Skip to main content
Vijay Ratan Sharma
Avvo
Pro

Vijay Sharma’s Answers

49 total

  • Where can i find a pro bono criminal defense lawyer in Chicago, IL for a case in Will county?

    My mother unfortunately was arrested with a small amount of a illegal substance. This was a her first offense. We do not have money as I used our rent money to bail her out! We need some help and she is now the only provider in the house!

    Vijay’s Answer

    While I know for a fact that many attorneys, including some on this very page proudly handle pro bono work, they are correct in pointing you to the Will County Public Defender's Office.

    You can reach their office at the following:

    Will County Public Defender
    58 E. Clinton, Suite 210
    Joliet, IL 60432
    (815) 727-8666 phone
    (815) 727-2916 fax

    Office Hours:
    Monday – Friday 8:30 am – 4:30 pm, with the exception of court holidays

    I wish your mother and family the best of luck.

    See question 
  • I was stopped for not coming to a complete stop at a stop sign. What is my best option for my current sitution?

    I thought I stopped, albeit briefly, but the police said no. I also got a ticket for my son not wearing seat belt. I told him to buckle up and saw his hand was holding the seat belt, but the police found that my son didn't buckle the seat belt. ...

    Vijay’s Answer

    While my colleagues are correct in that a seat belt ticket is a non-moving violation, I will respectfully disagree on one point.

    Depending on which courthouse you must go to, do not simply walk in and ask for supervision. If the officer is not in court, many judges will dismiss the ticket. In certain jurisdictions, such as Lake County, the judge may make you come to court again. However, if you are in most of the courthouses in Cook County, the judge will dismiss the ticket.

    So, while my colleagues are correct in part, I disagree that being represented by an attorney is the only way to get a good disposition. In my experience as a prosecutor, I have seen many people on minor tickets proceed pro se and received the disposition they desired.

    Obviously, if you have any questions, speak to an attorney.

    See question 
  • Just got charged with a dui in il...im on probation in cali(i have a cali dl)..will the courts find out?

    I understand cali dmv will find out because of the intercompact law or whatever but what about the judicial system?...will i have to go in front of a judge in cali?

    Vijay’s Answer

    I will try to answer this question with a little more detail than my learned colleagues. You’ve left out a lot of detail, so I am making certain assumptions that your California probation is based on a DUI also. Just like most of the other answerers, I am an Illinois practitioner and cannot accurately predict California as a native practitioner can.

    However I have taught criminal procedure and corrections at the upper-college level, which this question is a part of.

    One at a time:
    1) Will you have to go in front of a judge in California?
    a. If California finds out, then they will file a violation of your probation. Yes, you will have to see a Judge.

    2) What should you say?
    a. NOTHING! NOTHING! NOTHING! You should say NOTHING to the Judge about this violation. You are not to avoid it, but you are to engage a lawyer in California. The lawyer will speak for you. A good criminal practitioner has dealt with this situation many times and knows that this is a tougher, dangerous, but not hopeless,s situation.
    b. It is dangerous. Probation is a contract between a judge and a citizen. You agreed to this deal once you said you were guilty. Therefore, the judge can resentence you and you cannot say you are not guilty. I hope the danger is clear. Get a lawyer and make sure they are criminal law practitioners, not moonlighters.

    3) Will California courts find out?
    a. Who knows? Assume they will. I was a prosecutor before I was a college professor and criminal defense attorney. Felony and misdemeanor prosecutors run backgrounds on the defendant’s in their court. This is to say nothing of probation. If this is not yet complicated enough, keep reading.

    4) Finally, Will California’s probation department find out?
    a. If you were a resident here from California while you were on probation, you needed permission from the court and probation department in California. They used the interstate compact to set you up here in Illinois. Therefore, your Illinois probation liaison will tell your California probation officer who will tell the California judge who issued the probation.
    In other words,

    -In California you really need a good criminal attorney on this case.

    -In Illinois, you need a good criminal and DUI attorney on this case. Preferably one who has experience dealing with several states and can easily explain the mess you’ve found yourself in.

    See question 
  • Taking care of criminal charges out of USA

    Hello, I am not a US citizen. I was in the US till October 2009. I was arrested and charder with financial institution fraud. After some friends posted bail for me ($100000.00 - they had to pay $10000.00 so I can get out) I was taken into ICE cus...

    Vijay’s Answer

    • Selected as best answer

    The most direct answer is that you will most likely not be successful in your goal to have a lawyer "take care of your charges." But there is not enough information to give a definitive answer and the following should not be taken as legal advice.

    On one hand, you can hire an attorney but on the other, the attorney cannot do anything. If there is a warrant out for your arrest, it will not be recalled and you cannot demand a trial.

    If you had appeared for arraignment, which is unclear, the judge would have admonished you that a trial may be held in absentia and you may be found guilty if you do not appear in court.

