Legal Question in Criminal Law in Illinois

Illinois Truth in Sentencing

Long story short..he was convicted and sentenced to 8 years for Agg. DUI, which requires him to serve 85%. He has served almost 50%, and his out date has always been calculated at 50%. We just found out the prison caught the error, and changed the out date to 85%. The judge admitted to the lawyer last week that he intended him to serve 50% and that he did not know the crime was under this rule. Now he wants the lawyer to file a motion to change the sentence. Shouldn't judge take care of everything or just release him since he already admitted this was his mistake? I don't think we should have to go to court just because the judge didn't know the law.


Asked on 6/12/08, 2:15 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Illinois Truth in Sentencing

Unfortunately, the court has already lost jurisdiction to do what he said he would do. He lost jurisdiction 30 days after the person was sentenced. He's asking the lawyer to file a petition so that he may have a sound legal reason to make the adjustment. That reason may be to correct the mittimus to reflect the true intent at sentencing. However, if the law was 85% at the time of sentencing, the judge has no authority to change it to 50%. Good luck.

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Answered on 6/12/08, 2:31 pm


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