My Son's Father was charged with 5 cases of armed car jacking is it possible he can get some lesser charges
Chicago, IL |
5 witness pointed him out, he wasnt the one with the weapon, he wasnt driving. Someone else was with him and was also caught. i have no money looking for a pro bono lawyer maybe not sure how to go about things. He has no prior backround.
Do you mean 5 cases or five counts? The state and the defense attorney can work out a plea where some charges are reduced depending on the evidence, his background and mitigating circumstances. There are lists and clinics that you may wish to look into. Your son's father should be able to at least obtain a public defender by signing an affidavit as to his low income.
Please contact a lawyer and do not make legal decision based on the legal advice provided. Criminal cases are complex and factually very sensitive.
If he is indigent he may qualify for an assignment of a Public Defender by the presiding judge in those crimoinal cases at no charge. One thing is obvious, no matter what happens from now on, he must have a competent attorney to bring these cases to a reasonable outcome under the circumstances.
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If your son's father is indigent, he will be appointed a public defender. This will happen at this first court date. You and he should refrain from discussing this case online or with friends or family. The only person he should discuss his case with is his attorney and he should not have the same lawyer as the other person involved in the incident.
Aggravated Vehicular Hijacking under Illinois statute 720 ILCS 5/18-4
A person commits Aggravated Vehicular Hijacking when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force and
- If the person from whose immediate presence the motor vehicle is taken is a physically handicapped person or a person 60 years of age or over then it is a Class X felony punishable by 6 to 30 years in the state penitentiary; or
- If a person under 16 years of age is a passenger in the motor vehicle at the time of the offense then it is a Class X felony punishable by 6 to 30 years in the state penitentiary; or
- If he or she carries on or about his or her person, or is otherwise armed with a dangerous weapon, other than a firearm then it is a Class X felony punishable by a minimum of 7 to 30 years in the state penitentiary; or
- If he or she carries on or about his or her person or is otherwise armed with a firearm then it is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court; or
- If he or she, during the commission of the offense, personally discharges a firearm then it is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court; or
- If he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person then it is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
The court will appoint counsel for him, probably the public defender. The decision of what the charge should be is made by the prosecutor. It is often possible to get the prosecutor to agree to a lesser charge, but the price is usually a plea of guilty to the reduced charge. That may or may not be the way to resolve this case. This is something that your friend will have to discuss with his attorney.