If there is an incident of strangulation in a domestic brawl, and the victim becomes unconscious as a result, is it attempted murder? Is there any means by which strangulation would become attempted murder? Also, if threats were made moments prior...
Strangulation might support a conviction for attempted murder and then again it might not. Same as any other potentially deadly attack, with or without a weapon. If the jury determines on the basis of the evidence that the act was done with the intent to kill, then it would return a verdict of guilty on an attempted murder charge. On the other hand, if the jury was not satisfied that there was an intent to kill, then there would be a not guilty verdict on that charge. Keep in mind, however, that there are other very serious charges that presumably would also be filed, and that an acquittal on a count charging attempted murder would not preclude a conviction on a count charging, for example, aggravated battery.
The important thing to understand is that a real-world criminal case is not an examination in Criminal Law 101. A law student applies legal concepts to dictated and accepted facts. A lawyer does not. In a real case the facts are seldom clear and the outcome depends on a jury's best-guess reconstruction of what happened. That is one of many reasons why no competent defense attorney will make a serious decision in a case in reliance on a client's recital of the facts.See question
This case is regarding divorce proceeding filings on a marriage that was already annulled by another court. The IL Circuit Court had no subject matter jurisdiction to issue orders when this matter was already settled by another court.
Normally a divorce case involves only issues of state law, on which the state supreme court has the final say. If the Illinois Supreme Court denied you PLA you have lost and the case, or at least that aspect of the case that was the subject of this appeal, is over. In the unlikely event that there are federal issues in your divorce case, you could file a petition for writ of certiorari asking the United States Supreme Court to accept the case for review, but such petitions are seldom granted. It sounds to me like you have hit the end of the road and the case has been finally decided against you.
But divorce is an area about which I know very little. You should also seek the opinion of an attorney familiar that field, and with the specific facts of your case. Perhaps somebody else will see something that is not apparent to me from your posting. But my view is that this case is probably over.See question
Hi we filed a habeas corpus May 26, 2015. There was a response from the respondents on July 31, 2015. Assigned only to a magistrate judge. How long does it usually take to judge to make a decision? Habeas Corpus - General Cause Petition for W...
Federal habeas can be a very slow process. The longest I ever had to wait for a decision on a federal habeas corpus case was three years from the conclusion of evidentiary hearing. After three years the judge entered an extraordinarily long and detailed written order granting relief. That is three years after evidentiary hearing, you understand. It probably took two or three years from the time the petition was filed to get to the evidentiary hearing stage.
My experience has been primarily with the federal district court in Chicago, never with federal courts in New York.See question
The Appellate Court of Illinois ruled that the District Court ruling was for a lack of subject-matter jurisdiction (Rooker-Feldman doctrine) that applied to the whole action not just part of it, and the District Court made a merit based ruling. ...
There is something confusing here. The only district court in Illinois is a federal court. Both the reference to the appellate court and to an ILCS statute, however, suggest that this is an Illinois state court case. No attorney could even attempt to answer your question without at the very least studying the order of the appellate court to which you refer.See question
My question is I got convicted for a robbery but I took TASC probation and completed it and got my felony vacated. Does that mean I have a felony. Because I'm about to go to pharmacy school don't want to waste my time. Went to go get legal advice ...
Vacate a conviction and expunging a record are not at all the same thing. You need both, and I hope that both together will be enough to allow you to obtain a pharmacist's license. The order vacating your felony conviction means just that. You no longer have a felony conviction. That was the goal of entering the TASC probation program and you made it. Congratulations. You are not a convicted felon.
But you still have a criminal record. Anybody who runs a background investigation that includes a check of Illinois (I assume your case was in Illinois) official records will find that you were arrested and that you were charged with robbery. Depending on exactly what happened in court the records may also show your conviction and perhaps also the subsequent order vacating the conviction. But they will certainly show that you were arrested and prosecuted. An order expunging your records will remove those records from public view. The clerk of the court will remove your court records from the registry. The arresting police agency and the Illinois Department of State Police will physically destroy (or return to you) any records that they have. The FBI, although it is not required to do so, will normally honor a state expungement and will remove your FBI records. So although now your rap sheet shows that you were arrested, prosecuted and convicted and that your conviction was subsequently vacated (or recalled and quashed, or whatever it says now) once compliance with the expungement order is complete a rap sheet will come back showing no record at all.
Will this solve your problems as far as getting a pharmacist's license? I do not know the answer to that and I strongly recommend that you consult an attorney with experience in professional licensing in Illinois. I can tell you that if you were applying for a license to practice law you would be required to divulge even an expunged conviction. I imagine you would have to do the same if you were applying for a position in law enforcement or a position requiring a security clearance. Better find out what the rule is with a license to practice pharmacy.
For what it is worth, when I researched the law on nursing licenses a few years ago I found that a criminal conviction, even for a felony, is not an absolute bar to a nursing license in Illinois and that cases are considered on an individual basis. But with you future career on the line I would consult an attorney who is familiar with this area and who can pilot you through any problems which may arise.
Again, congratulations on the outcome of your case, and very best wishes in pursuing your license and practice.See question
I missed the court date which was for the original case. I was issued a warewnt and asked for a quash warrent. I forgot to go to that court date and now i want to try to put it back into motion.
The judge might quash the warrant, or you might be directed to surrender on the warrant and come back to court in custody, at which point you could ask for release or bond. I have seen both happen.See question
county sent papers to a micheal steele at my residence but my middle name is martin... so i didnt open the mail ...then on top that the warrant is for a inoperative vehicle that is not even registered to me
In the future do no ignore official-looking documents in the mail. You could have prevented this mess by contacting the court immediately to explain the mistake or, better yet, having an attorney clear up the problem.See question
The police raided my home and took mail as so called "evidence" and it had nothing to do with nothing can they do that
The police will often seize utility bills or similar items of mail as evidence of ownership or residence where that is a potential issue, as it often is in cases involving possession of drugs, weapons, stolen property, etc.See question
As I was walking out with 70$ worth of merchandise the LP caught up to me and asked me to come in the back with him. Out of adrenaline I gave him the items and ran. He called mall security who chased after me but I was able to run away. I got in m...
Of course they can follow up on your license plate. Anybody who saw the chase and recognized you could call the police and identify you, too. And any one of your friends whom you told about this could rat you out, and very well might. Yes, the police could knock on your door. Or any officer who ran a check on your license could pull over your car. Or they might have more important things to do and decide not to bother about you. There is no way of knowing what, if anything, they might do or when. Keep away from the mall and keep your mouth shut. Most people doing time in prison are there because they couldn't stop talking.See question
I would like to pursue leads on an inactive police case. The police have not gotten the information they need to close the case. It is a matter of a couple phone calls. Since the case is inactive I do not see where I would be interfering with an...
Sherlock Holmes, of blessed memory, was a fictional character. An amateur investigation runs a serious risk of derailing and ruining what may be a careful police investigation. Your help could blow covers or render important evidence inadmissible. If you want to help the police, better ask them first, and if they tell you "no, thank you," better accept it.See question