the warrant is obtained to search a 3rd parties residence to obtain the weapon someone else is accused of committing. in the state of illinois
There isn't enough information here to answer the question for certain. One would have to review the police reports and the warrant application, as well as any camera footage because in every case where someone wants to challenge a search, each search is fact specific where the presence or... Read more »
I was involved in a domestic violence dispute. My child's father had broke open the container of my(at the time) recently deceased dad's ashes, who had been dead less than 2 weeks, only having his ashes not even 48 hours.
Your rights are stated in 755 ILCS 65/1, et seq. Please read to gain a better understanding of your rights.
I was wondering if a Psychopath and serial killer can successfully argue and win a plea of insanity based on the Illinois definition and practice of the insanity defense. How would they do it if they could? What would be the reasoning? Or is it impossible based on the definition set by Illinois?
Very few things in life are impossible.
That being said, it is extremely difficult for anyone to win an insanity defense, especially in the State of Illinois.
The idea that lots of people raise the insanity defense and "get off" is frankly, a lie.
The insanity... Read more »
I was a passenger, had just gotten off of work. We had been pulled over because the drivers tags didn’t match the vehicle. I had no idea about it. They got my I. D. And ran both our names. Both clear. Then they came back to the vehicle and told us they were gonna do a search of the vehicle. As I... Read more »
I can't speak to your jurisdiction specifically, but fictitious plates on a car arguably give an officer probable cause to search the vehicle. However you need to speak with your attorney who can try to help you with a defense or suppression motion. Good luck to you.
I'm applying for a respiratory care practitioner license and a question on the application is "have you ever been convicted of or pled guilty to a crime?" 2.5 years ago I was given Court supervision for retail theft, and I successfully completed supervision after 2 years. I'm... Read more »
If you have not expunged the matter, then the answer might be yes. You said you were given court supervision. If that were a result of a plea deal and you plead guilty, then yes. If the case went to trial and you were found guilty, I would say technically, the answer would be no.
So,... Read more »
They also said that I can voluntarily choose to speak with them or not. They also said no charges were filed or will be filed.
It's your right to remain silent. From a criminal defense perspective, that's almost always the best idea. When in doubt, don't say anything.
A grand jury may not know of the Supreme Court's ruling. The grand jury is informed that a person has been charged with a specific crime. A witness then enters the room and essentially explains to the grand jury why that person was charged. The jury them decides if there is probable cause to... Read more »
What you're describing is a common argument for possession of guns when a person is a prohibited possessor. And the answer is generally YES. A person can still be charged. There is such a thing as constructive possession. Whether the State is successful depends on the specifics of that case.... Read more »
My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence
It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.
Warrant was found, and no outside indication that the guest was even there. Room is searched, guest gets charged with everything in it despite the occupant being on probation and having an ankle monitor which was also a present violation as the person the occupant wasn't to be around was in... Read more »
So you hope to dispose of that criminal case by way of a random online paragraph without any case review?
Will never happen.
Discuss your criminal exposure and a viable plan of action with a licensed and reputable criminal law attorney of your choice.
My son is in a local jail, last Thursday February 10th he was beaten by five officers for a substantial amount of time he was beating about the face and head numerous times. He was denied Medical Care until the 5th day and then they allowed him to get X-rays, however, they will not release his... Read more »
You should have retained an experienced criminal defense attorney first day he was criminally charged. If you are indigent he should have requested a Public Defender counsel at no charge first time he was in front of the presiding judge.
A criminal defense attorney. Get one now before he's brought in for questioning.
My girlfriend was advised by her jailhouse lawyer brother to somehow get or stage a domestic charge against me so that I couldn't be called as a witness in her now closed burglary case or come forward and she did a good job and I'm afraid the courts won't face the embarrassment of... Read more »
Definitely hire a criminal defense attorney in the county/town where your case is pending. Good luck!!
My boyfriend was the only other person home. Can he be charged in the death of his own son? If so, would it be the state that presses charges? And what would the formal charges be? Could he possibly be convicted? I mean, it was his own son. I can't even imagine what he's going through.
This is an extremely unfortunate situation for this family. There are potentially a couple of criminal charges the father could face -- if the father provided the drugs to his son, the father could be charged with drug induced homicide. If the father was aware that his son was consuming drugs or... Read more »
The simplest thing for you to do is to hire a private agency to conduct a criminal background check for you -- that really takes all the work out of your hands; however, that can be pricey. Another option would be to look online or go in person to the Circuit Clerk's Office of the counties... Read more »
There would possibly exist a conflict of interest, so a police officer or other law enforcement officer should not be the one to question his or her own child regarding an investigation. Rather, that officer should have a different officer do the questioning. That protects the integrity of the... Read more »
The detective questioned his son in regard to a case he may or may not had information regarding.
The rule of initial engagement with any law enforcement officer or detective during any investigation stage must be the same: one should never discuss anything that may potentially incriminate or implicate that person with anyone without a licensed criminal defense attorney present. Never.... Read more »
I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.
Question:
1. Shall I make payment or wait for the judgement?
2. What is the consequence on immigration because of this?
I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... Read more »
Hunters are hunting in the field across from my home. They are set up 100 yards away from my property line, which is in regulation. I sensory train my dog in my yard, on my property with a loud horn, which might disrupt the hunters. Am I in violation of hunter interference act of Illinois?
Yes, since your horn emits the loud sound that does interfere with legitimate hunting sound protocol even on your own property.
My fiance was arrested on November 25th for Domestic Battery and unlawful restraint and he is not guilty
I recommend finding a good local defense attorney from the county where the case is being prosecuted to handle his case. Best of luck. Al Jones
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