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David Scott Olshansky

David Olshansky’s Answers

264 total


  • How can I check how many cases have retail stores gone to court because the person didn't pay their civil demand? In my area.

    I want to know if they take it to court all the time or not, if its worth it to just ignore.

    David’s Answer

    Although I can't give legal advice that is just to ignore the letters, in my experience I have never seen a small claims actually filed to collect

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  • Can I get an earlier court date for my husband before the preliminary hearing?

    My husband is in jail for a possession of drugs case and his court date is one month away for his preliminary hearing. He is in jail and his bond is too high for me to pay ($100,000) and his preliminary hearing is at 5555 West Grand. Is there any ...

    David’s Answer

    I agree with the posts I have seen so far, but add that you will need the attorney you hire to get a transcript of the original bond hearing. It will be his burden to show something that was not originally considered by the Judge that set bond and a transcript is the best way.
    Good luck.

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  • I have two court dates on the same day and time in different court houses. How do i deal with that?

    One is traffic tickets, just need a continuance since I need to be at the other one since I am a mandatory witness for a chrge of fugitive of justice.

    David’s Answer

    It is very easy to change a date for a traffic case. You just simply go to the Court house where you have to appear, proceed to the Clerk's office, give them your ticket numbers, then tell them you need to change your court date. They will put you in front of a judge who will assign you different date.

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  • Can a defendant contact a prosecutor before trial and discuss that his/her arrest was based on a false police report?

    I have accused of a crime by someone who used a third party and told I was seen committing a crime I never did. I was arrested based only in a false police report. Can I contact the prosecutor before trial to ask to investigate further?

    David’s Answer

    In a perfect world, and on television this might be a great approach, however in reality it is not. You are charged because the police and detectives think they got their man, the prosecution is not going to reopen the case just because a defendant says he is not guilty of what he is charged with. The prosecutors job is to serve justice to the State based on the charges against you... you need a lawyer with a GREAT private investigator to put together the facts of your innocence.
    Good luck.

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  • What is 1040 probation?

    For first time felon

    David’s Answer

    Here is the law... too long to fit in the post but should be a good start:
    (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
    Sec. 410. (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation.
    (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.
    (d) The court may, in addition to other conditions, require that the person:
    (1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
    (2) pay a fine and costs;
    (3) work or pursue a course of study or vocational training;
    (4) undergo medical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services;
    (5) attend or reside in a facility established for the instruction or residence of defendants on probation;
    (6) support his or her dependents;
    (6-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
    (7) and in addition, if a minor:
    (i) reside with his or her parents or in a foster home;
    (ii) attend school;
    (iii) attend a non-residential program for youth;
    (iv) contribute to his or her own support at home or in a foster home.
    (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her.
    (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 with respect to any person.
    (i) If a person is convicted of an offense......................

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  • Can first time felon get class x felony dropped to lower class to receive intense probation and other programs

    Curious

    David’s Answer

    I have not seen the original post as my colleagues seem to suggest this is being asked again, but I will add that you cannot get intensive probation on a Class X felony and the State and Judge cannot be forced to reduce your case from a Class X to something lower... Your only options are (1) go to trial and be found not guilty, (2) go to trial and be found guilty of a lesser offense that is a probationable one, or (3) have your lawyer discuss the strengths of your case and all the mitigation of your good character with the prosecution and hope for an offer that doesn't include jail.

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  • Do I have to pay a restitution fee up front if I plead guilty to probation?

    I am on an armed robbery charge. My case will be over with once I plead guilty to probation.

    David’s Answer

    Probation is not available for an Armed Robbery charge, so the charges against you are getting reduced. Since the charges are being reduced against you I assume that there is a plea bargain in place. You need to talk to the lawyer that set up your plea bargain and the terms of the plea agreement as to the arrangements to pay back any restitution as a condition of the plea. I will say this, you have no bargaining power here and are at their mercy, normally you would be going to jail for a minimum of 6 years, your lawyer must have done a good job, or the evidence must have been very weak.
    Good luck

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  • For a speeding ticket, 15 over, what difference between going to court and get supervision and no court anddoing traffic school?

    I was curious what the difference was and which one costs more money.

    David’s Answer

    It is basically the same thing... except for the time you will have to either spend in court or spend at traffic school. Traffic school takes a lot more time then going to court. That being said, when you go to court and get supervision there will be additional court costs added to your ticket, however, when you send in the ticket and if eligible ask for traffic school then there will be an additional cost for the traffic school, basically a time issue. If it was me, I would say go to court, hope the officer doesn't appear and it gets dismissed, if not, take the court supervision. But if you didn't do what you are accused of you can always hire an attorney to take the case to trial.
    Good luck

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  • Can I change my mind? Can I change the statemant?

    I have been arested for forgery of proscription. I have never been arrested before. I was scared and didn't know what is going to happen to me. The detective told me to cooperate and sign a statement if I want to see the judge. I also had been tol...

    David’s Answer

    You can't change the statement that you already made, however, you can explain why you made the statement, and if you made false statements to the police under the impression that they gave you that if you told them things they would not charge you, that can be heard at your trial.
    Hire an attorney.
    Good luck.

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  • What am I facing after I was caught with 7 grams of weed?

    This is my first time offense. I have a job and I'm a college student. The court date is the july 16th.

    David’s Answer

    Here is a link to all possible penalties for possession of Cannabis:
    http://dev.ewebpreview.com/312defense.com/chicago-marijuana-defense-attorney/

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