Legal Question in Criminal Law in Illinois

Status hearing

The person I am asking about was sentenced 4 years ago to 8 years in prison. The anticipated outdate was calculated at 50%, but DOC changed the date to 85% a few weeks before his release. The judge, state's attorney, and lawyer agree now that they all though it would be 50%. The lawyer filed a motion to get the plea agreement, and they have scheduled a status hearing? What could happen at this hearing? They are all in agreement on this issue, so could it be settled that day?


Asked on 6/26/08, 7:22 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Status hearing

Certain types of crimes in Illinois are 50% when there is no injury and 85% when there is injury. Sometimes the Dept. of Corrections assumes there was injury unless the judge makes a specific finding that there was no injury. That sounds like the situation here. If the judge enters such a finding, then the issue can be addressed in one day.

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Answered on 6/27/08, 6:32 am


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