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Wayne E. Brucar

Wayne Brucar’s Answers

398 total


  • My daughter was accused and charged with shoplifting. Technically, she did not walk out of the store with the items.

    She placed the items in her purse while she was purchasing coffee at the Starbucks counter which is located within the Target store. Since she did not technically walk out of the store with the items, can she be charged with shoplifting?

    Wayne’s Answer

    She can be charged as she committed an act in what can be considered the furtherance of a retail theft. The ultimate question is whether the State can prove she had the intent to permanently deprive the store of the property.

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  • Hi, I was just issued an RDP along with the requirement for a BAID and I had a question.

    I was wondering whether or not the SOS can see the times/dates of my breath samples into the BAIID to determine whether or not I'm driving within my allotted days/times and possibly issue violations based on that? Anyone have experience with this ...

    Wayne’s Answer

    The BAIID device shows time and date. They are not typically monitored for time however they could evidence deviation from your permit if you have such limitations.

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  • I have a fine from 1999 is there a statue of limutation on this?i went to prison for obstrution of justice and a 1,500.00 fine

    and the fine is still 1,500.00 because of fees..is there anyway i can get this fine to go away

    Wayne’s Answer

    There is no statute of limitations. There is probably an unsatisfied judgment against you.

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  • Can I request new judge at post-conviction pro se?

    I was a day late filing a motion for my initial post-conviction petition. I am in IDOC, Because I did not have the materials to do my petition, I put some facts together from memory & mailed it asking the court to allow me more time to file a prop...

    Wayne’s Answer

    You need to get a response on your request for an attorney. Whoever is assigned will be able to assist you with the issues.

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  • Can I and How do I transfer a criminal damage restitution case out of IL.

    I have payed monthly for the past year and never missed court.Unemployed..Tryng to go where theres work.The case is in Springfield,IL // Sangamon County.

    Wayne’s Answer

    The terms of supervision or probation are subject to amendment by court order if your court services or probation officer refuses to accommodate what it is you are trying to do.

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  • How long does it take for a refusal to blow take to come off ur record

    I have 1 DUI and a refusal to blow but the refusal one got thrown out and there still tryin to say I have 2 DUI

    Wayne’s Answer

    A DUI and a "refusal" (summary suspension) are two different things. Each show separately on your driver's abstract.

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  • Can one negotiate with prosecutor/judge to change the charge of felony to misdemeanor at the primary court ?

    A person was arrested and charged as misdemeanor after a judge read police report, but state judge thinks it is felony because our state changed the law recently, in majority states that is misdemeanor. A lot of judges, polices and common pe...

    Wayne’s Answer

    A judge deals with the charges that are before him. He can sentence within those charges but does not have the discretion to change them. It is up to the State or local prosecutor as to what the charge will be.

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  • Does Iowa's differed prosecution hold up to the Illinois DMV against a suspended license?

    My boyfriend got his license suspended in Illinois for 6 months for getting two tickets in under 2 years. The first was in Illinois and the 2nd in Iowa. However, he got a lawyer to fight the Iowa ticket and they granted him differed prosecution (a...

    Wayne’s Answer

    A consultation with an informal hearing examiner with the DMV would be the best way to resolve this situation. They are available to the public at every facility and are accessible on a walk in basis.

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  • Search and Seizure / criminal case Mother owned property / the land/ I built and lived on property

    state police called and lied to owner of property ( my mom ) stating a burglery was taking place to get permission. No warrent. I built and lived on said property. I was paying my mother for property, she purchased for me due to my credit was bad ...

    Wayne’s Answer

    A personal warrant for your arrest can be served by any officer of any jurisdiction. A search of a dwelling must be based on a warrant or exigent circumstances in conjunction with probable cause. Your legal recourse depends on the facts and circumstances of your case.

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  • I don't want to testify and live far away what can I do? I can't get there.

    I have been subpoenaed to testify against a kid who attacked me and the kid is in enough trouble and I don't want to testify or press charges. I also live 3 hours away from the courthouse and don't have any money to get there. What are my options ...

    Wayne’s Answer

    Your obligation to appear depends on the manner of service. If you were personally served or served by certified letter, you have an obligation to appear. If you merely received a subpoena by snail mail, you may not have the obligation.

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