Legal Question in Criminal Law in Illinois
Help
My boyfriend on a felony probation he has been arrested for aggravated batter, dui, no insurance, no registration and mob action. Is there anyway we can fight this without him getting sent to prison.
4 Answers from Attorneys
Re: Help
I would agree with the previous two responses. First and foremost - get an experienced criminal defense attorney! The way the case is handled by the State will vary greatly depending upon your location and the exact facts underlying the case. My guess, without knowing more, would be that they will almost certainly revoke his current probation (if they have not already), and he will go on trial for the remaining offenses, and be subject to whatever the original sentence on his original felony charge would have been. However, an experienced attorney may be able to work some sort of plea agreement out with the State to, at least, minimize any time that he may have to serve.
Re: Help
The state may bring multiple charges against your boyfriend. Among the charges you mentioned, they likely will revoke his probation.
He should definitely work with an attorney, whether it is a public defender or a private attorney.
Your boyfriend will have some choices to make.
If the evidence in his case reveals legal issues indicating that he has a chance of a not-guilty verdict at trial, the best bet is to go to trial.
If, however, the evidence is strong against your boyfriend and police procedure was legal, it is (as the other answer suggested) best for his attorney to work out a plea negotiation on his behalf.
This is best handled by an attorney because the attorney will first review the evidence and give a recommendation (to go to trial or not). Then, his attorney will either prepare for trial or reach the best possible outcome in a plea negotiation.
For more information on the felony process, visit http://www.shestokas.com/Felony.html
Re: Help
Without knowing more about the facts it's difficult to tell you anything. Hire an experienced criminal defense lawyer.
Re: Help
You need a lawyer. If you cannot afford someone, make sure that he is in close contact with a public defender. There are a lot of charges here and I am a bit confused about how he got all of this while on probation... in any event, a good attorney will sort it all out.
Please feel free to give us a call.
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