Legal Question in Criminal Law in Illinois

Re: Class II felony

Hello. First of all, your son needs a lawyer.

In terms of the charge, apparently the items from

the store are valued at less than $300, therefore

taking them from the store amounted to a misdemeanor. However, auto burglary is a felony

and that is why the range of the charge is as it

is. This charge is serious and to begin the

process a lawyer reprenting your son needs to

file a Motion To Quash the Arrest and a Motion To

Supress Evidence. A Motion To Quash argues in

writing that an arrest should be "Quashed" or

cancelled because the police had no "probable

cause" to believe that the person accused had

committed a crime, before searching the person,

etc. A motion to suppress is a written request

that the Court suppress (keep out) any and all

evidence obtained by arresting officers because

the search of the person was unlawful and without

justification. Also this motion argues that

certain statements that the accused made to police be suppressed because the accused person

was not read his Miranda rights by the police,

was intimidated into answering questions and/or

did not have the benefit of having an attorney

present. As you can see this is quite a process,

but this is very necessary to properly defend

your son. I will be happy to discuss this with

you further. Without a trial and with a plea of guilty the State's Attorney will offer probation to your son in my opinion, but this will remain on his record and will adversely affect his ability to work. I suggests doing the prelim-inary motions. If one of the motions is success-

ful, the chances are good that the case may be

dismissed. If not, then it will be necessary for a trial, or at that point the State's

Attorney may be willing to lower the charges

to misdemeanors. Again, I will be happy to

discuss this with you further.

Re: Class II felony

Your son is charged with BURGLARY from an auto. That's why its a class 2 felony. Please call for a free consultation.