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Illinois Criminal Law Questions & Answers
2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... Read more »

Charles Candiano
Charles Candiano answered on Sep 15, 2021

Small Claims is informal and frowns on Motion Practice. If you are in Small Claims, just tell the judge. If you have an attorney, he/she will know what to do.

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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: What is code 3423
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

If we are talking about the Federal Code the relevant Code section of the US Code 12 is below:

12 U.S. Code § 3423 - Immunity from suit for disclosure of financial exploitation of senior citizens. the actual section content is available online.

1 Answer | Asked in Contracts and Criminal Law for Illinois on
Q: I have a complicated legal problem that starts with being charged with party to a crime for someone else's act

The people that committed the crime gained access to my car that was impounded when they wouldn't tell me where it was and they stole items from me out of my car in the police department I don't know how about going to file a lawsuit against the county the lawyer I paid every penny from... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 12, 2021

Avoid the very first, and sadly, the most typical legal mistake many people make in the beginning of the legal process: do not make any legal decisions, actions, filings, appearances, concessions, admissions, clarifications without first discussing your exact criminal exposure to possible criminal... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I have a PTR probation but what does local FC mean I see it on the website were I pay my fines
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

The best method to clarify acronyms and the web site terms for the purposes of understanding their actual meaning would be directly contacting the court clerk and seek further explanation of that language. However, a clerk may not issue a legal advice, thus, for that purpose it would make sense to... Read more »

1 Answer | Asked in Criminal Law, Animal / Dog Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: Is there a sample or an example of how a Writ of Certiorari is to be written/ drafted for a Georgia Superior Court?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

I do not practice in the State of Georgia, however, if you contact the Georgia Superior Court clerk directly you may request a template or example of that legal document for your purposes.

Also, the Clerk may refer you the the court Referral Desk where there could be a possibility to find...
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1 Answer | Asked in Criminal Law for Illinois on
Q: If an exemployer has video of retail theft your charged with why doesn't S.A or cops have it?

Going to court since Feb. 2021. I've been told there is video, but why hasn't xemployer gave that over? Its been atleast 6 months shouldn't that been turned into law enforcement to get An arrest to b made?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 10, 2021

You need to retain a licensed criminal defense counsel who legally is ENTITLED to request any incriminating or case relevant evidence in any format for the purposes of reviewing the allegations.

Also, one of then most critical legal mistakes people make is DISCUSSING ANY ALLEGED CRIMINAL...
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2 Answers | Asked in Criminal Law for Illinois on
Q: Is it legal for me to date someone 16 when I'm 21 if we are both age of consent?

Nothing sexual about it

Dan Nold
Dan Nold answered on Sep 3, 2021

If there’s nothing sexual about it, then it’s not dating.

Also, the age of consent in Illinois is 17.

So, definitely a felony.

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2 Answers | Asked in Criminal Law for Illinois on
Q: In Illinois does a cop have to issue a ticket after arresting someone for possession of meth?
Dan Nold
Dan Nold answered on Aug 28, 2021

No. They can charge you up to 3 years after the incident for a felony offense.

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2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

James G. Ahlberg
James G. Ahlberg answered on Aug 20, 2021

Yes, a judge can do this.

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2 Answers | Asked in Criminal Law for Illinois on
Q: Is a 1.5 gram of meth and a .10 of fetynol a felony
Dan Nold
Dan Nold answered on Aug 17, 2021

Yes. Possession of any amount of either substance is a felony in Illinois.

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1 Answer | Asked in Criminal Law for Illinois on
Q: First misdemeanor for conversion in lake county set for bench trial if convicted do I get jail time
Alan E. Jones
Alan E. Jones answered on Aug 10, 2021

I've practiced criminal law here for over 30 years and in my experience people rarely get jail time for first offense misdemeanors in Lake County, but it is possible. You should discuss this with your attorney who will know the facts and circumstances of your case and your record and thus, be... Read more »

Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Can my son, be released with a charge of residential burglary. He is in city jail now. Bond $50,000.

What are our options?

James G. Dimeas
James G. Dimeas answered on Jul 23, 2021

Unless there's an outstanding warrant out there, he should be released from jail upon posting of the Bond. If he violates any of the terms of his release, his Bond may be revoked and he goes back to jail.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Got speeding ticket for 34 over. Officer marked no court appearance needed but got court day on mail. What can I do

Can the ticket get dismissed since that was a mistake from the cop?

John S. Fotopoulos
John S. Fotopoulos answered on May 5, 2021

This is a misdemeanor charge. You will need to retain an attorney to assist you in this matter.

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can 2 people be charged with the felony possession then one have all charges dropped against them but the other person n

It wasn't even my drugs it was hers but since she got cancer they dropped all charges on her but I'm still be charged? Can they do that or should it be dropped all together?

Dan Nold
Dan Nold answered on May 2, 2021

Well, they can do it because they already did it, and they can drop charges for any reason or no reason at all. They certainly can do it. Should they? I mean, should drug possession even be a crime? There are a lot of should questions we can ask about this situation. But can they? If they... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: is it in an inalienable right in the state of Missouri to consume alcohol
Dan Nold
Dan Nold answered on Apr 29, 2021

Inalienable rights I would generally say are life, liberty, and the pursuit of happiness. I suppose you could consider the consumption of alcohol a pursuit of happiness. Generally, lawyers, at least lawyers that I know, do not speak about the consumption of alcohol being an inalienable right. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: I was arrested with a meth pipe only. Is that possession of methamphetamines or possession of Paraphernalia?
Dan Nold
Dan Nold answered on Apr 29, 2021

If the government sends the pipe out for testing, and they are able to scrape any meth out of it, they could charge you with possession of methamphetamine. It's possible for this type of a charge to be filed several months after the police took the pipe as they wait for the lab results. It... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: What's the worst charge for trespassing at Walmart with theft under $300

Actually a couple years ago my sister was charged wasn't charged that Collinsville Walmart for stealing the plastic bead box they let her go and told her don't return so last week she went to Glen carbon Walmart and she was bagging her stuff herself and three items wasn't running up... Read more »

Dan Nold
Dan Nold answered on Apr 29, 2021

It depends on if she's ever been convicted of Retail Theft before. And it depends on if they charged the trespassing as an ordinance violation or a misdemeanor. She should try and hire an attorney to help her minimize and maybe even get the charges dismissed with a deferred prosecution.... Read more »

1 Answer | Asked in Criminal Law for Illinois on
Q: Would you recommend going to trial? Fighting aggravated battery to a peace officer

On July 4 2019 I was charged with an Aggravated to a police officer in the most surveillanced part of Chicago (Navy pier). First, I ordered a copy of my FOIA police report, and it stated the detective showed up to get the videos. The person who was in charge of handling the videos said he was able... Read more »

Alan E. Jones
Alan E. Jones answered on Apr 23, 2021

I recommend reviewing this issue with your attorney to determine the best answer. If you don't have a good local Chicago-area criminal defense attorney, then you should get one for this case. Good luck.

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