Illinois Criminal Law Questions & Answers
Q: 17 year old Year high school girl Got jumped inside the school by three girl the 17-year-old hit one of the girls with
David J. Winer's answer
This is a matter with the police and school officials who should make a decision decide whether any charges or school discipline is warranted in this situation
This is a matter with the police and school officials who should make a decision decide whether any charges or school discipline is warranted in this situation
Q: judge sentence criminal to boot camp while awaiting decison he was pulled from possible boot camp approval because of a
William Wolf's answer
Contact an experienced criminal defense lawyer immediately. There are plenty of criminal defense lawyers that offer free consultations so you can decide which lawyer is best for you to hire.
Contact an experienced criminal defense lawyer immediately. There are plenty of criminal defense lawyers that offer free consultations so you can decide which lawyer is best for you to hire.
Q: Can my friend stepmother press personal property damage charges on me? I was not the driver but the vehicle is mine.
Charles Candiano's answer
I have no idea what you are asking. "Press charges" is a silly term that usually refers to someone to asking the State's Attorney to file minor criminal charges against someone. If that is what you mean, I assume you did not have insurance on the car and the stepmother wants to charge her daughter with Driving Without Insurance. You cannot be charged because you were not driving.
That said, you and your friend are BOTH liable for the damage. However, seeking criminal charges against...
I have no idea what you are asking. "Press charges" is a silly term that usually refers to someone to asking the State's Attorney to file minor criminal charges against someone. If that is what you mean, I assume you did not have insurance on the car and the stepmother wants to charge her daughter with Driving Without Insurance. You cannot be charged because you were not driving.
That said, you and your friend are BOTH liable for the damage. However, seeking criminal charges against...
Q: can I get in legal trouble for picking up Rx's that were called in by real doctors but they are questioning the number
David J. Winer's answer
With the info provided it is impossible to determine why the police would investigate this situation. I am sure there
is more to it. I suggest that you contact a criminal defense attorney in the county where you live.
With the info provided it is impossible to determine why the police would investigate this situation. I am sure there
is more to it. I suggest that you contact a criminal defense attorney in the county where you live.
Q: Is there a way if I register myself as a business and trademark/copyright myself as the business as an artist/musician
1 Answer
| Asked
in
Business Law, Copyright and Criminal Law
for
Illinois
on
Answered on Dec 25, 2018
Answered on Dec 25, 2018
William Wolf's answer
The laws vary from State to State, but in Illinois, if you're a convicted felon, you can't have a gun, period.
You would need to hire a security guard.
The laws vary from State to State, but in Illinois, if you're a convicted felon, you can't have a gun, period.
You would need to hire a security guard.
Q: Is it against the law to say this to someone? "According to your back ground report, you are quite a swindler.
William Wolf's answer
It's probably not a violation of criminal law. What's unknown to me is whether the report in question has any privacy restrictions where it's a crime to share it without your consent.
The problem is that the First Amendment makes it extremely difficult to make speech a crime. Maybe it could be considered extortion, especially if they were going to be making up stuff in a report, especially if you don't really owe money....... but maybe that's also a stretch.
You may or may not...
It's probably not a violation of criminal law. What's unknown to me is whether the report in question has any privacy restrictions where it's a crime to share it without your consent.
The problem is that the First Amendment makes it extremely difficult to make speech a crime. Maybe it could be considered extortion, especially if they were going to be making up stuff in a report, especially if you don't really owe money....... but maybe that's also a stretch.
You may or may not...
Q: how much time is a battery charge for a 14 year old ?
Juan Ooink's answer
This is a great question to discuss with their attorney. That attorney will have all of the needed information in order to answer this question.
This is a great question to discuss with their attorney. That attorney will have all of the needed information in order to answer this question.
Q: Asking for help with a reversed conviction. Time in prison and parole complete.
2 Answers
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Illinois
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Juan Ooink's answer
Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.
Not really sure what you are asking here. It is likely you will have to speak directly with an attorney to determine what can be done regarding your conviction.
Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?
2 Answers
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Illinois
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Juan Ooink's answer
This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the case. That attorney will move to preserve any video available, but that needs to happen right away, so do not hesitate, hire an attorney now.
This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the case. That attorney will move to preserve any video available, but that needs to happen right away, so do not hesitate, hire an attorney now.
Q: Been on probation for 6 years now due to none payment of restitution that I am unable to pay my sentence was 6 months
Juan Ooink's answer
You need to speak with an attorney in Kansas, or contact the attorney that assisted you in the first place.
You need to speak with an attorney in Kansas, or contact the attorney that assisted you in the first place.
