Legal Question in Traffic Law in Illinois

My son is 17 and has a court case for a misdemeanor (driving without a valid license). At his last hearing I talked to the asst. states atty and told her we declined her offer.... she said she would look at the file and have another hearing. After I hung up, she told my 17 year old son (me being his parent and only legal guardian)that 1. He was not entitled to an attorney because they were not seeking jail time,(I am disabled and we cannot afford to pay one), and 2. That I would not be allowed to counsel him or be involved in a trial or funtion as his counsel. I don't belive this is correct. Isn't it true that besides the fact hes a minor and me his parent that people have the right to have representation of thier choice? I realize the name "attorney" does not apply, but believe he has the right to choose me to function in that capacity? (basically what she wants to do is leave him a 17 year old minor facing her in court)


Asked on 3/06/12, 3:11 pm

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

In Illinois, a 17 year old is tried as an adult. The State's Attorney is right. You are not a licensed attorney, and you have no right to represent anyone in court. As a matter of fact, should you do so, you'd be committing a felony. She's also right in that your son is not entitled to a free attorney since she is not seeking jail time. Only those in jeapordy of going to jail are entitled to a free attorney if they cannot afford one. Sorry, but you're wrong on all counts.

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Answered on 3/06/12, 4:50 pm


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