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Can the court drop he charges in IL because of “due diligence rule” if applicable?

Waukegan, IL |

Under the law, there has to be a continued effort to catch the suspect,” there wasn't a continued effort hereof. Since the early spring 2012, I am fugitive because of class 2 felony charge had been pressed by ex girl friend. Though it was false accusation. Due to very severe stress I undergone and many other factors, I fled, thereupon the bond was posted. I did not appear on preliminary hearing, therefore was automatically indicted by the Grand without any adversarial procedure. In other words guilty until prove innocence.
The money was lost. Since then I live outside US. Because of nature of the offence I do not rely on impartial trail. That is why I did not surrender. I am indigent consequently.

P.S.
According to the Sixth Amendment of the United States Constitution, I (accused)

P.S. According to the Sixth Amendment of the United States Constitution, I (accused) shall enjoy the right for the Assistance of Counsel for my defense. The Public defender Lake county representative wrote me via email that I must surrender and applied for public defender. I understand all such statements and advises that are based on internal regulations and certain bylaws. Though essentially a criminal charge is a law matter, therefore there is a firm hierarchy in the Law, particularly in US; US constitution, Six amendment, witch very clearly states that an (accused) shall enjoy the right for the Assistance of Counsel during criminal at all critical stages of due process nothing said that an accused must first surrender et cetera..

Attorney Answers 5

Posted

You will not be tried in your absence. Thus, to get the protection of the law you must abide by the law.

Makes sense, no?

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Asker

Posted

You sound as a prosecutor. I am not an expert in Law, however I assume that the criminal procedure is adversarial procedure with an adequate competence in due process. The US with giant recourses vs me. Indigent and very sick as a result of miscarriage of justice. If this is adversarial system, I guess something wrong somewhere/

Asker

Posted

I apologize that I dare to argue, though ti is my life?! But are there any other alternatives to dismiss the case except as to held a trail?

Asker

Posted

Nevertheless it was a precedent recently Herein is copied article from http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#axzz2aKzCwHoB On the run for the last six years, Frank Wilson Rawson can quit looking over his shoulder. Rawson, 55, of McKeesport had been wanted in New Kensington since 2007 on 13 charges, the most serious of which are drunken driving, resisting arrest and fleeing police, according to court documents. Rawson never showed up to his June 2007 preliminary hearing and hadn't been seen since. That is, according to New Kensington police, until he was pulled over by Penn Hills police earlier this month for a minor traffic infraction. When police ran a record check on Rawson, they arrested him and sent him to Westmoreland County jail. But that's the only jail time Rawson will have to do for his 2007 infractions, according to New Kensington police. According to the Westmoreland County District Attorney's Office, the charges had to be dropped on Rawson because of a “due diligence rule.” “Under the law, there has to be a continued effort to catch the suspect,” Assistant District Attorney James Lazar. “Because there wasn't a continued effort, we had no choice but to drop the charges. “He fled to California and wasn't pursued.” New Kensington Police Sgt. Dino DiGiacobbe said the department knew where Rawson was; they just couldn't get him to Pennsylvania. “We knew he was in California,” said DiGiacobbe, the officer who arrested Rawson in 2007. “But his charges weren't severe enough to have him extradited back here. Other than his pending traffic citation, Rawson is now a free man, DiGiacobbe said. Read more: http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#ixzz2aLPG4qta Follow us: @triblive on Twitter | triblive on Facebook

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Excellent suggestion by my esteemed colleague.

Posted

The only question you asked was about speedy trial, not due diligence. The time has been stayed because you are at fault for the delay due to your flight outside the jurisdiction. If you are indigent, you will be entitled to a public defender if/when you return to face the charges.

I disagree with counsel because under certain circumstances, defendants have been known t be tried in absentia. It is unlikely this will happen in your case but without more facts, we cannot say for sure.

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Asker

Posted

Nevertheless it was a precedent recently Herein is copied article from http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#axzz2aKzCwHoB On the run for the last six years, Frank Wilson Rawson can quit looking over his shoulder. Rawson, 55, of McKeesport had been wanted in New Kensington since 2007 on 13 charges, the most serious of which are drunken driving, resisting arrest and fleeing police, according to court documents. Rawson never showed up to his June 2007 preliminary hearing and hadn't been seen since. That is, according to New Kensington police, until he was pulled over by Penn Hills police earlier this month for a minor traffic infraction. When police ran a record check on Rawson, they arrested him and sent him to Westmoreland County jail. But that's the only jail time Rawson will have to do for his 2007 infractions, according to New Kensington police. According to the Westmoreland County District Attorney's Office, the charges had to be dropped on Rawson because of a “due diligence rule.” “Under the law, there has to be a continued effort to catch the suspect,” Assistant District Attorney James Lazar. “Because there wasn't a continued effort, we had no choice but to drop the charges. “He fled to California and wasn't pursued.” New Kensington Police Sgt. Dino DiGiacobbe said the department knew where Rawson was; they just couldn't get him to Pennsylvania. “We knew he was in California,” said DiGiacobbe, the officer who arrested Rawson in 2007. “But his charges weren't severe enough to have him extradited back here. Other than his pending traffic citation, Rawson is now a free man, DiGiacobbe said. Read more: http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#ixzz2aLPG4qta Follow us: @triblive on Twitter | triblive on Facebook

Judy A. Goldstein

Judy A. Goldstein

Posted

The purpose of this website is simple Q&A. Please do not furnish news articles for us to read or links to follow as we will not do so. We also will not engage is legal discussion with you. Either accept the information we have given or don't as hat is your choice. The lawyers here are volunteers who willingly give their valuable time to assist. What we cannot and will not do is engage in moot court style discussion with anonymous askers. Hire a lawyer if you intend to return to this country.

