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Steven Andrew Kozicki

Steven Kozicki’s Answers

128 total


  • I was stopped by a walmart employee for unintentional petty theft even though they see it other wise. Retail value of $53.

    Retail value of 53$ for unintentional petty theft at the self check out of a walmart. I even offered to pay for what was accidentally taken? I'm terrified that I will go to jail as I am a single parent of a 5 yr old and 3 week old. I am a first ...

    Steven’s Answer

    Stop worrying about jail on a first offense, because it is very unlikely. However, there are other consequences that many people don't contemplate, which can hurt you later. If you are not a citizen, this offense is a "crime of moral turpitude," which can have immigration consequences if you plead guilty, even if you receive court supervision. The case will appear on your arrest history until it is expunged. There are sentencing alternatives or diversion programs which may avoid a plea of guilty all together. A good Criminal Defense attorney can help you with all of these alternatives. Let me know if I can be of assistance.

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  • Refusal to submit to DUI chemical testing multiple times

    I asked to speak to an attorney when told I needed to go to the hospital to submit to DUI testing. I asked for an attorney multiple times while at the hospital. Then after 2.5 hours after the auto accident I submitted because all my requests for a...

    Steven’s Answer

    Your "Miranda" warnings apply to evidence that is "testimonial," meaning any oral or written statements you make cannot be used against you if you request to speak to an attorney and they don't stop questioning you. Giving blood, hair, urine, fingerprints, etc. have been held by the US Supreme court to be "non-testimonial" and are admissible, even if the police don't provide you with an attorney.

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  • Speeding ticket in Wisconsin

    I was cited for driving at 95 in 65mph lane. I was driving an SUV and did not realize that the speed has gone that high. It happened by mistake and this is my first ever ticket. As per the ticket I don't need to appear in the court. However, my li...

    Steven’s Answer

    The lawyers who tell you that this ticket will be reported back to Illinois as a conviction are correct. Not only that, 30 miles over in Illinois is an "aggravated speeding" and may have ramifications to your drivers license in Illinois that are worse than you get "up front" in Wisconsin. I can tell you that there are many lawyers in Wisconsin that know how to handle that case so it won't have such severe consequences in Illinois. One lawyer I have endorsed on AVVO.COM for handling Wisconsin cases is Richard Albanese. He is licensed in Wisconsin and Illinois and is a former Illinois Assistant States attorney.

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  • I had 30 hours of community service for driving with no license but didn't complete them what will the judge do?

    I also was issued to get my license

    Steven’s Answer

    If you have a good excuse for not completing the work, for example: you had a debilitating injury that kept you off of your regular employment, the judge will probably "recycle" you through community service and give you a date in the future when you can come back and show it has been completed. If you just blew it off, the going rate in Cook county usually is one day in jail for each day of community service missed.

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  • Can The Prosecutor charge me if i was given a deal? If I didn't hold up my end but was used anyways

    I was charged with heroin possession and was given a deal to get someone else. I never held up my end. The person was caught and bonded out. the police called me and told me i did not help in the investigation i was going to jail. So i figured i ...

    Steven’s Answer

    This is a real bad idea to talk about this in public, over the internet. Ask your lawyer these questions in confidence. If you don't have a lawyer, get one fast.

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  • SR-22 help

    Recently I got a DUI, my suspension ends in a few months. I got the DUI in cook county IL. The court didn't say anything about license suspension or revocation. It is my first DUI, I was in significant risk due to my BAC being high, I have comp...

    Steven’s Answer

    Ted, He said "first DUI" in Cook co. To me, this means he received supervision and not a conviction, no SR-22 requirement. Maybe down your way, it's different.

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  • My 13 year old niece was pressured into sex and sending nudes by a 27 year old. What will best help her case?

    The encounter started in july. He came to her posing as a friend and mentor. My niece had gone in and out of mental hospital for severe depression and other issues that make her emotionally unstable. I previously had a sexual relationship with the...

    Steven’s Answer

    Having her send him nudes is manufacture and delivery of child pornography. Major charge, especially if the FBI/US Attorney would prosecute it. Federal charges in this area are prosecuted very aggressively and severely. Start with the local police and ask about getting the Feds involved.

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  • On a third DUI can a person be sentenced to a halfway house or sober living facility?

    It seems like it would be better for a person suffering from alcoholism/addiction to get treatment since the prisons have extremely long wait list for substances abuse treatment. But again the prison system is not about rehabilitation rather just...

    Steven’s Answer

    A halfway house is not a sentencing alternative that is in the statutes for the judge to give. Most judges will give pen time for a third one, depending upon why the third one is a felony. A third DUI can be a class 4 or a class 1. Big difference in likely sentences. That being said, there are many different things IDOC can do once the defendant is there. The most obvious is drug and alcohol treatment. The trial judge can recommend this. This also allows for application of more good time. The defendant can get into the HRDI program at Cook county jail and get credit for time served, upon recommendation if the trial judge. As you can see, it's a complicated issue, and the answers will change with new programs, space, and funding, or lack thereof.

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  • Is it possible while fighting a federal drug case, can i get a old state case expunged ????Without getting help from the

    federal prosecutor.

    Steven’s Answer

    The states attorney, Cook county in your case, usually runs a criminal history to see if you've been arrested for any new cases. You also have to file a petition saying that you haven't been arrested for anything new. So your petition would draw an objection from the states attorney. Secondly, the Federal definition of a prior conviction includes any admission of fact, without regard to the sentence imposed. This includes cases which have been expunged or pardoned at the state level. If you're looking for a benefit for your federal charge, expungement won't do it.

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  • My son is in idoc for selling narcotics , first offense, in a drug program through idoc. does he qualify for early release?

    selling narcotics .in drug rehab,taking classes also, no issues ,almost 24months in

    Steven’s Answer

    If the conviction was for selling, probably not, but he wouldn't have been eligible for the narcotics program either, so he might have plead down to something where he eligible. Bottom line is it's up to IDOC whether they give it to him. A lot of discretion is involved and they guard that ability to discern closely. Judges, lawyers and prosecutors don't have much say once they are in IDOC

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