Legal Question in Criminal Law in Illinois

trumped up charges by the family from hell

My Dad passed away in Sept.(I'm the executor)and due to hard feelings on the part of a couple of siblings that thought THEYshould be executor,my brother hit me at the wake(the only people present at the time were siblings and their offspring).I was alone at the wake-my husband was at my Dad's with a locksmith, because three of the siblings were at my Dad's 2 days in a row ransacking the house.Anyway, my brother tried everything in his power to provoke me-he finally came up to me and head-butted me;I pushed his head away and he punched me in the face.I left the room to call the police.By the time the police arrived, my 2 sisters and my brother(that hit me)had concocted a story about I hit HIM-and the police believed the 3 of them,and I was arrested for domestic battery and taken to jail for an overnight stay,causing me to miss my Dad's wake and funeral.My Dad was handicapped for the last 5 years,and I had been his caregiver.I am 56 yrs. old, and had NEVER been arrested,or even been inside a jail to visit anyone.After seven months,it finally came to trial and I was found ''guilty'', because 2 of the 3 got up and told those ridiculous lies on the stand.(one sister dropped out as a witness) I want to appeal,what's my chances of success?


Asked on 4/25/04, 9:12 am

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: trumped up charges by the family from hell

Your prospects for appeal depend upon many things. Some of these are technical, you need to do something about the case within thirty days of the judgment. The first thing is to ask the trial judge to reconsider his decision. This stays the time for filing an appeal and let's the original judge change his mind. It also raises and preserves the issues for appeal. To give you an opinion regarding your prospects, I need to see a transcript of the trial. If you wish to discuss the matter further, then you can call, 630-257-8280.

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Answered on 4/26/04, 8:35 am


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