Illinois Felonies Legal Questions

Translation: The State told me what their evidence was.  Both attorneys argued over whether the evidence should be allowed at trial or not.  I have looked at the law, and the case law.  I think the evidence will help explain things more at trial than it will improperly affect your chance at a fair trial.  The evidence will be admitted at trial.    ... Read Answer

There are two different issues in this question. 1. Can you even be charged with a felony?    Generally speaking, people 18 years and older can be charged with felonies. However, there must be a basis to charge the felony.  Those are contained within 720 ILCS 5/12-3.05 for Aggravated Battery.  For example, if you fought on the street, or caused great bodily harm there is a charge of aggravated battery for you.  In the typical situation, there is no felony charge for an 18 year old hitting a 16 year old on the basis of age itself.  2. If you are charged with a felony, will you be convicted?   The basic question you ask here is whether your use of force was justified.  The law in this area is located at 720 ILCS 5/7-1.  Significantly, there is an exception for whether self defense was justified for aggressors, located at 720 ILCS 5/7-4.  There are a lot of facts where it is possible that the person who swung first was not the "aggressor", but was in fact defending themselves from the aggressor.   For example, suppose somebody pointed a gun at your head.  They never actually touch you, but you think they are about to shoot you.  In that situation, the law may provide an exception and permit you to swing first.  The answer to your question is, "It depends."  There's a lot of ways a simple battery can be charged as a felony aggravated, and there's a lot of exceptions which permit aggravated battery charges to be filed against somebody who was not the first person to swing.    ... Read Answer

   Even though your son is a juvenile, he is charged with serious offenses. Assuming that he has been referred to court, if convicted, there can be serious consequences if he is found delinquent. Juveniles must be represented by counsel; by statute they cannot represent themselves. If you do not qualify for the services of the office of the local public defender, you will need to retain an attorney for him. Please make certain that the retained counsel is experienced in criminal and juvenile law.    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 https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @lorilevin (twitter)... Read Answer

  Your girlfriend will need the permission of the court. Probations may be transferred through the interstate compact. This is a process that involves both the probation department as well as the court system. Please contact an experienced defense attorney to inform you of the process as well as to 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 Answer

Based on the facts you have listed, you should not have been charged with a felony offense.  Retail theft, under 720 ILCS 5/16-25(f), typically requires the value stolen to be in excess of $300 dollars.  Therefore, you are likely going to be charged with misdemeanor juvenile delinquency.  ... Read Answer

  Without knowing more about the case, that is a difficult question to answer. Being charged with a felony is a serious matter. Your friend should consult with an experienced criminal defense attorney. That lawyer can review the facts with him, the police reports, etc. and then can properly advise him of his options.   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 Answer

   The fact situation that you have posed is very serious. If the person is charged with aggravated unlawful use of a weapon without a FOID card, the offense is not probationable. That being stated, there may be appropriate pre-trial motions in this case. Please contact an experienced criminal defense attorney to aid the person charged.    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 https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896?hc_location=stream... Read Answer

  Without additional information, it is difficult to answer your question. You do not indicate why your boyfriend is on probation and if a petition to violate the probation has been filed. Additionally, your boyfriend may be charged with a misdemeanor DUI or possibly a felony DUI. All of these issues factor into the possibility that he may serve time in jail or the penitentiary.    It is always best to consult with an experienced criminal defense attorney to determine a course of strategy and a defense.    This posting is for informational purposes only and does not constitute 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

   Please contact your local state's attorney's office. When charges are pressed against an individual, it is the People of the State of Illinois v. that individual. Complainants are witnesses for the prosecution.    Should you wish to sue the adult, please contact a lawyer who handles personal injury cases.    This posting should not be considered legal advice and is for informational purposes only. It also does not establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 888-748-4095 levin@lorilevinlaw.com www.lorilevinlaw.com... 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

   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

  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