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My Son's Father was charged with 5 cases of armed car jacking is it possible he can get some lesser charges

Chicago, IL |

5 witness pointed him out, he wasnt the one with the weapon, he wasnt driving. Someone else was with him and was also caught. i have no money looking for a pro bono lawyer maybe not sure how to go about things. He has no prior backround.

Attorney Answers 6


  1. Do you mean 5 cases or five counts? The state and the defense attorney can work out a plea where some charges are reduced depending on the evidence, his background and mitigating circumstances. There are lists and clinics that you may wish to look into. Your son's father should be able to at least obtain a public defender by signing an affidavit as to his low income.

    Please contact a lawyer and do not make legal decision based on the legal advice provided. Criminal cases are complex and factually very sensitive.


  2. If he is indigent he may qualify for an assignment of a Public Defender by the presiding judge in those crimoinal cases at no charge. One thing is obvious, no matter what happens from now on, he must have a competent attorney to bring these cases to a reasonable outcome under the circumstances.

    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 criminal defense 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


  3. The court

    Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.


  4. If your son's father is indigent, he will be appointed a public defender. This will happen at this first court date. You and he should refrain from discussing this case online or with friends or family. The only person he should discuss his case with is his attorney and he should not have the same lawyer as the other person involved in the incident.


  5. Aggravated Vehicular Hijacking under Illinois statute 720 ILCS 5/18-4
    A person commits Aggravated Vehicular Hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force and
    - If the person from whose immediate presence the motor vehicle is taken is a physically handicapped person or a person 60 years of age or over then it is a Class X felony punishable by 6 to 30 years in the state penitentiary; or
    - If a person under 16 years of age is a passenger in the motor vehicle at the time of the offense then it is a Class X felony punishable by 6 to 30 years in the state penitentiary; or
    - If he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon, other than a firearm then it is a Class X felony punishable by a minimum of 7 to 30 years in the state penitentiary; or
    - If he or she carries on or about his or her person or is otherwise armed with a firearm then it is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court; or
    - If he or she, during the commission of the offense, personally discharges a firearm then it is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court; or
    - If he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person then it is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.


  6. The court will appoint counsel for him, probably the public defender. The decision of what the charge should be is made by the prosecutor. It is often possible to get the prosecutor to agree to a lesser charge, but the price is usually a plea of guilty to the reduced charge. That may or may not be the way to resolve this case. This is something that your friend will have to discuss with his attorney.

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