I have 2 bench warrants one for FTA on a PTR hearing that was issued over a year ago. I want to turn myself in but I would like to see the judge before being taken into custody. I had an ongoing romantic relationship with the county jail administr...
In my experience the judge may insist that you surrender on the warrant. But that might mean that you are booked in and brought promptly in front of the judge. In the best case situation, your attorney may be able to negotiate a surrender and release agreement that would allow you to bond out more or less immediately. Then again, it might be more difficult. I suggest that you begin by retaining an attorney whose work and integrity are respected in your county, and give your attorney a chance to try to work out an agreement for you. Good luck.See question
I am not currently charged with any charges but am being interrogated for several crimes involving credit card fraud, identity fraud and theft because of my alleged association with bad people\ alleged involvement. I have a clean record just wond...
No sense in speculating because the answer depends on numerous facts specific to each case. Is the case being prosecuted in state court or in federal court? Does it involve one-time conduct or was it ongoing? Who was the target of the fraud? How as it carried out? What was the amount of loss involved? What was your role, or suspected role, in the offense? Many, many other factors. I have certainly been involved in cases in which fraud defendants with no prior record received substantial prison sentences. Indeed, I have seen fraud defendants with clean prior records receive a statutory maximum sentence of twenty years . . . so take this seriously, stop posting about it online, and put your case in the hands of an experienced, capable and respected criminal defense attorney. Asking questions online is no substitute for a competent defense.
One final warning . . . if you are arrested it is very possible that your computer and telephone will be seized and your email and online postings will be found and read by the police.
You are in deep and hot water . . . conduct yourself accordingly.See question
These are the charges. Class x count 1 sentenced 21 years county cook home invasion been in jail since 4/25/11 Class 1 count 1 sentenced 6 years residential burglary county cook He's not a bad person.
Your nephew should report any personal threats or anticipated danger to the prison authorities. Alternatively, his lawyer would be the best one to do it. He will not be released. He might be transferred to another prison or placed in a protective custody unit. I am sure he is not a bad person, but he will have to serve his sentence.
I have changed the tag on your posting because this is not a federal crime issue. Your nephew appears to be serving his sentence in a state prison for a state court conviction.See question
State moved to Dismiss a battery charge 2 years and a few days after the charge had been brought/filed. A disorderly conduct charge was then brought by the State and a stipulated bench trial found sufficient facts for conviction to the 'new' disor...
Defendant's attorney would want to determine whether the statute of limitations in this case was tolled during the pendency of the original charge. That could be a major factor in deciding whether the new charge was filed beyond the limitation period. Depending on the status of the case now it may also be important to know whether the defendant waived the statute of limitations by failing to make a proper objection or motion to dismiss.See question
I know that for infraction in the state of Utah you are not allowed to be triad in front of jury. my question is : for example, you are convicted of an infraction then you decide to appeal, are you entitled to jury at the appeal stage or not? ...
That depends on what an infraction appeal involves in the state of Utah. In some states, minor offenses are tried before some type of magistrate or justice of the peace court where there is no right to a jury, and the "appeal" from that court is actually a trial de novo available on request before a full court of record, where a jury may be available. In other states, including my own state of Illinois, the initial court is itself a court of record and review is by a true "appeal" to a three-judge appellate court which hears no witnesses, takes no new evidence, and decides only whether legal error at the trial court level invalidates the original proceedings so as to warrant a new trial or other relief. There is, of course, no jury in such an appellate court.
You would need a lawyer familiar with the Utah court system to answer your question.See question
Possible shoplifting question: This is in IL, an item that was less than $100 was taken from a store. Store had cameras, unsure if the action or the shoplifter was seen on them. An employee left the store carrying their phone and may have recor...
I agree with my colleagues that, as a practical matter, prosecution of this case appears unlikely. Please understand, however, that based on nothing more than the posting here, a criminal offense has been committed, the return of the item is not a defense, and a prosecution and potential conviction would be legally appropriate. The shoplifter may have gotten lucky this time. We trust there will be no further experiments in this dishonorable direction.See question
I am a single mother of three children and a grandmother of two young boys my oldest son has been bullied all his life he was protecting his mother ended up killing someone in self-defense after being beaten and stumped bye three other people I d...
I will only add to what Attorney Powell has told you that you, like your son, must strictly avoid posting or otherwise discussing the facts of this case online or in any other way with anybody except your son's attorney. Hard advice to follow, I know, when the murder charge against your son is consuming your ever thought, but still true. Avvo is a public internet forum, not a confidential consultation with an attorney. What you post here, like what you post anywhere else, is published to the whole world, including the police and the State;s Attorney. You may be a witness and the less you say outside the courtroom the better it will be. Sorry to have to say this, but it is true.
I assume that your son has an attorney by now. If not he must have one immediately. If he or the family can afford to hire a private attorney he should do so. If that is financially not possible the judge will appoint an attorney from the public defender's office. Either way, he must have good legal representation.See question
Asking for a friend
I have been involved in federal drug conspiracy cases that were resolved by a plea or by a short bench trial and I have been involved in federal drug conspiracy cases that wound up in four-month jury trials. Obviously there can be a lot a spread, even leaving aside the different fee structures that individual attorneys might choose to offer.See question
I got caught stealing in November and got a year probation and fees and fines just got caught stealing in Feb and my court is on the 11th will I go to jail? Or will they give me community service
Up to the judge. There is no better way to get yourself a stay in the county jail than by violating your probation by committing the same crime again, and only four months later. But the judge has other options. You might get your probation extended or some other kind of a break, but you cannot count on it. Consider yourself fortunate if your probation is continued subject to a short jail term.See question
I have to do a background check for school in a few months. I recently pleaded guilty to a charge that was reduced from a felony to a misdemeanor. Will the background check show both charges? Also the paperwork for the plea deal has a short descri...
There is a lot of variation. The rap sheets that I usually encounter may show arrests, arresting department, arresting officer, charges filed, court dispositions, dates of imprisonment and release; not every background check is that detailed. I would expect a typical check to reveal show arrests, charges and court dispositions, with county of prosecution and court case numbers where appropriate. The information may or may not be complete and it may or may not be accurate. Court documents such as plea agreements are not going to be included or summarized. Keep in mind that written plea agreements are very unusual in Illinois state courts, at least in those counties where I have had any experience.
To answer your specific question, it is very possible that a background check will show both the charge on which you were originally arrested and the different charge on which you were convicted. I have seen that often.See question