My case has been continued 2 times because the state's attorney has not been able to contact the alleged victim. My attorney suggests that to avoid a trial I should consider accepting a court supervision and possible fine. I am not sure if I am guilty but I would love to avoid a trial. Will it have bad ramifications on my record to accept supervision.i.e. future employment? How long will I have to wait for expungement? Is supervision considered a bad penalty? Should I go ahead with the trial?
Criminal Defense Attorney
The offense that you are charged with is not a particularly serious one. The fact that one is placed on probation/supervision is what it is. The factor that will hurt the most regarding your future is having a misdemeanor conviction on your record. Some employers will look at what the circumstances were, or will look at what the offense one was convicted of was. However, many will only need to see that you have a criminal conviciton on your record. Further, if you do not believe you are guilty of this offense you should be getting an attorney and fight the charge(s) in court. If a resolution can be resolved in which you might be supervised and end up having the charge dismissed; it might be worth the peace of mind knowing that the case is over and that you won't have a conviction on your record, as the case would have been dismissed. If this is the proposal your attorney has brought to you you might be well-advised to consider following your attorney's advice.
The ultimate question of whether or not you should proceed to trial is something I cannot advise you to do or not to do because I do not know all the facts of the case. However, in reference to your question about Disorderly Cnduct and Court Supervision, I can tell you that the disposition of court supervision in Illinois means that a judgment of conviction is not entered against you. If you are eligible, current law provides that you could petition for an expungement of the entire incident from your records at least two years from when your court supervision ends. If you receive court supervision, the record will reflect that there was a guilty plea or finding of guilty by the court, but no conviction. An expungement, if granted, will have the legal effect of erasing the entire incident from your record, as though it never happened.
I would hope that you would have enough confidence in your lawyer's abilities that you have asked him or her these questions. If you accept court supervision you will have to wait two years after the termination of supervision to petition to expunge your record of arrest. Yes, future employment can be effected by any type of plea of guilty, though court supervision is not a conviction. Supervision is a great disposition if you're guilty. If you're not, you should go to trial and have a lawyer who is ready and experienced enough to do so.