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Anthony William Vaupel

Anthony Vaupel’s Answers

27 total

  • 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?

    This cop walked me home a couple nights ago because I was too drunk. He didn't get my information or give me a ticket. He came back to my apartment the next day and said he wants to talk to me and my brother (who he got my apartment key from). I'm...

    Anthony’s Answer

    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.

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

    Hi, I have 2 felonies priors from 7 plus years ago, I am 30 years old now and trying to get into the Armed Services and these are holding me back , will they be wiped off through a Pardon even from the FBI's database as they were never there. And ...

    Anthony’s Answer

    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 you.

    You will need to file a petition for pardon WITH RIGHT TO EXPUNGE. A simple request for pardon, EVEN IF GRANTED, is not sufficient. You MUST request the right to expunge within the pardon. The reason you must seek right to expunge is that a pardon is tantamount to an act of forgiveness by the government. However, the phrase forgiven but not forgotten applies here and just because you are pardoned, your criminal history remains. An expungement is the mechanism to clear your criminal history.

    If you have any questions about pardons you can contact the Prisoner Review Board at (217) 782-7273. you might also go to http://www.state.il.us/defender/expforms/07instguide.pdf for additional information about clearing your criminal history in general.

    Take care and good luck.

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

    what are the chances a person can get out on probation in a uuw case?

    Anthony’s Answer

    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 the other hand, if the person has a significant criminal history it is likely they'll be looking at some jail and probation.

    There are a ton of variables in play. Not only is the type of weapon important as well as the person's prior criminal history, the individual philosophy of the local state's attorney, the person's good deeds and service in the community, the persons work history, education, military service, etc can all play a factor. Sentencing is a very complex area and is as much an art as a science.

    I would suggest chatting with a local defense attorney about the situation sooner as opposed to later. The sooner an attorney is involved in your situation, the sooner he can begin mitigating the damage.

    Good luck.

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  • Can I get prison time credit for earlier jail time?

    I am serving time for a third conviction, but my first conviction was overturned on appeal and remanded for a new trial. This past year the state decided to dismiss instead of retry me. I spent 6 months in jail for that case that was then dismisse...

    Anthony’s Answer

    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 around to your question, if you were arrested for your first and third offense relatively closely in time, there is a chance that part of the six months you served on the first offense will overlap and therefore be counted as credit on your current offense. Then again, perhaps not, someone really needs to get in and take a look at the court files and custody sheets to determine this.

    Good luck.

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

    Someone already on probation for a felony, committed robbery (2nd degree) - how long will they go to jail if convicted. Seems to be & open & shut case. A lot of evidence...No way around the conviction, really. Please advise?

    Anthony’s Answer

    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 year sentence most defendants will serve approximately 1 year whereas on a 7 year sentence most defendants will serve approximately 3. Again, these are just rules of thumb and it is really, really important that you get in to see an attorney and talk specifically about the case.

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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?

    This person has been charged with 2 class x felonies and 1 class 4 felony. One Dr. says that he was not guilty by reason of insanity, the other Dr. says he is fully responsible for his actions. In this case he acted on an extreme urge that surface...

    Anthony’s Answer

    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 reason of insanity.

    Here's the gray area... This is assuming there is a black-white, right-wrong answer to mental illness or insanity. Two doctors can (and in your case apparently have) look at the same person and come to opposite answers. Sometimes they even look at the same symptoms or activities and each claim the symptom or act supports their theory of sanity/insanity. Insanity is a very difficult thing to prove, in part because the legal definitions and psychological definitions are not the same. In part it is difficult to prove because there is just so much we don't know about the brain and causes of human reaction. This doesn't even touch stereotypes and misconceptions about mental illness, the role of medications, etc.

