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Huma Rashid

Huma Rashid’s Answers

4 total

  • Boyfriend got locked up file 720ilcs570 402(c)investigators sd they would be out from 8 to 10 no show what would that mean

    Would this mean they change their minds to come and setup home monitoring

    Huma’s Answer

    What this means is that the home monitoring officers missed the appointment, for whatever reason. The reason isn't important, because you're dealing with the government, and this is all on their terms. There are a couple things you need to do.

    First, if you have any documentation saying when they said they'd show up, hang onto it. If there are other people who can verify that they were in the home at the time the officers were supposed to come but the officers didn't come, make sure you remember their names in case you need that verification. Basically, collect as much documentation as you can about this.

    Second, call the Home Monitoring department. Keep a little diary of the date/time/conversation, for every conversation you have with them, even if you call and have to leave a message, or even if you call and it rings and rings and no one picks up. Write that down. Keep working with them to try to set up an appointment for them to come do it.

    Finally, there is a chance that this will trigger a violation of bond, which is a separate case altogether. That is, that's a separate charge. Hire an experienced criminal defense attorney who will try to keep the man in question from catching another conviction, or other negative ramifications of a Violation of Bail Bond charge.

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  • Can an inmate receive copies of reports from his attorney?

    If a client is in jail, can they still receive copies of the reports from their case.?

    Huma’s Answer

    • Selected as best answer

    The Illinois Supreme Court, in Rule 415 (Regulation of Discovery) said that attorneys have to control the dissemination of discovery. An inmate is allowed to have a copy of the Indictment or Information, also known as the charging instrument, and any transcripts that are transcribed from that inmate's court appearances.

    But if you're talking about things like police reports, forensic exams, witness statements, the defendant's statements, then no. The inmate (or even a client that is out on bond) is not able to have a copy of those reports to keep. Good criminal defense attorneys make those reports available to their clients, either by inviting them to the office to review them, or bringing the reports to the jail so that the defendant can take his/her time reading through, asking questions, and discussing the case.

    But the defendant is only allowed to go home, or back to his/her cell, with the charging instrument (Indictment, Information) and possibly transcripts from his/her own court appearances in that case.

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  • Do I need an attorney for a retail theft case?

    This is my first offense ever. I do not want this case on my record, and would not like to go to jail. It is a misdemeanor

    Huma’s Answer

    You definitely do need to retain an experienced criminal defense attorney who can control this situation. Even though a retail theft like this is a misdemeanor, and your first, retail thefts are a special kind of theft that operate a little differently, due to the intentions of our legislators when writing the statutes governing theft.

    Although it's technically a misdemeanor, this retail theft would function a little more like a felony. By that I mean that if you are convicted, it cannot be expunged from your record. It will be a blemish on your record that will follow you around for a very long time, showing up any time you were subject to a background check (like, when applying for a job).

    If you hire an experienced criminal defense attorney, you would hopefully have someone who would be able to control the situation in such a way that it wouldn't appear on your record permanently.

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  • Question regarding a high school exam re-take policy.

    A teacher at the high school allows students who do poorly to take a second exam. However if a student is absent (excused or unexcused) on the day the original exam is offered that student can can make up the exam, but is not offered a retake with...

    Huma’s Answer

    While I am sure this seems quite unfair to the people involved, unfortunately for some and fortunately for others, not everything that is unfair is illegal. Discrimination involves certain conduct against classified people, including women, minorities, and so on. "Students with excused absences" is not a protected legal classification.

    Maybe there seemed to be hope for this situation because this is presumably taking place at a public school, and a public school is in many contexts a government actor. While it is true that public schools as government entities are held accountable for things like discrimination (for example, in terms of hiring), that kind of accountability does not extend all the way down to a specific teacher's grading policies regarding specific events like retaking an exam. If it did, I'm sure you can understand how that would overload and clog up our justice system even more.

    Things like whether or not to let students with excused absences retake the exam they're making up fall under a teacher's general discretion/judgment (subject to the school's approval of his or her policy) and are not legal issues. While it may seem unfair, there is absolutely no potential for a lawsuit here. Instead, the only advice that can be offered is "deal with it," or "ask the teacher nicely."

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