i would like to receive a fair trial and do not think i can get one unless it is at the courthouse. the ticket wants me to appear at local police station giving the officer an unfair advantage and i would not be able to defend myself because of a ...
That is not going to fly. In the rare case in which a motion for change of place of trial is allowed (Illinois has not used the term "change of venue" for decades) the defendant makes an extensive, case-specific showing that there is good reason to believe that it will be impossible to obtain an unbiased jury in the county in which the crime has been charged. I cannot recall such a motion being granted except in cases of murder where the death penalty was sought. Your generic and not very persuasive claim does not even come close.See question
I would like to clarify that I am only asking for educational purposes. I am currently taking a semester of civics and I have a bill that needs to be written on 1st-degree sex offenders. I cannot seem to get a solid answer, as all states vary. Cou...
"First-degree sex offender" does not sound like an Illinois classification, so there is no answer to the question as you have framed it..See question
no prior record
By "throw it out" do you mean that the case will be dismissed? If so, the answer is no. Conflict in testimony and absence of corroboration are not grounds for dismissal.
Or are you asking whether the judge, after hearing the testimony, will find you "not guilty?" The answer to that question is, maybe yes, maybe no. That the evidence is disputed is not, by itself, grounds for acquittal. But if the judge is not persuaded by the prosecution's evidence then a finding of not guilty should result.
Seriously, though, you are asking us to predict that outcome of a trial, and that is simply not possible. Not for us, not for anyone, although a lawyer who is actually representing you and is familiar with the details of the case will have a better idea than anybody else. But there is only one way to know the outcome of a trial, and that is to try the case and find out.See question
My brother's case is suppose to be going through the appellate court in elgin, IL We are not sure when. He is suppose to be appointed an attorney. We do not know how this process works. How do we find out what the status is of the case or when th...
Illinois is experimenting with electronic filings at the appellate and supreme court levels but so far as I know there is no counterpart, for example, to the excellent PACER system that the federal courts use. Your best bet is to call the clerk of the appellate court, who can tell you the status of the case from reviewing the docket. With your brother's permission his attorney at the State Appellate Defender's office will probably be happy to keep you up to date, but you can expect that in any appeal there is simply a lot of down time where either the attorneys or the judges are working their way through older cases and nothing is going to happen for months on end.
So . . . the appeal process in Illinois works like this:
An appeal is a review of a case by a higher court. It is not, in any sense, a retrial or a do-over of the trial court proceedings. The appeal is heard by a panel of three judges. There is no jury. The court hears no witnesses and accepts no new evidence. Virtually the entire appeal is done in writing. There may be a single oral argument perhaps half an hour long as the final step before the judges take the case for decision. Otherwise nobody goes to court on an appeal.
The appellate court has before it all of the written submissions made by the parties before the trial court. It has the transcript of all trial court proceedings. It has the exhibits offered at trial. These items together constitute the record on appeal. The judges review the record in order to determine whether the outcome of the trial was tainted by legal mistakes on the part of the trial judge. If they find serious legal error that may have affected the outcome of the trial, they will order that the case be retried. In very unusual circumstances they can vacate a conviction and order a prisoner released without retrial. They have limited power to review sentences. And of course they have the power to uphold the result reached in the trial court, which is what happens in the majority of cases.
The appellate court does not second-guess the trial court as to what witnesses are to be believed or as to who was telling the truth and who was not. The trial court's findings of credibility are accepted by the appellate court as a given, and an appeal on the grounds that the prosecution's witnesses did not tell the truth, or should not have been believed, is doomed to fail.
In determining whether legal mistakes or errors took place that call for relief on appeal, the judges rely on case books, called briefs, prepared by the lawyers for each side. These briefs, which typically run from twenty to fifty pages or so in length, are devoted to detailed legal analysis of those portions of the trial court proceedings which arguably involved reversible error. The prisoner's attorney attempts to persuade the appellate court judges that the trial judge made mistakes that rendered the outcome of the trial unfair or unreliable. The prosecutor tries to persuade the court that the trial judge's rulings were legally correct or that any mistakes the judge may have made were not important. The panel of judges must decide the case by majority vote.
It typically takes several months for the record to be prepared, shorter if the record is very short, longer if there has been a lengthy trial. Once the record is filed in the appellate court, the prisoner's attorney files a brief. Preparation of a good brief is very difficult work for the lawyer, and can require days, weeks or sometimes even months. When the prisoner's brief is filed, it is the prosecutor's turn to file a brief in response. The prisoner's attorney then may file a reply to any new arguments raised by the prosecutor. The judges may ask the lawyers to come to court for a short oral argument devoted to questions from the judges regarding the legal arguments which have been advanced in the briefs. The court decides the case in writing weeks or months after briefing and argument.See question
Me and 2 friends went to the mall and we all had a small saw glad in our pocket and we out clothes in a bag and the security officer watching the video saw us. After we walked out he stopped us and we went back inside. The police came and kept ask...
I am, as usual, somewhat more pessimistic than my colleagues. I would be worried indeed about a burglary conviction. For sure you need an attorney representing you.See question
As the title says. I live in McHenry, need to appeal something out of Dekalb. Both counties are in the same appellate district. AM I required to file in Dekalb or can I file in McHenry?
You file the notice of appeal with the circuit court in DeKalb County. The appeal will be briefed in and decided by the Second District Appellate Court in Elgin. McHenry is not involved at all.See question
Me and a few others where all charged with controlled substance. This came because we were all in the same vehicle however no one admitted to it. Now the individual who the substance actually belonged to has died but was going to admit to the crim...
I agree with my colleagues, and it may comfort you to know that it will not make much difference. You very much overestimate the benefit that your co-defendant's anticipated testimony would have done you, even assuming that he would have testified as you expected.See question
I believe that if I pay the fee of 350$ I no longer am in any trouble I just need to know if it will stay with me as I am only 18.
Municipal ordinance practice varies quite a bit from one municipality to another. When clients ask me questions like yours about municipal ordinance violations the first two things I do are to check the municipal code for the charging city and then, if I am still uncertain about an important aspect, I will call the corporation counsel.See question
I was arrested June 16th , 2014 for a DUI . I was sober , I blew a 0.0 but their probable cause was that I tape a rock that was 2 inches away for in entry into the plaza . I was charged with a hit and run (I parked in the same lot as the rock) spe...
Assuming that the video is Brady material at all, which it may or may not be depending on what is on it, there is no Brady problem in the situation you have described. You got the material prior to trial and you will be able to use it at trial if you and your attorney decide to do so. No issue on that score. Whether you might have a speedy trial or improper delay argument is another matter. Probably not, but that sounds like a more productive avenue of exploration than a Brady claim. Discuss these aspects of the case with your attorney. Sometimes lawyers get buried with other work. Be patient and keep trying.See question
I am currently serving a 5 year supervised release. I am 3 1/2 years into it. My federal probation officer has recommended to the courts that I be released. It has been 3 months since his recommendation. How long does it take for the judge to appr...
The custom my vary among federal courts from one district to another. In my experience, which is not in Washington, the fastest and most effective way to obtain early release from federal supervision is to have an attorney file a persuasive motion for early termination, supported if at all possible by the recommendations of the probation officer and the United States Attorney, and have the motion set on the district judge's regular motion call. If the motion is granted your supervision could be terminated immediately. Find out from a Washington attorney whether this approach is possible in your district.See question