Skip to main content
Steven R Roach

Steven Roach’s Answers

8 total

  • Petition for Executive Clemency -- Illinois

    Questions regarding petition (DUI supervision in 2000, nothing before/after): - Do I fill in Offense, Case#, etc. in "Conviction" section even though supervision is technically not a conviction? - "Police Record (Rap Sheet)" : Just the Illin...

    Steven’s Answer

    Currently, there is a very large backlog of Petitions for Executive Clemency that have made it past the Illinois Prison Review Board, but have not been ruled on by the Governor. I was told directly by the Illinois Prison Review Board that the backlog is approximately 2000 Petitions. However, that should not discourage you from pursuing Executive Clemency. The issue of the difficulty in obtaining the LEADS background was recently was by the Illinois Prison Review Board, and it appears they will be sending petitioners finger print cards to resolve that issue. As for hand delivering copies, I have always sent by way of certified mail, which has never presented a problem.

    --Please Note: This lawyer's post 1) is not legal advice and 2) does not establish an attorney-client relationship

    See question 
  • Why was my boyfriend charges with felony retail theft?

    He went in a store and unknowingly purchase an item that had been previously tampered with by someone else it had an item in it that was not suppose to be in the box he purchased, they arrested him for retail theft and he has been sitting in jail ...

    Steven’s Answer

    I agree with my colleagues, that he should immediately hire a private attorney or request the services of the public defender's office. Your version makes it appear that your boyfriend lacked any kind of knowledge that the item in the box was not the correct item. Knowledge is an element of the current Illinois statute. If this retail establishment had a video system, it may have captured his actions from the time he entered the store to the point of arrest. The problem is that this type of evidence may help or hurt his defense. The bottom line is that should absolutely retain the services of an attorney.

    --Please Note: This lawyer's post 1) is not legal advice and 2) does not establish an attorney-client relationship

    See question 
  • Age limits for relationships

    If I am 19 years old and I am dating a girl that is 15 years old, can her parents press any charges on me?

    Steven’s Answer

    It depends on your definition of "dating". If your "dating" involves an act that could be considered "sexual abuse" (i.e. you are having consenual sex) , then you could be charged with a crime like Criminal Sexual Abuse. The misdemeanor charge punishable up to 364 days in jail is designed for individuals with an age difference of less than 5 years. So your being 19 and her being 15 puts you in that category. The biggest problem is that if you are found guilty or enter a plea of guilty to this charge, the State of Illinois will require you to register as a "Sex Offender". This is a very sensitive area of law and I have assisted many individuals facing this charge. Please feel free to contact me at (847) 685-6000 or (312) 421-8820 to discuss this matter in greater detail.

    See question 
  • Mistamener warrent

    hello quick question I have a mistermener warrent for not showing up for probation but it was in a nother city now i am living in a new city i was wondering does that warrent carry over state to state or would it just be local?

    Steven’s Answer

    In the State of Illinois, warrants issued for misdemeanors will typically have geographic limitations. for instance, many misdemeanor warrants issued in Cook County (chicago) will include Cook and collar counties. It is costly to extradite individuals from other states, so the counties will usually only extradite on felonies.

    See question 
  • Attempted burglary

    i was home alone and someone broke into my window at my aptment. he was half way in my home and i spooked him away with a bat. i know this guy! what is his penalty for attempted burglary if i press charges?

    Steven’s Answer

    In the State of Illinois , the penalties that can be imposed against someone are based upon the "Class" ofthe crime. For instance, is it a Felony or Misdemeanor? Felonies in the state of Illinois are classified as Class "XXX" 15-60 years, "XX" 9-40 Years, "X" 6-30 years, "1" 4-15 years, "2" 3-7 years, "3" 2-5 years, or "4" 1-3 years. A number of these felonies are probation eligible and also carry fines. Misdemeanors are broken down into class "A" punishable up to 364 days in jail, "B" punishable up to 180 days in jail, and "C" punishable up to 30 days in jail. Misdemeanors also carry fines and many are Supervision eligible. Ultimately, the penalty that can be imposed on the individual breaking into your house depends on what the state charges him with...Residential Bruglary (non-probationable), Burglary (probationable), Criminal trespass, Attempt...etc... My advice is to speak with the police and/or an Assistant State's Attorney and decide if you are going to pursue charges.

    See question 
  • Good Time/ Parole

    My husband is currently incarcerated, before he got incarcerated he was on parole. They violated his parole and at that time he had 15 months left to do, in which they cut that in half so he only had 7 1/2 months of parole time left. He was still ...

    Steven’s Answer

    Your question needs to be more specific. There have been recent changes to the Early Release "Good Time Credit" statute followed by the Illinois Department of Corrections. Therefore, factors that must be considered in determining specific "out dates" include the type of charge he was on parole for as well as the type of charge he received 2 years on. One available option is to contact the Illinois Department of Corrections record division, which can provide a specific breakdown of good time credit that has been granted.

    See question 
  • 13+ year old criminal cases still open? Can they be closed?

    We are currently trying to adjust my husband's status and were recently denied the I601 Wavier. My husband has had 5 arrests that 13+ years old. Three of which said "Open" or "Leave to reinstate". Our new immigration attorney suggested I hi...

    Steven’s Answer

    I will assume that your husband's arrests occurred in Cook County, IL based upon the fact that you are submitting from Chicago and that the Cook County State's Attorney's Office tend to be the only prosecutorial entity in Illinois that uses the "SOL" or "Stricken Off Call With Leave To Reinstate". Typically, if more than 160 days have passed, after filing a properly executed Expungement Petition, these matters can be "closed" and possibly removed from the record. If the cases are "open" because your husband failed to appear in court on the assigned court date, he may have an active warrant for his arrest, which would require a Motion to Quash and Recall the Warrant and result in a much different approach. More information is needed and I encourage you to call and consult with an attorney.

    See question 
  • Zero Tolerance Dui

    I recieved a Zero Tolerance DUI in Dupage County is Illinois. I am a first time offender. What are the reprocussions of this? I blew a 0.062 in the Breathalizer meaning i was technically under the legal limit but i am 20 years old. The paper i rec...

    Steven’s Answer

    There are typically two distinct legal issues that need to be addressed for individuals charged with DUI in the State of Illinois. The first issue to be addressed is the Criminal Charge of DUI, which requires that the State has the burden of proving you guilty "Beyond A Reasonable Doubt". With a BAC of .062 I would strongly consider taking the matter to trial. However, in response to the part of your question regarding it being "dropped to a lesser charge", after negotiations, that decision must be made by the State's Attorney's Office. I recently had a .075 DUI reduced by the DuPage County State's Attorney's. So, it is possible.

    The second issue to address deals with the suspension against your license. Unlike a DUI where the accused is over 21 years of age and receives a Statutory Summary Suspension (which can be challenged by way of a civil hearing in your DUI courtroom), your Zero Tolerance Suspension can only be addressed by way of an administrative hearing with the Secretary of State of Illinois. The DUI court has no jurisdiction over the mattter.

    See question