    Part of the problem here is the following sentence, "I decided to try to go to my country because I didn't have enough money for legal defense." This is a problem because the US allows for a public defender to be appointed if a person may be incarcerated and they cannot afford an attorney. Running will not solve the predicament you are in and I do not believe an attorney could make these charges disappear.

    See question 
  • How to request a motion of discovery?

    If I want to contest a traffic citation that doesn't require court appearance, can I request a motion of discovery or disclosure? If yes, how do I do that, what things am I allowed to request, and what's the fee involved? This is in Dupage County.

    Vijay’s Answer

    Yes, You can file what is called a subpoena. In this case, you would file a subpoena duces tecum, which is a request for documents. However, if it is a minor speeding ticket the only discovery may be the ticket and nothing more than that. Many officers do not write a full report for a speeding ticket,

    See question 
  • I received my first drinking ticket a month ago and I blew a 0.026. What are the consequences?

    I recently received a drinking ticket. I am 19 years old and this is my first citation. I blew a 0.026. I understand that if i take the alcohol classes my fee is reduced and my license does not get suspended. However, I am getting mixed answers on...

    Vijay’s Answer

    There are a few ways to get a ticket off your record. If you take the case to trial and win, if the ticket is dismissed, or if you plead guilty and it is expungeable.

    You should check for a lawyer in your jurisdiction. In Illinois, a license can be suspended and separate hearings in front of the secretary of state are required.

    I typically counsel client's to do some AA or classes before we go to court to show that they care about the case and are taking steps to address their issues.

    Realize that if you ask 10 lawyers, you will probably get 7 different answers. At the end of the day, go with who you feel comfortable with.

    Now, keep in mind that every jurisdiction is different, so you should retain local counsel. You can also visit my site at http://www.LegalDaredevil.com for more information on underage tickets in Illinois, or call at (847)337-2716. All discussion is informational only and do not create an attorney-client relationship nor does it constitute legal advice.

    See question 
  • Can police sit outside of a bar, watch people leave, and then get people for DUIs?

    Can cops just wait around outside of bars looking for people to charge with DUI? Is this entrapment?

    Vijay’s Answer

    The short answer is yes, police can sit outside bars whenever and for however long they like. But a person doesn't just "get" a DUI like a door prize. A person must show signs of intoxication. Police will watch for steady or unsteady movement and slurred speech, bloodshot and glassy eyes. If someone exhibits these signs then yes, the person may be arrested for a DUI if they got to a car.

    For more information, please call at 847-337-2716 or visit my web site at http://www.legaldaredevil.com

    See question 
  • First ticket how can i get avoid licencs points or to get rid of it all together?

    im 22 and live in salisbury nc. i was ticketed going 34mph in a 20mph zone going home trough a little place called spencer, and i didnt realize that the speed changed through there since it was my frist time driveing through spencer and this is my...

    Vijay’s Answer

    There's bad news and possibly good news. The bad news is that speeding is not an "intent" crime. That means it doesn't matter whether or not you meant to speed over the limit.

    The possibly good news requires that you try to get a court date for your ticket. In many jurisdictions a fine at court may be less than paying the ticket outright. Also, if the police officer who wrote you the ticket does not appear, the state may dismiss the charge against you. This wouldn't happen if you paid by mail. Now, keep in mind that every jurisdiction is different, so you should retain local counsel.

    You can also visit my site at http://www.LegalDaredevil.com for more information on speeding tickets in Illinois, or call at (847)337-2716. All discussion is informational only and do not create an attorney-client relationship nor does it constitute legal advice.

    See question 
  • I passed the field sobriety test and blew below the legal limit of 0.08. why did i still get a ticket for DUI?

    i was pulled over because i flashed my headlights to alert another motorists about a deer that was near the highway. they also searched my car after arresting me

    Vijay’s Answer

    In Illinois, DUI is covered by 625 ILCS 5/11-501. 501(A)1 is a DUI when the state has a breath result over 0.08.

    501(A)2 specifically covers a situation where the state does not have a breath result or they have a breath result under 0.08.

    In this case, the state will depend on erratic driving and failure of field sobriety tests to prove guilt. Because alcohol effects people differently, someone can be intoxicated without being legally drunk.

    So, on one hand it may be possible for someone to be above 0.08 and not be intoxicated, just as it is possible for someone to be intoxicated while under 0.08.

    You can also feel free to visit my site at http://www.LegalDaredevil.com for more information. All discussion is informational only and does not create an attorney-client relationship nor does it constitute legal advice.

    See question 
  • Shoul I plead guilty or not guilty?

    I had a driving permit for a couple years,which I got from high school, this permit expired after four years. After that expiration I got pulled over for impropper lane usage. They gave me a ticket for expired licence, because my permit appeared t...

    Vijay’s Answer

    I practice in this jurisdiction. You should NOT plead guilty on the first court date. You should ask for time to hire an attorney. You are in a situation where you may be suspended and a lawyer may possibly prevent that.

    This answer is for informational purposes only and does not form an attorney client relationship.

    See question