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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: What happens after 30 days of a jail holding you and you not getting transported to the original county?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 7, 2021

The United States has two major legislative extradition provisions: Article IV of the Constitution and the Uniform Criminal Extradition Act. The Extradition Clause of the Constitution lists “felonies and other crimes”, but the Uniform Criminal Extradition Act sets forth an extradition procedure... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I have a pending case in will county for fleeing the police and they have taken my car. How do I get it back?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 6, 2021

The administrative impoundment of one's vehicle and a collateral original criminal case are two different legal procedures, UNLESS the vehicle is impounded and kept as evidence in connection with that criminal case.

Be as it may, in my opinion it requires a knowledgeable criminal...
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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Illinois on
Q: my and my roomate was served a search warrent and charged together,roomamte took all charges ,shouldnt mine be dismissed

i was jailed when i did not answer the questions being asked while detained,and i did not see the warrant til i was bonded out 10 days later,also wasnt given a copy of the seisure list of items they took as evidence from my home,mine and mine alone is the only name on the lease and i wasnt home... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 4, 2021

Thank you for your excellent description of the origins of the pending criminal case. Even if you feel your criminal charges against you should be dismissed, that could be done only during a court hearing or by the assigned local prosecutor. Also, as you may know by now, the criminal case of that... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Illinois what is the minimum charge for gun possession with 2 prior felonies from another state if had no trouble since

Two prior felony convictions from another state new charge is unlawful possession of a loaded firearm

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 25, 2021

The charge falls under 720 ILCS 5/24-1.1 and requires a criminal charge of a state felony class 3.

Sentence. Violation of this Section by a person not confined in a penal institution shall be a Class 3 felony for which the person shall be sentenced to no less than 2 years and no more than 10 years.

2 Answers | Asked in Criminal Law, International Law and Traffic Tickets for Illinois on
Q: Can you travel internationally (Canada) if you complete court supervision for a Class A misdemeanor for speeding?

Can you travel internationally to places such as Canada or UAE if you completed court supervision for a Class A misdemeanor for speeding 35 MPH plus in the state of Illinois? My understanding is that upon completion of supervision it leads to a non conviction? Is this true and if not convicted are... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 25, 2021

You may travel internationally, but I personally have seen U.S. citizens turned away from entering Canada for a variety of traffic and Criminal offenses regardless of the years past after that conviction, when they traveled by car.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can I sue someone for uploading a youtube video without my consent which I am constantly getting harassed ?

It is a prank video that I did not give permission to be in

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

It depends where the video was taken: if it was made in public there is hardly any legal recourse, but if it was made in a private place then you may review possible civil suit for damages with a civil practitioner.

1 Answer | Asked in Civil Litigation, Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: Can someone be charged and held in prison under an alias name?

My father was a teenager when he was charged of committing murder in the 90’s. He is under a different name. When you search him , they have his birthday and a alias name.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 15, 2021

Yes, criminal charges are possible when the law-enforcement does not know the actual, legal, or true name of the suspect, so, the charges may be filed under any name available or given to the authorities. As in the case with your family member you could see that could happen.

1 Answer | Asked in Criminal Law for Illinois on
Q: Executing a search warrant for particular persons and places can officers pull you over away from house and take u there

B

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 14, 2021

I think it’s entirely possible for police officers executing a search warrant of a certain place or abode do a well-being check or a Terry stop of people found near or on premises just to secure the scene and make sure that there are no dangerous weapons or contraband on such people if there is a... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I allegedly spit on somebody is that a violent offense

Arkansas not Illinois

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Nov 12, 2021

I am not licensed in the state of Arkansas, yet, even generally any intentional offensive physical contact is considered battery. Here is how, for instance, you throw a stone and hit a person in the body intentionally: that is a better, as you caused that object to contact another in a harmful,... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Illinois on
Q: Should I get another lawyer? Are there any pro bono lawyers that can help me with my case? What advice can you give me?

I'm dealing with a situation where I have a baby on the way. We live in two different states. The mother lives in Chicago and I live Maine. I met her online and at some point I met up with her in Chicago. I discovered she was a heroin addict. We ended up separating and I went back to Maine... Read more »

William Wolf
William Wolf answered on Oct 30, 2021

My understanding of the purpose of this service is this:

It is to ask questions so the questioner can decide 1. If a lawyer is needed for the situation the questioner presents, and 2. to help find the lawyer that questioner is most comfortable with to hire.

My understanding of the...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it possible to find another public defender when there is only one offered in that county?

