In 2012 I was charged as an adult for burglary to an auto. At the time I was 17. I have finally been released off of probation, and I'm looking to bury this mistake and get on with my life. Please contact me if you can help with this situation. ...
If you actually got probation (instead of, for example, ;some kind of special drug probation) then you have a conviction and no conviction in Illinois, whether for a felony or for a misdemeanor, can ever be expunged.* Some conviction records, however, can be sealed.
Your reference to seven years leads me to think that you are one of the thousands of people who have been confused into thinking that criminal records must be erased after seven years. Not so. That is a common misunderstanding based on confusing language in the federal Fair Credit Reporting Act. But the federal statute is addressed to something else entirely and has nothing to do with the expungement or sealing of state criminal conviction records.
* I am aware of only two narrow exceptions to this rule. Conviction records can be expunged if (1) ithe Governor of Illinois grants a pardon that includes an order for expungement or (2) an honorably discharged veteran may be able to obtain a certificate from the Prisoner Review Board that allows a court to expunge records of some Class 3 or Class 4 felony convictions.See question
Ok so I was going above the posted speed limit and got pulled over. I didn't have the insurance with me since I was driving my mom's car and I had cleaned it out previously but accidentally took the insurance papers out as well. The officer was ki...
The face amount of the bond is what the court could order you to pay if you violate your bond and don't show up in court. An I-bond (Individual Recognizance) requires no money deposit. You get out on your signature, and unless you violate the bond you never have to pay anything. A D-bond (Deposit) requires that you pay 10% of the face amount to the clerk of court in order to be released. On a minor case you would usually pay that at the police station or at the county jail and bond out from there. If you comply with the conditions of your bond you get your deposit back when the case is over . . . but there will be a bond fee taken out of it and if you are convicted there may be other costs deducted from your bond. A few charges require that the full amount of the bond be deposited as a condition of release.
Note that unlike many other states, Illinois does not permit professional bail bondsmen. The 10% deposit law was designed to knock them out of the market, which it did.See question
My husband is in jail on a $2000 felony warrent for missing court prior to receiving a simple battery then states attorney changed it to a aggravated battery
If the case goes to trial then by definition the charge has not been "dropped". The jury might find him not guilty. It might find him guilty of aggravated battery, as charged. Depending on the evidence and on a number of other considerations, it might also have the option to find him guilty of the lesser included offense of simple battery instead.See question
If someone posts an ad on Craigslist stating they want to interview a Cancer patient for 1 hour in exchange for a $200 incentive and the respondents lies about the diagnosis is that a criminal act? This would be a typical research study where the...
No individual can "press charges" and no individual can "get [somebody] arrested". However, you have described what I would consider criminal conduct under Illinois law. The matter could be reported to the police and a criminal investigation by the police and criminal charges brought by the State's Attorney could follow. And if the police should happen to obtain a search warrant for your computer and go through your emails, what do you think they are going to find? That's right! . . . . your nice little Avvo posting. Unlikely, perhaps, but I have seen it happen.See question
Is there a code for this because I cant find anything on at all. Throughout my entire search all I can find is different court cases. I know different motions and rules and things derive form court cases but it doesn't specify or single it out. I'...
Mr. Sokolowski has provided you with the text of the current Rule of Evidence 609, but the life of the rule and the details of its application are not in the text itself but in the court decisions that you admit that you do not know how to understand or use. I hope to God that you are not trying to defend your own criminal case.See question
Battery/cause bodily injury. Case was dismissed and stricken.
Better be careful with this one. It could mean that the case was finally dismissed on motion of the prosecutor and removed from the court's call of open cases. It could mean that it was tentatively dismissed and "stricken on leave to reinstate", in which case it is possible, although not likely, that it will be reinstated. It could mean that it was dismissed on motion of the defendant, in which case the prosecutor might attempt to recharge the case. Local usage and practice might be a factor. A lawyer would want to look at the docket in order to reliably answer your question, and I suggest a lawyer from the county in which the order was entered..
If you are the defendant and you had a lawyer representing you in court, that is obviously the best person to ask.See question
My son is in FCI Elkton. He said there was no evidence in the record to convict him. If we can get someone to read the appeal, to begin with, then they could get a feel for the case. He would like a lawyer from the Southern District of AL. I c...
Does Alabama have a death penalty? If so, it probably has an agency or organization of some kind that handles the defense of death penalty cases. The attorneys at that agency will know what Alabama lawyers have a good handle on federal habeas corpus work under both Section 2254 and Section 2255. I would start by asking them for recommendations.See question
So my husband is on parole for a driving case, but recently deciplines my 12 year old son for punching a hole in our wall, he is not his biological father but the police classified it as a domestic battery/bodily harm....the judge classified it as...
No individual ever brings charges and no individual can ever drop charges. Charging decisions are made, and charges are brought and (where appropriate) dropped, by the State's Attorney. You are nothing more or less than a witness, and you have no control over what the State's Attorney may do about this case. I suggest you talk to your husband's attorney, and iif you want to help him do not post anything online about this matter ever again.See question
A Federal criminal trial took place and the defendant was found guilty and has been sentenced. The defendant was frustrated through the trial and felt things we're being misconstrued or stated as truth when they were false. Many statements were ma...
Yes there is very good reason why it might be a disaster to do what you propose, but your question is much too complicated to be addressed in an online forum. Discuss this with an attorney before your federal notice of appeal deadline runs.See question
My fiance is a resident not a citizen and was charged and sentenced by the state for serious felonies and we are trying to get proper legal counsel to represent him in an appeal Immediately before he runs out of time.
The United States Supreme Court has held that it is the final duty of trial counsel to file a timely notice of appeal on behalf of a defendant who requests one. So don't go looking for an appellate lawyer to file the notice of appeal. He should ask his trial attorney to file it. Or he can fill out the notice of appeal himself and mail it to the clerk of the court where he was convicted. Along with the notice of appeal he can file a request for appointment of appellate counsel.
If you waste your time trying to make arrangements for appellate counsel before filing the notice of appeal you can easily blow your deadline, and that can kill the appeal before it even begins. Make sure the notice of appeal gets filed on time. Then worry about finding an attorney, whether retained or appointed, to come in and take over litigating the appeal.
Note that I do not practice in Iowa. I have tried to answer your question based on considerations that apply in virtually all states.See question