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John Dimitrios Ioakimidis

John Ioakimidis’s Answers

31 total

  • Can my son be charged w breaking an entering if a door was left open by his friend who lived there while parents were away?

    My 17 yr old son & friends were partying in a house when a parents were out of town but the door was left open for them by the kid of the owners. There was damage to furniture & now the parents are saying if the 4 kids don't pay $200 each they wil...

    John’s Answer

    Things can get pretty complicated if this matter is not handled correctly. It is best that if you negotiate with the parents, you hire an experienced criminal defense attorney to conduct the negotiation. You want to use your best efforts to avoid this matter turning into a felony criminal case. If this is a misunderstanding, it is best to settle the matter and move on. Your son is only 17 years old and the last thing he needs is a criminal case that he has to defend. Attorneys fee will likely exceed $800.00 if your son is required to defend a criminal case, Thus, I suggest to consult with a local criminal defense attorney as soon as possible before the police get involved and turn a misunderstanding into a criminal case.

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  • Do I need an attorney

    I was hit by a car taken to the hospital the hospital told me that everything was fine then 2 days later they call me and tell me I have to come back to emergency because I have a broken leg

    John’s Answer

    There are two apparent issues:
    1) You may have a cause of action against the driver of the car for damages; and
    2) The hospital and the medical providers who treated you may be liable for any further damages that may have been caused to you by not properly diagnosing your broken leg.
    I would suggest that you contact an experienced personal injury attorney to assist you.

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  • My partner was driving my car and was in an accident(rear ended someone.) Unbeknownst to me, his license is suspended. What now?

    He was listed as at fault since he rear-ended the car and his license is suspended. What will likely happen with my insurance?Will I face any charges/serious consequences?Do I need a lawyer?

    John’s Answer

    You are not going to be charged with a criminal offense since you were not driving the car. As for the insurance issue, a lot will depend on your insurance company - better companies try to protect the people they insure as opposed to sub-standard insurance companies. I suggest that you consult with an attorney and have him/her review your policy before speaking to your insurance company. Under these circumstances, your insurance may try to find a reason to deny coverage, so consulting with an attorney is highly advisable.

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  • Can these misdemeanor charges be dismissed?

    Husband blocked me from getting in my car, threatened me, I have health problems, on meds, and med bottles say not to drive, he was scared. I called 911. They arrested him for blocking me and threatening. He has no history. He has scheduled co...

    John’s Answer

    It appears that your husband's case is in Chicago or Cook County. If so, if you don't appear in Court on the scheduled date, the charges may be dismissed. However, the State can subpoena you. A subpoena requires that you appear in Court. If you do not comply with the subpoena you can be held in Contempt of Court. In Chicago, the State will generally not pursue a witness if they fail to appear in Court after being served with a subpoena on small non-violent case. If you do not want to proceed with the case, it is best that your husband hire an attorney to protect his rights.

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  • I was recently arrested for retail theft, should I pay the amt. of the civil letter relief which is 225.00 before I go to court?

    The merchandise was 1400.00, but the officer talked to the states attorney and they gave me a misdeamor complaint piece of paper saying under 300.00 dollars, which as far as I know is not a felony. I realize he gave me a break. I had to get bonde...

    John’s Answer

    Your lucky they didn't charged with a felony. Under Illinois law, (720 ILCS 5/16-27), the merchant can sue a person who commits retail theft for: (1) the actual damages equal to the full retail value of the merchandise; (2) plus an amount not less than $100 nor more than $1,000; and (3) attorney's fees and court costs. Further, if a minor commits the offense of retail theft, the parents or guardian of the minor can be civilly liable. A minor under this law is one who is under 19 and resides with his/her parents.

    As a practical matter, in the 20 years that I have been practicing law, I have never seen a client sued for civil damages in connection with a retail theft case. Recently, I have noticed that merchants "scare" people while they are being detained at the store to pay civil damages. Unfortunately, they still get arrested even if they pay.

    I recommend that you hire an attorney to negotiate with the State. You are in a delicate situation because the State can still decide to charge with a felony. The last thing you want is to do or say something that may make the prosecutor take a closer look at your case.

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  • Should I pay $250 to Walmart for a shoplifting incident?

    On April 19, I was caught shoplifting at Walmart. They took a picture of my license, I called my parents because I am 17 and was on my way. I received a letter in the mail the following week saying that I had till May 27th to pay them $250. I then...

    John’s Answer

    Under Illinois law, (720 ILCS 5/16-27), the merchant can sue a person who commits retail theft for: (1) the actual damages equal to the full retail value of the merchandise; (2) plus an amount not less than $100 nor more than $1,000; and (3) attorney's fees and court costs. Further, if a minor commits the offense of retail theft, the parents or guardian of the minor can be civilly liable. A minor under this law is one who is under 19 and resides with his/her parents.

    As a practical matter, in the 20 years that I have been practicing law, I have never seen a client sued for civil damages in connection with a retail theft case. Recently, I have noticed that merchants "scare" people while they are being detained at the store to pay civil damages. Unfortunately, they still get arrested even if they pay.

    Since you were not arrested, I wouldn't pay. Further, the merchant can't report the amount requested to the credit reporting agencies because it is not a debt.

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  • Bail amount

    can a misdemeanor charge for telephone harassment have a bail amount set for 25000.00 or is that considered a felony telephone harassment?

    John’s Answer

    The case is likely a felony. The Court will usually engage in a balancing test in setting the amount of the bond by taking into consideration the various factors in the case, including, but not limited to: 1) the seriousness of the crime; 2) the suspect's criminal record; 3) the danger that the suspect's release might pose to the community; 4) the suspect's ties to family, school, community, and employment; 5) the suspect's military record; and 5) the suspect's special medical needs, if any. If bond is posted, the accused is allowed to work, go to school and carry on with his/her life while fighting the case.

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  • Can I be deported if I was charged but not convicted of being in possession of a controlled substance?

    I'm a Legal Permanent U.S Resident in IL soon to be married to my fiance; I have a (first time offender) FELONY CHARGE for possession of a controlled substance, NOT a FELONY CONVICTION, I was told that I could leave the country without a problem b...

    John’s Answer

    The Department of Homeland Security is not required to, nor does it recognize the results of State cases. In many cases, even if the State case results in a non-conviction, you can still be deported. For example, crimes involving moral turpitude can lead to deportation even though they may have been resolved at the State level without a conviction. I think it's pretty clear that you need to hire an attorney.

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  • Drug paraphernalia

    im 18 years old I got arrested for drug paraphernalia. I had a bowl in the glove compartment but there was no weed in it, except maybe some residue. before this happened I had a clean record, what will happen?

    John’s Answer

    The key in your case is to avoid a criminal conviction. An experienced criminal defense attorney should be able to resolve your case without a conviction and without jeopardizing your right to expunge your arrest record.

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  • Can a prostitute who is caught in a sting testify against a former client and get him convicted for solicitation ?

    My friend met someone Sunday for an erotic massage, she texted him later saying she was caught in a sting and that she just got out of jail. Can she give him in ? Nothing incriminating was said in via text message or phone.

    John’s Answer

    • Selected as best answer

    Based on the contents of your question, It would be very difficult for the State to prove that your friend is guilty of solicitation if he hasn't or does not incriminate himself. He should cease all contact with her. If the police call or visit him, he should refuse to discuss the matter and hire an attorney to represent him. If he gets arrested, he should request to speak to his attorney and not make any statements whatsoever regarding the matter.

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