Legal Question in Criminal Law in Illinois
Conviction 5yrs after arrest and the penalty changed...
I was arrested in 1996 and the conviction (felony) came in July 2001. The PENALTY for the violation of the law changed drastically from 1996 to 2001. The law was in place in 1996, but like I said, the penalty changed a LOT from the time of the arrest to the time of the conviction.
I was told by my attorney at the plea hearing that the penalty was one thing (basically, the way the law was in 1996) but the court and probation, etc., are telling me the penalty is what it is when I was convicted. If I knew that, I would have never taken the plea and would have taken my chance in a trial.
What does the law say about this? Is the United States Federal law and the Illinois State law at odds here? Please advise.
2 Answers from Attorneys
Re: Conviction 5yrs after arrest and the penalty changed...
Agreeing with the prior answer, it does seem as if you may have violated probation or something similar. There is no standard law across the board - each law may be different.
Re: Conviction 5yrs after arrest and the penalty changed...
It sounds to me as if you were not sentenced back in 1996. Perhaps you were placed on probation and only wound up being sentenced in 2001 after failing to complete your probation. In any event, I would need to know all of the facts concerning your particular case and then perhaps conduct a little legal research in order to provide a competent response to your questions. I would require a modest retainer fee to cover my time in interviewing you, reviewing the record, and doing the research. If you would like to call me for a free telephone consultation at which time we could discuss these matters, you may call me at 314-727-2822.
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