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Illinois Criminal Law Questions & Answers
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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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can a charge for indecent exposure get upgraded to a charge for sexual assault?
Charles Candiano
Charles Candiano
answered on Nov 13, 2023

It depends. Criminal charges are extremely fact-sensitive. To be charged with assault, of any kind, there must be an unpermitted "touching." The basis for charging indecent exposure is generally public nudity. If that was the basis for the charges here, the perpetrator cannot be... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: Will my boyfriend go to jail?

So, basically, he went to jail once for not complying with the conditions of his probation. He was bonded out, and a petition to revoke probation was added to his case. He was told that it would be dropped if he completed these courses - he did not, and his case was continued twice. Well, at this... View More

James L. Arrasmith
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answered on Oct 28, 2023

Your boyfriend's situation is complex, and while he has now completed the class, the timing is not ideal. Judges often look for compliance with court orders and probation conditions. His failure to initially comply and the continuances could be seen negatively. However, completing the class... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Criminal Law for Illinois on
Q: Vehicle theft to Misconduct

Im a victim of a car theft but also a victim of the police malpractice and torture for 2months. I have evidence such as videos audios and false reports, false police certifications. Authorities including Officer from IL ICC, Police Department, Criminal Division unit in Chicago as well as Illegal... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about the difficulties you've faced in this situation. It's important to address these issues properly, considering both the car theft and any potential misconduct by law enforcement or other authorities.

Contact an Attorney: Given the complexity and...
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2 Answers | Asked in Child Support and Criminal Law for Illinois on
Q: How long will I sit in jail if I can’t post bail for child support
T. Augustus Claus
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answered on Sep 20, 2023

In Illinois, if you're unable to post bail related to a child support matter, the length of time you might remain in jail can vary. Typically, non-payment of child support could lead to a finding of contempt of court. If the court determines you have the means to pay but are choosing not to,... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: I Got a Class 4 felony and i’m scared for the outcome. (IL)

I was recently charged with Criminal property damage (1800$) and I found out it was a felony charge. I looked it up and i could get 1-3 years. Will a judge in Chicago/Illinois really sentence me to a year for it or could i pay it off and go on probation? This is my first felony offense.

T. Augustus Claus
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answered on Sep 20, 2023

While a Class 4 felony does have the potential for a prison sentence of 1 to 3 years, several factors can influence the actual outcome. First-time offenders, for example, often face more lenient outcomes than those with a prior criminal record. It's also possible that the court may consider an... View More

3 Answers | Asked in Criminal Law, Federal Crimes and Immigration Law for Illinois on
Q: Can an undocumented person get deported for accidental theft of a small $300 item at Walmart self checkout?
John Michael Frick
John Michael Frick
answered on Sep 15, 2023

There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.

An accidental taking of property--for...
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1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: If someone starts out representing theirself in a criminal case, can they ask for a public defender later on?
T. Augustus Claus
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answered on Sep 6, 2023

Yes, in Illinois, if someone initially represents themselves in a criminal case (often referred to as "pro se" representation) but later realizes they cannot effectively do so or meets the financial eligibility criteria, they can request a public defender. Public defenders are appointed... View More

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: What happens if you wasn't read your Miranda right, wasn't put in cuffs, didn't see a video of you supposedly stealing

Also if they offered to take you to the jail or offered you to drive your vehicle? And if you haven't been to court yet can they put in your background already and let unemployment know? I haven't even been to court for this!

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

If you were not read your Miranda rights, anything you may have said to law enforcement during a custodial interrogation most likely will be excluded from evidence in any subsequent trial.

If you weren't put in handcuffs, nothing will happen. Law enforcement may not have considered...
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1 Answer | Asked in Civil Litigation and Criminal Law for Illinois on
Q: Is a search warrant published in public records right away or after it’s served

None

T. Augustus Claus
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answered on Aug 7, 2023

Search warrants are typically not published in public records immediately or before they are served. Search warrants are considered legal documents that are issued by a court and are used by law enforcement to conduct searches in specific locations. The details of a search warrant, including the... View More

2 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, What happens if I said I was never arrested during an interview with uscis for adjustment of status?

