I shoplifted at kohls. No legal action was taken but I'm banned from the store and will be waiting for a bill in the mail. How will they know if I go back in to the store again?
It is like any other criminal activity. They might not find out. But if they do you could be prosecuted for criminal trespass, and perhaps for the original retail theft as well. We get this question all the time, and I have to ask in return, why would you want to go there?See question
I am a victim of sexual abuse. My abuser was sentenced to 45 years on 1 count class A child molesting because I was only 5 when he started molesting me. It also went on for 14 years and progressively got worse to the count of rape. So the judge se...
It is impossible to tell how likely it is that the defendant will obtain relief on appeal because we do not know the record and have no way of evaluating whether the trial is tainted by evidentiary or other legal error. Just statistically, most appeals fail; but that tells you nothing about what the outcome would be in any specific case.
You are not a party to the case and have no right to appeal. If the defendant appeals the prosecutor will participate in the appeal and will argue why the conviction and sentence should be upheld.
If the defendant does succeed on appeal then relief could take the form of an order vacating the conviction and directing the defendant's release from prison, an order that the case be retried, or a reduction in the sentence, depending on the grounds on which the appellate court decided the case. The losing party in the appeal might be able to ask for further review from a higher court.
An appeal often takes a year or two. If you wish, you can ask the prosecutor's office to keep you posted on the progress of the case.See question
I made a proper turn on a red light without oncoming traffic and received a violation. The light turned green approximately 1 second after my turn. The green arrow was on for left lane turners. There was no "No Turn On Red" sign at that particular...
The ticket will have instructions on how to contest the violation if you want to do so.See question
Last year when I was 16, my boyfriend, who was 17 at the time, and I had sex, and today someone found out, and is attempting to use it as blackmail and go to the police. Could either of us really get into trouble for having sex?
The police probably are not interested in a claim that two young people of 16 and 17 had sex a year ago particularly where, as my colleague pointed out, there is no evidence. But in the unlikely event that the police do investigate and that they want to talk to you, you must know and obey the first rule for every person accused or suspected of a crime: DO NOT TALK TO THE POLICE UNLESS YOUR ATTORNEY TELLS YOU TO DO SO AND EVEN THEN DO NOT TALK TO THEM WITHOUT YOUR ATTORNEY ACTUALLY PRESENT. If you are contacted you must politely but firmly decline to talk to the officer until you have consulted an attorney, the attorney has advised you to talk to the police (which will seldom happen) and your attorney is actually present. And do not talk about your sex life with anybody else, either. You have already learned what happens when somebody talks about illegal conduct.
And permit me to point out that your posting admits a criminal act and could be used as evidence against you. In the unlikely event that the police were to seize your computer, your posting would be found and the police would have evidence on which to prosecute you . . . not much perhaps, but strong cases are built out of tiny pieces. I have represented many clients who were undone and sent to prison by their own emails.See question
His lawyer is going to court now to get his time reduced.she is going to court right now for status hearing. he has been in for 15 years in sept for first degree murder. He got 45 years.I just wanna know if this can actually happen.
It would be very unusual but might not be impossible. The court would normally have lost jurisdiction to modify the sentence long ago, and a judge in Illinois does not have the authority to simply reconsider a sentence that has become final. If, however, some legal defect in the sentence has recently arisen (as could happen, for example, if the US Supreme Court or the Illinois Supreme Court has recently declared aspects of the sentencing statutes or procedures applied in the case retroactively unconstitutional) then the judge might be able to do something. Otherwise, usually it is only the Governor who can reduce a final sentence through the executive powers of pardon or commutation.See question
How can I find out if a warrant is going to be issued or do I have a warrant out for my arrest? I didn't violate porale or probation.
There is no sure way to find out. However, my experience has been that sometimes the State's Attorney or the investigating detective will just tell me if I call on behalf of a client. That is particularly true if the client is willing to surrender on the warrant and the authorities are confident that I will in fact be able to produce the defendant as agreed. It also assumes, of course, that the client is not considered to be a danger to anybody. Of course, sometimes they just want to keep the warrant a secret until arrests have been made.See question
At 17 in 2000 in Illinois I Alfred pled to Aggravated Battery as a adult, my question is now that Illinois would possibly send that to juvenille court in 2017 is what about cases like mine, is there no way to seal or exponge this. Ive opened a bus...
You are probably aware that the general rule in Illinois is that records of convictions cannot be expunged but that some conviction records can be sealed. A quick look through the applicable statutes seems to suggest that your aggravated battery records are probably not eligible for sealing. Some forms of aggravated battery may be eligible for expungement if the convicted defendant is an honorably discharged military veteran and can persuade the Prisoner Review Board to grant a certificate of eligibility for expungement.
If the certificate of eligibility route is not available, your only path to expungement is to get a pardon with an order for expungement from the Governor. That is a major, and distinctly uphill, project. Your conviction goes back a long time, however, and you were very young at the time of the offense. It might be worth exploring a pardon. I suggest you discuss the matter with an attorney.
Good luck.See question
I am trialed under Texas law for promoting obscenity in Fort Riley, Kansas? Will I be trialed under federal code title 18 section 13 because it occurred in a federal area? Or will I be trialed under state law only because I am trialed under Texas ...
Perhaps you could be prosecuted by both state and federal authorities, but that is relatively unusual. As a rule, if one authority prosecutes an incident, the other will not bother. But it can happen and sometimes it does.See question
Is there a CRIMiNAL law state or federal that says that if someone purposely ignores a reported terrorist threat that is serious ( and heard in arabic on campus). Or there no such criminal law? If so, Which.
Mr. Rafter is absolutely correct. You should not think for a moment of representing yourself on a criminal charge. I have been practicing high level criminal defense work for over forty years and I would never attempt to represent myself. Neither would any lawyer that I have ever known. Neither should you.See question
I have a 14 year old daughter that when at her moms meet a 18 year old male and was convinced to have sex with him. Her mother seems to be encouraging this behavior by having this male stay the night and picking him up for meeting from more than 2...
You do not "have someone charged" with statutory rape or anything else. Only the public prosecutor can make the decision to charge somebody with a crime. You can report this incident to the police and they will conduct whatever investigation they consider appropriate. If they believe that the facts support criminal charges they will so recommend to the State's Attorney of your county, and the State's Attorney will make the decision whether or not to prosecute.
I do not know what is going on at your daughter's mother's house, nor do I know the source or strength of your information. I also do not know whether the young lady's mother is your wife, your ex, or somebody else entirely. I can tell you that once you bring the police into a personal matter you can never send them away again. The whistle cannot be unblown and they are in control of the situation with their own agenda, which may or may not accord with yours. The young man might be prosecuted . . . or he might not be. Your daughter's mother might be prosecuted . . . or she might not be. I don't know what the police will find out about your daughter . . . or about you for that matter. You are talking about some various serious charges and consequences that you cannot foresee.
I am not telling you what to do. The decision whether or not to go to the police is yours . . . for now. If there is somebody you trust for advice, perhaps an attorney, a doctor, a member of the clergy, or other members of the family, you might seek advice and ponder your alternatives before you initiate measures that, once started, cannot be stopped or undone.See question