Jerry David Bischoff's Answers

My boyfriend was just charged with residential burglary for stealing a laptop,

residential burglary is punishable by 4 to 15 years in the Illinois Department of Corrections and it is non-probationable. However, the state may be willing to reduce charges to burglary or theft, both of which are probationable depending on his criminal history and the factors in mitigation you can present. I suggest obtaining the documentation regarding his health problems and anything else you can think of that might explain or mitigate his actions to show to the prosecutor and the judge.

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What am i looking at to turn myself in

If you violated your probation and never went to court there may be a warrant out for your arrest. You're lucky that you haven't been arrested on that warrant considering the fact that your violation occurred a decade ago. What you need to do is to hire an attorney to check the clerk's computer or order the court file in order to determine the status of your case. If there is a warrant, you should have that attorney motion up the case in court and surrender you. I believe that is the best...

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Is that must to appoint attorney for minor retail theft of $65 in illinois ?

Based on your question, your sister appears to be facing a class A misdemeanor punishable by up to one year in jail. Assuming she does not have significant criminal background, jail seems like an unlikely sentence and she may even be eligible for supervision which can be expunged. Your ability to pay for an attorney is a factor to consider. If your sister cannot afford an attorney one will be appointed by the court at no cost - a public defender or if your case is in the first municpal...

I have a warrant for my arrest my bond is $2500.00 to walk but im on parole what the worst that can happen?

The worst that could happen is that a parole hold has already been filed or, if not, that the State files a petition to violate you for a parole violation. In either case you would probably not be able to bond out. Your best bet would be to surrender yourself on the warrant, post the bond immediately and hope that the State has not caught the violation. You probably also know that you have to advise your PO that you have been arrested...failure to do so can result in a violation. No matter...

Are there a specific number of years befor a warrent is stopped

The answer to this question depends on what type of warrant you are asking about. If you are asking about a search warrant the anwer is a conditional yes. A search warrant may not issue if based upon information that has grown stale, i.e., information that no longer supports an affidavit's underlying assertion that the item sought will be found in the area or location to be searched. A search warrant may grow stale within a matter of 48 hours if there is no evidence that the criminal activity...

Violation of constitutional rights, under federal law, a person arrested to be in front of a judge within 48 hours?

This is a no brainer. The 48 Hour Rule states - After a warrantless arrest, Police must within 48 hours, obtain a Judge's independent determination of probable cause, Riverside County v. McLaughin (1991). Unreasonable Delay Rule - If Police use a Federal Warrant to arrest a suspect, Police must take the suspect before a Judge without unreasonable delay, Rule 5a, Federal Rules of Criminal Procedure. Reasonable delays: medical treatment, personal history record, confession, travel, weekend,...

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Husband's legal liability if wife is found guilty of embezzlement in WA state, criminal liability

You would have no criminal exposure, however, your joint assets would be at risk in order to make restitution. The same would hold true if your wife were sued civilly.

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Can I sue a district attorney for listening to a private conversation between me and my lawyer

In general, a prosecutor is likely to have immunity for actions pertaining to his job. However, even if there is no such immunity available, it is unlikely there is a cause of action which would allow you to sue in a civil court. Arguably you could bring a 1983 action for violation of your right to privacy but it is hard to imagine what your damages are. I think a better way to go would be to check with the state bar association to find out how to file a complaint against him or her for...

Changing public defence atterny

The law guarantees an accused the right to have the attorney of his choice, but when your counsel is appointed it is difficult to have him discharged. Generally, if you have serious issues with appointed counsel you might as well try to obtain substitute counsel. Judges will often grant motions to discharge appointed attorneys. In federal court: [S]ubstitution of counsel is a matter committed to the sound discretion of the district court. To warrant substitute counsel, a defendant must...

5 counts of Unlaw Del CS combined with 1 count of UPCS W Intent

Is this is a state or federal charge? Also, you need to indicate what it is you mean by "closed." If your husband was out on bond awaiting sentencing on the UPCS when he picked up the new charges it may cause his bond to be revoked. A sentencing judge should not hold the subsequent charges against him since he has not been convicted of the new charges, however it won't make the judge too happy. He may have difficulty being lenient knowing that your husband picked up new charges. If your...