Legal Question in Criminal Law in Illinois
Past records
I recently went to court on a class c misdimener 2.5 grams canibas 1st offence. I am representing my self consequently the DA gave me terrible plea bargain no court supervision like most others before me got.He makes his bargain based on an offense 23 years ago against me non related to drug charges, is this legal?
2 Answers from Attorneys
Re: Past records
The State's Attorney can take any position he wishes on an offer that is supported by a legal sentence for the alleged offense. You are in no doubt in need of a "402" conference which is a conference with the judge pursuant to Supreme Court Rule 402. It sounds as though you are a good candidate for supervision and a judicial conference may have that result, although it is likely to go smoother if you have an attorney.
Re: Past records
The prosecutor does not have to offer you any plea bargain at all. Why are you representing yourself? If you can afford an attorney, hire one. If not, apply for a public defender. An attorney should be able to help you on this. Good luck.
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