Illinois Criminal Defense Legal Questions

   Trying to  local old records and ascertain the disposition of an old case can be an arduous process. From your posting you indicate that you were charged with a felony but believe it was dropped to a misdemeanor.  It is difficult to know if you wrote to the clerk's office or obtained a criminal history from the police department. There are certain steps that can be taken to correct an incorrect case disposition if the court records are obtained and can confirm the actual outcome.    Please contact an experienced attorney who can help you through this process. Depending on the ultimate disposition of your case and whether it was in fact a misdemeanor, it may be possible to seal, or even expunge the case. Please contact experienced counsel.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   Please contact an attorney who is experienced in criminal and juvenile law immediately. There may have been statements made to DCFS which could possibly be used against your son.    You should have the attorney deal with law enforcement from this time forward. It is possible that your son will be detained but also possible that he will not. Additionally, DCFS may indicate your son for sexual abuse which could impact his future. That matter may be appealed administratively.   Again, this is a serious matter. Please contact experienced counsel. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

    Cases do not automatically disappear from someone's record even if the case is dismissed. The filing fees for expungements vary per county. It is correct, that there is some free assistance to fill out the expungement paperwork, if one is eligible, from some agencies in Cook County. Those agencies will not follow up to ensure that the law enforcement agencies have complied with court orders, however. Only retained counsel will do so, if necessary.    This posting is for informational purposes only. It does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com www.facebook.com/chicagodefense... Read Answer

Dear Guadalupe:    In order to become a lawyer, you need to graduate from law school and pass the bar examination. The traditional route is to finish high school, do well in college and then go to law school. If you are serious about wanting to become a lawyer, please study hard. Many high schools have elective classes that include legal issues and/or high school mock trials. If you are looking to become a trial lawyer, if your high school offers debate classes or a debate team, that would be helpful too.    Good luck!     The above-posting is not legal advice nor does it establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com www.facebook.com/chicagodefense... Read Answer

   If you are charged with criminal damage to property, you are charged with a crime. You need to consult with an experienced criminal defense attorney as soon as possible. Depending on the county, and some times the court house within the county, these offenses are treated differently. A lawyer will know how to advise you of your options.   You certainly do not want to confer with a prosecutor without being represented by counsel.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

     It is unclear from your question what the offense was that you were charged with in 2007 and whether or not you were convicted of that charge. Whether or not you may be able to get the case expunged, or possibly sealed, is dependent on that information. Please contact an experienced criminal defense attorney as soon as possible to help assist you.      This posting is for informational purposes only. It does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com www.facebook.com/chicagodefense... Read Answer

   Assuming a person is convicted of first degree murder and not a lesser offense, the Illinois Unified Code of Corrections at 730 ILCS 5/5-4.5-20  reads as follows: "Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first degree murder:    (a) TERM. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). Imprisonment shall be for a determinate term of (1) not less than 20 years and not more than 60 years; (2) not less than 60 years and not more than 100 years when an extended term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1)."      Should you or a loved one be charged with such a serious offense, you should contact an experienced defense attorney immediately.    This posting is meant for informational purposes only. It does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle Street, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com www.facebook.com/chicagodefense Twitter: @LoriLevin... Read Answer

  The misdemeanor charge of assault may be found at 720 ILCS 5/12-1(a). With regard to the offense of assault, the statute reads: "Sec. 12-1. Assault.     (a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.    (b) Sentence. Assault is a Class C misdemeanor.    (c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.    This subsection does not apply when the court imposes a sentence of incarceration."     Should you or a loved one be charged with this offense or any other, it is always advisable to contact an experienced criminal defense attorney.   This posting is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

   Please contact an attorney who handles DCFS Administrative Appeals as soon as possible. DCFS offers expedited administrative appeals for child care workers who are indicated in such matters. The Department bears the burden of sustaining the finding. Should the finding remain, there are implications for you as well as your business.    Although you have listed this under criminal law, this is an administrative finding. Of course, there is always the possibility of a parallel criminal proceeding.    This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties.   Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read Answer

If you took merchandise held for sale, you will probably be charged with retail theft. If you took someone's personal $100 gift card while you were at work, you will probably be charged with theft. Both offenses are Class A Misdemeanors, punishable with a maximum fine of $2,500 and 364 days in the County Jail.  Retail Theft also has a special section that allows retailers to sue you in civil court to collect extra money.   Your options are to represent yourself or hire a private attorney. In circumstances in which you cannot afford a private attorney, you can request the services of a Public Defender. You will likely receive an offer from the State's Attorney if you wish to plead guilty. If you do not like the State's Attorney's Offer, you may also plead guilty and ask the Judge to sentence you.  If you do not wish to plead guilty, you may ask for a trial. A trial can be a bench trial in front of a judge only, or a jury trial in front of 12 members of your local County or community.  If you are found not guilty, you are free to go. If you are found guilty, you will be sentenced up to the maximum sentence permissible. If you do not know what to do, hiring a private attorney or requesting a public defender are good first steps.    ... Read Answer

You can be charged with the possession crime. The issue is whether the cops got the evidence in a legal way.  You are saying they didn't.  It sounds like there might be an issue there.  If the cops did not get the evidence in a legal way, the paraphernalia is usually suppressed and the State will usually dismiss because they don't have any way to prove their case against you.  The way to challenge the stop/search is a "motion to suppress".    ... Read Answer

Possession does not require a gun to be "on" a person.  All it requires is that your brother had the ability and intent to exercise possession over an object. It can be inferred if they knew the gun was there but did not take steps to get rid of it, that there was also voluntary possession.  The classic case is drugs, where there is one baggie and it is on the kitchen table.  That can be enough to get the people who live in the residence. I would not put much stock in a boot camp offer = no evidence.  Sometimes, boot camp is just the right offer to make.  Here are the questions your brother's attorney should be answering:  (1) Do they have the evidence to convict him? If your brother's attorney thinks they have enough to convict him, your brother should probably listen to him and not some other attorney just talking unless he's willing to put his money in that other attorney's hands.  Your brother's attorney is going to be the one with the case file, and they should know what the facts are better than some "other attorney" who has not been hired. (2) Will your brother get a fair trial?  What makes your brother think he will get a fair trial?  Everyone has different definitions of fair.  I have seen more than one Defendant look out into the sea of potential jurors and rapidly change their opinion on whether they are going to get a fair trial.           ... Read Answer

It depends on what two counties you are talking about. Some counties communicate better than others. If your two counties are very far away, they will probably not communicate very well.  If the Counties are right next to each other, they may know about your outstanding warrant, but most times on a relatively minor charge like aggravated assault they will not know about the warrant from a neighboring county.  ... Read Answer

Illinois is required to provide you with an attorney if you cannot afford representation.  That does not mean Illinois is required to provide you with an attorney of your liking.  He can ask the Court for a different Public Defender (assuming that's what he has), or else he can hire his own private attorney.    ... Read Answer

It depends on the type of case.  Sometimes they don't want to let you out without checking into your story.  Sometimes they want to see if you were "cooperative" or whether you were a "jerk" to the detective.  Sometimes they don't want the bad publicity involved with releasing somebody before the detective has finished the investigation.  Detectives and State's Attorney's work together on a daily basis, so often it is just a courtesy call.  State's Attorney's want to keep detectives happy, and best way to do that is to not toss away their hard work for an easy plea deal.        ... Read Answer