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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: Can a city cop in Illinois pull u over and arrest you outside city limits
Theodore J. Harvatin
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answered on Mar 7, 2024

If he observed you committing the offense in his jurisdiction and followed you to another jurisdiction definitely. If he saw you committing the offense in another jurisdiction, while he was in his jurisdiction, highly likely that he can. Most jurisdictions have cross jurisdiction agreements.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Internet Law for Illinois on
Q: Is it illegal to catfish pedophiles and make them pay money to you, or is this fraud?
James L. Arrasmith
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answered on Feb 26, 2024

Engaging in the act of catfishing, particularly with the intention of targeting and exploiting pedophiles, raises significant ethical and legal concerns. While it may seem like a form of vigilante justice, it's important to recognize that such actions could potentially constitute fraud and may... View More

1 Answer | Asked in Cannabis & Marijuana Law, Family Law, Criminal Law and Civil Rights for Illinois on
Q: legal rights and guidelines to marijuana use pregnant women in 2024?
James L. Arrasmith
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answered on Feb 24, 2024

Here are some key legal rights and guidelines regarding marijuana use for pregnant women in 2024:

- Marijuana use remains federally illegal in the United States, regardless of pregnancy status. However, several states have legalized recreational or medical use for adults over 21. Laws vary...
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1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Illinois on
Q: im 16 turning 17 my bf 17 turning 18. he has an open case for weed and an air soft in the car. i was there when happened

my mother wants to put an order of protection on him, will this hold up in court. there has been no physical or mental abuse. no harassing or stalking etc. She simply does not want us to continue dating or seeing eachother. his ex also has an order against him for 6 months due to harsh language... View More

James L. Arrasmith
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answered on Feb 23, 2024

In court, the validity of an order of protection depends on various factors, including evidence presented and the specific circumstances of the case. If there has been no physical or mental abuse, harassment, or stalking, and the only basis for the order is your mother's desire to prevent you... View More

2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2024

Pleadings can be amended before during or after the trial. The last time the prosecution can Amend pleadings is after trial. Jury instructions have to mirror charges and lesser included offenses if deemed appropriate.

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2 Answers | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can the courts change a charge or can the prosecution change it mid trial or after the trial as the judge claims? 3 yrs

Is there a statue of limitations on amending a charge? The prosecutor has been pursuing charges for three years and knows the discovery shows he doesn't have anywhere near the evidence to convict on the charges but has failed to amend them to something he has the evidence for. Doesn't he... View More

James L. Arrasmith
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answered on Feb 24, 2024

The ability of the courts or the prosecution to change a charge mid-trial or after the trial depends on various factors, including the specific circumstances of the case and the applicable laws in the jurisdiction. While there may not be a strict statute of limitations on amending a charge, there... View More

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

Cheryl Powell
Cheryl Powell
answered on Feb 11, 2024

Are you talking about the Emergency hearing? If so, you put your witnesses on for the plenary hearing that tell the truth. You can subpoena neighbors of yours, his, bus drivers, teachers, your sister, etc. Should be easy to prove with school aged kids.

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2 Answers | Asked in Criminal Law, Child Custody, Civil Rights, Juvenile Law and Family Law for Illinois on
Q: If my ex-husband knowingly lied in a order of protection that he filed, can I get the order dismissed?

My ex-husband filed an OP against me to keep our children from me and he knowingly lied and stated that our daughter lived with him which she did not. Also, the judge had put on the OP that one of our children's names is Kimberly and I have no child named that. Our son also does not live with... View More

James L. Arrasmith
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answered on Feb 24, 2024

If your ex-husband knowingly provided false information in the order of protection he filed against you, it may be possible to challenge the validity of the order. Courts typically require individuals seeking orders of protection to provide truthful and accurate information to ensure the protection... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Illinois on
Q: Can I withdrawal a guilt plea after I took a plea but was mentally unstable in court?

I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time.... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: Given code to gate and email permission and text to take scrap manager says no. Warrant issued now theft/burglary?
T. Augustus Claus
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answered on Jan 30, 2024

In Illinois, if you were given a code to a gate and received email and text permission to take scrap, but a manager later denied this permission and a warrant was issued for theft or burglary, the situation becomes legally complex. The key issue revolves around the legitimacy and understanding of... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: Can a sheriff or local police arrest you without a warrant? I'm being harassed by authority's at my home .

