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Vijay Ratan Sharma
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Vijay Sharma’s Answers

49 total

  • DUI/ probation, alcohol tests

    im on court supervision for a DUI. is there any blood or urine tests that can detect alcohol use from days ago? im talking i drank quite a bit on Thursday, will the blood or urine tests come back positive on monday morning?

    Vijay’s Answer

    I'm pretty sure this section is for the purpose of asking a "lawyer."
    Not your mother, college roommate, or buddy.

    As I would tell my students, "Google is your friend."

    From the perspective of a lawyer, I'll tell you exactly what I tell clients: Maybe the best thing for you is to be afraid of getting caught with alcohol in your system.
    1 = If you're restricted from drinking,
    +
    1 = And you wind up drinking anyway,
    -
    2 = You probably have a bigger problem out there you need to take care of.

    Right now, you have two choices:
    be afraid of getting caught,
    or getting yourself under control.

    Either choice is yours. If you get caught, you will probably wind up paying my rent rather than your own. (Which I wouldn't have a problem with).

    Your goal should be trying to disappoint DUI defense attorneys by staying clean and getting things together.

    See question 
  • Where could I locate and download a blank PDF for Post Conviction Relief for Will County, IL?

    I've looked on a lot out different web sites unsuccessfully. Thank You.

    Vijay’s Answer

    You find many court forms on the website of the respective Clerk of the Circuit Court of a jurisdiction.

    The problem you run into, as with any forms, is that they are general and vague.

    That is why most attorneys create their own forms and don't typically rely on the standard, vague forms. Otherwise robots could do our job and we wouldn't need to get an education for it.

    Talk to an attorney. Don't go for robotic lawyering, get a real live lawyer for customized advice.

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  • Is it to late for me to do anything about police entering my home?

    In june 2011 police entered my home.They were wearing a digital recording,so it took several minutes to get them out .I have copy of recording proving this.I did not realize til now that I could do anything!Please tell me something can still be do...

    Vijay’s Answer

    Typically if the police arrest you based on a bad search or seizure they're not allowed To use that illegal evidence at trial. But you don't have enough information here. I don't even know if they were houseguests? Was there an arrest or not? Did they take any evidence with them? Are they trying to use any illegally seized evidence against you or not?

    Fourth amendment law is very fact-based and there aren't enough facts here to allow any type of answer.

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  • Can I represent myself at my court date, for retail theft?

    It's my first offense and it's consider a misdemeanor.. I don't want the charge to be on my record.

    Vijay’s Answer

    Can you represent yourself-yes.
    Should you represent yourself-absolutely not.

    You need to be more realistic about this charge. When you say that you don't want to charge to be on your record, but you want to represent yourself.

    To a practitioner who has spent his life handling these type of cases this sounds close to asking, "can I perform surgery on myself without any experience and do it perfectly?"

    So to answer your question I'm sure you could do it yourself, but that doesn't make it a good idea.

    I'm actually getting my brakes fixed next week, I've handled drum brakes before, my car has ABS brakes. Instead of doing it myself I'd rather go to the guy who's done it 1000 times before.

    It's no different for lawyers.

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  • Does it cost more for a construction zone speeding ticket if you are going more than 30 mph over?

    I was given a ticket for doing 80 mph in a construction zone, no workers present. What should I expect the punishment to be? Should I plead guilty? Do I need to hire an attorney?

    Vijay’s Answer

    I'm more than happy to tell people when they do not need lawyers, but you definitely do.

    It is a mandatory conviction and a mandatory fine for speeding in a construction zone. Speaking from personal experience, Prosecutors hate to reduce these charges. On one hand it is very hot buttons, politically speaking. On the other hand, they see their jobs as protecting a person who is literally on the side of the highway as his/her Day job.

    As it stands, your name is on a piece of paper mixed in with a hundred other names on pieces of paper in a system which is overwhelmed with these type of tickets, typically given by Illinois State Police

    The purpose of a specifically traffic-practicing lawyer in this situation is to present a person. My office does this by presenting a packet showing reasons for mitigation. I have this exact type of case up tomorrow in court, I'm bringing in certain hospital records for my client who was taking his sick family member to the hospital. I say that provide you guidelines on what your standards for an attorney should be.

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  • Does an arresting officer HAVE to read you your miranda rights?

