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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Civil Rights for Illinois on
Q: Is a Judgment written by lawyers and paid to advocate a disabled client does no Erisa SP Discovery .Waives rights fraud?

No ERISA SPD Discovery . All lawyers and Judge Aware but disabled paying client . Then waive clients ERISA right fraud?

Cheryl Powell
Cheryl Powell
answered on Nov 4, 2023

Please elaborate. Is this in a divorce case? Client receiving Ssd or ssi? What are you alleging as fraud?

1 Answer | Asked in Criminal Law for Illinois on
Q: What Can I Do If My Public Defender Trying To Go To Trial And I Feel We Are Not Ready?
Cheryl Powell
Cheryl Powell
answered on Nov 3, 2023

Tell the judge and explain why.

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 Criminal Law for Illinois on
Q: I have a charge in Illinois, can my past charges/convictions none the same in Kentucky be used for extended terms?
Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes, they can. Convictions, but not charges. Extended terms are mostly for violent offenders. If those offenses make you a violent offender, then extended term applies.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Illinois on
Q: Can I be criminally charged in Illinois if an online Facebook buyer says I sold them a different product than advertised

I was selling a product on Facebook Marketplace. I agreed through Facebooks platform to meet this buyer at a local restaurant and sell them my product. The buyer and I meet on this restaurants property in the parking lot. I never get out of my vehicle. The buyer walks up to my car window and argues... View More

T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

Stop losing sleep over this incident. You were assaulted by the Buyer. I believe the District Attorney and police have more important matters to pursue. As far as selling the product, this appears to be a civil event not a criminal event. Again, stop losing sleep.

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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1 Answer | Asked in Criminal Law for Illinois on
Q: How can I go after someone for committing identity fraud (defrauding thousands) to my father (who's in prison)?
Cheryl Powell
Cheryl Powell
answered on Sep 21, 2023

Identity fraud is a crime. Report it to the police.

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

1 Answer | Asked in Criminal Law and Municipal Law for Illinois on
Q: My wife and I have a neighbor who violates the noise ordinance. He starts his performance sports car at 2 to 6 am

We had video called the police they said they didnt want to get involved he did it again my wife stopped him and called 911 we showed video and they charged my wife with disorderly conduct. He is doing this time and again he has a tunable exhaust and does this on purpose we tried talking with him... View More

Cheryl Powell
Cheryl Powell
answered on Sep 19, 2023

You might try a no contact or no stalking order if it is interrupting your sleep. Give lots of details, dates it happened, witnesses, etc.

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

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Illinois on
Q: Do we need a lawyer?

Me and my wife have never had a criminal offence. We have a squeaky clean record. We both received a misdemeanor domestic in Missouri. Do we need a lawyer if we both want this to disappear and not go on our record?

Jeffrey Li
Jeffrey Li
answered on Aug 2, 2023

It would be best to seek an attorney out in Missouri, preferably an attorney within the City or County were the charges were filed.

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: Can I decline a drug test for court supervision if it was not a requirement from the court?

Illinois, court supervision, I was not court ordered to submit to random drug testing but I have recently received a letter demanding I come to take one or It would violate my court supervision. Had they asked nicely, I would have said sure. But due to the letter I am slightly offended. Can I... View More

T. Augustus Claus
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answered on Jul 12, 2023

if the court did not specifically order you to undergo drug testing as a condition of your court supervision and it is not listed in the terms outlined in your paperwork, you may have grounds to decline the drug test.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Litigation and Small Claims for Illinois on
Q: My ex and teenage daughter took my cat (she says it's hers). How do I start the process of getting my cat back?

It happened when I was out of town, so they sneaked over. Totally out of character for my daughter, but I'm not surprised my ex was involved and driving the getaway vehicle!

Jeffrey Li
Jeffrey Li
answered on Jul 8, 2023

As pets are considered property in IL, you should start with filing a police report. Then to regain the property, you will have to file the matter in court against your ex and your daughter.

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