Skip to main content
Robert A. Heap

Robert Heap’s Answers

4 total

  • Can a court appointed attorney decide to enter a plea of guilty on a defendant without even seeing the defendant or consulting?

    Robert’s Answer

    It is impossible for an attorney to enter a plea of guilty on your behalf without you being present on this type of case. Some times you will see it happen on a very minor case but certainly not one as serious as a Class 2 felony. If a plea was entered on your behalf, not only would your attorney be in trouble, but also the judge. That being said, you clearly have a problem with your attorney. There are many fine attorney's who will handle your case with the attention that it deserves. Call one!

    See question 
  • Why would a drug case require a special prosecutor?

    Robert’s Answer

    There are a couple of possibilities. One is that there is some type of conflict of interest. In that case a private attorney could be assigned to be a special assistant state's attorney for this case only. Often times, the Attorney General's office takes over the prosecution in those situations. That eliminates any potential conflict the states attorney's office has with the defendant or the judge. The second possibility is that it is not a conflict attorney. Rather, it is a special prosecutor within the states attorney's office. Larger offices are split up into specialized units. So major drug cases are handled by a specialized group of assistant states attorneys. So when they said they are waiting for a "special prosecutor", it may have just been one from a specialized unit.

    See question 
  • Should I pay the civil action of $300 to Walmart? Can I get shoplifting off of my record?

    Robert’s Answer

    The store (victim) has the statutory right to demand payment of a civil penalty from a person who has taken something from them without paying for it. If you choose to not pay the amount in the demand, you do so at your own risk. The statute gives the store the right to recover attorney fees in the civil claim. So what was once just a $300 claim can escalate substantially when their attorney fees are added.

    Regarding your question about getting this matter taken off of your record, you can get it expunged if you meet certain conditions. If you had the theft charge dismissed or received court supervision, you can have it expunged as long as you have had no prior convictions for a criminal offense. If the charge was dismissed, you can petition for expungement immediately. If you received court supervision, you will need to wait to file the petition until two years after successful termination of that supervision.

    See question 
  • Illinoiis DUI conviction 2008

    Robert’s Answer

    If you have tendered this evaluation to the SOS before, they will certainly take it into account at future hearings. Getting an updated evaluation will probably be needed for future hearings. If you get a different result on it you will need to very specific as to why it changed. You should consult with an attorney to plan out how you should address a different result in evaluations.

    See question