    I was recently arrested for retail theft and none of the officers involved read me my miranda rights,,,,I asked an officer/jailer bout it and he tod me "oh they don't have to". Is this right they don't have to??

    Vijay’s Answer

    He may be correct. The police officer only has to read you your Miranda warnings if you are
    A) Under arrest, and
    B) Being questioned.

    You do not have to be read your Miranda warnings outside of that. A police officer asking booking questions doesn't fall under Miranda warnings.

    As a rule of thumb, booking questions mainly consist of what you would find on your own drivers license. Name, address, phone number, etc.

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  • Will I get drug tested when I go to turn in my community service papers. I was charged with poss of paraphernalia.

    I have no prior drug arrest

    Vijay’s Answer

    It's possible, but I doubt it. When my clients asked me, I always tell them to assume they'll be tested. Even as an attorney it's very hard to defend against testing for illegal drugs. You're not allowed to have it in your system as it is.

    Without knowing more, I would urge caution until you know otherwise.

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  • My boyfriend and I are planning on getting married, but my boyfriend is an Illegal immigrant and was recently charged a DUI.

    His court day is in November of this year and we are wondering what we should do so he wont get deported back to his country and we can get married. He has a couple of traffic tickets but nothing to big and we are wondering what we can do in the ...

    Vijay’s Answer

    Typically a first time, no injury DUI is not "a crime involving moral turpitude," this is a standard that the immigration authorities use to determine whether a crime is so bad that someone needs to be deported.

    For example, Retail theft is one of these offenses. If a person is CONVICTED of a retail theft they may be deported. For a DUI it will depend on the severity of this particular DUI. The standard offer for a standard case is supervision which, by definition is not a conviction.

    Do not think I am saying it is clear sailing, I am saying that there is hope for a positive resolution.

    What I have done in these situations is work alongside a full-time immigration attorney. The gentleman I work with uses me to gain a working knowledge of criminal law for his field while he works with me to have a working knowledge of immigration law when it intersects with my area (DUI, traffic, criminal law).

    In this situation, look for an attorney who does the same. Frankly, an attorney shouldn't be handling cases for illegal immigrants if they don't know anything about immigration law itself and have no context to answer any questions.

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  • If someone is on 2yr court supervision, can they move out of state if on her papers from the judge, it is not marked

    my daughter was convicted of retail theft and was ordered court supervision. there is a place on her court papers that says "not leave the state without consent of the court" but the box is not marked. can she move

    Vijay’s Answer

    The short answer is yes, if they jump through some hoops.

    Sentencing orders have standard conditions and special conditions. Even if it is not checked, someone will have to comply with the standard condition. It should be checked, but I can't think of a single judge that would cut slack on that issue.

    It's hard to supervise somebody if they're out-of-state. That is why you ask for permission to leave. In most instances a judge will be understanding if somebody has to leave for work or family issues. I've even seen somebody leave after jokingly telling the judge, "I get arrested too much here," the judge laughed and allowed the offender permission to leave.

    If she does it properly now then your daughter could move with a clean slate without having to look over her shoulder.

    If your daughter has not had any violations or problems during her supervision, I do not think she will need a lawyer. However, if she has had problems, she'll need an attorney. But this is one of the more routine things we do in most situations.

    Vijay R. Sharma, President,
    The Law Office of Vijay R. Sharma,
    8820 Skokie Blvd., Suite 252,
    Skokie, IL 60077
    C: (847) 337-2716
    Fax: (847) 332-0378
    Visit http://VRSLegal.com for our services,
    Sent while mobile from my iPad

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  • Can misdemeanor charges be dropped at an arraignment?

    I believe the state cannot prove guilt beyond a reasonable doubt to a misdemeanor battery charge. It took 4 months to even send a summons, and the evidence is very circumstantial. Must this charge drag out to trial, or can I ask it to be dismisse...

    Vijay’s Answer

    You say it should be dismissed. The state says the opposite. Sometimes trial is the only way to figure out who's right. Get a lawyer.

    Vijay R. Sharma, President,
    The Law Office of Vijay R. Sharma,
    8820 Skokie Blvd., Suite 252,
    Skokie, IL 60077
    C: (847) 337-2716
    Fax: (847) 332-0378
    Visit http://VRSLegal.com for our services,
    Sent while mobile from my iPhone

    See question