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Illinois Criminal Law Questions & Answers
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.

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.

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
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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.

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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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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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.

1 Answer | Asked in Criminal Law, Banking, Libel & Slander and White Collar Crime for Illinois on
Q: How can I vacate a plea representing myself?
T. Augustus Claus
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answered on Jul 4, 2023

The motion to vacate the plea would need to demonstrate a valid legal basis, such as new evidence, ineffective assistance of counsel, or a violation of your constitutional rights.

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Federal Crimes for Illinois on
Q: Someone forged my signature in order to collect a TOD account that I was beneficiary to. Bank did not obtain proper I.D.
Michael Goldberg
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Michael Goldberg
answered on May 25, 2023

You may have a claim against the bank for failing to properly ID the person withdrawing the assets. I recommend speaking with a lawyer to discuss your options.

1 Answer | Asked in Criminal Law, Family Law, Civil Litigation and Legal Malpractice for Illinois on
Q: During a plenary order of protection hearing my attorney failed to present the evidence and witnesses

My attorney obtained subpoenas for the sheriff’s and got a statement that supported my innocence. There was also video to support. However on the day of the hearing she went into another room with opposing counsel and came out telling me there was a warrant for me violating the order of... View More

Clyde Guilamo
Clyde Guilamo
answered on Feb 21, 2023

Hello. I'm sorry to hear that all of that happened to you. Unfortunately, you did not actually include a question to answer. Try re-writing the question.

1 Answer | Asked in Criminal Law for Illinois on
Q: Ok so I have a question about my ex and my sister and brother and my ex's son stalking me with a illegal neural network.

They have it connected with a crystal radio and a loop antenna that is special order for my brainwave , they got is connected with no wires because they got a single acquisition with a microcontroller and have a signal amplifier and stabilizer, you can train a p300 with only one electrode, they use... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 16, 2022

I suggest meeting with a licensed mental health counselor of your choice to discuss your recent observations at the very least.

1 Answer | Asked in Criminal Law for Illinois on
Q: What happens if you get get charged with trespassing on a bench trail in Illinois

He was served a ticket and court date. On his first court date he pled innocent so the judge is doing a bench trial in January now!

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Nov 16, 2022

Without gathering more case information is is impossible for anyone to suggest the next court event. The facts are the case is a state Misdemeanor Class A, and it is still pending with the next court date in January of 2023.

I recommend for the defendant discussing the case with a...
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1 Answer | Asked in Criminal Law and Constitutional Law for Illinois on
Q: Can not having a foid card prevent getting this charge vacated?

I was charged with 2 counts of the auuw statute that was found unconstitutional in people vs aguilar. I filed a petition for relief from judgement, but was denied because the second charge was for not possessing a foid card. Was this ruling accurate?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 31, 2022

At the time of the alleged criminal offense absence of the FOID card becomes a strict liability issue ( either you have it or not at the time), however, these issues have a potential to mitigate with an experienced counsel.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Internet Law for Illinois on
Q: I was charged with domestic battery but it was dropped to just a battery at the end. Why we’re my guns rights taken away

I wasn’t convicted of the domestic battery just convicted of battery

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 21, 2022

Because that type of crime affects one’s eligibility to handle firearms in Illinois. Consider retaining a good defense counsel to dispose of the battery case correctly.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Illinois on
Q: I am the boyfriend of a parent and her son is being questioned, fingerprinted,etc. Why can I not go back with them?

Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Oct 11, 2022

As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

1 Answer | Asked in Criminal Law for Illinois on
Q: Is it wise to secure the legal services of a criminal defense attorney before they are actually needed

I've been under persistent, but not constant, long term surveillance by the police. They seem to be monitoring my travel habits specifically. I'm not aware of being involved in any unlawful activity. It makes me nervous, i might be charged/arrested for something ( what i don't know)... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2022

It is very prudent to discuss your potential exposure to ANY prospective criminal charges BEFORE they appear with an experienced defense counsel in confidence without any delay. Here is why: your immediate personal conduct, statements and actions may play a critical part in either getting you... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Internet Law and Criminal Law for Illinois on
Q: what to do when police and media publish false statements to community of a person arrested for 1st degree murder

our small town corruption is all over this town the police are bias to me and my family to a point they do not help us and crimes commited against us are either flipped or completely ignored all together like a home invasion was committed at my home i had it on video and the police caught them in... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

Any criminal arrest may be discovered publicly. The charging decision lies with the prosecution after a felony review, based on the police investigation and other existing evidence.

1 Answer | Asked in Criminal Law for Illinois on
Q: do you go to jail of the arraignment date for a gun charge?
Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 31, 2022

No.

Arraignment is just a formal procedure to present criminal charges on the record in court requiring the defendant to verbally plea. (State on the record whether the defendant pleas guilty or not guilty, essentially).

Naturally, all other collateral aspects of the...
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2 Answers | Asked in Criminal Law for Illinois on
Q: what happens at an arraignment
Alan E. Jones
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Alan E. Jones
answered on Aug 31, 2022

At an arraignment, several things will happen in court. The judge advises the defendant of the charges - including exactly what is alleged, what the maximum possible penalty is within the law and then the judge will enter the defendant's initial plea of not guilty. Then the judge will order... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: Is it legal to pull some one over for an exposed licence plate light

Was pulled over for exposed licence plate light however working then searched and arrested for possession of less than 5 grams of meth can I fight the reason of being pulled over to make it an iligal search and seazure

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 30, 2022

The police has a legitimate probable cause to stop the vehicle with non compliant license plate. Furthermore, the police does not need a search warrant for a traffic stop search with a subsequently developed articulable reasonable suspicion or probable cause.

You may review your legal...
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1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Federal Crimes for Illinois on
Q: I would like to file a civil lawsuit against someone for money that was borrowed, fraud, and emotional distress.

I am from Illinois but the individual has moved to New York. The amount is over $10,000. I am currently in litigation with this person for a different matter. If I file a civil suit, would I be able to serve him during our upcoming family court hearing (it's via Zoom)? We both have attorneys.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 9, 2022

You are represented by a licensed counsel and it would be improper to suggest any course of action remotely without any case familiarity or case review by anyone.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Illinois on
Q: What if a parent refuses to surrender their child for the other parents parenting time over a lengthy course of time?

Does the affirmative defense to child abduction that " (1) the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation" apply if the person has partial custody of the child but detains them for... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

Hard to say without knowing more about the case. In any event the primary document of allocation of parental responsibilities may provide an affirmative defense to that criminal allegation.

However, if you ask that question, it seems you need a criminal attorney yesterday.

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