I read about californias elder abuse law to report is 1 to 4 years is it the same for illinois and when the accused leaves the state that would toll the statute I think too The elder abused is now deceased
If you believe that you have information about criminal activity that should be reported you do not concern yourself with the statute of limitations. You make your report to the police or other property authorities and you let the prosecutor worry about whether the statute of limitations, or any other legal or factual considerations, would prevent a successful prosecution. The prosecutor is elected and paid to look into those often tricky technical questions. You have no reason to concern yourself with them.See question
I got kicked out of the military and have a federal misdemeanor. My state record is clean but I feel I get turned down for jobs because of my misdemeanor on my federal record?
Your federal conviction record is permanent.See question
Some windows were broken to my girlfriend's car i looked inside to see the damage and the police pulled up i was arrested an charged with burglary now im at the pretrial stage and the complaining witness wants too tell the truth because i had keys...
That (1) nothing was taken and (2) the complainant does not wish to pursue the case will not, by themselves, prevent a prosecution and a conviction for burglary. The taking of property is not an element of the offense of burglary. The charging decision does not belong to the complainant. The State's Attorney will make the decision whether to pursue the burglary charge, pursue another, possible less serious, charge, or dismiss the case entirely.See question
Back in college my friend and I used to go to the gun range and shoot at least once a month. We have since reconnected through social media some 10 years later. She plead guilty to a felony drug charge and did time for it and is now out on proba...
I have known cases where people were convicted of a federal felony for doing exactly what you propose. The answer, I am afraid, is absolutely not!See question
He drove into a parking lot and got to close to a man on foot didnt hit him just drove to close
So it starts out as Mr. Devendorf says, if jail is a possible punishment then he has a constitutional right to an appointed attorney. But then, as Mr. Harvatin adds, if the prosecutor agrees not to seek jail time and takes that possibility off the table, and the judge commits to not imposing a jail sentence, then the right to an appointed attorney has been extinguished and the judge no longer has to appoint counsel.See question
What is the meaning of this statement...."defendants motion to terminate case without conviction granted"? How does this effect her life going forward such as background checks for jobs .Will she also need to get it expunged? She did TASC and sati...
She got a good outcome. The case has ended without a judgment of conviction and she truthfully tell anybody that she has never been convicted of a crime. She is also eligible to ask the court to expunge her arrest and court records. Unfortunately, as Mr. Mullenix points out, there is a waiting period. Until the waiting period has expired, she has filed her petition, the judge has granted it, and all the necessary agencies have complied with the order, her arrest and court records will continue to show up on background checks. Yes, I strongly recommend that she get her records expunged as soon as she becomes eligible. At some point before that she might be able to get them sealed, which would improve her situation until it is time for expungement.See question
Also his bond amount is 1,500. Now his amount for the county he is in jail for now is 1200 but he has a hold for another county which is 300 so comes out to 1500. If he is able to get probation will that cover for both counties or will they still ...
Let him not be in such a hurry to ask for probation. In Illinois, probation is a criminal conviction, is not expungeable, and will leave him with a criminal record around his neck for the ret of his life. That is hardly worth the price of bonding out of jail. He has two pending charges in two different counties and he should have a lawyer who can evaluate his cases and figure out with him what is the best way to get this mess resolved. If he cannot afford a private attorney the judge will appoint the public defender to be his lawyer.
By the way, the prosecutor in Illinois is called the State's Attorney, not the DA.See question
I recently worked at Kohls , it was my first job. and I was told that employees could only put clothes on hold , or items over $25 . ( mind you my record is CLEAN) during my break I Grabbed a shirt and a cup (World Series , cubs) and I concealed t...
This is not your case against Kohl's, it is the prosecutor's case against you. Of course you can contest the ticket (since you refer to a "ticket" I suspect that you have been charged with a municipal ordinance violation rather than with a state criminal charge, and if true that is a good break for you) but I strongly recommend that you retain an attorney to represent you rather than attempt to defend yourself. As to the civil demand letter that Kohl's sent you, you have no legal obligation to pay it unless and until a judge orders you to do so. Since you have a criminal charge, or at least an ordinance charge, already pending against you, I would discuss the civil demand with your attorney. Many excellent attorneys generally recommend that clients simply ignore civil demand letters, but the situation is different when a charge has actually been filed, and I recommend that you decide how to handle the demand letter in consultation with your attorney. Good luck.See question
Last Saturday, I had fallen outside of a party at my college campus. Due to this fall, I had severely-cut my head. I had been drinking this night and was very intoxicated, my friends attempted to help me back to the dorms so I could wait out the n...
There may be a number of ways in which this case can be resolved. You should contact a local attorney whose criminal defense work is respected in your county. And do not invest too much terror in any charge that my result from this situation. What you really need to worry about is what this incident says about you and alcohol. About that you should be extremely scared.See question
Most of the cases I've researched do "petition for rehearing or rehearing en banc" - so, do you just write both? My understanding is just petition for rehearing goes before the same people that already rejected your appeal & "en banc" goes before ...
A petition for rehearing in any form is usually a total waste of time and energy, and I seldom file them. I have probably filed four rehearing petitions in what is now something over forty years of appellate practice.
A petition for panel rehearing and a petition for en banc rehearing serve entirely different purposes. Neither purpose is served by a petition that reiterates arguments already made in the briefs and neither purpose is served by a petition that merely tells the panel that it was wrong, or stupid, or prejudiced, or any of the other things that disappointed litigants think the court needs to know.
A petition for panel rehearing is appropriate where there is good reason to believe that the panel has actually misunderstood an important factual or legal issue in the case, or that it has unintentionally created a result that it did not intend with its original decision. Such cases are very unusual, but in the appropriate situation you may see relief granted. I won a reversal in a criminal appeal a number of years ago on an issue regarding the authority of a municipal prosecutor to prosecute the violation of a state statute. The court gave a very broad ruling in my favor. The State sought rehearing, pointing out that the ruling was more open-ended than it needed to be to decide the case, and that it could cause confusion regarding the powers of state and municipal prosecutors. The court granted rehearing and rewrote the opinion, confining its ruling to the specific facts of the case. I still won, but the court agreed to spare the State a headache in the future. That is a proper use of a petition for panel rehearing.
En banc rehearing is appropriate where there is disagreement within the court itself, and where different panels of the court have made conflicting rulings on an important legal issue. Where this happens, en banc rehearing calls all the sitting judges of the court together to decide the issue in conflict, and from then on all panels must follow the en banc ruling.
Different courts have different practices about how they want these petitions captioned. The seventh circuit, for example, wants a request for panel rehearing to be captioned simply as a petition for rehearing. It wants a request for en banc rehearing captioned a petition for rehearing with suggestion for rehearing en banc. This is a question for which a telephone call to the clerk would get you the most reliable answer.
But the question is, why are thinking about rehearing at all? Why not just file a petition for certiorari with the Supreme Court? A request for rehearing should either have a clear and serious purpose or should not be filed at all.See question