You should be asking your attorney handling the case.
The contents of this post do not establish an attorney-client relationship. Any comments made in this post are general in nature and may not apply to the specific facts and law of your case.
Your attorney is the best source for answers to these questions, first of all.
Second, since you have a lawyer, no one here can offer legal advice to you.
Third, I suspect this "conviction" was actually a failure to appear or some other ministerial error. Your lawyer knows how to fix this and shouldn't be a big deal.
I wish you luck but stick with the person you're paying to answer your questions--he knows your case better than anyone!
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Rely upon the perspon you paid good money to handle all of these issues -- your attorney!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
It should be an easy fix with a copy of the court's docket.
You will not able to recover against the State for the error.
As so many of us have told you, trust your attorney. There is no presumption of innocence in traffic matters and the bar is very low. The State can also get a default judgment if you do not appear. That is probably what happened. Again, ask your attorney.
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com
You should be asking these questions to your attorney. You attorney should not have any problem answering your question. However, if you do not feel like you are a getting an answer, then you might want to seriously consider hiring a new attorney.
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