    For that reason, I tend to throw everything I have (and the kitchen sink) at the judge when trying to prove up an insanity defense. If I have a history of mental illness, I attempt to present that testimony in addition to doctor reports, other bizarre and incoherent behavior, etc. This is NOT to say the current attorney is doing anything wrong. Only he or she knows the situation, this is what you pay him/her for. They know the psychologist they are using, they know the judge, etc. By way of example, we used to have a psychologist here in town that rarely found anyone insane (and the judges knew this). If he found anyone insane then the court was going to rule for the defense because the judges knew how conservative this psychologist was. If your attorney has such a witness, there may be no reason to present additional evidence, he/she is already going to win.

    Likewise, much of a person's prior history of mental illness is usually contained in the psychologist's report. The concerns you have are probably already in the report and are likely to be elicited from the psychologist while on the stand.

    Sometimes we attorneys could do a better job sitting clients and families down and talking with them about the case, the testimony to be presented, and why. This is a difficult subject and one that doesn't lend itself to a quick reply. It sounds like it would be helpful for you to schedule an appointment with the attorney and raise your concerns prior to trial to make sure everyone is on the same page.

    Good Luck.

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  • I have a sexual harassement lawsuit against aramark, mediation in april what can i ask for i have witnesses

    wondering what is the highest amount i can ask for, what if my lawyer isnt for full enough with the evidence i have given her? i was also terminated wrongfully , and had another supivisor that had harassed me too. what do you think i should know g...

    Anthony’s Answer

    Dear Sir or Ma'am,

    If you are going to mediation this month you should call your attorney today and schedule an appointment to go through the case and your claims PRIOR to mediation. You and your attorney need to be on the same page PRIOR to walking into mediation. If you have other claims that have not been filed you MAY need to delay mediation until all claims have been filed. You are obviously confused about the status of your lawsuit, you need to get straightened out. Your attorney should be able to help you out with this very easily.

    As it relates to the process of mediation: mediation is a tool used to settle most cases prior to trial. In mediation, a neutral mediator will move back and forth between the parties addressing the strengths and weaknesses of the cases with the parties as he/she tries to reach a resolution. Mediation is generally confidential, meaning what happens in mediation cannot be used later in court. If the parties cannot reach an agreement, the process simply continues to trial at some point. It is much less formal than trial and much less stressful than trial. It is also much cheaper than trial. All in all, mediation is a worth-while tactic to resolve cases short of trial.

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  • Can you recieve just a fine with a Retail- Theft underring felony charge of $311.56?

    was charged with a Felony retail theft underringing of $311.56. This is $161.50 over misdemeanor charges. My question is can this possibly get dropped down to a fine and some community service work or at least a misdemeanor? Did sign a statement ...

    Anthony’s Answer

    The short answer to your question is: yes. This type of charge can, and often is, reduced to a misdemeanor. A fine and court costs are the norm, not the exception in this type of situation, especially for someone with no criminal history.

    While a criminal defense attorney cannot compel the State to reduce the charge to a misdemeanor, he/she will talk to the prosecutor and persuade them to reduce the charges by talking about all of your positive aspects.

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  • Is this a valid defense?

    i received a ticket for failing to make a complete stop before turning on a red light. i turned on a yellow, but at this point its my word against the officers. i plan on taking it to court and saying that i was going southbound looking to tu...

    Anthony’s Answer

    I tend to agree that having a neutral witness, or even any witness at all, is vitally important to your case. The officer will likely testify that he was parked with a clear view of the intersection, no other distractions. As the driver, you have a variety of distractions that come with driving and if you were turning on a yellow light, chances are you made it through the intersection with fractions of a second to spare. Put another way, the court will be measuring credibility and ability to observe.

    I'd be interested in how long the light remains yellow and cross examining the officer on whether you entered into the turn prior to the red light or if he claims after. Does the intersection have a camera? If so, subpoena the records.

    Good luck.

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  • Are these charges criminal?

    "failure to give information after striking property"and "failure to reduce speed to avoid accident? Are these charges criminal when no vehicle, no injuries but only a little property damage is involved?

    Anthony’s Answer

    If you run into something and don't talk to the property owner about the damage then you've almost certainly committed both offenses. More information needed.

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