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Questions regarding a assault with deadly weapon and hit and run charges.

Oswego, IL |

My sister who was charged with hit and run, assault with a deadly weapon, reckless driving.. Her bail is set at 2500. She has no money for a lawyer. What's whe worst that could happen to her, and say she was bailed out what would still happen? The police also have a video of her admitting her crime

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Attorney answers 6


You haven't given enough information to determine what the "worst" could be, i.e., the maximum punishments. Reckless driving is a misdemeanor punishable by a year in jail and a $2500 fine. The other two charges may be charged as a misdemeanor or felony with varying degrees which will affect the punishment range.

Contact an attorney for her. If she cannot afford an attorney, she will be appointed an attorney by the court if she qualifies.

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It is too early to speculate. You do not know whether or not these are the final charges. Whether or not she makes bail should make no difference in the outcome of the case, although if she is on bail it will be easier for her to assist her attorney and a history of good conduct while on bail might be a point in favor of a more lenient sentence in the event that she is convicted. I strongly recommend that she have no further communication about this matter with the police or the prosecutor, that she not discuss it with anybody except her attorney, and that she look around to see if there is good defense attorney in her community whose retained services she can afford. She will not know until she asks. If retained counsel is in fact out of the question, she should ask the judge to appoint the public defender to be her lawyer.


Jail. She will get a public defender if she says in jail during case.



How much jail time?


As you may correctly infer, the case requires a professional criminal defense attorney, either a court appointed Public Defender, if indigent, or a reputable criminal defense counsel in private practice. Guessing the worst case scenario without the above is an idle exercise in futility.

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Worst case? Prison. As an inmate, she will have access to a public defender and ought to qualify for one.

Wish her well.

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.


I would need to review your sister's police reports, learn more about any defenses that she may have, as well as whether she already has any criminal convictions in her background before I could predict the outcome of your sister's case. If she hit another person with her car, as the charges you list seem to suggest, that charge would normally be an Aggravated Battery. The class of the charge can vary depending on the age of the victim, the injuries sustained, or if an additional weapon other than the car was used. Aggravated battery ranges from a Class 3 to a Class X felony, which translates to between 3 - 45 years in prison (depending on the class of the charge). If your sister's charge did not involve a gun or great bodily harm to a child or mentally retarded person, she may be eligible for probation. There are so many possible factors that would change the outcome that I suggest your family contact an experienced attorney once you are more familiar with the facts of the case. In answer to your question, "What would happen if she was bailed out?": She would be required to attend each and every court date or she would lose her bond money and her bail would be revoked, meaning she would be required to remain in jail until her case is completed. Otherwise, she would make all decisions and continue to attend court in the same manner that she would if she was still in custody.