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Illinois Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Illinois on
Q: Can Attorney Waiver Of A Conflict Of Interest Be Vaild If The Attorney Only Disclosed 2 names but it was 4 witnesses?
Michael I. Leonard
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answered on May 2, 2024

Meaning that the attorney previously represented 4 of the witnesses in the case against you? All potential conflicts must be disclosed.

1 Answer | Asked in Criminal Law for Illinois on
Q: I was watching the police video of Dexter Reed incident? Why were their plain clothed officers for a seatbelt violation?

Just like every other normal citizen I don’t have access to all the footage to make a determination of what exactly went down. But in the clip I saw a plain clothed officer point a gun and say get out of the car not announcing he was police at that point. Does that pose a threat to Dexter to... View More

Michael I. Leonard
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answered on May 2, 2024

Really good questions and insight. Clearly, members of law enforcement can be either in uniform or plain clothes, and of course may make, or participate in traffic stops. They need to announce their office, otherwise it is true that the individual may not even know or realize the individual or... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Hi, recently arrested for trespassing into empty storage units. Nothing stolen, have no criminal record.

Officers charged me with Attempted burglary, possession of burglary tools, and criminal damage to property; because of broken lock. These serious felonies? What "typical" outcome? Thank you

Michael I. Leonard
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answered on May 2, 2024

There is no "typical" outcome. There are many possibilities based upon the individual facts of your case; the laws under which you have been charged; your own criminal history (or lack of it); and the prosecutor and jurisdiction you are in. Quite often, pleas of guilty are negotiated... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: I am being railroaded by the entire judicial system in Illinois I am desperately seeking help for I end up in prison!

There is some to this case and I don't have the room to put it all in I do have a narrative of anyone is willing to help me! They trying to lock me in prison for something I was no part. I need someone willing to help me please! I do not deserve this.

Michael I. Leonard
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answered on May 2, 2024

It is difficult to answer your question without knowing a whole lot more information about the case that you are defending against. If you do not have counsel, you should contact competent counsel and explain in detail the facts, circumstances, and procedural posture of your case.

1 Answer | Asked in Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the state indict you Or just federal?
Cheryl Powell
Cheryl Powell
answered on Mar 25, 2024

Indictments are handed down by grand juries at both the federal and state level.

1 Answer | Asked in Criminal Law for Illinois on
Q: i was recently arrested (shamefully) for breaking into a couple of empty storage units.

I did cut locks off. There was no theft or damage to property. Police arrested me without letting me know why. They showed me broken locks and photo of me at storage units. I (mistakenly) admitted to it, they released me. With THREE felony charges!! Attempted Burglary, possession of burglary... View More

Cheryl Powell
Cheryl Powell
answered on Mar 22, 2024

Your lawyer will have to tell you the best case scenario based on the discovery from the state. If you cannot afford a lawyer, one will be appointed to you. The best case scenario also varies by jurisdictions.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: My attorney has left numerous voicemails and emails to the state's attorney yet no phone call returned. It's been a mont
Cheryl Powell
Cheryl Powell
answered on Mar 20, 2024

State's attorney's are never great at returning calls. Their caseloads are just too high. Usually it is easier to catch them at court. Does your lawyer not work there regularly?

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: “FAIL” sobriety test sobriety SOBER. I have a Knee injury and medical issues. Can I use this as the cause for failing?

I was pulled over for running around a car at a stop sign. Was asked the common questions was I drinking or using drugs etc. I said no i only take sleeping aid medication and aderall in the mornings. I was just visiting my mother it was around 2:30pm in the afternoon.

I only did the... View More

Cheryl Powell
Cheryl Powell
answered on Mar 10, 2024

Yrs, those are reasons why someone might fail a field sobriety test. You need to hire a lawyer who specializes in duis immediately!

1 Answer | Asked in Criminal Law for Illinois on
Q: I was riding my 4 wheeler with a friend on the back I was not drinking but my passenger was we wrecked can she sue me
Cheryl Powell
Cheryl Powell
answered on Feb 29, 2024

This would not be a criminal case. If she sued you it would likely be based

On civil law, negligence. You may have done something negligent. I don't know and do not practice in this area. Please contact a lawyer who does.

1 Answer | Asked in Criminal Law for Illinois on
Q: On facebook marketplace I traded my truck for a motorcycle and it came back stolen what do i do now
Cheryl Powell
Cheryl Powell
answered on Feb 21, 2024

REPORT IT TO THE POLICE.You were the victim of a fraudulent conveyance of a motorcycle. If the same people have your truck still, you should be able to get it back.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Illinois on
Q: I’m am looking to see who can I find to look into his case as he was falsely accused has been there for 29yrs
James L. Arrasmith
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answered on Jan 5, 2024

For your friend who has been in prison for 29 years on what you believe to be false charges, seeking legal assistance is crucial. Start by looking for an attorney experienced in criminal defense, particularly one who has handled wrongful conviction cases. These attorneys are skilled in reviewing... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if the State doesn’t honor their plea deal

I took a plea deal for probation for criminal cases and traffic cases combined to come off my record and they never put my Traffic in the deal.. so I signed and it benefited my license none and that was the whole point

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

If you think an error was made, and you had a lawyer, you should talk to that person. If no lawyer, then talk to the prosecutor you made the deal with and see if they will make it right. Do so asap. If that doesn't work, hire a lawyer.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal for a cop to break into a lockbox without a warrant & are the supposed to appoint public defender on CM?

Courts refused to appoint a public defender

Cheryl Powell
Cheryl Powell
answered on Dec 14, 2023

PD's have to be appointed if you are incom eligible and looking at jail time. It would seem a warrant would be required but its hard to tell without knowing all the facts.

1 Answer | Asked in Elder Law, Criminal Law and Civil Rights for Illinois on
Q: I’m permanently disabled. I need caregiving 10 hrs a week at 54. I survived DV . I then experienced legal abuse. All I d

Was trust my attorney. She did no ERISA discovery or Private, my ex wife hid assets securing my support. My second lawyer w held my ERISA Alt Payee rights before settlement. He used her 1/3 VFI to write settlement. In podt judgement I discovered she had a -250,000 ADB , 1x Desth Benefit decrease... View More

Cheryl Powell
Cheryl Powell
answered on Nov 5, 2023

Your issue is too complex for this forum. Take your papers to an experienced family law lawyer.

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 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.

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