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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: I was arrested on a forgery warrant. The cops told me i could take my cell phone with me so I could use it to contact

Family about bail. At jail, they refused to let me use it an then stated that were seizing it for evidence. They did not have a search warrant for phone and did not provide me a receipt of the seizure. Is that legal?

Juan Ooink
Juan Ooink answered on Feb 16, 2021

It all depends on the case. This is something you need to discuss with your attorney. If you have not hired an attorney yet, you need to do so right away.

1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: Can text messages used before an arrest happened, be used in the courtroom? How cN they prove that the defendant sent?
Juan Ooink
Juan Ooink answered on Feb 16, 2021

It all depends on the messages and the case. This is something you should be discussing with your attorney. If you have not hired an attorney yet, you should do so right away.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Illinois on
Q: If I lose appeal on monetary judgement will I have to pay twice as much or the original amount of judgement

I lost a court case and ordered by the judge to pay back the legal fees of the plaintiff for $20,000. I want to appeal my case. If I appeal and lose will I have to pay twice as much as the original judgement- $40,000? Or would I still pay the $20,000 of the original judgement? Will I have to pay... Read more »

Charles William Michaels
Charles William Michaels answered on Feb 12, 2021

First, I am not an Illinois lawyer. That being said, if you lose your appeal, I would think you would have to pay the original judgment PLUS interest at the legal rate. I don't think you are required to pay the opposite party's legal fees incurred on appeal.

1 Answer | Asked in Criminal Law for Illinois on
Q: Doing a car search that was not consenting police rip the inside of my wallet apart and search for contraband

This is the third time being pulled over for what the police say is drug activity not finding drugs any time on any one of the searches this Time they destroy my wallet. It’s the same officer in the same town every time

Juan Ooink
Juan Ooink answered on Feb 11, 2021

Not sure what your question is her because you do not ask one. If you wish to file a law suit against the officer, you will need to hire a very specific type of Civil attorney to assist you with this matter.

1 Answer | Asked in Criminal Law and Civil Rights for Illinois on
Q: Can a case be thrown out on a technicality on these circumstances

Many laws are written as in he, him, and other male pronouns. Many also do have the he/she/they to include both man and woman (and whatever other weird genders and sexes lol). Let’s say a woman committed a crime as opposed to a man because the law only uses male pronouns. Could the case be thrown... Read more »

Juan Ooink
Juan Ooink answered on Feb 10, 2021

Absolutely not. This is not a reason to have a case dismissed. If you are facing charges, you need to hire a Criminal Defense Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Illinois on
Q: Will refusing the mask mandate by CDC on private transportation such as Uber and Lyft cause arrest?

Read on a conservative news site that CDC can now if not arrest fine people not wearing masks on public transportation

It seems like a bit over reach for govt to do that

Juan Ooink
Juan Ooink answered on Feb 4, 2021

It will not likely lead to an arrest but you will be refused service.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How can you be charged for distribution when the government has no drugs? None in discovery. Where are the drugs?
Juan Ooink
Juan Ooink answered on Feb 2, 2021

This is something you need to discuss with your attorney. Only your attorney will have the needed information in order to address your concerns. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can I be charged with a class A misdemeanor for violation of bail bond conditions (no-contact order) for trespassing?

The i

Juan Ooink
Juan Ooink answered on Jan 29, 2021

Since you have been charged already, you now the answer to your question. You absolutely can be charged. Now the question is, can you be found guilty. This is a question to discuss with your attorney. Only your attorney will have to needed information in order to answer this question. If you have... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Illinois on
Q: How can you be indicted with no probable cause and still be held?

1st indictment didn't have probable cause and the government admitted it yet he was still detained. Government didn't file an 851 and superseded him. How could the probable cause change?

Juan Ooink
Juan Ooink answered on Jan 28, 2021

Again, these are questions to discuss with the Defendant's attorney. Only the attorney will have the needed information in order to address your concerns. If they do not have an attorney, one should be hired right away. The sooner an attorney is hired, the better.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Illinois on
Q: Can the grand jury use the same evidence to indict you again for the same charge?

1st indictment for distribution didn't have probable cause but he was still indicted. How can grand jury indict again with the same evidence and add another charge and co conspirator?

