Timothy P. Martin's Answers

My sons father is a paranoid schizophrenic can he get any kind of custody

You should act immediately if you feel your children are in danger. You can petition the court to eliminate or restrict his visitation. many counties have sites for professionally supervised visitation. The court will most likely appoint a Guardian Ad litem or an attorney for the children who will listen to your concerns, conduct a thorough investigation and make a recommendation to the court.

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13yr old arrested for residential burglary

Yes, you must have a lawyer. The judge will appoint the Public Defender if you cannot afford a private lawyer. Also, you want to get the best lawyer you can afford as Residential Burglary is a serious Felony charge, even as a juvenile. Good luck!

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A person with no criminal backgroung, what are chances of probation on a felony charge? Person is a full time college student

Very tough but obtainable result. With no prior criminal history he has a chance. Hopefully, there were no injuries or other aggravating circumstances. You need a good lawyer to advocate mitigation on his behalf. It takes a lot of time and dedication to research and present the Judge the right mitigation. The defense attorney would likely realize that he is going to get at least 180 days in county and probation. Another very realistic option is 120 days in Boot camp. This would involve him...

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I am going to court for a order of protection what happens if the other party does not show up

Yes you can obtain an Order of protection against her and her mother against harrassment and intimidation. List all events on your Petition and include all your family members as desired protected parties. Good Luck

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Is it possible for me to move out of state with my children?

Yes you can petition the court for removal of your minor children. But it can be difficult as the court will utilize a balancing test to determine what is in the children's best interests. The court will look at many factors including but limited to: 1) Current economic situation 2) Health 3) level and degree of lifestyle and education improvement 4)The degree in which you ex-husbands visitation will be interrupted and the impact on the children. This is a matter that should be given...

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Do I have to do anything after I complete my court supervision?

Was it a traffic case or a misdemeanor? If traffic, you might not have to go back to court, but call the county clerk's office to confirm. If it is a misdemeanor you must return and tell the judge your fines have been paid and you have no subsequent arrests. Then contact a criminal lawyer t begin the expungement process. Good Luck. Tim Martin

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My son got caught stealing, what happens now?

Your son got lucky and was not offically charged. He should stay out of that store as they have him "marked". Probably the best things to prevent them from charging him is to pay them the recovery as the statute of limitations for prosecution is two years. Good Luck. Tim Martin

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How long do I have till I can press charges against someone?

The Statute of Limitations in Illinois is two (2) years for Assault and Battery. The police probably should have made an arrest by now. If they don't, you have the option to go to the State's Attorneys Office to file a complaint.

Dui incomplete dui evaluation

In Cook county there are five district courts which are authorized to perform DUI Evaluations. You can go to any other basement courthouse location in Cook county and retake the evaluation which will include a urinalysis for your information. Do not "overstate" your drinking as this will count against you for the amount of classes you have to take.

I was recently charged with a Zero Tolerance. My lisense is suspended for 3months what else can I expect from the courts to come

You would have been charged when arrested if they were going to give you a DUI. That is unless you had drugs in your system and submitted to a blood/Urine draw and the police are awaiting the lab results. If not, and you are under the .08 limit you normally get a Zero Tolerence suspension and a Ticket for Underage Consumption of Alcohol. Get a lawyer to help you out!