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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alan E. Jones
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Alan E. Jones
answered on Aug 31, 2022

At an arraignment, several things will happen in court. The judge advises the defendant of the charges - including exactly what is alleged, what the maximum possible penalty is within the law and then the judge will enter the defendant's initial plea of not guilty. Then the judge will order... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

1 Answer | Asked in Criminal Law for Illinois on
Q: My ex hit me and tried to break my car windows and broke my door I was wondering if there was anything I could do

Also 3 other girls who have been with him reached out to me and told me he has hit them and 2 of the three had been raped.. his dad also abused women before he had died

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Go to the local police station and file a police report immediately for possible criminal charges.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How long would a 14 year old go to jail for murder?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Impossible to answer as any murder case is unique and varies greatly by details and circumstances. The best person to ask would be the counsel of record.

1 Answer | Asked in Criminal Law for Illinois on
Q: How a hearing is cancelled to dismiss asking for pretrial monitoring to be dismissed but they could not find the order?

A first time offender on an alleged possession charge they put me on pretrial monitoring. I asked my attorney to have a hearing to have me released from this monitoring for I am not a danger to society and i show up for court. I go to court to have this hearing which my attorney tells me the court... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Discuss every case detail with the court assigned attorney familiar with your case.

1 Answer | Asked in Criminal Law for Illinois on
Q: Q: How a hearing is cancelled to dismiss asking for pretrial monitoring to be dismissed but they couldn’t find order…..

A first time offender on an alleged possession charge they put me on pretrial monitoring. I asked my attorney to have a hearing to have me released from this monitoring for I am not a danger to society and i show up for court. I go to court to have this hearing which my attorney tells me the court... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

If you have a court appointed attorney familiar with the case and its details, inquire directly as no one online would be more familiar with the case than that professional.

1 Answer | Asked in Criminal Law for Illinois on
Q: If i pour a coffee on a neighbor’s windshield and the cops come, neighbors decline to press charges..can press later?

Neighbors declined to press charges then…can they change their mind after months? The problem is now they seemed to have retaliated by actually damaging my wife’s car with scratches

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

In theory that person may file a police report seeking criminal charges be approved at a later time, yet, I do not remember a single case of such minor matter being charged later on.

As far as criminal property damage to your spouse's vehicle, you may file a police report and provide...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If a court loses record of a court order u are requesting a hearing for to have it dropped…what happens?

When requesting a hearing to ask the court to dismiss a pretrial monitoring due to the fact u have no record and pose no risk to society…If u request a hearing to ask the judge to drop or dismiss the order and the order cannot be found the day of the hearing by the court is the hearing just... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Impossible to handle that criminal case by way of a remote legal note without any ability to learn the case documents, discuss options with the court and the assigned prosecutor.

That case requires a counsel of record.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the same 3 statues on the subject be considered vague
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Anything is possible, especially if one is challenging the statutes on the subject of vagueness, however, each relevant statute must be examined by an experienced professional for the matter.

1 Answer | Asked in Criminal Law and Intellectual Property for Illinois on
Q: What would the penalty be if someone trespassed on private property, took photos of me in my swimsuit without my consent

photos and videos of me behind a privacy fence, on privacy property, without my knowledge or consent and distributed them to anyone

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Assemble your evidence and present it to the local prosecutor for possible criminal charges.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you deliver tobacco to a prisoner at job sight on work release in Missouri
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

I do not practice law in Missouri, however, even generally, anything from the list of controlled substances delivered to a prisoner will be considered prohibited contraband subject to criminal penalties.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

Q: Can a coworker obtain a no contact stalking order and us continue to work at the same company, or do I have to quit?

A coworker filed a petition for a no contact stalking, alleging that I have harassed and intimidated them while at work, damaged their property. Coworker has never mention these allegations to our supervisor/HR dept., never made them aware that they were filing a petition. Coworker did not aware... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

It appears that you may have to retain counsel to protect your legal interests with respect to that no contact petition that will affect your employment directly.

1 Answer | Asked in Criminal Law for Illinois on
Q: Indirect criminal contempt charge

If a ex spouse files a indirect criminal contempt charge and state refuses to pick it up so the ex spouses attorney picks it up and prosecutes it . Why would attorney file 179 days vs the standard 180 day jail time. I am looking for Illinois statue that breaks down what qualifies , how punishment... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Criminal charges in Illinois are filed by the authorized prosecuted entities, the States Attorney Office or federal prosecutors, not by private parties.

A private attorney cannot "prosecute a charge", the attorney may only file certain legal actions under possible legal grounds...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Is there any punishment if any?

I was at Walmart I went to checkout I usually check out with the scanner just bacuase it’s faster. So I scanned all my food and heard beeps for everything bout unfortunately some items didn’t register. It was under 35$ 6 items when I spent a total of 85$. I even scanned my pineapples 4times... Read more »

Clyde Guilamo
Clyde Guilamo
answered on Jul 19, 2022

If this incident happened in Indiana, you should post this as a question for lawyers in Indiana. Crimes are charged in the county where the crime occurred, not in the county where you live. But to answer you underlying question, yes you can be charged for underringing items at a self checkout.... Read more »

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