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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: I have a felony over 10yrs old. Can my husband possess a gun in our house, in a safe, & I don't have access to?
Juan Ooink
Juan Ooink answered on Sep 14, 2020

I just want to be clear, you are a convicted felon and your husband is not and your husband is legally able to posses firearms. If this is the case, even though your husband can legally own a firearm, that does not prevent that same firearm from being attached to you if the circumstance arises,... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Residential Burglary first offense

My friend was arrested for committing Residential Burglary it’s her first offense and when she had court hearing they released her judge said Ibond. She had another court could she get arrested there? What should she expect? Police officer told her to do a written statement and she admitted to... Read more »

Juan Ooink
Juan Ooink answered on Sep 11, 2020

Your friend needs to hire a criminal defense attorney right away to assist her with this matter. The sooner she hires an attorney, the better.

1 Answer | Asked in Criminal Law for Illinois on
Q: The police took my car about a 2 month ago. My friend had my car and I was unaware of this. How do I get my car back???

I asked why is there a hold on it if I went to court??? The judge still never gave me another court dat I went on the 12 of last month. The police came on my property and took my car didn’t notify me or anything. I asked his why didn’t a officer come to my door he said he didn’t know where I... Read more »

Juan Ooink
Juan Ooink answered on Sep 9, 2020

It all depends on why your car is being held. You really should hire an attorney to assist you with this matter. That attorney will be able to look into the matter and tell you what needs to be done to get your car back. The sooner you hire an attorney, the better.

2 Answers | Asked in Criminal Law for Illinois on
Q: 1st offense was Residential Burglary

My friend was arrested for the first time for residential burglary it’s obviously her fist offense she had bond court and was released with ibond she had another court could she be arrested to serve time? Or could she do community service hours?

William Wolf
William Wolf answered on Sep 6, 2020

Hi. I hope you're safe and well during this pandemic.

Residential burglary is a mandatory non-probationable offense in the State of Illinois.

She is looking at a mandatory prison sentence if she is found guilty. She is facing anywhere between 4 to 15 years in the Illinois...
Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to own a rubber prop rifle that does not fire any sort of projectile in the state of illinois ?
Juan Ooink
Juan Ooink answered on Sep 3, 2020

Not that I am aware of, but if it is used in a commission of a crime, it could be considered a deadly weapon if it closely resembles an actual firearm. If it is going to be used for some sort of training and kept within the training facility, there should be no issues, but if it is seen outside the... Read 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 Criminal Law and Family Law for Illinois on
Q: Is it child endangerment if the mother has Covid and the grandparents are high-risk and refuse help from the father?

My son's mother tested positive for Covid and went into quarantine. They live with her parents, who are both high-risk for Covid complications. I repeatedly offered to take care of my son, but was refused. Is this child endangerment because my son was at risk of not having anyone to take care... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 29, 2020

No. My understanding from the medical professionals is that when a parent is told to go into quarantine, they are told their child has to go into quarantine with them, as the child has already been exposed.

1 Answer | Asked in Criminal Law and Small Claims for Illinois on
Q: I keyed my ex boyfriends car and he is now trying to sue me

I found out my bf was cheating on me and out of rage I keyed his car. He asked for $400 to repair damages, and agreed that if I paid him immediately he would not pursue legal charges. I gave him the money and went our separate ways. He is now harassing me to get back together and I declined. he is... Read more »

Juan Ooink
Juan Ooink answered on Aug 21, 2020

Civil matters do not carry an jail time but if he reports this matter to the police, you are looking at a Misdemeanor offense at the very least. Also, you should never admit to an offense online. If possible, you should figure out a way to remove this post.

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: If i live with my parents and both have felonies, can i possess a firearm in my name? I am 21.

I live i. Rockford il, not cedar rapids.

Juan Ooink
Juan Ooink answered on Aug 16, 2020

First, firearms on not possessed by name. If it is in the house, it could be attributed to everyone and anyone found in that house. I strongly advise against owning a firearm while you are living with convicted felons because something could happen and they could be arrested for possessing that... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Illinois on
Q: Is there a way i can drop charges for a domestic battery case against my mother?