I just left my probation? She said I don't have any warrant but I'm being harassed by authority's??at home &I'm afraid to answer the door what should I do.

James L. Arrasmith
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answered on Jan 29, 2024

In the United States, a sheriff or local police can arrest someone without a warrant under certain circumstances. This typically includes situations where an officer has probable cause to believe that a person has committed a crime, or in cases of a crime committed in the officer's presence.... View More

1 Answer | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, I'm truly sorry & embarrassed of sharing it, but when I was 19, I met someone off dating site & we went on a date

the person lied to me about their age & me being less than smart, it did not come to my mind to ask a person for proof of age & instead based of the person physical traits, I believed the false age which this person claimed on the profile of dating site & the person was actually under... View More

James L. Arrasmith
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answered on Jan 26, 2024

I cannot make any definitive legal assessments regarding your situation or chances for citizenship. However, I can provide some general information.

A misdemeanor offense, especially one from many years ago when you were young, does not automatically preclude you from potentially obtaining...
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1 Answer | Asked in Criminal Law for Illinois on
Q: I arrested for possession of controlled substance which I have a rx for. I don't want to hire an attorney. What can I do

I have a letter from my doctor stating that I am prescribed the medication (Xanax). I've had 2 court dates where they asked about representation. I was going to try and hire an attorney. However, I can't afford it and why should I when I shouldn't have been charged in the first... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2024

Usually, the prosecutor will talk to you. Make an appt to talk to that person. See if you can get them to voluntarily dismiss it. It is not normally the judge who we try to reach deals with. But if they won't dismiss And you cannot afford a lawyer, ask for a pd.

1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can I be denied a public defender if someone posted bail money for me?

I was arrested in March of 2023 and had a bond amount of $25,000 10% $2,500 which my boyfriend's mother had posted for me expecting to get atleast some of this back once the case was finished. But once I had gone to court after my release the judge denied my request for a public defender even... View More

James L. Arrasmith
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answered on Jan 14, 2024

In the United States, the right to a public defender is generally determined based on your financial situation, not on whether someone else posted bail for you. The fact that someone else paid your bail doesn't automatically disqualify you from receiving a public defender. However, courts... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: I’m 18 and live in Southern Illinois. I own a FOID card and want to know about the legality of me owning a pistol?
James L. Arrasmith
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answered on Jan 13, 2024

In Southern Illinois, as an 18-year-old with a FOID (Firearm Owner's Identification) card, you are legally allowed to own a pistol or handgun. Illinois law allows individuals aged 18 or older to possess and purchase handguns if they hold a valid FOID card.

However, you must still...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Illinois on
Q: Looking for an experienced chicago attorney to investigate a dcfs case.

The case itself is in Lake county but since a family member is an ex dcfs cop,shes friends with everyone and has worked under the color of law to get custody of my grandchildren by lying and commiting fraud.I need an honest unbiased person outside of lake county to investigate the violation of... View More

James L. Arrasmith
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answered on Jan 1, 2024

In seeking an attorney to investigate a DCFS case in Lake County, Illinois, while avoiding potential conflicts of interest, it's wise to look for legal representation outside the local area. A Chicago-based attorney could provide the necessary distance and impartiality for your case.... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: is it possible to get a firearms owners identification card with adhd?

im just wondering

James L. Arrasmith
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answered on Jan 13, 2024

Having ADHD alone does not necessarily disqualify you from obtaining a firearms owner's identification card (FOID) in the United States. However, eligibility for a FOID card can vary from state to state, and there are federal regulations to consider as well.

The key factors that may...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.

After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.

James L. Arrasmith
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answered on Dec 27, 2023

In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation... View More

1 Answer | Asked in Civil Rights and Criminal Law for Illinois on
Q: I was asked by a police officer to remove a camper that was not mine that was stolen out of an area so a tow truck drive

Driver could remove it from the area after I was walking off and after I said no the cop said wait till I see her out what can I do about this

James L. Arrasmith
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answered on Nov 17, 2023

If a police officer asked you to remove a stolen camper that wasn't yours, and you were uncomfortable or unable to comply, you were within your rights to refuse. Your refusal should not result in any form of intimidation or threat from the officer.

If you felt threatened or intimidated...
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