Illinois Criminal Defense Legal Questions

  It is always a good idea to be represented by counsel. Domestic battery is a serious offense. Some prosecutor offices have a "no drop" policy and may pursue domestic battery charges even when the complainant no longer wishes to testify. Please contact experienced defense counsel who can assist you.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of 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 https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @LoriLevin (Twitter)... Read More

Generally speaking, voluntary intoxication is not a defense to an offense. The key issue here is whether you made a knowing and voluntary statement.   If you are able to prove your confession was not knowing or voluntary based upon your intoxication, you are entitled to have the evidence suppressed. However, Illinois Courts have generally been unwilling to suppress a confession based upon voluntary intoxication.  Its going to depend on the exact facts of the situation.    ... Read More

The blow machine is not relevant to this situation. Factors that are relevant: You are on probation.  You are a felon. You were in possession of a hand gun.  Your probation may have a condition that you are not to violate any criminal statute of any jurisdiction and not possess any firearms.    You're looking at a revocation on your probation, plus a new felony on your felon in possession of a firearm charge.  I highly recommend you request a public defender or hire a private attorney because you are looking at a reasonable probability of being sentenced to the Illinois Department of Corrections.        ... Read More

The answer depends on what kind of ticket.  Usually you can go to the clerks office to find out if you have been charged after 7-14 days.  If you were charged with a State offense, it would be the circuit clerk of your county. If you were charged with a city ordinance or municipal violation it would be the City clerk.    ... Read More

This is a very difficult question to answer online because it is fact specific issue and will require a great deal of investigation.  You should request a public defender or else hire a private attorney.  Under 720 ILCS 5/16-1(f)(1), if your father has any legal interest at all in the figurines then you have no legal defense.  If they are indeed yours, you will have to provide evidence to the State by a different manner, such as by affidavit.    ... Read More

You may be eligible for a diversion program which could keep the matter of your public record. If you are young enough you may also qualify for a deferred sentencing option which would have the same effect. Realistically, probably the worst you face is probation and having a minor misdemeanor charge on your record. Speak to an experienced criminal attorney in your area for a better answer.... Read More

Assuming you were arrested, generally there is a 3 year statute of limitations from the incident date for the prosecutor to file felony charges in California. 1DUILawyer.com Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm... 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 you).? 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

There is nobody who can answer this question except the nine justices of the U.S. Supreme Court. The current situation is that there is a circuit split that needs to be resolved.  Until then, whether Miller applies or does not apply to the internet as a whole is an open question.  ... Read More

You can report the incident to the police to determine whether there is a sufficient basis for the charge of theft.   You an also hire a private civil attorney to sue your ex-husband for conversion if there is an appropriate legal basis for a lawsuit.  It will depend on exactly how the  $7,000 portion is worded.  ... Read More

Yes, IYC has the ability to set certain conditions on parole. For example, if your son has a history of domestic battery and was sent to IYC based upon one of those charges, there may be a special requirement for him not to parole back out to your house.    There is not much you can do at this point, unless you wanted to hire him a criminal defense attorney. However, by the time you hire him one and have everything done, your son may have already paroled out.  That is going to be a decision you will have to make after you consult with a local attorney.    ... Read More

The first issue here is whether you can be charged with a crime without entering the city/county.  The general answer is yes. For example, if you were in California and you shipped cocaine to somebody in Illinois, you can be charged with delivery because you caused to be delivered to Illinois an illegal package. The second question is how long can you be detained - the answer depends on what basis you are being detained. For example, if you are being held for extradition you can be detained for over 30 days.  ... Read More

Generally speaking, the answer is yes. However, the true answer is that it lies within the discretion of the presiding judge.  You posted that amount to ensure your presence at court.  Whether the Court believes that a lower amount is suffiient to ensure your presence is going to be up to them.  ... Read More

Under 725 ILCS 5/114-12, the question is going to be whether the officer's conduct was reasonable and in objective good faith.  This is a fact based situation that has several major factors involved.  There is a case on point regarding a faulty warrant and what qualifies as good faith.  You should not give any further facts online, but instead should consult a criminal defense attorney who can evalute your case based upon the proper factors listed in case law.  ... Read More

There is no set time frame for this answer.  There are several facts Courts will look at to determine whether the length of your detention is unreasonable, such as public safety, class of offense, violence involved in the offense, and whether there is new evidence that justifies continuing detention.... Read More