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Illinois Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Illinois on
Q: I'm 16 and live in illinois. I want to be emancipated from my parents. How do I do that? My home is unsafe to live i

My house is in awful condition. Its unfit and unsafe to live here. My parents wobt consent to my emancipation and may become violent. I have people that would let me live with them. I dont know what to do.

James G. Ahlberg
James G. Ahlberg
answered on Mar 14, 2020

It's not easy. To learn how it is done, go to this website: http://www.ilga.gov/legislation/ilcs/ilcs.asp

On the window that opens, click on Chapter 750 FAMILIES.

On the next window that opens, click on 750 ILCS 30/ Emancipation of Minors Act.

Pay particular attention...
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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Can you tell me the maximum and mandatory sentence for a juvenile charged with Murder/intent to kill? In Rock Island, il

I was made aware of possible change to number of years for this charge

William Wolf
William Wolf
answered on Jan 18, 2020

Your question requires more information. If you're asking this question on the juvenile's behalf, you really need to be asking this question of his or her lawyer.

I assume that this juvenile is being charged as an adult. The minimum for first degree murder is 20 years in the...
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2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for Illinois on
Q: My 12 yr old son told me he exchanged photos of his private parts w/ a girl his age on their phones. Do I need a lawyer?

My son deleted the pics but she shared his with someone at school - not sure how far it's gone. He doesn't even know why he did it, is ashamed, will never do it again but has been getting bullied. We talked to his therapist but she was only helpful for his mental health. I am not sure... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 10, 2020

As a practical matter you don't need a lawyer until the police or the school gets actively involved in the situation.

In the meantime, think of all the TV dramas you've seen where someone is warned "You have the right to remain silent. Anything you say can and will be used...
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1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: what are the consequences for a 15 yr old who is being charged with unlawful videotaping another person? In Illinois
Brian Morgan
Brian Morgan
answered on Nov 13, 2019

In any juvenile case, you can be placed on Continuance under supervision, which is like Court Supervision in adult court, to being placed in the Juvenile Department of Corrections. Factors that typically go in to the decision of punishment are severity of the crime and the Minor's prior... View More

2 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: In Illinois can a 16 year old minor be used by law enforcement as a confidential informant to carry out controlled buys

N/A

Brian Morgan
Brian Morgan
answered on Nov 13, 2019

Can and should are two different things. All confidential informants are suspect based on the sole proposition that their identity is being concealed from not only the general public, but the people in which they are engaging in illegal activities with. Often times these informants have biases or... View More

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1 Answer | Asked in Juvenile Law for Illinois on
Q: Can I hug a 15 year old if i am 18 i just want to make sure before I hug my friend is ig illegal or not
Cheryl Powell
Cheryl Powell
answered on Oct 30, 2019

Since you are asking the question, no, you should not. A minor has to be aged 17 to consent to any touching behavior.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: My mom claims that she signed a document in Alabama that will not let me move out until I'm 19.

I live in Illinois now and I want to move out when I'm 18. What I want to know is if even though I turn 18 can she still stop me from moving out legally or if I can move out without her consent?

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2019

Once you're 18 years old you're legally an adult. You can move out without her consent unless you are developmentally disabled and she is your court-appointed guardian. This is rare. You would know if this happened since the court proceedings would have been within the past year and you... View More

1 Answer | Asked in Civil Litigation and Juvenile Law for Illinois on
Q: After possession of alcohol in school and a run away attempt, am I legally aloud to leave the house as a minor alone?

I was recently caught with alcohol at school, and I am now serving 2 weeks of detention and a drug awareness program. On the same day I was caught, I ran away for a few hours and my parents filed a missing persons case. After I was found, I was allowed to freely return home with my father. When... View More

William Wolf
William Wolf
answered on May 11, 2019

You have to follow your parents rules.

You're lucky that the police are settling things with your parents and not taking this matter to juvenile court.

You don't want to have to deal with a juvenile court judge.

1 Answer | Asked in Juvenile Law for Illinois on
Q: Can a minor in Illinois own property?
James G. Ahlberg
James G. Ahlberg
answered on Apr 18, 2019

In a legal sense, no, particularly in the sense of a vehicle or other item requiring an actual title. If a minor was left property in a will it is typically held for the minor's benefit by someone appointed by the court as a guardian of their estate for that purpose, for example.

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: 17 year old Year high school girl Got jumped inside the school by three girl the 17-year-old hit one of the girls with

Combination lock can parents press charges against 17 girl or go to jail

David J. Winer
David J. Winer
answered on Jan 13, 2019

This is a matter with the police and school officials who should make a decision decide whether any charges or school discipline is warranted in this situation

2 Answers | Asked in Juvenile Law for Illinois on
Q: My son's girlfriend lied about her age and it turns out she's much younger than she told him.