Q: My sister was the victim of battery on Friday 11-30
2 Answers
| Asked
in
Criminal Law, Personal Injury and Domestic Violence
for
Illinois
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
Juan Ooink's answer
Unfortunately, it is not up to your sister what the defendant is charged with. It is up to the State, who is the prosecutor. I suggest reaching out to the State and giving them an update on her status on what issues she is facing.
Unfortunately, it is not up to your sister what the defendant is charged with. It is up to the State, who is the prosecutor. I suggest reaching out to the State and giving them an update on her status on what issues she is facing.
Q: I need to know how long aperson must remain on Parole after serving 4 1/2 yrs of 9 years
William Wolf's answer
There is insufficient information to answer this question.
What matters is the Class of felony for which the defendant was found guilty. That determines the length of mandatory supervised release, not the length of the sentence itself.
Unfortunately, a 9 year sentence could be the result of a Class 3 extended term, a Class 2 extended term, a Class 1, a Class X, or what has sometimes been termed a "Super X."
I would go back and talk to that person's lawyer to find out...
There is insufficient information to answer this question.
What matters is the Class of felony for which the defendant was found guilty. That determines the length of mandatory supervised release, not the length of the sentence itself.
Unfortunately, a 9 year sentence could be the result of a Class 3 extended term, a Class 2 extended term, a Class 1, a Class X, or what has sometimes been termed a "Super X."
I would go back and talk to that person's lawyer to find out...
Q: I am trying to determine whether or not there have been any changes to Truth in Sentencing policies in regards to 85%
William Wolf's answer
Your best bet is to contact the lawyer who originally represented your brother.
You don't state whether your brother's case was State or federal, what the sentence was, etc.
In Illinois, these State sentences that mandate that a prisoner serve 85 percent of the prisoner's sentence are not mere suggestions, they are mandatory laws. Until the Legislature repeals them, nothing is going to happen to affect your brother's sentence.
I haven't heard of anything going on in...
Your best bet is to contact the lawyer who originally represented your brother.
You don't state whether your brother's case was State or federal, what the sentence was, etc.
In Illinois, these State sentences that mandate that a prisoner serve 85 percent of the prisoner's sentence are not mere suggestions, they are mandatory laws. Until the Legislature repeals them, nothing is going to happen to affect your brother's sentence.
I haven't heard of anything going on in...
Q: Convicted of DUI and Theft. I know the law prevents me from sealing the DUI, can I file to seal the theft conviction?
William Wolf's answer
It's possible. You're not providing enough informaiton to say yes or no.
Here is a link to a site with some helpful information. You could do this yourself, but you're better off with the assistance of an experienced attorney.
https://www2.illinois.gov/osad/expungement/documents/crinminal%20exp%20guide/expungementsealingoverview.pdf
Good luck to you.
It's possible. You're not providing enough informaiton to say yes or no.
Here is a link to a site with some helpful information. You could do this yourself, but you're better off with the assistance of an experienced attorney.
https://www2.illinois.gov/osad/expungement/documents/crinminal%20exp%20guide/expungementsealingoverview.pdf
Good luck to you.
Q: My son was charged with aggravated battery/ Strangulation and domestic battery hes facing a class 2 and class 4 felony.
Juan Ooink's answer
No attorney here can answer that question because we do not have enough information. The only attorney that could even discuss this matter is the attorney representing your son. He needs to discuss this with that attorney right away. That attorney has all of the needed information.
No attorney here can answer that question because we do not have enough information. The only attorney that could even discuss this matter is the attorney representing your son. He needs to discuss this with that attorney right away. That attorney has all of the needed information.
Q: Is it legal or right that because I take my case to a jury they raise it from 1 misdemeanor to 2 felonies?
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Domestic Violence
for
Illinois
on
Answered on Nov 18, 2018
Answered on Nov 18, 2018
William Wolf's answer
Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.
Hopefully, you have a good criminal defense lawyer that's helping you. If not, you need to find one immediately.
Good luck.
Unfortunately, prosecutors have huge amounts of discretion on charging decisions. Their discretion is virtually unlimited. It is not uncommon for prosecutors, when a defendant refuses a plea deal, to react by raising more and more serious charges.
Hopefully, you have a good criminal defense lawyer that's helping you. If not, you need to find one immediately.
Good luck.
Q: Need help to bring my Wife & Kid to US with H4 extension(Wife have a past bench warrant)
Hector E. Quiroga's answer
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
Q: My House was burglarized in so many words the States Attorney's office said I should hire an Attorney. Civil Attorney?
Juan Ooink's answer
Civil suit only does any good if you know who burglarized your house. Your belongings and any damage should be covered by your Home Owners Insurance Policy.
Civil suit only does any good if you know who burglarized your house. Your belongings and any damage should be covered by your Home Owners Insurance Policy.
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