Legal Question in Appeals and Writs in Illinois

Appeal advice

As a result of a retail theft case 3 years back I was given a chance of court supervision with community service to keep it off my record. 2 weeks ago I finished what I thought was the last of my comm. service (I was informed by my comm. service coordinator that is was 35 hours) but the judge said he gave me 39 hours and on the computer systems at the court house it said I owed 74 hours. When I went to court to end my case the judge said I should of listened to him (even though my local court systems said I owed 35 hours) and the judge then cancelled my court supervision and convicted me on my case. I have 30 days to appeal what should I do? Should I let the case go and try to get it expunged/sealed?

Or should I find a lawyer and try to appeal the case. I was 4 hours short of my court ordered supervision because I was misinformed by my counties court system? I'm a full time student and worker and I have over 20K invested in college so far, what's the point of going to school with a theft conviction


Asked on 10/07/07, 8:59 pm

2 Answers from Attorneys
Noelle Ansley Noelle Ansley

Re: Appeal advice

Find an attorney who specializes in criminal law in your area. He or she should be able to help you out with this. It will be worth the cost expended if you have it taken care of properly.

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Answered on 10/07/07, 11:24 pm
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Appeal advice

Unless you have already filed one, file a motion for reconsideration and schedule its presentment to the court about two weeks later. The motion is due to be filed no later than the thirtieth day after your conviction. Then, before the presentment of the motion two weeks or so after you file it, FINISH YOUR FOUR HOURS OF COMMUNITY SERVICE AND GET WRITTEN PROOF OF THAT FACT. When you go to court, politely ask the judge to reconsider your conviction, and show him or her the proof that you completed the hours. Then politely explain to the judge that you misunderstood the exact number of hours ordered. This strategy will make it extremely difficult for the judge to deny your request, which is to reinstate your supervision and terminate it satisfactorily. Given your investment in college, I strongly recommend hiring a lawyer to execute this strategy, even if it is going to cost more than you are willing to pay. You cannot expunge a conviction. You can appeal if the judge denies your motion. Call me if you want my help.

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Answered on 10/08/07, 9:53 am


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