Steven R Roach's Answers

Petition for Executive Clemency -- Illinois

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...

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Zero Tolerance Dui

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...

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Good Time/ Parole

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...

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

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...

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Why was my boyfriend charges with felony retail theft?

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...

Age limits for relationships

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...

Mistamener warrent

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.

Attempted burglary

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"...