Husband in jail for driving on revoked driver license, went to jail in 2012 for a 9 months to a year
Are you asking whether a defendant can receive a maximum sentence for a first offense? Yes, it is entirely possible, certainly nothing illegal about it. Under particularly aggravating circumstances a first-time defendant could receive not only the statutory maximum but extended-term and consecutive sentences. Absence of a prior criminal record is generally considered a mitigating factor that would tend toward a less severe sentence, but no single factor, whether aggravating or mitigating, is controlling.See question
I was arrested on federal firearm charges roughly 3 months ago. I was released on pretrial shortly after that. I am on ankle monitoring and have had no issues passing UA's, being home by curfew etc. I have strong ties to the community, only a one ...
My experience, which does not include the federal courts in Kansas, is that this seems to vary from one federal district to another. In the northern district of Illinois, which is where most of my cases arise, the courts tend to be very liberal in allowing pre-sentence release regardless whether the conviction is by plea or after trial. Self-surrender is also liberally allowed in that district. A crime of violence, risk of flight, and violation of release terms will, of course, make any judge reluctant to allow further release or self-surrender.
You attorney is the one to advise you on this question.See question
One Morning I was Just taking to a friend outside his house and after a little talking I reached in my pocket and pulled out money i had owed him for helping me in a financial problem and so after that we shook hands and I turn my bike around and ...
Sounds like you stepped into the middle of a drug surveillance and the officers, rightly or wrongly, interpreted the exchange of money and the handshake as a drug deal. I don't know about Florida, but plenty of judges in Chicago would find that probable cause was established by the facts that you describe. It sounds as though the police are more interested in your friend than they are in you If you are charged with a crime, consult an attorney.See question
Filing 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS signed by Judge William O. Bertelsman on 3/16/2015. IT IS ORDERED that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Cou...
First of all, I am guessing that you misquoted and that the citation is to 28 USC §2254, not to §2245.
That aside, I agree with my colleagues. It looks like the federal district judge has agreed with the report and recommendation of the magistrate judge that the habeas corpus petition was filed too late, and the petition has been dismissed as untimely. The district court has also ruled that the case is not close enough to justify a certificate of appealabilty. That means the only way the petitioner can appeal from this order is to seek a certificate of appealability from the court of appeals. If the court of appeals also denies the certificate, then the case is essentially over.See question
I have a warrant in Dakota county. I am very poor. I would like to turn myself in, but I just can't bring myself to do that without speaking to a public defender first. Please help me figure out my options. Thank you!
It might not cost much to retain a private attorney just to negotiate a surrender, after which the public defender could take over. Only a thought. I defer to my Minnesota colleagues.See question
I was convicted of a class 2 felony (OTHER AMT NARCOTIC SCHED I&II) in 2004, is there ANY way this can be expunged or sealed? I would really like to be able to get a good paying job. How far back do background checks go? I have had absolutely no ...
No Illinois conviction for any criminal offense, felony or misdemeanor, can be expunged.* Although records for many misdemeanors and some Class 3 and Class 4 felonies can be sealed, as I understand the law sealing is not permitted for any Class 2 felony convictions. It might be worth you while to review your case records with an attorney to be certain that your case resulted in an actual conviction. But if it did, you really have no legal remedy. Your only hope would be the very long shot possibility of a pardon from the Governor with an order for expungement included.
* I know of only two exceptions to the rule that no Illinois conviction can be expunged, and both require extraordinary executive action. One is by a Governor's pardon that includes an order to expunge. The other allows certain honorably discharged veterans with Class 3 or Class 4 felony convictions to obtain a Certificate of Eligibility from the Prisoner Review Board.See question
My friend get a charge only without conspiracy. The prosecutor add up 4 level leadership role enhancement. No conspiracy means no group criminal. Where is the lead comes from?
The defendant's sentence can be enhanced for leadership role without a conspiracy charge. That is not a problem and it happens often. Whether a leadership role enhancement is appropriate in any particular case is up to the judge. The prosecutor can never add the enhancement. The probation officer can never add the enhancement. The defendant and the defendant's attorney cannot never remove it. Only the judge can do any of those things. What the prosecutor, the probation office, and the defense say are recommendations to the judge and nothing more. The judge decides.See question
He's pled guilty and now awaiting his sentencing. His attorneys are continuously coming to him to try to get him to agree to the 5K. It seems like each time he declines, the federal prosecutors are trying to add more points to his sentencing. N...
I agree with Mr. Mitchell. I will only add that neither the prosecutor nor the probation office can "add" points, any more than the defendant can "subtract" points. Only the judge decides the proper point level. What the prosecutor, the probation officer and the defendant's attorney propose are recommendations to the judge and nothing more. The guideline level is not final until the judge determines what it will be as part of the imposition of sentence, and until that happens everybody is free to make recommendations and arguments as to what the proper level should be.See question
My appeal was recently denied, appellate counsel did an horrendous job destined to fail, thus i unsuccessfully attempted to substitute her after her ridiculous opening brief. So should i file a petition for review to the CA Supreme court to argue ...
I defer to my California colleagues. I will add only this additional consideration. If there are federal constitutional issues in your case that you want to preserve for eventual federal habeas corpus review you will have to exhaust those issues in state court. That probably means that if a federal issue was raised on your direct appeal you will have to pursue that issue, or at least attempt to pursue it, to your state's highest court if you ever want to be able to bring it before a federal judge. How you do that is largely a matter of state law. Preserving issues for federal review may, or may not, be a factor in your decision.See question
The Appellee Brief is due on 8-31-2015 and the Appellant Reply Brief is due on 9-14-2015. The Illinois Supreme Court meets again on 9-14-2015. I have been in touch with the Appellee Attorney and he told me that I can file my Amicus Brief on 8-31-2...
The Supreme Court's docket is available online at: http://www.illinoiscourts.gov/SupremeCourt/Docket/default.asp
In my experience cases are not set on the oral argument docket until they are fully briefed, but you can call the clerk of the Supreme Court and perhaps get additional information. You appear to be worried about objections but you are apparently in touch with counsel for the parties. Have you asked them whether they will agree to the filing of your amicus brief? Attorneys often are willing to do so. You would then be able to state that your motion for leave to file is unopposed and to include in the body of the motion a statement along the lines of "AB, attorney for appellant, and CD, attorney for appellee, have authorized movant to state that they have no objection to the filing of a brief by the amicus curiae."See question