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Vijay Ratan Sharma

Vijay Sharma’s Answers

49 total

  • Am i able to move on probation

    I am on misdemenaor probation for two years in illinois i have been on it for 7 months so far. i want to kno if i am able to move out of state if i modify my probation instead of transferring to the state i want to move

    Vijay’s Answer

    Depending on the type of violation I would say typically, yes. This is possible through what is called the interstate compact laws. Each state has agreements within another to uphold their agreement.

    But you can look back to a prior question I answered on probation where I discussed how it is a contract between you and the Judge.

    Part of the contract says you can't leave the state. So that is why YOU MUST ask for permission to leave the state. Don't simply leave. Many of my clients have had to leave Illinois for work, I've found that Judge's are receptive to that since they understand the market here.

    I can't tell if you need a lawyer because I don't know the precise conditions of your probation. Some clients have been able to modify the condition on their own while others have needed me to come in with them to make the request.

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  • 2nd speeding ticket in a year in 2 different counties (1st in Cook County, IL, 2nd in Lake County, IL), what to do?

    I received court supervision after a 4 hour traffic school for my first ticket which occurred on March 22, 2012 for Cook County, IL. I just got busted on August 24, 2012 in Lake County, IL for going 30 mph over. However, because each county is d...

    Vijay’s Answer

    Yes you will need to hire a lawyer. to answer your questions, Cook County's supervision is four months long typically.

    While I am perfectly willing to tell somebody that whether or not they need a lawyer, your age is very relevant here. If you are under the age of 21, there is a possibility of suspension. But even if you are above 21, you don't want speeding tickets to pile up. Think of it this way, if you deal with this ticket properly right now, you save added costs, insurance, court fines, or reinstatement costs later on. Save your future-self the headache by dealing with it properly now.

    Many of us are well-versed with both Cook County and Lake County and have represented many clients in both.

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  • My 18 year old son was charged with a class c misdemeanor for pot on a university campus. What as a parent should I expected

    He has never had a criminal record.

    Vijay’s Answer

    Jurisdiction is a major issue here. The different counties take terribly varied apporaches. As is the charge itself in HIS situation for a few reasons as I have seen and helped to prevent with my own clients and students.
    1) Financial Aid - under the Higher Education Act, he may have his financial aid suspended depending on the case disposition.
    I will quote the higher education act:
    "SUSPENSION OF ELIGIBILITY FOR DRUG-RELATED OFFENSES-

    `(1) IN GENERAL- A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:

    `If convicted of an offense involving:

    The possession of a controlled substance:

    Ineligibility period is:

    First offense
    1 year

    Second offense
    2 years

    Third offense
    Indefinite.

    The sale of a controlled substance:

    Ineligibility period is:

    First offense
    2 years

    Second offense
    Indefinite."

    so while the disposition is absolutely draconian, this is unfortunately the current law in the country.

    2) Jurisdiction- while Cook County may be more liberal on this issue in certain courthouses, leading to more fair dispositions, McHenry is not as kind on average. DuPage and Lake can be split depending on the courthouse and prosecutor

    Immediate Action to take as a Parent - despite whatever disappointment you must feel at the moments, hire an attorney immediately. I've been able to find a measure of success with small amounts of marijuana by demanding the lab technician appearance in court. In many jurisdictions, they are much too busy with larger (and more serious) drug cases. Therefore, they avoid court. I was blatantly told the same when I was a prosecutor.

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  • Received 2nd probation violation in wa for a public intox in il. what can i expect

    I got a public intoxication ticket in illinois and now i have a hearing for a probation violation in washington state where i got my first dui almost two years ago. i have paid all my fees and classes, done my community service hours, almost a yea...

    Vijay’s Answer

    It's between attorney in Washington, as stated. But current preparation will always beat out future perspiration, so get all of your records together well before the court date. If you have paid all of your fines and fees, get your receipts. If you have completed all of your community service hours, have documents stating the same. Do NOT expect or depend on the state to have the evidence. Be prepared, therefore you will make your attorney more prepared in order to argue against having you sent to jail.

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  • Will I qualify for deferred action?

    I was arrested for driving without a license in Illinois according to my paperwork it was referred to a 6-101 violation. I did research and I found that in Illinois that is considered a class B misdemeanor. I do meet all the other criteria for def...

    Vijay’s Answer

    The 6-101 violation is driving without a valid drivers license. Do not assume the criminal justice system is as automated as the Post office. It truly is not. The ability to give deferred prosecution lies with the judge. The ability to dismiss the case lies with the prosecutor, it is called prosecutorial discretion.

    When I was a Cook County prosecutor, we had standing orders to never dismiss a driving without a valid license ticket. At minimum, we offered supervision, certain judges will only convict for this offense.
    There is also typically no form to fill up, other than the sentencing or fines form. Get a lawyer to walk into the court with you. If my engine were about to fall apart, I'd want to have a mechanic next to me. In the same way, you should want a lawyer next to you. We traffic lawyers do these type of cases every single day of our lives, just about.

