Legal Question in Criminal Law in California

I have a criminal drug case in ca. will the court take into considration that my moms health is declining and her and my father need me to return to illinois to be their caretaker. My brother was caretaker but passed away suddenly this passed year. Can a request that my case move there, or do whatever sentenced proposed there?


Asked on 2/09/12, 12:24 am

6 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

Your case cannot be moved to Illinois.

You are not clear as to what you mena by "will the court take into consideration"? In what way? let you go? NO.

Reduce your sentence? NO.

Let you mail fine payments from Illinois? Sure.

Do jail in Ill? No.

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Answered on 2/09/12, 10:02 am
Glen Fleetwood Mister DUI-800-468-2-502

Your case cannot be moved to Illinois.

You are not clear as to what you mean by "will the court take into consideration"? In what way? let you go? NO.

Reduce your sentence? NO.

Let you mail fine payments from Illinois? Sure.

Do jail in Ill? No.

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Answered on 2/09/12, 10:03 am
Terry A. Nelson Nelson & Lawless

Cases don't get moved, and sentences are served where the court is.

The proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 2/09/12, 11:12 am
Edward Hoffman Law Offices of Edward A. Hoffman

As Mr. Fleetwood and Mr. Nelson have noted, your case will be handled in the California court where it was filed. If you are sentenced to jail or prison, you will serve your time in California as well.

I empathize with your family situation, but it is not unique. Many criminal defendants have families to take care of them, including young children and/or elderly or disabled adults. They are not entitled to special treatment as a result.

Besides, Illinois has no interest in using its taxpayers' money to prosecute you for a California crime or to incarcerate you for a California conviction. Additionally, Illinois courts and prosecutors are unfamiliar with California law.

Moving your trial would also involve bringing witnesses and records from California to Illinois. That would cost a lot of money. Presumably you can't afford to pay it, and neither California nor Illinois would have any reason to do so. Even if somebody would foot the bill, the inconvenience to the witnesses would be hard to justify.

I'm sorry I can't be more encouraging.

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Answered on 2/09/12, 12:00 pm
Andrew Roberts Roberts Law Group

Unfortunately you are stuck dealing with this in CA. You might be able to complete or attend probation in Illinois. You need an attorney to deal with the CA drug charge. You may be eligible for diversion.

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Answered on 2/09/12, 1:24 pm
Brian McGinity McGinity Law Office

California cases are handled in California. So the quick and easy answer to your question regarding moving the case is: No, a California case can not be moved to Illinois. Mr. Nelson, answered your question very well. He is absolutely right and the points he raised are well taken.

In drug related cases a lot of factors are taken into consideration when it comes to the manner in which a case is handled. However, your question doesn't contain any facts about the actual events that lead up to you facing drug charges. It also doesn't contain any information regarding the specific charges you are facing. So it is impossible to give you any idea of your options. You may be eligible for some programs you have not considered or that you do not know about. It really depends on the facts surrounding your particular case. I suggest you consider contacting an attorney to find out what options may be available to you. If you need assistance finding an attorney, you can call the county bar association where the case is located and ask for some names of criminal defense attorneys from that county's referral list. If you would like to ask some questions, feel free to call our office. Good luck.

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Answered on 2/09/12, 3:35 pm


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