Illinois Recent Legal Answers from Lawyers

Depending on how much trouble she's in, of course. People who are facing lots of prison time are encouraged to give someone else up by law enforcement, prosecutors, and their own lawyers.  The problem is, sometimes that person who's cutting a deal to try to save their own skin is telling the truth, and sometimes they aren't. Sometimes the lies are really convincing. And sometimes, law enforcement doesn't care and buys into the lie anyway.  You need a criminal defense lawyer.  If you're questioned by law enforcement, don't lie about who you are or refuse to answer, but in response to any other question, you should tell the police:  1. that you want to invoke your right to remain silent, and  2. that you want to have your lawyer present during any questioning.    That should be your answer to all questions.  And assume anyone that you're talking to is trying to cut a deal to help themselves. Don't talk to anyone about this but the lawyer you hire.     ... Read Answer

Because it's against the law. Here is the text of the statute, partially highlighted by me:   (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.   "By any means" means exactly that.  If I throw a rock at someone's face, that's just as much against the law as my punching that person in the face.  Or butt. It makes no difference. It's no defense to say "I never touched him, the rock I threw did."  ... Read Answer

I am not sure what abusive means. If hes's committed a crime towards you, he can be arrested, but then he's not paying the rent and utilities.  You're both on the lease. I don't see what right you would have to just evict him.  You could seek a domestic order of protection which gives the judge an option of awarding you custody of the home and banishing him from the home, at least temporarily.  Or you could move out and go elsewhere. That's probably your best option. ... Read Answer

Yes. He is great risk of legal trouble.  He is facing charges of contributing to the delinquency of a minor. Furthermore, while the age of consent for sexual contact is 17 in the State of Illinois, if it can be proven that he had any sexual contact with you before you turned 17, he can be facing serious felony charges involving sexual assault or sexual abuse of a minor which can mean prison and registration as a sex offender.  He needs to consult with a criminal defense lawyer immediately before law enforcement arrests him.   ... Read Answer

I am not sure what you mean by open murder or 3 offense gun charge.  If you're speaking of first degree murder in the State of Illinois, that generally carries a minimum 20 years and a maximum 60 years. There are some exceptions that can raise the sentencing range.  This time is served at 100 percent, meaning no good time credit is available. So a 20 year sentence means 20 actual years.  If a firearm is used during the offense, this significantly increases the sentencing range (as opposed to using any other weapon).  If a weapon is possessed during the murder, the judge must increase anyone's sentence by 15 years.  That makes the sentencing range 35-75, with no good time.  If a weapon is fired, whoever personally discharged that firearm faces a mandatory 20 year increase.   That makes the sentencing range 40-80, with no good time.  And if someone personally discharges a firearm that causes death or great bodily harm to a crime victim, that means a sentencing add on of anywhere from 25 years to life in prison.  So where someone who stabs another to death is generally looking at 20-60 years, one who shoots another to death is looking at a 45 year minimum with a maximum of life in prison.    I hope this helps. ... Read Answer

I doubt it, but you and your husband really need to talk to the lawyer who handled his case about how to expedite sending him to the State that wants him. That's especially problematic now during this Coronavirus crisis.  You don't mention what the hold is for, so it's very difficult to do anything other than speculate, but perhaps with a few phone calls and letters from a good lawyer, one can see if that State really wants to go to the trouble right now.  Many lawyers handle extradition matters which are sometimes a part of criminal defense practice. ... Read Answer

  Lawyers' offices do make mistakes although these appear to be errors that should have been caught. To the question of whether you can use white out, U.S.C.I.S. is mainly interested in having readable applications and petitions with correct information. In our experience, it does not reject readable applications or petitions with white outs. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The income of the foreign national who is applying for a green card based on marriage to a US citizen, can be counted as income needed to meet the financial thresholds required. However, that income can only count if it is acquired during the time the foreign national (you) has legal permission to work in the US. Additionally, if you can't meet the minimum income financial requirements based on your sponsors or your income, you can alternatively use your own assets to qualify. This is a formula that factors in household size, income and assets and varies on a case by case basis. ... Read Answer

Contact a local probate lawyer.  A Will has no local effect until it is admitted to probate (proving).  The duty of the executor named in the Will and appointed by the court is to collect the assets, pay the debts and distribute the rest according to the terms of the Will.  In many states any beneficiary named in the Will can demand an accounting a certain period after the court appoints and executor and if distributions are not made after a certain period ask the court to replace the executor.  The widow is not entitled to convert the estate's assets to her own contrary to the express provisions of the Will.... Read Answer

You have a very short window to get a review. Was this a marriage case. If so do you suspect that the examiner determined that the marriage was fraudulent. If not it may be that you didn't bring the required documents to your interview. Have a free private phone conference with counsel. Counsel anywhere in the USA can represent you. ... Read Answer

You should retain a criminal defense lawyer who can go to the Clerk's Office, review the court records, and compare that to what you have to say to prepare to make the best presentation possible.  The bottom line is that since you have a warrant, you need to turn yourself in. The best way to possibly do that is to have your lawyer file what is called a motion to quash the arrest warrant. In plain English, that means that it's a request for the judge to tear up the warrant and not take you into custody.  Then, on that court date, the lawyer and you appear so the argument can best be made to keep you out of custody.  This should be done immediately. The longer you wait, the worse your chances are of remaining out of custody.    Hope this helps. ... Read Answer

He should retain a criminal defense lawyer who can go to the Clerk's Office, review the court records, and compare that to what your grandson has to say to prepare to make the best presentation possible.  The bottom line is that since he has a warrant, your grandson needs to turn himself in. The best way to possibly do that is to have the lawyer file what is called a motion to quash the arrest warrant. In plain English, that means that it's a request for the judge to tear up the warrant and not take your grandson into custody.  Then, on that court date, the lawyer and your grandson appears so the argument can best be made to keep your grandson out of custody.  This should be done immediately. The longer your grandson waits, the worse his chances are of remaining out of custody.  Hope this helps. ... Read Answer