My mom hit me and i called police she was then taken to jail and charged with domestic battery. I dont want to have charges against her what can i do

David Nachman Byer
David Nachman Byer answered on Aug 16, 2020

You can try to persuade the particular State’s Attorney’s office involved that it’s best not to prosecute, but once the process has passed the charging stage, they don’t have to drop the case just because you want them to. The State’s Attorneys have an obligation to the public to... Read more »

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2 Answers | Asked in Criminal Law, Elder Law and Internet Law for Illinois on
Q: Victim of bad theft case from my brother n his wife/lied 2 detective he believed her 2) No questions to my brother

They have sold on ebay auctions etc large sports memorabilia collection other collectibles etc both are on social security disability barely was getting by every month paid 1 house off bought another 1 n paid a lawyer $20,000 to fight me on my own property i reported them to office of the IG

George W. Svoboda
George W. Svoboda answered on Aug 12, 2020

Did they steal the collectibles from you? Did they use that money to buy the new house? If the police won't pursue the theft, you can't force them. You can sue them for the cost of your stuff. Do they have enough equity in the house to go after? However, they could then file bankruptcy... Read more »

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1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: appreciate for help

Does the court's supervision of the aggravated speeding violation be considered as a conviction in immigration, even though the violation is reduced from mesdminer class b to petty offenses?

Juan Ooink
Juan Ooink answered on Aug 11, 2020

This is something you need to discuss with an immigration attorney. That attorney will know how this type of charge will be treated.

2 Answers | Asked in Criminal Law for Illinois on
Q: Can I file a emergency clemency when my case is being reopened due to police torture?
George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

Maybe, but you really don't provide enough information to give you any real answer. In your situation, you should consult with a criminal defense attorney in confidence.

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1 Answer | Asked in Criminal Law for Illinois on
Q: My fiance was arrested yesterday on a warrant for failure to appear. She was in the hospital on her court date

She is still in jail with a $150 bail. Should I bail her out or let her stay and see the judge tomorrow? PS. She has a mental disorder.

Juan Ooink
Juan Ooink answered on Aug 10, 2020

The quickest way to get her out of jail is to post the $150.00 bond. Waiting for Court does not mean she will be released. She needs an attorney. The sooner an attorney is hired, the better.

2 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: If you are unofficially told that you need to change your headlights blue is illegal in Illinois

How much time are you allowed to fix the situation before an officer can do anything

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 29, 2020

The next cop who sees you could stop you 5 minutes after the previous told you that you could go. They don't have to give you a break.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it possible to reverse a waiver of extradition
Juan Ooink
Juan Ooink answered on Jul 27, 2020

This is something you should discuss with your attorney. Your attorney will have the needed information in order to address this concern.

2 Answers | Asked in Criminal Law, Traffic Tickets and Civil Rights for Illinois on
Q: Can they arrest you for being homeless and not paying your auto dues

Living in my car, no longer can afford my auto insurance

Theodore J. Harvatin
Theodore J. Harvatin answered on Jul 27, 2020

Only if you are caught driving without insurance.

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2 Answers | Asked in Criminal Law for Illinois on
Q: How do u file a.bill of particular in illinois...28 days will.be up in the 28yh this.month murder case was served
James G. Dimeas
James G. Dimeas answered on Jul 24, 2020

You prepare the document, file it with the Clerk of the Clerk, and serve it on the prosecutor. If this is a Murder case, this is something that a lawyer should do.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can police in Illinois interrogate a minor without a adult present
James G. Dimeas
James G. Dimeas answered on Jul 22, 2020

Yes and no. Depends on a variety of factors. I wrote about this on my blog a couple of years ago:

https://www.chicagocriminallawyerblog.net/can-a-minor-be-questioned-by-the-police-without-a-lawyer-or-parent-present/

2 Answers | Asked in Criminal Law for Illinois on
Q: What possible charges am I facing if I’m accused of popping 1 tire on two different vehicles? And damages where $130
George W. Svoboda
George W. Svoboda answered on Jul 21, 2020

Vandalism with damage of less than $300 is a Class A Misdemeanor in IL punishable by up to a year in jail and up to a $2,500 fine. You committed two offenses. If this occurred during the recent riots, you could also be charged with mob action. The most serious mob action charge is a class 4 felony,... Read more »

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