- the victim & a witness called 911 for an assault case - the victim felt that it wasn't serious to press charges & was done in the spur of the moment - the victim would not like to press charges or appear in court
It is not up to either of them whether the case is prosecuted or not. The prosecutor will make that decision and it may accord with their preference or it may not.See question
My boyfriend was pulled over and ticketed in Kankakee County for speeding 26 - 34 miles over speed limit. He has been to court with a Public Defender, continuance after continuance, waived his right to a jury trial, and now they found him guilty....
I cannot answer your question about what kind of a sentence he might realistically be facing in Kankakee, but I can at least tell you that what the public defender told him about an appeal is correct. An appeal cannot be initiated until after final judgment is entered, and in a criminal case the final judgment is the imposition of sentence.See question
I was pulled over for using an electronic device while driving. Reality is i was using my GPS, but that's neither here nor there. I was subsequently arrested after the officer ran my license and it came back suspended, which I was unaware of. My i...
It does not sound like a custodial interrogation situation, so there was no reason for Miranda warnings. And you made no statement anyway, so there would be nothing to suppress even if there were a Miranda violation. So Miranda will probably not be an issue in your case. It also sounds like the search of your car was pursuant to an inventory necessitated by your arrest, in which case probable cause was not necessary. And apparently nothing was found that could be introduced against you at trial, so there is nothing to suppress. So the search will not be an issue in your case, either.
You need an attorney to help you on the charge of driving on a suspended license.See question
In 2003, I received court supervision for a misdemeanor retail theft. In 2010, I was convicted of criminal damage to property and got probation. In 2015, I received court supervision for misdemeanor retail theft. Can I still get the 2003 arrest s...
Your criminal damage conviction will prevent any of your records from being expunged. You may still be eligible to have any or all of them sealed at the end of all applicable waiting periods. If you were able to get your criminal damage conviction vacated (as you propose in your comment to Ms. Goldstein's answer} then you might become eligible for expungement on all of your records. The only way I can see you being able to do that is by post-conviction seeking either to vacate the conviction directly or to reinstate your appeal, or by obtaining a pardon from the governor which includes an order for expungement. Don't kid yourself. Both of those are very difficult, steeply uphill remedies with, in general, rather poor prospects for success. And you appear to be beyond the post-conviction deadline, so that door may (subject to very few exceptions) be shot.
If anything can be done to remove your records, it is beyond the scope of a Q&A forum like this and you will need some serious work by an attorney. Unless and until they are expunged or sealed, your arrest and court records will continue to appear on background checks.See question
I have been offered a court supervision plea on a retail theft charge... I know that often there is language about being able to leave the state... I am planning to begin grad school out of state next year, which would be several months before my ...
I would bring it up prior to sentencing. If you do that the judge will probably include a provision allowing you to leave the state to attend school in the supervision order, and you won't have to come back later to ask for permission. If you have an attorney (as you should on this charge) rely on your attorney's advice.See question
Nephew drove onto a 3 hole golf course next to a small town school that is close now and was charge with a class 3 felony damage to state property. He was only 18 and it was stupid, but he petition the governor and was denied. This boy doesn't h...
The governor might very well find that (1) a murderer who has turned his life around after thirty years in prison is entitled to some recognition and should not have to die behind bars, but that (2) your nephew got no more and no less than he deserved. That is what "discretion" means. It is the governor's decision who gets clemency and who does not (because, in the old times, clemency was an unfettered prerogative of the king) and there always is, and is supposed to be, a subjective element to a discretionary decision.
I usually advise clients who ask me about pardons not to apply until at least twenty years have passed since conviction and the applicant can demonstrate having lived down the conviction with a socially useful lifetime. It sounds as though your nephew moved much too early. Pardon are not granted that casually.See question
I'm still in the state for school and on supervision I'm staying out of trouble will I still need to post bond probably if arrested
If the problem is that you cannot afford to pay your fine, I would suggest that you contact an attorney and get this matter before the judge for an extension of time in which to pay. You do not want to be in violation of any terms of your supervision.See question
plaintiff is an IN resident and I, the defendant is an IL resident. I was accused of vandalism by a disgruntled person who wanted to have a relationship with me.I found out that the guy undocumented that became angry because I changed my mind abo...
If there is a criminal case against you then you are being prosecuted by the State of Indiana. There is no plaintiff in a criminal case and the person with whom you have had problems is not a party to the case and will be nothing more than a witness, at most. Anybody facing a criminal charge should be represented by an attorney, and if you are being prosecuted in Indiana you need an Indiana attorney to defend you. Your residence in Illinois has nothing to do with the case and is of no legal significance at all.
You should do two things. First, retain an Indiana attorney to represent you on the criminal charge. Second, see if you can get Avvo to delete your posting and never again discuss the facts of a pending criminal case in public.See question
I am currently unemployed and had no income. Am I qualified?
I defer to whatever my Texas colleagues may have to say on this question, but the court is not constitutionally required to appoint counsel, and in many states will not appoint counsel, unless the defendant is charged with a crime that carries the potential for jail or prison time. So regardless of financial considerations, you might not be entitled to the public defender if the charge against you does not carry jail or imprisonment as a potential punishment.See question
A U.S. citizen lived in Canada for several years and was convicted for theft and assault while abroad. The same person has recently moved back to chicago and is being investigated and charged with theft. Can anyhow his conviction from abroad be b...
Assuming that you are asking about the use of such evidence in an Illinois state prosecution, I would say that the admissibility at trial of evidence that the defendant had a previous Canadian theft conviction would be addressed to the discretion of the trial judge and would depend on a number of factors, including the age of the conviction, the similarity of the Canadian statute to the Illinois statute which defendant is charged with violating, the procedures protecting the defendant under Canadian law, the sentence imposed, and probably other considerations as well. I find no blanket prohibition on the admissibility of foreign convictions either in the Illinois Rules of Evidence or in some very quick and superficial research. If the evidence is admitted against you at trial, that might be an issue on appeal in the event of conviction.See question