Anthony William Vaupel's Answers

First time shoplifting offense, first trouble with the law period. But wondering if to plead guilty or not guilty

I echo what Mr. Richey said but I would also add that you should talk to the public defender specifically about court supervision. Court supervision is a form of non-reporting probation that, if successfully completed, will prevent a conviction from going on your record. Two years after your court supervision ends you should be eligible to have your record expunged. (Provided you don't have any other brushes with the law. )

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What is the process of getting a misdemeanor expunged in IL

You can expunge some misdemeanors here in the State of Illinois, depending on how the matter was resolved. You must file a petition to expunge with the clerk of the county where the criminal violation occurred. You will then receive a court date and then go into court. The court will generally grant the expungment, so long as you meet the requirements. First, you cannot have been convicted of the offense. (i.e. the charge must have been dismissed or you must have received court supervision....

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2 felonies convictions over 7 years ago, can i get a Gov. Pardon?

Dear Mr. Morrison, First of all, please ignore the two prior responses, these attorneys do not practice in Illinois and obviously don't know what they are talking about. #1. The Governor's office is not going to advise anyone whether they are eligible for pardon in the State of Illinois because anyone can request pardon. #2. There is no "hold" on you for participating in the armed services. You have two prior felony convictions. #3. Getting a Pardon in and of itself will not help...

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How important is previous mental documentation/ history during a trial to determine if someone is fit at the time of offenses?

You present a tough question with some troublesome gray areas. The short answer to your question is that it needs to be proven that the defendant was "insane" on the day of the event. If the defendant has a history of mental illness but was in full control of his actions on the day in question, then he would be guilty of whatever act he is charged with. Likewise, if a defendant has no history of mental illness but can be proven "insane" on the day of the act, then he would be not guilty by...

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Can I get prison time credit for earlier jail time?

While the previous poster is correct, you cannot receive credit for time served on an unrelated case, you or your attorney needs to take a look at which offenses you were in custody for and when. It is a common enough occurrence that a person will be arrested for offense A, bond out and be arrested for offense B, bond out and then be arrested for offense C. Unless the bond was revoked for offenses A and B, they would not receive any credit while they sat for offense C. To circle back...

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What does this offense mean? Theft / Unauthorized Control / >100k

It means a person is charged with Theft by exerting unauthorized control and the amount in question is in excess of $100,000.

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What does contested sentencing mean

A contested sentencing is one in which the State and Defense does not agree to what the sentence should be. For example, if the State believes that a defendant should be sentenced to 10 years in prison and the defendant believes the appropriate sentence should be probation, they would have a "contested sentencing" - put on witnesses and evidence, make arguments, and force the judge to decide what the outcome should be.

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Can the cop give me a drinking ticket after the fact and if I'm honest with him can I get in trouble for drinking?

Absolutely you can still get into trouble. A ticket/charge can be filed any time within the statute of limitations. Thankfully he was nice enough to walk you home to make sure you got home safely, unfortunately this means he already has everything he needs. Cross your fingers and hope for the best and don't drink until you are 21.

What is the most possible charge for a uuw case? Can probation be an option?

Maybe you could be a little more specific about what you mean when you say, what are the chances a person "can get out on" probation in a uuw case? I assume you mean Unlawful Use of Weapons charge and it depends entirely on what the defendant's prior criminal history is and what kind of a weapon we're talking about. For example, if a person has little to no prior criminal history they are likely to get minimal probation, especially if the "weapon" is a knife or brass knuckles or the like. On...

Someone already on probation for a felony, committed robbery (2nd degree) - how long will they go to jail?

I agree with everything Mr. Yetter said and I would add that it also depends on what the given defendant's prior criminal history looks like, who the prosecutor is, who the judge is, are there any particularly aggravating factors (like guns to commit the robbery) etc. Figuring that the defendant will receive 3-7 is a good place to start. As a rule of thumb, most defendants will receive day for day good time as well as 6 months of credits while at the department of corrections. On a 3...