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The state police in Arkansas are investigateing a misdomener…

Customer Question
The state police in...

The state police in Arkansas are investigateing a misdomener charge of disorderly coduct which happened in illinois 35 years do i need an attorney.I am applyong for my chl in Arkansas and it was my understanding that this would be expunged but apparently not so.b

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

35 years ago in Illinois.

Lawyer's Assistant: Have you talked to a lawyer yet?

No I thought this was forgotten years ago.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it possible that I will be arested?I was under the impression that this would be expunged.

Submitted: 4 months ago.Category: Criminal Law
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Answered in 15 minutes by:
12/7/2017
Criminal Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Criminal Law
Satisfied Customers: 2,043
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your criminal law question today. I'm attorney Bill offering support and assistance today. You are entitled to legal representation and to have your attorney present during questioning but aren't obliged to cooperate with an investigation and you can assert your fifth amendment rights to not unduly incriminate yourself.

Because the crime occurred over thirty years ago and is a misdemeanor crime it has now passed the statute of limitations for prosecution, so this isn't something you can be prosecuted for at this stage.

Any crime not listed in 3.5 a cannot be prosecuted after three years:

"Sec. 3-5. General limitations.
(a) A prosecution for: (1) first degree murder, attempt to commit firstdegreemurder, second degree murder,involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidaldeath, treason, arson, residential arson, aggravated arson, forgery, child pornography under paragraph (1) of subsection (a) of Section 11-20.1, aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offenseinvolving sexual conduct or sexual penetration, as defined bySection 11-0.1 of this Code in which the DNA profile of the offender isobtained and entered into a DNA database within 10 years after the commissionof the offense, may be commenced at anytime.Clause (2) of this subsection (a) applies if either: (i) the victim reported theoffense to law enforcement authorities within 3 years after the commissionof the offense unless a longer period for reporting the offense to lawenforcement authoritiesis provided in Section 3-6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense."

We are here to help, so please follow up with me as you may require.

In return remember to rate positively today.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today before your exit.

Thank You

Attorney Bill

Ask Your Own Criminal Law Question
Criminal Lawyer: Bill Attorney, Lawyer replied 4 months ago

Dear Customer ,

I would like to follow up your question to which I posted a reply a few days ago.

Do you need any further information ?

Happy to help.

Just a reminder, I'm an independent legal expert and rely on your positive feedback to get a credit for my time.

It's a reciprocal service.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today for the help received.

Thanks

Attorney Bill

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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