Illinois Criminal Defense Legal Questions

A State's Attorney is an elected official.  He does not have a "supervisor" or a "boss".  You can vote for a different person at the next election.  Otherwise, you can ask the Illinois House of Representatives to impeach the State's Attorney. Those are the only real options.  ... Read More

A matter can be a tort and a criminal offense simultaneously. The difference is who is bringing the charges.  In a criminal matter, the issue is whether you deliberately made contact of an insulting or provoking manner, not whether you knew what kind of harm would result.  Smoke is generally viewed as particle matter, and therefore counts as physical contact.  ... Read More

You are not eligible to have the matters expunged if you were convicted, unless you were sentenced to TASC probation.  You may be eligible to have the matters sealed, but you would have to wait several years after your conditional discharge. If you were convicted in Cook County, the Clerk's Office has a packet for expungement/sealing matters. If you were convicted in a different County, the Illinois State Appellate Defender's Office has a packet for how to do an expungement/sealing.  You can also hire a private attorney to review your matter.... Read More

Although you stated you would press charges, the people actually prosecuting the charges is the State's Attorney's Office.  You can request to have the charges dismissed, but they only have to take that into consideration. It does not make them dismiss the charges.  You may be willing to testify in his favor, but you still have to tell the truth - that he hit you and you hit him back afterwards.  If neighbors saw it happen, then there was an independent third party witness. There was also a confession.  It would be very difficult to obtain a complete dismissal in this matter using any legitimate method.... Read More

You may not legally open carry in Illinois based on People v. Aguilar, 2013 IL 112116 (2013). Footnote #3 on Page 8 of People v. Aguilar states that following the decision in Moore, the General Assembly enacted the Firearm Concealed Carry Act.  Aguilar does not address the Firearm Concealed Carry Act or the Amended Agg UUW Statutes.   ... Read More

If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail.... Read More

A skilled criminal defense 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 (& possibly a quote to represent your legal interests). Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire a quality attorney & properly protect your legal rights.... Read More

  In addition to the possible penalties that your son may receive for the ticket he received, your son may have problems with his driver's license depending on the resolution of the ticket.  For this reason alone, it is always best to have a lawyer assist him.   Should you desire to retain an attorney, you should research the lawyer's qualifications in order to find the best person for the job.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

A skilled criminal defense 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. Schedule a consultation ASAP. Once the matter is resolved to your (more-or-less) satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read More

You should be fine. The whole concept of diversion is that no conviction is entered if you successfully complete. I have heard of courts making errors in recording these but you should be fine. You can check the "no" box as to convictions if all you have if something with a completed diversion.... Read More