Asker

Posted

I apologize for taking your time, though you do not have to answer whether to flash your anger on me, Yes I am accused BUT NOT CONDEMED and I am NOT GUILTY I mess up my life because I immigrated to US seeking better life Believed this country is the MOST human rights protective,whereas Rule of Law is paramount. I immigrate from former USSR , Now tend to believe that US justice gradually transform into totalitarian values platform in law enforcing

Posted

The case will not be dismissed. The warrant will stsy active until you are arrested or turn yourself in.

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Asker

Posted

what do you think about this Nevertheless it was a precedent recently Herein is copied article from http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#axzz2aKzCwHoB On the run for the last six years, Frank Wilson Rawson can quit looking over his shoulder. Rawson, 55, of McKeesport had been wanted in New Kensington since 2007 on 13 charges, the most serious of which are drunken driving, resisting arrest and fleeing police, according to court documents. Rawson never showed up to his June 2007 preliminary hearing and hadn't been seen since. That is, according to New Kensington police, until he was pulled over by Penn Hills police earlier this month for a minor traffic infraction. When police ran a record check on Rawson, they arrested him and sent him to Westmoreland County jail. But that's the only jail time Rawson will have to do for his 2007 infractions, according to New Kensington police. According to the Westmoreland County District Attorney's Office, the charges had to be dropped on Rawson because of a “due diligence rule.” “Under the law, there has to be a continued effort to catch the suspect,” Assistant District Attorney James Lazar. “Because there wasn't a continued effort, we had no choice but to drop the charges. “He fled to California and wasn't pursued.” New Kensington Police Sgt. Dino DiGiacobbe said the department knew where Rawson was; they just couldn't get him to Pennsylvania. “We knew he was in California,” said DiGiacobbe, the officer who arrested Rawson in 2007. “But his charges weren't severe enough to have him extradited back here. Other than his pending traffic citation, Rawson is now a free man, DiGiacobbe said. Read more: http://triblive.com/neighborhoods/yourallekiskivalley/yourallekiskivalleymore/4381670-74/rawson-police-charges#ixzz2aLPG4qta Follow us: @triblive on Twitter | triblive on Facebook

Posted

You seemingly logical approach to practical applications of legal concepts comes to a crashing halt by being legally flawed: no matter what internal justifications you present for public reading, the law requires you to answer charges and be tried in court.
Align yourself with a splendid legal professional to complete that criminal matter, otherwise, I am certain of that, your life will encounter more legal complications.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Asker

Posted

I do not justify myself hereof on public vein, it is not logical. My intent to write was clearly explicit to find a legal help in the very precise subject, such as : TO ENJOY MY RIGHT OF LEGAL COUNSEL in the respect of criminal charge against me. In accordance with the SIX Amendment of US Constitution. No matter, f the citizen is rich or poor, want to surrender or whatsoever. Some defense lawyers can only speculate and swindle words but the US constitution was only amended not so much and not so recently. I just assert THAT I WANT TO ENJOY MY RIGHT UNDER SIX AMENDMENT OF US CONSTITUTION. The rest of my written explanations were solely designed to facilitate reader become familiar with the matter.

Asker

Posted

I apologize for taking time, it is because I do not have attorney and I got to learn on my own. I just visit your website and found out about grand Jury indictment. thus I want to ask you to be engaged in my case. We can discuss Skype details. Let me know please

Posted

I don't think that is going to work, sorry.

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6 comments

Asker

Posted

can you suggest something?

Joshua Sachs

Joshua Sachs

Posted

I would not give advice about a case that I know nothing about. When I am actually retained I conduct a fairly thorough preliminary investigation before even thinking about roughing out what my approach should be, and I most certainly do not rely on my client's representations. I would not give suggestions or advice in this kind of chat room forum. The solution that you proposed in your question strikes me as most unlikely to succeed. The only think I would say beyond that is that Lake County strikes me as a jurisdiction where local attorneys (among whom I am not) may fair better than outsiders.

Asker

Posted

Thank you again, I did not fully understand about Lake county local attorneys, do you recommend them or not?

Joshua Sachs

Joshua Sachs

Posted

If I had a matter in Lake County I would look for a local attorney.l

Asker

Posted

I am not the expert but according to attorney Paul G. Stuckle http://familyrightsassociation.com/bin/white_papers-articles/stuckle/false_sex.htm He recommends among others A false allegation case can only be defended successfully by an attorney with significant trial experience and specifically with child sexual assault cases. The falsely accused are not in a position to have inexperienced counsel. Unfortunately, the police, Child Protective Services, and the public will consider you to be guilty. For the falsely accused it is important to act immediately. The falsely accused must prove their innocence! An attorney who does not begin an all out defense at the very beginning is wasting valuable time and compromising your future. It is a false allegation. This needs to be vocalized and acted upon. The charge is false. The allegations are untrue. Scream it until someone hears. And if your attorney does not hear, then fire him/her and hire someone else. There is no “home field advantage “in sexual assault cases. Do not shy away from a good attorney who is located in a different county from where you are being charged. Judges do not get re-elected if the public views them as being soft on a child sexual assault charge. It makes no difference how well a local attorney knows the judge, that will not be of any assistance with this type of charge. An “outsider” who does not care about making the judge or prosecutor happy, but just wants to defend you and win is much better than a local name. Your attorney does not have to be board certified in criminal law. Board certification usually means that the attorney practices criminal law in general. For a child abuse or child sexual assault allegation, the best is an attorney who specializes primarily in those cases to the exclusion of other cases.

Joshua Sachs

Joshua Sachs

Posted

I do not see the significance of that quotation, but at any rate you will make your own choices and do what seems best in your own eyes. Good luck.