My spouse has an Effingham Co IL public defender that has only spoken with him twice and doesn’t answer questions or give any advice. My spouse has put in numerous requests for different things and He only says, ‘I would love to win your case.’ He has a Pre trial approaching in a couple of... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 26, 2021

Assigned Public Defenders handle many cases, not just one case where they have luxury of reaching out to the client at any time. Also, The rule of thumb is that if one wants a counsel who will invest time, effort and resources in any criminal case then a private counsel must be retained as... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law and Civil Rights for Illinois on
Q: In Illinois, would finding less than 5grams of marijuana on person be considered probable cause to search vehicle?

Pulled over for license plate light and came back clean when running license. Pulls me out of car, and I had .5g or less and he said that gave him probable cause to search. It's not illegal to be in possession of marijuana in Illinois so why would that give him probable cause? I believe my... Read more »

Dan Nold
Dan Nold answered on Oct 25, 2021

It’s illegal to possess marijuana in a vehicle unless it is basically in store packaging. So the search was probably legal. You should have an attorney evaluate the evidence for potential motions or to negotiate on your behalf.

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3 Answers | Asked in Criminal Law for Illinois on
Q: Is the good Samaritan law involving not being charged in a situation that a person calls 911 to seek medical help

My friend lives in indiana called 911for her husband because he was over dosing and when the police came they arrested her and charged her with possession of drugs and paraphernalia ECT... But also never drug tested her

William Wolf
William Wolf answered on Oct 25, 2021

Your friend needs a good criminal defense attorney immediately.

You state that your friend lives in Indiana but you don't state where the incident takes place.

Please make sure that, whereever the case is, that that lawyer is an experienced criminal defense lawyer licensed in...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Traffic stop bicycle, cop said i was pulled over for a light not mounted on bicycle. NRS : light must be visable .

Was searched taken to jail for possession.

Can the case be thrown out for the reason i was stopped? Had a ligjt the cop saw it and lied that it must be mounted. No where in NRS code does it say that.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 25, 2021

A person operating a bicycle during twilight or at night has a duty to have the bicycle comply to the rules of the road requirements, safety and equipment presence.

Thus, a bicyclist may be legally stopped for any absence of safety equipment, including reflecting signs or lights....
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1 Answer | Asked in Criminal Law, Collections and Communications Law for Illinois on
Q: Someone threw a big metal lock at my car and kicked my car and only had to pay a $200 fine and court cost no restitution

The avocet at the court house is new and she said she didn’t have my information only information filed was my old phone number and old last name. She sent me letters but no letter asking me to call her.The avocet wasn’t working there at the time i turned in my information and car estimate so... Read more »

Jane Kim
Jane Kim answered on Oct 24, 2021

Your question is coming up under Illinois although it appears you live in MO. In any event, this will be true in either state, you can file a civil lawsuit to recover your damages, provided the statute of limitations has not run yet. Depending on the amount of damages, you may do so in small claims... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How can I fight not going to jail. After the fbi/police charge me with robbing an atm in illinois and they have pictures
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 23, 2021

First things first, it is not legally possible to "rob" an ATM. Robbing could only involve depraving a human being of any things of value or property. Thus, a possible crime would be criminal trespass, criminal damage to bank's property, aggravated theft with use of tools and theft... Read more »

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2 Answers | Asked in Criminal Law, Libel & Slander and Sexual Harassment for Illinois on
Q: A girl is claiming I sexually assaulted her. She’s now sending me texts saying if I don’t pay her money she’s…

She’s sending texts saying if I don’t pay her thousands of dollars she’s going to the police. She also has a video recording of me talking to her that she illegally recorded while the phone was in her pocket.

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

Do not engage in any communication with that blackmailing person in any form. Immediately discuss your possible exposure to criminal charges confidentially with a licensed criminal law attorney tomorrow.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Hi I have a felony criminal case and have an attorney. However my attorney is not calling me back

I had final pretrial sept 14th before jury trial because I am innocent and he never attended now there is a body only warrant and court on the 28th for bond forfeit and the states attorney is moving to have jury trial removed from docit and I cant get ahold of attorney what do I do I have paid him... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

It is unfortunate that you are in this predicament. You may research, compare, and contact reach a selected counsel of your choice and retain a more responsive and professional counsel. In fact, you may file the prior counsel and request a retainer back for unearned services.

After all,...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If someone sells me a link card and I use it and it's someone else's wat can I be charged with
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 18, 2021

Let's see:

Bank fraud, state unemployment insurance fraud, wire fraud, false identity fraud, perjury, theft of services are possible criminal charges under certain conditions.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is there any criminal attorneys that work for pro bono?

My son Ryan has been locked up at Rock Island county since January 1st and he's had three court appointed attorneys due to conflicts I guess he is charged with possession of a firearm by a felon

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 16, 2021

I do not know a single private criminal defense counsel who would handle such state felony UUW by a felon pro bono, spending time, efforts and resources without making a reasonable living.

Thus, if defendant is indigent he may request the presiding judge to appoint a Public Defender to...
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