Felonies Legal Questions

As a rule you should be charged within 48 hours of your arrest.  Indictments are handed down by grand juries.  For state level charges, grand juries usually meet at the beginning of every month.   If you have been held on a high bond your attorney should be able to get your bond reduced.  Generally, if you have been held for a year or more without indictment your attorney should move for a dismissal of the charges as a violation of your right to a speedy trial.  ... Read Answer

   Assuming that your possessions were inventoried, it may depend on whether the monies are being considered evidence of the offense of which you were charged. At any rate, you should obtain experienced counsel to represent you on the underlying charges as well as to determine if you wish to admit that the monies are yours and, if so, the appropriate time to ask the court to release the monies to you. Since you have listed this posting under the heading of "felonies," it is crucial that you obtain counsel as soon as possible. Felony charges are very serious and it is best to hire an experienced criminal defense attorney immediately.   This answer 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... Read Answer

It sounds like your husband has an open warrant. If so, he will most likely go through this cycle over and over until he gets the open warrant removed. The warrant will remain open until a judge orders it removed. Until that happens, everytime a police officer runs a "wants and warrants" request on your husband, regardless of what state he is in or how many times this has happened in the past, he will go through the same process. This cycle could go on forever until he comes to MA and has the warrant removed and deals with the underlying issue. I have a page on my web site (www.lawworcester.com) dedicated to this issue; Open MA Warrants. I advice people to take a proactive approach and deal with this on their terms instead of the state's. I don't know what penalty he is facing, but I suspect it isn't that harsh since MA is not interested in coming to get him. He should hire an attorney here in MA to assist him with the charge as soon as he can afford to. He will have to pay for representation and be prepared to travel here to MA if necessary. I have handled many of these type of cases over the last few years especially since RMV computers have been set up to communicate these open warrants between states. What we try to do is to get the leg work done before the client actually returns to MA. The process goes like this... the person hires us, I then file an appearance and notify the court that I represent him, get the warrant removed and set a pre-trial conference (PTC) date. I then try to negotiate a resolution with the DA before the PTC. In some cases I have been able to get the disposition done without the client ever traveling to MA. In other cases, the client then comes to MA for one (1) day to get the disposition and fly home. Understand that if the charge is vulnerable to challenge, then it will complicate and lengthen the process.... Read Answer

It sounds like the appropriate charge would be Larceny Over $250 (based on the value of the items, not what you received for them), which is a felony in MA. However, since you have not been convicted before, you should not be sentenced to jail if found or if you plead guilty. You should have a lawyer represent you on the charges. If you can't afford to hire a private lawyer, the court will appoint one for you. You should not go to court on a criminal charge without a lawyer.... Read Answer

You really should hire an attorney.  An attorney may be able to help you resolve the case prior to it going to the grand jury, or, of course, could help you should the case be formally charged.  You do not want to face a felony without representation.  Remember, you may also qualify for an appointed attorney at no cost if you meet certain income requirements.... Read Answer

   The nature of your question is unclear. Driving with a suspended or revoked license is a crime in Illinois. If your fiance has a felony background, this could impact the potential sentence if he is convicted of the offense. Your boyfriend should contact an experienced attorney as soon as possible to determine his options and strategy. 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

Not sure if you have gotten this in time or not, but you should definitely consult with an attorney.  Depending on your circumstances he may be able to even qualify for a public defender.  The juvenile system is different then the adult system, and it is useful to have an attorney that understands the difference and can help you and him understand what exactly the process is like and to help him determine whether or not any defenses exist in his case. It is honorable to have him step up and admit his wrongdoing, but this can come with serious consequences.  If the case against him is not that strong, then there is no reason he should just plea guilty.  The State has the burden of proving his criminal wrongdoing and some cases that is not so clear cut.  An attorney can help you determine the best approach to the case. ... Read Answer

Yes, it is possible for your probation to be revoked based on many different things including witness testimony by police officers, probation officers, or alleged victims making accusations against you.  It is not necessary to be booked into a jail for the process to start.  You could be in front of a judge for a revocation (where you are on probation) before you even get arrested on the subsequent change.   This is most likely if the warrant for the new charge is in a different jurisdiction that the one where you are reporting to probation. You can always retain a lawyer before your arrest to protect your rights, negotiate a turn-in or bond, and to represent your interests in your case.... Read Answer

  There are better ways of handling this than suing the clerk's office. Sometimes, mistakes are made in the Clerk of the Circuit Court's records. Please contact the attorney who handled your case. There are ways to correct clerical mistakes if one actually occurred and you are not mistaken regarding the resolution of your case. Your attorney can aid you in correcting the record. 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 whether you are under investigation for an offense or whether you have been charged with a crime. If either are true, you should contact an attorney as soon as possible to assist you and aid in your defense. 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

   Illinois' Sex Offender Registration Notification Act may be found at 730 ILCS 150 et.al. If you have hired an attorney, you should contact your attorney regarding the provisions of the Sex Offender Registration Notification Act (SORNA) and how they apply to your situation. 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 very difficult to answer your question from the facts that you have written. Your husband may be charged with a range of offenses from assault to battery to aggravated battery to a police officer. You stated that "they are keeping him" so I presume that he is in custody.    Your husband, especially since he has a prior criminal record, needs the benefit of an experienced criminal defense attorney. I suggest that you contact an attorney who can best explain the charges that have been lodged against him and the possible penalties. 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