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Illinois Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Illinois on
Q: Should parent of minor communicate with the State's Attorney, before court, about a ticket her child received?

The officer received a phone report of a white truck driving fast on a rural road. The officer pulled the minor over as he was leaving a bank drive thru (driving 10 mph). The minor was scared because he had a small amount of state dispensary marijuana in his truck. He immediately handed it to the... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 25, 2020

Ansolutely not. Discuss the case with some criminal defense lawyers and hire one.

1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Can i transfer a dcfs case out of state

I have court july 9th 2020

Cheryl Powell
Cheryl Powell answered on May 22, 2020

It is possible for a judge to do that.

1 Answer | Asked in Juvenile Law for Illinois on
Q: I’m 16 and I turn 17 in July if I runaway will I be in any legal trouble

I’m also interested in emancipation I just need to get out this house and away from these people running away and emancipation is my only choice

Cheryl Powell
Cheryl Powell answered on May 9, 2020

The law is that emancipation happens at age 18. Very few people f ind that emancipation works.

1 Answer | Asked in Family Law, Civil Rights, Gov & Administrative Law and Juvenile Law for Illinois on
Q: I live in Illinois and I have consent from both my parents. I am 16 do I need to be emancipated or may I move out?

They both have given me complete consent and I am wondering if I need to go to court for emancipation or if I may tell them I am moving out now. Which they would be fine with. I'm just wondering if it is legal or not? Would the police send me home if they found me? I have a job I make 200-400... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Your statement that you would be willing to live on the streets is proof of your lack of maturity. If the police find you, yes, they will turn you over to your parents. Then family services is supposed to help you and your parents work things out so you can come home. So, yes, you would need an... Read more »

1 Answer | Asked in Juvenile Law and Small Claims for Illinois on
Q: Me and my mom cosigned a car together, if I take the car and don't pay my half of the car, can she do anything

I am 17 years old and I don't want to see my mother when I leave my home to go to college. I begged my mum to let me buy a 3000 dollar car, instead, she bought a 20k car and now I pay 150 a month and she does too. I work part-time and make less than 400 a month. When college begins I... Read more »

Cheryl Powell
Cheryl Powell answered on May 7, 2020

Typically, a car cannot be owned by a 17 year old, so her name must be on the title. Is yours on there too? If you stop paying, then she may stop paying, and the car will likely be repossessed.

1 Answer | Asked in Criminal Law, Constitutional Law, Government Contracts and Juvenile Law for Illinois on
Q: I got pulled over after getting caught stealing from a gas station and that day was my last day of court supervision

I was just wondering is that going to go against it because by then I will have my court date in a few weeks away I would also like to add I’m a minor and was under the influence and they breathalyzer but they just let me go and said they send the tickets in the mail I’ve dealt with cops a lot... Read more »

Juan Ooink
Juan Ooink answered on Mar 23, 2020

Your Court Supervision should be fine, but you really need to have your parents hire a criminal defense attorney for you in order to assist you with these new charges. The sooner an attorney is hired, the better.

1 Answer | Asked in Juvenile Law for Illinois on
Q: can my son be petitioned to juvenile court for not signing something saying he’s guilty of something he’s not?

my 12 yr old was asked to sign a station adjustment for an alleged battery and I told them no, so they want to petition Him to juvenile court. Does this mean he will be arrested? Do I need to bring him in when he didn’t commit the crime or will they issue a warrant?

William Wolf
William Wolf answered on Mar 14, 2020

Yes. It means he will be charged with an offense and go to juvenile court to answer to it.

He can have an adjudication hearing, which is a bench trial where the State has to prove to the judge that he is delinquent (guilty) beyond a reasonable doubt.

If he is found not delinquent,...
Read more »

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...
Read more »

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... Read 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...
Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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