in response to the other entries, my son initially had the public defender in whiteside county for a year, we felt. he was doing nothing to help & hired a private attorney who gave his case to his new employee, who just happened to be hired from t...
Start by contacting the State Appellate Defender for the Third Appellate District, 770 E. Etna Road, Ottawa, Illinois. tel 815-434-5531. Ask for Peter Carusona and tell him that I suggested that you contact him about your son's case from Whiteside County. Have the name and number of the case for him in case he needs it. His office cannot accept the case unless and until it is appointed by a court, but he may be able to offer you some suggestions on how to get started. I will tell him to expect to hear from you. Good luck.See question
My son is incarcerated in Illinois and has an appeal in, his public defender is advising him to withdraw his appeal because he says would result in all of the dismissed charges being reinstated., and that could result in spending the rest of his l...
As I told you in response to your previous posting, you have presented an incomplete and inadequate, and possibly inaccurate, summary of a difficult and dangerous situation. Putting your two postings together I have to suspect, although I cannot tell for sure, that your son is attempting to appeal, or otherwise challenge, a conviction and sentence entered on a plea of guilty. That indeed can have its dangers, but the real danger in this situation continues to be your attempt to obtain online advice in a case that calls for a close look by an attorney familiar with Illinois criminal and collateral review practice, and who has taken the time to make at least some initial review and evaluation of the record. You will only get your son in trouble if you persist in hunting for shortcuts.
This is not a case for an online answer and it is not a case for a quickie "free consultation." There are indeed cases, although not many, in which an appeal can expose a defendant to additional prosecution and more severe sentence. Usually, although not always, those cases involve attempts to appeal from a plea of guilty. And often, although not always, withdrawing an appeal will result in permanent forfeiture of a subsequent appeal or any other remedy.
If you think your son can withdraw his appeal now and reinstate it later when the family can afford to retain counsel you and he are going to have an ugly surprise coming. Somebody has to help you figure out just what is going on here and guide you in a useful direction. There may be some tricky choices that will have to be made.
It is not clear to me why the State Appellate Defender is not involved in this case rather than, as you told us earlier, the same public defender who represented your son at the trial level.See question
Son was sentenced to 40 yrs. in March 2014 for criminal sexual assault.. He had a public defender that did nothing for him & was reassigned the same person for his appeal & the public defender wants him to withdraw the appeal, saying he will get ...
This is a potentially complicated and dangerous situation and no responsible attorney would do you or your son the disservice of attempting to give you advice on the basis of an online question. Your son or the family need to have a serious consultation with an attorney who is familiar with criminal appellate practice in Illinois, and the attorney is probably going to have undertake at least some review of the record of the case. Among other aspects of your question that puzzle me, it is very unusual in Illinois to have the same public defender's office that was assigned to the case at the trial level also appointed to represent the defendant on appeal. This makes me wonder whether you correctly understand what is going on.
One word of caution. When I tell you that an attorney would have to undertake at least some review of the record before advising you, I am telling you that there will be some substantial effort involved and that you should be prepared to pay for this kind of evaluation. An off-the-top-of-the-head opinion will not do here.See question
In Illinois, charged with "disorderly conduct" alleging that I swerved my vehicle in an attempt to hit a 10 year old riding a bicycle. (was not charged with assault, no moving violation... this involves an ongoing feud with "neighbors from hell.")...
That is going nowhere and whoever told you otherwise betrays a serious ignorance of criminal procedure . . . as, I am afraid, do you.See question
My brother locked up for double homicide he didn't do and people know who did it
In Illinois it is illegal to make the attorney's fee in a criminal case dependent upon the outcome of the case.See question
i know i need court approval to replace my attorney with another one. i also know if my attorney wants to withdraw, he needs court approval. but i do not believe i need court approval to fire my attorney. i m not getting into any reasons to fir...
The court does not have to permit the attorney to withdraw, regardless of what you want. An attorney who files an appearance may, under certain circumstances, be stuck with the case.
Also, the court does not have to allow you to represent yourself. You have a constitutional right to represent yourself, but that right is subject to some restrictions and it would be normal and proper for the judge to make some inquiry into your mental capacity and also to warn you very sternly about the danger of what you are attempting to do.
Finally, even if the court does allow you to represent yourself, it may appoint standby counsel so that there is an attorney ready to step in if your representation is so inept that it interferes with the progress of the case. This is for the court's convenience, not for your protection. The judge may want to avoid having to declare a mistrial and start all over again just because your are bungling your defense.See question
It's a class 3 felony just worried to do time I do drops and classes for my kids need to be out thanks
Possible, but the judge has other options that will more likely be invoked. What is really going to hurt you long-term is coming out of this case with a criminal record. It may or may not be possible to avoid that. I urge you to put this matter in the hands of an experienced and respected attorney who practices criminal defense work in your county.See question
I'm in jail the feds have a hold on me the jury did not sign my indictment papers the DA wants me to take a plea 4 10 years on a gun charge and they would throw out my drug charges
Most likely the original indictment in the clerk's file is signed and the copy you received is not. But assuming that there is no signature that is obviously an easy problem to cure and even if the indictment were to be dismissed on the ground, which is unlikely, they would just reindict you the next day. So where are you going with this?
Discuss your case with an attorney who handles federal criminal defense before you do anything else and do not make any deal with the federal prosecutor until you have counsel. If you cannot afford an attorney the federal judge will appoint counsel for you.See question
I'm unsure if my fiancé's attorney filed his notice of appeal within the time frame. I believe his year and 30 days is quickly approaching. I was informed to ask for brief samples. Is this recommended/permissible? What information should I requ...
Ask whatever you want to ask. In my opinion it is virtually impossible for non-lawyer, and difficult for most lawyers, to evaluate the ability of an appellate attorney. What you consider the obvious question of "have you handled and won murder cases in the past" is an absolutely useless question in my opinion and knowing the answer would tell you nothing.
No reason not to ask for sample briefs, and I often provide them to prospective clients without being asked. Again, your problem will be whether you can evaluate them and whether you can tell great appellate work from rubbish. I bet you can't. You could ask an attorney whom you know and trust to have a look at the samples.
The best suggestion I can give for selecting an appellate attorney is to choose somebody who enjoys a strong reputation for this kind of work among other lawyers. Ask criminal defense attorneys in your area whom they would recommend to represent a client on appeal.See question