Illinois Criminal Defense Legal Questions

Probably more specificity needed to answer this question. For example, if they are doing it through the telephone, there is a charge for telephone harassment that may apply. If they are doing it through text, there is a charge for harassment by electronic communications that may apply. If they are doing it in person though, there must be some sort of belief that you're about to be struck in some way.    ... Read Answer

A skilled traffic defense attorney, like me, would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights & driving privileges.... Read Answer

There's no way to give a straight forward answer without knowing the facts because there are exceptions to the rule. For example, what if the Telephone Harassment was related to fraud?  Then there is an extended statute of limitations period.  What if it was a continuing course of conduct?    The GENERAL rule is that a misdemeanor must be charged within 18 months, and a felony must be charged within 3 years.  720 ILCS 5/3-6.  That does not mean the case must be resolved within 18 months, merely proceedings must have begun.     ... Read Answer

No.  They do not need to read you your rights unless you are under arrest, and then are asked to make inculpatory statements.  Whether you are under arrest or not is a question for the Judge to decide using something called the "Mendenhall Factors".  If you were only temporarily detained for questioning then there may have been no constitutional violation and therefore no suppression of the evidence.  Please contact a local attorney to determine whether you have a valid basis for a motion to suppress.    ... Read Answer

They cannot threaten you with prosecution for failure to pay a debt. On the other hand, writing a bad check (I assume that was for the car) for $1,000 is grand larceny, a felony. So, first, make good on the check. Then see if you can work out a payment plan. Many of my bankruptcy clients come to me because they have numerous small or minor debts that they can barely manage, and then the repo hits and everything goes down the tubes.... Read Answer

If you have a felony warrant outstanding in another state, you can be arrested at any time in IL, period, so it would not be a good idea to be applying for Medicaid and drawing attention to yourself. A skilled criminal defense attorney, like me, would need to discuss this matter with you in greater detail, and ask you many questions, in order to give you the complete, proper legal advice you need, and a quote to represent you. Schedule a consultation as soon as possible. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

Almost certainly, there is an Ohio warrant out for your arrest, which warrant can be enforced by Illinois law enforcement. ASAP you need to contact a skilled Ohio criminal defense attorney located near the courthouse where your case was at, to get the case resolved. Plus, you need to make arrangements ASAP w/a family member, or a friend, etc., someone you trust, for them to be able to bail you out of jail if you call them if you're arrested, which could happen at any time.... Read Answer

The prosecutor most definitely has the right under IL law to reinstate the charge. A skilled criminal defense attorney, like me, would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation w/me ASAP. Once the case has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

Illinois is really cracking down on driving on revoked charges. This may also be a difficult situation because you are not in the state and probably don't want to come to court several times. If the judge told you that you needed a lawyer you will have to hire one unless you qualify for a public defender. Please feel free to contact me if you would like some assistance.... Read Answer

A skilled expungement/sealing attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, + a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

A skilled expungement attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP.? Once the matter has been resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read Answer

Fearing you are about to be struck is an "Assault". The statute of limitations for an assault is 18 months. Being struck is a "Battery". The statute of limitations for a battery is 18 months. Being struck while on or about a place of public accomodation (a bar), is an "Aggravated Battery". The statute of limitations for an Aggravated Battery is 3 years. Whether you had a case or not will depend on the facts and circumstances of what happened that evening.  ... Read Answer

The interpretation of a statute is not a proper question for the "ask a lawyer" service.   Any attorney answering this question would be subjecting themselves to a potential malpractice claim.  My suggestion is for you to retain counsel to give you fact-specific legal advice.  ... Read Answer

 (c) "Crime of violence" means and includes any offense defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section 11-14.4, of the Criminal Code of 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, Section 125 of the Stalking No Contact Order Act, Section 219 of the Civil No Contact Order Act, driving under the influence as defined in Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code, provided the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact, and a violation of Section 11-204.1 of the Illinois Vehicle Code; so long as the offense did not occur during a civil riot, insurrection or rebellion. "Crime of violence" does not include any other offense or accident involving a motor vehicle except those vehicle offenses specifically provided for in this paragraph. "Crime of violence" does include all of the offenses specifically provided for in this paragraph that occur within this State but are subject to federal jurisdiction and crimes involving terrorism as defined in 18 U.S.C. 2331. UUW is 720 ILCS 5/24-1.  However, employers may not draw a distinction between a statutory definition of crime of violence, and their definition.   ... Read Answer