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Does restitution have to be paid directly to a public defender?: My brother is currently in jail for violating his probation for the first time. His public defender said she can get him out next month if someone brings her $1500.00 directly for restitution.Does restitution have to be paid if the time is served and should I be paying her directly ?

Asked almost 3 years ago in Criminal Defense

Jeffrey’s answer: Restitution is paid the Circuit Clerk of the county where the criminal offense occurred. The Clerk then distributes the restitution to the victim of the criminal offense. It is not unusual for a lawyer to work out a deal with the prosecution in which the defendant will pay a lump sum and will be released from custody, and the lawyer may deliver the payment to the Clerk. I would be wary of delivering directly to the attorney without more information, but if you do, make sure you get a receipt and perhaps ask if you can speak directly to the prosecutor about the deal that is in the works.

Answered almost 3 years ago.

How does the IL.Sec. of state view a reckless driving charge with 3 previous DUI's?: I live in IL. In the early 90's I recieved 3 DUI's. Since than I have had a clean record. Recently I recieved a DUI in WI. And after the admin. hearing the WI DMV did not see reason to take my license till a conviction.And due to the states lack of evidence and a lot of shady areas they are offering me a reckless driving plea. My lawyer being from WI does NOT know IL laws. and thinks this is fine in order to keep my license. But through all this I have learned how much tougher IL is compared to other states and I have to know for CERTAIN Il would not consider this a 4th DUI before I take the plea. I do believe i can beat this completely, but the altenative is just too scary to risk. So I am considering taking it. BUT Will IL take my license if I accept this plea?

Asked about 4 years ago in DUI & DWI

Jeffrey’s answer: In Illinois, an out-of-state conviction for reckless driving will count as points on your driving record; however, it will not suspend/revoke your driving privileges unless you have received enough prior convictions in the last year with points accumulating enough to suspend/revoke you. If you have not had any prior convictions in the last year in IL or anywhere, then you should be okay with the reckless driving conviction. The only chance at a revocation/suspension falls under the IL Secretary of State's "discretionary" powers and under this circumstance, I don't think an out-of-state reckless conviction would suspend/revoke you in IL.

Answered about 4 years ago.

I left meijers today with items in my cart, and came home. i am not feeling well & want to call the store should I?: I am undergoing headaches and was at dr. previously. there were no cashiers anywhere in the outside floral dept. i want to go back tomorrow and tell the store what happend should I?

Asked about 4 years ago in Criminal Defense

Jeffrey’s answer: If you choose to go back to the store, they could call the police to file a police report. While it is honest of you to go back, there are no guarantees they'll say, "Ohhhhh, thank you for your honesty...we appreciate it. You can go on your way."

Here's a potential as to what could happen: You'll go back, admit to taking the items without paying, and they'll call the police to make a report. They'll also have you sign a "No trespass" notice taking away your license to be on the property (or any Meijer's property). This notice can lead to Trespassing charges if you choose to frequent another Meijers in the future. The police will arrive and take the report. They could 1) arrest you and take you to the station; or 2) "Arrest" you but give you a notice to appear. They will then forward the report to the local state's attorney's office and it will be up to them to decide on charging you with retail theft. If they do elect to file charges against you, they 1) have an admission of guilt and 2) have the evidence to prove you guilty beyond a reasonable doubt (if, when you left, you intended on permanently depriving them of the property). Having a change of heart after the crime is committed is commendable, but it will really only be used as mitigation at any sentencing hearing in front of the judge. Depending on if you have prior retail thefts on your criminal record or if you have a bad criminal record in general, you could be punished more than you would think. More importantly, if you have a prior retail theft offense on your record, this retail theft could be elevated to a felony offense (Class 4).

If you simply did not realize you didn't pay for the items and you go back to tell them, that would not be retail theft. But remember, they have cameras and they could look at the videos when you left and if you appear suspicious or "up to something," they may not believe your nice story.

Answered about 4 years ago.