I was caught shoplifting from a retail store for about $14 worth or merchandise. This was my first time ever and I want to know how can I get this off my permanent record, and not go to jail for it? How can I get a lighter sentence like paying a f...
That outcome of your case will depend on a number of factors, over some of which you have little control. An attorney will try to resolve the case without a conviction. In my experience, Illinois judges tend to be lenient with first-time shoplifting defendants. That patience does not last forever and repeat offenses are dealt with more severely. Keep this up and you could go to prison on a felony conviction, but a disposition without either jail time, a conviction, or a criminal record may be possible on a first offense. You will have a much better shot at a good outcome with an attorney. Do not go to court and plead guilty. An attorney may be able to develop better alternatives.See question
In ohio how long does the court have to respond or make a decision on a federal habeas corpus that was filed by an attorney. Was filed and Prosecution has already responded.
I have not practiced in the federal court in Ohio, but in my own personal experience with federal habeas litigation, the longest I ever had to wait from evidentiary hearing (not filling of the petition but the much, much later date on which evidentiary hearing was completed) until decision was three years.See question
I have made mistakes in the past and it's been 12 years since I have made any mistakes whatsoever! I have gone to college and made presidents list, deans list, and honor roll only to find out that I will NEVER be able to work in the field I went t...
The first question is, where these Illinois cases or did they come from another state? Or where they federal? Expungement and sealing of criminal records is a matter of state law, and it is the state where your case was prosecuted that matters, not where you are living now.
So help us with that one. Illinois? Out of state? Federal? Then we can point you in the right direction.See question
The crime of violence (robbery) was dismissed in the defendant's case and he was convicted of 2 counts of brandishing a firearm under the 18 U.S.C. 924(c) mandatory minimums. Can the 2 firearm counts stand alone without the predicate offenses? 924...
It seems to me that there was a court of appeals decision on this question very recently. If I can find it I will post it.See question
My spouse was charged with Disorderly conduct in Kane county Illinois and case was disposed on Feb 5' 2014 with court supervision and $400 fines. Her case was disposed on Feb5' 2014 so I believe we can request for records expunge only after that ....
The question of the effect of a criminal record on the ability to obtain a nursing license in Illinois comes up here surprisingly often. I have looked into it in a superficial, preliminary way. My reading of the Illinois law is that no criminal conviction, even for a felony, would constitute an absolute or automatic bar to obtaining a nursing license. Every case is considered individually and the licensing board as considerable discretion. I would certainly not give up hope of getting a license because of DO supervision, and I am inclined to think that the supervision will not stand in her way if she is otherwise clean and if there is no repetition of this sort of thing.
As to disclosure, I am going to go out on a limb and guess that the licensing authorities, like the Attorney Registration and Disciplinary Commission, is entitled to, and will, ask about criminal contacts as to which disclosure is not normally permitted. So even if your wife were to obtain a court order expunging her court and police records she might still have to disclose this incident, and a failure to disclose could cause her more difficulty than the incident itself.
With her professional license at stake I urge you and your wife not to be satisfied with an off-the-top-of-the-head online answer, from me or from anybody else. There are attorneys who are will up on professional licensing issues in general, and on nursing licenses in particular. I urge you to find one of them, someone who enjoys a good reputation, and get some thorough evaluation and guidance. She will do better getting into harbor with a pilot at the helm and the cost will be well worth it.
Finally, I have changed the tag on your posting from Criminal Defense to Licensing. You may get more useful answers that way. Good luck! I think she will be all right on way or another.See question
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