrant be executed in Illinois
I have a possible warrant in Indiana but I live in illinois
Charles Candiano
answered on Feb 11, 2025
answered on Feb 11, 2025
An arrest Warrant can be executed in ANY state. Take care of the warrant immediately. Contact an experienced criminal defense attorney who regularly practices in the jurisdiction where the warrant was issued. If it is something very minor, the attorney may be able to take care of it for you.... View More
Q: Can you have your probation revoked even if you get a charge and it is still in the courts
I'm having to go to court for probation being revoked but the other charge that I got I am still going to court on there's been no conviction is that legal
Cheryl Powell
answered on Jan 28, 2025
answered on Jan 28, 2025
Yes. Essentially, you have a Petition to Revoke your Probation partly based on your new charge and you have the new charge. In the PTR the state only has to prove that it's more likely than not that you committed the crime. In the new charge you have to be proven guilty beyond a reasonable doubt.
Q: If I was on bond with the pre-trial conditions the same as an order of protection and the order of protection was
Dropped does that mean that the pre-trial conditions are also dropped
Cheryl Powell
answered on Sep 3, 2024
answered on Sep 3, 2024
No. The order of protection is a separate case usually with an op case number. The criminal case is a cm or cf case and one of the bond conditions is no contact with victim.
They are two separate things. Dropping of one does not equal dropping of th r other.
Q: 63 in a 35 have to appear in court
for a first offense what would likely be the punishment
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Brandon K. Davis
answered on Jun 23, 2024
answered on Jun 23, 2024
Speeding 26-34 over is a Class B misdemeanor under Illinois law. This is a criminal offense, which is why you have a mandatory court appearance. An attorney can certainly assist and help ensure you receive the best possible result.
Q: Can I be convicted of theft if cameras found me in the vicinity but didn't capture it happening?
Hello, there have been a string of petty thefts at my workplace. Some items that have been stolen are apple ear pods, $800, and credit cards. I believe there is footage of me going in and out of the rooms around the time of the thefts. There is no footage of the actual thefts because cameras are... View More
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Voss Skoullos
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answered on Jun 4, 2024
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answered on Jun 4, 2024
Simply being inside the room is weak circumstansial evidence, especially if visiting the room was part of your daily job duties. If this is the only single piece of evidence, the case against you would be very weak. On the other hand, if there are other bits of circumstantial evidence, they may be... View More
Q: Do I have to be read my miranda rights if I was questioned raided and arrested in illinois?
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Michael I. Leonard
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answered on May 4, 2024
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answered on May 4, 2024
Merely being questioned does not trigger the obligation of law enforcement to read you your Miranda rights. However, based upon what you have generally described, at some point during those various events, your Miranda rights should have been provided to you. I would of course need to know much... View More
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?
Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More
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Michael I. Leonard
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answered on May 2, 2024
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answered on May 2, 2024
Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.
Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you
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Michael I. Leonard
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answered on May 2, 2024
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answered on May 2, 2024
There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?
My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More
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James L. Arrasmith
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answered on Apr 20, 2024
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answered on Apr 20, 2024
In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More
Q: Why cannot get things back after my case was dismissed in court?
I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?
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James L. Arrasmith
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answered on Apr 11, 2024
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answered on Apr 11, 2024
I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:
1. Property being held as... View More
Q: Lawyer experienced in murder-suicide case, representing alleged suspect's family?
The individual implicated in this murder-suicide case was a US Army veteran. The police chief stated that, had he been alive, he would have been charged with first-degree murder. Due to the police recommendation, the VA denied him burial in a national cemetery. However, I am of the opinion that the... View More
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James L. Arrasmith
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answered on Apr 11, 2024
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answered on Apr 11, 2024
I can provide some general information, but please note that assessing the feasibility of a lawsuit would require a detailed analysis of the specific facts and evidence in the case by an experienced attorney. Here are a few key considerations:
The standard of proof in a criminal case is... View More
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