Legal Question in Criminal Law in Illinois

giving states evidence

My fiancee has been in the county jail for 6 months. He was charged with home envasion and aggravated battery. He has served time for drug charge 12 years ago and has had 2 DUIs in different states. He agreed to testify on several crimes for reduced sentence. He was offered 61 days in DOC and given credit for time served and to leave state with no return. He aggreed but at the time did not have an attorney. He received a court appointed lawyer who had been the assistant states attorney in an old case in 96 which my fiancee had won. The attorney said their was no hard feelings but as soon as his took this case, the deal offered up originally was changed to 4 yrs. .

Thank you


Asked on 3/01/05, 4:42 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: giving states evidence

That first offer sounds a little strange in that there can be court orders to not leave the state, but there cannot be a court order that says you must leave the state. Regarding the new representation, it sounds as though there may be a conflict of interest, and if your boyfriend is not comfortable with someone who prosecuted him, he should bring it up first to the lawyer, and then to the judge.

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Answered on 3/02/05, 6:48 pm


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