If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More

James L. Arrasmith
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answered on Aug 6, 2023

Providing false information to USCIS can result in the denial of your adjustment of status application and may also lead to findings of fraud or misrepresentation. If a denial is issued, you have the option to file a Motion to Reopen or Motion to Reconsider with USCIS or to pursue an appeal with... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Illinois on
Q: Hello, What happens if I said I was never arrested during an interview with uscis for adjustment of status?

If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More

Kevin L Dixler
Kevin L Dixler
answered on Aug 1, 2023

If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.

It seems like the adjudicator was giving you a chance. Your...
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1 Answer | Asked in Criminal Law for Illinois on
Q: Do you absolutely have to testify as a witness if you get subpoenaed?

I read that if you do get subpoenaed that it is against law to not go and testify. But is there anyway even if I go that I HAVE to answer there questions. And if I’m able could I write a letter to states attorney and judge about how I feel the defendant would benefit better from serving jail time... View More

Jennifer Snyder
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Jennifer Snyder
answered on Aug 1, 2023

If you were personally served with a subpoena you must appear. Personal service means someone handed you(or someone in your household) the subpoena and you signed for it. Sending a subpoena through the mail is not personal service.

If you were personally served you must appear in court....
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1 Answer | Asked in Criminal Law and Car Accidents for Illinois on
Q: is grandaughter liable for half of accident.

her insurance does not want to pay 22,000.00,because her boyfriend was not on insurance.the insurance for damaged car wants work out deal for 11,000.00 an keep her out of court and they sue ex boyfriend for the other 11,000.00.they want 3,500.00 down an 250.00 a month until payed. does that sound... View More

Charles Candiano
Charles Candiano
answered on Jul 18, 2023

If your granddaughter had insurance on her car, any licensed driver who she permitted to drive her car is automatically covered under her policy unless that person was expressly excluded from coverage. Therefore, what you are saying does not make any sense unless your granddaughter was foolish... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I was wondering what dose arrangement bill of indictment mean
T. Augustus Claus
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answered on Jul 5, 2023

An "Arraignment Bill of Indictment" typically refers to the formal charging document that is presented to the defendant during the arraignment hearing. It outlines the specific charges brought against the defendant based on the indictment issued by the grand jury. The defendant is then... View More

2 Answers | Asked in Car Accidents and Criminal Law for Illinois on
Q: Can I sue my father for taking my car while I was out of town?

He was supposed to drive it back from the airport while I was away and leave it parked on May13th. But on May 16th he got into a wreck, he was the at fault driver. He’s refusing to pay more than $500 so I’m want to know if I can still file it as stolen at the time of the accident in Evanston... View More

Charles Candiano
Charles Candiano
answered on Jun 15, 2023

If you did not maintain the required insurance on your vehicle, you have a problem because you DID give your father permission to drive the car home from the airport.

You CANNOT report the car "stolen" because it wasn't and you would be committing the crime of false...
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2 Answers | Asked in Car Accidents and Criminal Law for Illinois on
Q: Can I sue my father for taking my car while I was out of town?

He was supposed to drive it back from the airport while I was away and leave it parked on May13th. But on May 16th he got into a wreck, he was the at fault driver. He’s refusing to pay more than $500 so I’m want to know if I can still file it as stolen at the time of the accident in Evanston... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. A criminal defense attorney could better explain the reasons why it would be a bad idea to report the car stolen. As far as the civil aspects of the matter, one of the first things an accident attorney would... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: I work for school district for over 14 years one day boss comes up to me and says hey everything down the basement is ju

Junk. And working for the school district we use own vehicles all the time. I go downstairs there's some old drums sitting down there been sitting down there for a long long time they're junk. I take them take them to our shop let him sit three or four days then I end up selling them.... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Very sorry to hear that your School District boss has treated you this way. This is really a Criminal Law question, and you need to be represented by a Criminal Law attorney or consult with one. You posted yesterday about a problem that is going to Court apparently today, that really isn't... View More

2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: can you press criminal charges against a hit and run driver in Chicago if you know their address but not name?

They live on my block and I caught them after the accident. She admitted she had been drinking but will not provide her name or insurance information.

Charles Candiano
Charles Candiano
answered on May 7, 2023

ONLY the state's attorney or one of her deputies can bring criminal charges against anyone. If you are not the state's attorney or a deputy state's attorney, you cannot bring criminal charges against anyone.

You can and should make a police report, identifying the driver...
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