Legal Question in Criminal Law in Illinois

y brother who just turned 18 two months ago was in the nurses office at his high school and called me to bring him Advil for his toothache. By the time I got to the school the dean was telling me that she had had to call the police because they found brass knuckles and 2 bullets in his book bag.

After speaking with the dean further she explained that she saw 2 students arguing over my brother�s book bag in the hallway so she confiscated it. After looking through the bag she discovered the 2 bullets and �brass knuckles�. They questioned my brother, he stated that it was in fact his book bag but he left it in the cafeteria and did not know where the items came from. He was arrested and has been held in jail for the last 6 days. He is being charged with a class 4 felony for 2 counts: 1) unlawful uses of weapons - carry/posses firearm in public school and 2) No valid FOID card.

After obtaining documentation from the high school I learned that there were 2 bullet shells (don�t know if this makes a difference) and a potential weapon (bent piece of metal) � not �brass knuckles�.

My questions: Can you be charged with a firearm felony when you do not have an actual firearm?

Couldn�t his bag have been tampered with when he left it in the cafeteria?

Is it typical to have a student arrested for this?

Is this case worthy of a felony charge?

Could he have been falsely accused and now falsely held due to an assumption of guilt?

I should note that my brother does not have any


Asked on 10/12/10, 1:33 pm

1 Answer from Attorneys
Andrew Pavlinski Pavlinski & Elkins

It is very possible that someone did tamper with the bag and wrongfully accused. It is not clear what exactly he is charged with, but it is critical that he speak with a criminal defense attorney immediately to protect his rights.

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Answered on 10/18/10, 2:03 pm


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