Juan Ooink
Juan Ooink answered on Jan 28, 2021

This is really something to discuss with the Defendant's attorney. Only their attorney will have the needed information in order to address your concerns. If they have not hired an attorney yet, they need to do so right away. The sooner an attorney is hired, the better.

2 Answers | Asked in Criminal Law and Federal Crimes for Illinois on
Q: Are you entitled to a private investigator for your criminal case? How do you get one?
James G. Dimeas
James G. Dimeas answered on Jan 27, 2021

You do have the right to hire a private investigator. This is something you should talk to your lawyer about. Most experienced criminal defense attorneys have private investigators that they regularly use.

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2 Answers | Asked in Gov & Administrative Law, Criminal Law and Federal Crimes for Illinois on
Q: Why wont they government turn over the grand jury testimony?
James G. Dimeas
James G. Dimeas answered on Jan 27, 2021

The Grand Jury transcripts should be provided to your attorney after you are Arraigned and during the Discovery phase.

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1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: Can 2 people be charged with distribution and conspiracy of the same drugs?
Juan Ooink
Juan Ooink answered on Jan 27, 2021

Short answer is yes. All of the people involved or believed to be involved can be charged. If you have been charged, you need to hire a Criminal Defense Attorney right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law for Illinois on
Q: Why wouldn't the federal government have pictures of the alleged drugs from a buy/walk joint investigation?
Juan Ooink
Juan Ooink answered on Jan 27, 2021

What? Your question is not very clear. If you have been charged with an offense, you must hire a Criminal Defense Attorney to assist you right away. The sooner you hire an attorney, the better.

1 Answer | Asked in Criminal Law and Federal Crimes for Illinois on
Q: How can you be indicted for distribution when the ci said you didn't give him the drugs, someone else did?

How can they supersede you even after they admitted they didn't have probable cause the first time and they still charge you with the distribution and add conspiracy? Isn't that double jeopardy? Now have co-defendent that actually gave the drugs to ci yet wasnt charged until a selective... Read more »

Juan Ooink
Juan Ooink answered on Jan 27, 2021

First, it is not double jeopardy. The State is free to proceed by way of Preliminary Hearing and Indictment. If they fail at Preliminary Hearing, they are free to seek an Indictment. Second, you could be charged if you were involved in any way. Finally, you need to hire a Criminal Defense Attorney... Read more »

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Sexual Harassment for Illinois on
Q: RE: Surveillance Abuse, police negligence, police harassment, espionage, radiation poison and Sexual Assault via device

I'm a whistle blower who worked in the radiology department at Mercy Hospital in Creve Coeur, Missouri. I have been a victim of surveillance abuse since 2017. What do I do when being denied an attorney and police are neglecting me?

Charles Candiano
Charles Candiano answered on Jan 24, 2021

You need to re-post this under Missouri Law because the events took place in that venue.

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Illinois on
Q: Can the parents of a "victim" of statutory rape press charges against the "offender" after the "victim" turns eighteen?

Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... Read more »

Charles Candiano
Charles Candiano answered on Jan 24, 2021

On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... Read more »

3 Answers | Asked in Criminal Law and Traffic Tickets for Illinois on
Q: What do i do for a speeding misdemeanor in IL. During the day, blocks prior were 40 & 50. I was 51 in a 25 for a block

I was pulled over in a 25 going 51 in IL.

(It was 40 a block prior & 50 a block prior to that) i had just been following the speed of the carbefore me on the 40 & 50 roads)

The police officer was infront of me when he put his lights on - is that normal?

My 2 kids 7... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2021

Not beyond the realm of possibility that a lawyer could get the state to reduce it to 25 over (not a misdemeanor) and supervision.

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1 Answer | Asked in Criminal Law for Illinois on
Q: How long does one county in Illinois have to extradite an inmate from another Illinois county for a felony warrant?
Juan Ooink
Juan Ooink answered on Jan 21, 2021

The holding county will typically hold the person until the other county comes and picks them up or the holding county no longer wishes to hold the person. There is not set time frame.

1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... Read more »

Charles Candiano
Charles Candiano answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... Read more »

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