1st Offense No Criminal History, I have not been sentenced yet. Not sure if my case will be plead down to simple battery yet. Can this be erased if I complete their terms and classes? Or will it forever haunt me from getting a decent job?
Conditional discharge and probation are both convictions under Illinois law and in Illinois no conviction can be expunged.
The only exceptions, rarely granted, are that (1) an honorably discharged veteran can sometimes obtain a certificate of eligibility from the Prisoner Review Board that will allow a court to expunge certain Class 3 or Class 4 felony records and (2) a conviction can be expunged if the Governor grants a pardon with an order for expungement.See question
My brother was convicted and sentenced for aggravated battery with a fire arm class X felony, 9 years. the gentleman that was shot had a bag for his intestines and it was removed he was put on special diet and given strict instructions to be on be...
I would expect the State's Attorney to consider charging your brother with murder (courts do not charge; prosecutors do) and I have been involved in cases in which murder charges and convictions were upheld under circumstances similar to what you describe. So yes, a murder prosecution sounds like a realistic possibility if the man dies. Of course, the details of the particular case would control.See question
I stole a small $10 charger and they said I'll get a letter in 2-3 weeks but I never did and I don't know what to do I'm scared I can go to jail
Don't do anything. Better if they never contact you, and there is no point in waking them up. If you do get such a letter you are probably going to be best ignoring it for the reasons summarized by Ms. Goldstein, although I recommend that you review it with an attorney. Whether or not you ever receive a demand letter, and whether or not you pay it, will have nothing to do with whether or not you are criminally prosecuted. The one has pretty much nothing to do with the other. Although criminal prosecution remains a theoretical possibility, it is unlikely to happen. Usually if a prosecution is going to take place, the police are called to the store and the accused shoplifter is arrested and charged immediately. Delayed prosecution on such cases is rare.
One last thought. Being a thief is not exactly something to be proud of. Whether you are prosecuted or not, and you probably won't be, never let the thought cross your mind again.See question
I have rummaged the internet for an answer to this question. I cannot find any case law that clearly lists the factors required for a motion to vacate. Does there have to be new evidence introduced?
What is it that you want to vacate, and for what reason?See question
Also is charged with 3 counts of robbery , all of the vitims were in their early 20s who were all associated with gangs. Saying this was all "gang related".
Your question is, I am afraid, not very clear. You leave of guessing whether you have been convicted of anything or whether, on the contrary, you have only been charged. An appeal is taken from a conviction, that is, from a finding of guilty and a sentence. If you have not been convicted there is nothing to appeal, and you fight the charges against you in the trial court. Normally one can appeal from a conviction and sentence, but there may be exceptions. In many states, for example it is difficult, or even impossible, to appeal after entering a plea of guilty. You need to consult an attorney in the state where you have been prosecuted. These are, obviously, very serious charges and you need representation by skilled and experienced counsel.See question
My family member has been incarcerated since 1989. Family member was charged with 2 offenses. First offense is a 25 year to life sentence. The Second offense is a 15 year to life sentence. Both sentences are consecutive. The 2nd offense is fo...
In states that have, or that used to have, a death penalty there are lawyers who have extensive experience in developing and presenting mitigation evidence in capital cases. An attorney with that kind of background would be a good choice for a pardon application in a serious case. I agree with my colleagues that a pardon request is generally a very steep uphill fight, and the probability of a successful outcome is not high.See question
Husband wrote to the 3rd dca trying to get a appeal on his behalf the state took 5 months asking for a continuous one after another now when I go to look it says: Respondent's motion for extension of time to file a response to the petition for wr...
I cannot speak for Florida appellate practice specifically, but as a rule a request by the opposing party for a continuance or an extension of time is neither good nor bad. It is merely a reflection of the virtually universal reality that lawyers and judges, and particularly lawyers working for public agencies like the prosecutor or the public defender, carry heavy caseloads and large backlogs and are usually unable to keep current on their work. Even private attorneys, with much lower caseloads, frequently have to ask for multiple extensions of time. When the court tells respondent that "no further extensions will be allowed," it is saying, "Time to put this case on the top of the stack and get it finished." Presumably respondent's attorney will try hard to comply.See question
so I tried to cash a check I received in the mail I believed was for work I completed with a temp service I was employed with. turns out the check was no good and the police where called. I was taken in to custody but they released me the same nig...
There is no such thing as a good enough defense not to be charged. You have been charged and you will have to fight the case, which you should not attempt to do alone. You should retain an attorney to represent you. If you cannot afford to hire an attorney the judge will appoint the public defender to be your attorney. No, you will probably not go to jail on your initial court date unless you try to represent yourself and wind up doing something stupid, in which case yes, it could indeed happen. Don't try it.See question
how much time do he have to do in prison
The mittimus signed by the judge, which is part of the court file, will show how much credit he received (he should get credit for every day he served in the county jail) and you can check the Illinois Department of Corrections web site for his release date as calculated by the department. If you think the release date may be incorrect, contact his attorney.See question
Some guys was chasing me from a bar. Out of fear I went into someone house, I ask them to call police for help, police show up and lock me up for trespassing I'm the one who ask them to call police for me to get help.
If the jury believes your story then you might be found not guilty under the legal defense of "necessity." If the jury does not believe your explanation you could certainly be convicted. The fact that you asked the people in the house to call the police is not, by itself, dispositive. By which I mean, that by itself will not get you off.See question