He's worried about getting in trouble for sexual involvement with a minor. Could he still be charged even though she lied and he was innocent?

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2018

It depend. Make sure she does not get pregnant. Unless her parents get mad at him, it is unlikely that anyone else will care.

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2 Answers | Asked in Juvenile Law for Illinois on
Q: My husband has been accused of lifting my 9 year old covers at night 3 times and looking at her. He didn't touch her

My niece said he never touched her but was creeped out and scared. My husband denies it. I have never seen any innappropristen behavior. I was present on the occasions and did not see ant innapropriate behavior. No sexual activity occurred. It creeped my niece out. Could this be a legal issue?

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2018

Potentially.

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2 Answers | Asked in Juvenile Law for Illinois on
Q: Can a juvenile in IL be charged with a felony if damage is under $600.00?

If police did not see juvenile commit alleged charges how can they convict juvenile? How can police convict juvenile of charges alleged by other juveniles supposedly made in a report under duress? What happens to juvenile's civil right if previous record had not been expunged by police dept... View More

William Wolf
William Wolf
answered on Oct 5, 2018

You're asking a number of questions here. You really need to talk to a defense lawyer privately to get a more detailed response.

Can a juvenile in IL be charged with a felony if damage is under $600.00?

Yes. There's more than one way it could be charged to make it a...
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1 Answer | Asked in Juvenile Law for Illinois on
Q: can i sue a child to go to school

i am a legal guardian of a 15 year old grand daughter who refuses to go to school can i take legal action and get a court order that she attend school so i am not the one fined by the state for her not attending school ? she use the system against me saying there is nothing i can do to force her to... View More

William Wolf
William Wolf
answered on Oct 2, 2018

I would consult with an attorney with experience in Juvenile Court regarding what are called no fault dependency petitions and minors requiring authoritative intervention petitions. If it's that bad that you want to have the court system involved, then this may be the way to go to show that... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Hi I am a mother of a 17 year old

Can a motion to lift a stay apply if the juvenile completed his term of parole? And if an EJJ was never filed how can they try to lift a motion for stay?

William Wolf
William Wolf
answered on Sep 30, 2018

There's not enough information here to answer your question. A motion to lift a stay of what?

I would either contact the lawyer who represented him in the first place, or contact a criminal defense lawyer for a private consultation to discuss your son's issues to discuss the best...
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3 Answers | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Daughter was written ticket for something she didnt do, how do I defend her against an officer?

Students witnessed and confirmed she didnt push another student..the school sent her back to class. School resource officer pulls her out of class and writes her a ticket for pushing her..she refuses to sign it and tells him to call her mom. He says he will not call me and told her to sign the... View More

Juan Ooink
Juan Ooink
answered on Sep 20, 2018

Hire an attorney to defend your daughter. That is the best way you can help her.

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1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Is there a law in Illinios against using a paddle on your teenage child? This paddle is exactly 6"X3".

Thank you in advance for any assistance you can provide. We were told in 11/17 by DCFS that this paddle was legal and even told us as they were walking out the door that we should "buy a bigger paddle." My husband used the paddle once and only two of my three kids (both 14yrs old) were... View More

T. J. Jesky
T. J. Jesky
answered on Sep 16, 2018

It is a difficult to understand the fine line between legitimate corporal punishment (that is, physically disciplining a child using a hand or foot, switch, belt, or 6 x 3 paddle) and child abuse. Illinois Compiled Statute 325 ILCS 5/3 defines an abused child as one who has had “excessive... View More

1 Answer | Asked in Juvenile Law for Illinois on
Q: If a seventeen year old's case is making its way through a juvenile court system and they turn eighteen, does the

remainder of their case have to be tried in regular court?

Cheryl Powell
Cheryl Powell
answered on Sep 1, 2018

No, they stay in juvenile court.

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: Can a be police officer question or interigate my 14 year old daughter without me or a lawyer in the room with he

Berwyn illinois

James G. Dimeas
PREMIUM
James G. Dimeas
answered on May 17, 2018

The law was changed in 2016 to require that an attorney be present during the questioning of a minor that is being questioned for sex case or murder case up to the age of 15. For minors under the age of 15 the police must read them a simplified version of their Miranda rights which stresses their... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Illinois on
Q: I’m 18. 19 in may. She’s 16. 17 in October. We think she’s pregnant. Can I go to jail?
James G. Ahlberg
James G. Ahlberg
answered on Apr 9, 2018

The Illinois Criminal Code provides that a person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim. Depending on... View More

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