Get free answers to your Criminal Law legal questions from lawyers in your area.
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
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
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
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.
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
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
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
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
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
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.
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
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
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... View More
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
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.
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
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
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... View More
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
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
im just wondering
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... View More
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.
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
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
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... View More
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
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
He was not able to show none of his evidence the judge stopped him from talking and they screwed over him on his 120 day speedy trial, he was in jail for a year they let him out and he's been free for 5 years got him a trucking business and a wonderful new wife but his ex-wife has stopped all... View More
answered on Jan 31, 2025
https://innocenceproject.org/contact/ i don't know who you contacted before, but I believe this organization does take care of Illinois as well.
I have heard differing answers on this and the officials with my court program refuse to give me a true legal answer.
answered on Jan 12, 2025
Even if your use is legal, it would not be recommended. In Veteran's Court you are trying to get out of trouble, possibly without a conviction. Drug use would not impress your Judge who is trying to help you.
They take 5 people to jail that was in the house but nobody finger prints on it and the next door neighbor accuse one person of using a gun and the police let 4 people go and only keep one and charge them with 3 charges of recklessly using firearm and assault what happen next
answered on Jan 10, 2025
Let me help you understand this legal situation step by step.
In this case, if someone is charged only based on a neighbor's accusation without physical evidence like fingerprints, their defense lawyer would likely challenge the evidence in court. The lack of fingerprints and the fact... View More
We have no kids together so what do I say to get the judge to drop the no contact order
answered on Jan 8, 2025
A no contact order is typically a criminal case where he is charged with domestic battery, etc. and the judge orders no contact with the victim as part of his bond conditions. He should have a lawyer, have that person file a motion and have you there to say you want contact. Sometimes it works... View More
From my bank somehow international wire transfer was sent that i did not authorize.
answered on Jan 2, 2025
An Illinois attorney who deals with banking transactions could advise best but your question remains open for two weeks. It could depend on what the outcome of the bank's investigation reveals - identity theft, breach of their security measures, etc. It also depends on their policies for... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.