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Andrew Mark Weisberg

Andrew Weisberg’s Answers

10 total

  • Am I on bond just until my first court appearance or until my final court date? I'd like to leave the state for a day

    Andrew’s Answer

    • Selected as best answer

    Unfortunately you are still on bond and must comply with all the conditions. You deserve credit for reading your bond sheet and being careful to comply. You will only be off bond when your deferred prosecution ends and your case is dismissed. This will not happen until your final court appearance. The good news is that most judges in a case like this would allow you to travel outside the state. You could hire an attorney or go yourself to advance the case and ask the judge for permission to travel. It would obviously be easier with an attorney, depending on your financial situation. If you cannot afford an attorney, you may be able to do this on your own.

  • If u were pulled over an there was a gun in the car with u but it wasnt yours how can u be charged with it?

    Andrew’s Answer

    Aggravated UUW is a class 4 felony. It carries 1-3 years but does have the possibility of probation. If you have a clean record, probation is a likely outcome. Just because you are the driver does not mean you will be convicted. The State has to prove that you had knowledge of the gun. A lot will depend on where the gun was found and any statements made by others in your vehicle. It also depends whether this case was in Chicago or the suburbs. Good luck.

  • Can i leave the state of illinois im on felony probation

    Andrew’s Answer

    You will need to begin by speaking with your probation officer. Give them plenty of notice. Some probation officers may not object to your leaving but will require you to appear before the judge who placed you on probation. So just call your probation officer and ask if you can leave. If they say no, you will need to bring the case before the judge and he/she will most likely allow you to leave as long as you have otherwise been in compliance with probation.

  • My boyfriend was charged with residential burglary

    Andrew’s Answer

    Residential burglary normally does not carry with it the possibility of probation. It is a 4-15 year sentence. However, if the defendant has a drug addiction, the Judge can elect to place him on a special probation called TASC. The great thing about TASC probation is if the person successfully completes the probation, the charges can be dropped and his record cleared down the road. As far as a reduction in charges, that is possible in this case because he has a clean record. The prosecutor may be willing to reduce the charge to burglary with probation. That being said, it all depends on the prosecutor handling the case and the judge in the courtroom. The bottom line is that there is hope for your boyfriend to avoid a prison sentence and get help with his drug problem.

  • I had a job interview to work for a out side nursery and i have a midermenor retail theft on my record can i still get the job??ARCHIVED

    Andrew’s Answer

    These days most employers will run a background check on prospective employees. I have spoken to many clients who have been hired, work for a period of time, and were then fired when the background checks came back. I am afraid that a background check will reveal both the retail theft and the case for which you are on conditional discharge. Conditional discharge is non-reporting probation. However, when you are placed on conditional discharge the judge immediately enters a judgment of conviction. To answer you question, finding a good job may be more difficult with your criminal background. Good luck to you.

  • Im charged with a class 4 felony disorderly condust how will i be sentencedARCHIVED

    Andrew’s Answer

    It all depends on the extent of your criminal background. A class 4 felony is the lowest level felony in Illinois. A class 4 felony does not carry a mandatory minimum prison sentence. It is a probationable offense and unless you have an extensive criminal record, I would assume you will receive probation. Although you can be fined up to $25,000, I would expect a much lower fine. Most criminal judges do not issue high fines on cases like this. Most judges will order you to pay court costs (usually a few hundred dollars) and a small fine. Good luck to you.

  • What is the best route to attempt to have an Expired Registration ticket dropped?ARCHIVED

    Andrew’s Answer

    Previous counsel is correct that you do not appear to have a "legal" defense to your case. That being said, many prosecutors, at least in Cook County are more than willing to dismiss a case like yours once the defendant comes into compliance. In your case, as soon as you realized your mistake, you took care of the problem. If the case is in Cook County the ticket will most likely be dismissed. In any event, if you show proof of registration when you go to court, they will not do anything to hurt you too badly. Most likely a brief period of court supervision (if you have a clean record) and a small fine.

  • Are there a specific number of years befor a warrent is stoppedARCHIVED

    Andrew’s Answer

    The other responses from previous attorneys are correct. Generally, a warrant remains outstanding until the person is arrested. I have had clients who were arrested on warrants from 20-30 years ago. That being said, there are some courts that conduct warrant reviews. In other words, each year, they will look at the warrant and the underlying case and decide whether to leave the warrant in the system. If the case is serious, they will likely leave it in the system. If the case is getting old or is not very serious, they may decide to quash the warrant. If you are uncertain as to whether there is a warrant out for your arrest from an old case, it is best to call the Circuit Clerk's Office for the county where your case originated. They will look up the case and inform you whether there is a warrant and the warrant amount.

  • Can police set me up again after getting arrested?ARCHIVED

    Andrew’s Answer

    This is a good question. The first thing I would mention is that you should be able to get your phone back. The police can hold the phone or other of your property as evidence while the case is pending. However, once the case has ended, you may have been able to request the Judge to order that your phone be returned. You may still be able to do that. You may be able to go back into court and ask that the case be put on the docket. You could then go before the Judge and request the return of the phone. You may be able to do this without an attorney. As to your question about the police, it is my opinion that they could not use your phone to set you up in the future. That being said, you should avoid any activity that could be land you back in court. The prosecutor has the discretion to upgrade future prostitution arrests to felonies. You certainly do not want that.

  • Seeking Criminal Defense Attorney Pro Bono

    Andrew’s Answer

    I agree with the responses of the previous lawyers. Another possible option is to contact some of the big law firms in Chicago. Large Chicago firms such as Mayer Brown, Winston & Strawn and others handle murder cases pro bono. These large firms are not criminal defense firms, but often handle very serious criminal matters pro bono. If you are fortunate enough to have one of these large firms handle the case, you will benefit from their great resources of lawyers and money. I know these big firms get many requests and they certainly turn down most cases. That being said, it is worth a call to each of the large firms in the city. The best thing to do is call the main number of the law firm and ask to speak to someone in the pro bono department. They will have a screening process that may take some time. Another point to remember is that you may begin the case with a public defender and come in with a private lawyer or law firm at some later point in the case. If you come in later with a private lawyer, the public defender will simply step aside and your private attorney will take over. Good luck to you.