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  • I received 2 speeding tickets in the last month in IL (August 2012). Can I do traffic school for both tickets?

    Prior to these two tickets my last ticket was on 5/14/2011. I have already paid for traffic school for the first ticket, but have not yet completed the course. Unfortunately, I received a second ticket before I could even start traffic school for ...

    Vijay’s Answer

    Traffic school will kick you out for the second one. You can try to take one traffic school, but the better idea is to get an attorney to try to take on both cases. I've had this exact situation several times and we have had several combinations of what can happen, but I will tell you right now: traffic school will boot you out the minute they learn of the second one. They might let you do the first, but not the second.

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  • I was on court supervision for 1 year charged with a dui the year is up the judge said case closed,. will this show on record

    I am trying to start working and was told criminal background check will be done along with finger prints its at a school so I think they may dig deep to look for negatives

    Vijay’s Answer

    You are correct that they will dig deep Schools have to under the regulations placed on them. Many of my clients mistake that they only have one background. Think of two filing cabinets, one has all of your criminal background. The other has your entire traffic background. A DUI, if it is a misdemeanor and you did not go to jail, will be in the traffic filing cabinet. The criminal background is available through the Illinois State police, the traffic background is available through the Illinois Secretary of State's office.

    The Illinois Secretary of State's office has the same level of access as any other police officer. They will be able to see your DUI.

    However, think back to when you were in court. Many people appear for DUIs. In the Cook County area there may be as many as 50-100 DUIs every single week. It is not a rare offense. More importantly, it is not an intent related offense. The DUI does not require that you intended to drive drunk. It simply states that you were impaired by drugs or alcohol while you were driving. It has been same mental intent requirement that speeding.

    The farther behind you the DUI is, the better. I have told my clients that it is easier to explain offenses further back in their history then more recent offenses. There are also other ways to explain this offense away. If you wish, (and I hate doing this) you can contact my office at my cell phone available on my profile. We can discuss the different methods of taking this on. At no cost in this instance.

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  • Under 21,and i have two speeding tickets,my license is suspended,and i took a remedial course,got my ticket motioned,whats next

    i took a remedial course,and asked for my ticket to be motioned, can i get my license back?

    Vijay’s Answer

    It's almost impossible to answer this question without more information. The courts control your tickets. The secretary of state controls your drivers license. They do not answer to each other. Depending on your tickets, it may not matter what happens in court. Secretary of State can ignore the court under certain conditions.

    If you are under 21, then getting the ticket dismissed would be the best thing. But asking a judge to do that is asking quite a lot. I had a case where I had more luck having an informal hearing with the Secretary of State. So you can try your current course of action, but take a look at the informal hearing process also, depending on your ticket. you can go to the Secretary of State's website, it is more informative than most government websites.

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  • I just got a dwlr whats the worest out come of this

    i have unpayd fine and back child suport from keeping me from getting them back

    Vijay’s Answer

    Assuming that your case is a misdemeanor, the worst you can receive is $2500..00 fine and 364 days in jail. The problem with back child support and unpaid fines are that you will be able to make a payment plan, however the suspension will not come off your record until everything is paid off.

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  • Probation violation hearing at cook county for dirty drop

    I'm curious what usually happens at court for hearing on a dirty drop...its first dirty drop and alilttle nervous...wht usually occurs at court... what are possible consequences?

    Vijay’s Answer

    Although it all can depend on the charge, the judge will ask you why you dropped dirty, and then at that point the judge can even take you into custody.

    Probation is a deal that you make with the judge where the judge has control over you but you don't go to jail. Dirty drops violate your end of the bargain.

    If it goes to hearing, you have a problem since you have already plead guilty on the charge, so you're only talking about punishment.

    What you need to do right now, if you are serious about the case, his contact a lawyer right away. Make sure they have done violation hearings before since it is a much different animal than a regular case.

    Your main disadvantage is that do not have the same constitutional rights as you do in a normal case.

    The worst case scenario is the judge will resentence you to the maximum sentence for your crime. I'm not going to guess time since you didn't mention the crime.

    Do not treat this like a roulette wheel, you will lose and the house well win. If you walk in with a lawyer you at least have a shot. Walking in without a lawyer on a case this serious only goes to show the judge that you are not serious about this violation. Don't do that to yourself.

    Thanks,

    Vijay R. Sharma, President,
    The Law Office of Vijay R. Sharma,
    8820 Skokie Blvd., Suite 252,
    Skokie, IL 60077
    C: (847) 337-2716
    Fax: (847) 332-0378
    Visit http://VRSLegal.com for our services,
    Sent while mobile from my iPhone

    Thanks,

    Vijay R. Sharma, President,
    The Law Office of Vijay R. Sharma,
    8820 Skokie Blvd., Suite 252,
    Skokie, IL 60077
    C: (847) 337-2716
    Fax: (847) 332-0378
    Visit http://VRSLegal.com for our services,
    Sent while mobile from my iPhone

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