Anthony William Vaupel’s Answers

Anthony William Vaupel

Galesburg Criminal Defense Attorney.

Contributor Level 9
  1. What is the process of getting a misdemeanor expunged in IL

    Answered about 6 years ago.

    1. Anthony William Vaupel
    1 lawyer answer

    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....

    1 lawyer agreed with this answer

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

    Answered over 5 years ago.

    1. Anthony William Vaupel
    2. Jeremy J. Richey
    2 lawyer answers

    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. )

    3 people marked this answer as helpful

  3. What does contested sentencing mean

    Answered over 5 years ago.

    1. Anthony William Vaupel
    1 lawyer answer

    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.

    1 lawyer agreed with this answer

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  4. 2 felonies convictions over 7 years ago, can i get a Gov. Pardon?

    Answered over 4 years ago.

    1. Anthony William Vaupel
    2. Ayuban Antonio Tomas
    3. Johnny Ramirez Castaneda
    3 lawyer answers

    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...

    2 people marked this answer as helpful

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

    Answered over 4 years ago.

    1. Anthony William Vaupel
    1 lawyer 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...

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  6. Can I get prison time credit for earlier jail time?

    Answered over 4 years ago.

    1. Anthony William Vaupel
    2. Ayuban Antonio Tomas
    3. Owen David Greenberg
    3 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Anthony William Vaupel
    1 lawyer answer

    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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  8. License revoked after being dismussed by Jusge

    Answered about 6 years ago.

    1. Anthony William Vaupel
    1 lawyer answer

    Dear Mr. Johnson, it is unclear as to who you are contacting. You should contact the Circuit Clerk for the county as they maintain court records. The Secretary of State will probably not have records indicating who your trial attorney was. If the Circuit clerk has lost the records I would get a copy of my criminal history from Illinois law enforcement and then file a MR seeking to recreate the lost court file. Then you would, at the minimum, have a court file to point the Secretary of State...

    2 lawyers agreed with this answer

  9. AZ laws regarding marital rape

    Answered about 6 years ago.

    1. Anthony William Vaupel
    1 lawyer answer

    You cannot do so yourself, you will have to convince either the police or the prosecutor to file charges.

    2 lawyers agreed with this answer

  10. 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?

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Anthony William Vaupel
    3. Matthew David Keenan
    3 lawyer answers

    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.