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Cedric
Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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my son was arrested today for burlarly he drove someone to

Resolved Question:

my son was arrested today for burlarly he drove someone to a place that the rider used to work at and he used his keys to go in and take money for the store my son didnt go in or on the property but also drove him home he talked to the police and made a statement and told the truth my son has a pending charge of domestic battery on him where he and his girlfriend had a altercation and also one charge where he has a joint on his person paid a fine and was put on supervision which is not up until sept 2010 the detectives told him when he made the statement they put in a good word for him being truthful he has a misdermenor and now a felony 2
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Cedric replied 6 years ago.
What's your question regarding your son?
Customer: replied 6 years ago.
we live in Illinois and with the new charge of burlarly on him as of today and the charge pending on him for domestic battery which he goes to court on thursday and the misdemeaner for the joint which he is still on supervision until sept 2010 how much trouble is he in I have not bail him out because I think he needs to sit and reflect on what he is doing to himself at the age of 20 for foolishness his bond is 15000.00 which is only 1500.00 to get him out but i am staying strong to try to help and do what is in his best interest hopefully he will see this but what could he be looking at best and worst case
Expert:  Cedric replied 6 years ago.

His bond being only $15,000 is definitely a good sign, since it means that the police are actually (seemingly) keeping their word, since normally bail on a felony 2 would be around $25,000 at least.

 

Being on probation for the joint is really not a worry, he won't receive any additional time for that, since the the felony 2 is a much bigger deal. Technically, he could get 3 to 10 years for 2nd degree burglary, but due to his lack of criminal history, his age, and the police actually rewarding him for his honesty, I would think he'd get 3 at most, which could be 1 1/2.

 

Unless you think he has a chance at innocence too, it does make sense to keep him locked up to reflect on his misdeeds, and just because if he's going to have to go to jail anyway, he's getting credits against that time, so it's less time he'd have to spend in the future.

 

Hopefully though with his situation, the D.A. or judge could use his/her discretion to give him 4 years of probation as an alternative to jail.

 

Since:

 

Under Illinois law, Burglary is considered a Class 2 crime which is punishable from 3 to 7 years in jail. However, as an alternative to jail, up to 4 years of probation may be available if the defendant has not been convicted of a class 2 felony or greater within the previous 10 years.

 

Since your son hasn't been convicted of a felony ever (let alone the last ten years, he should hopefully be granted a light county sentence, maybe even credit for time served--and the probation, which should hopefully keep him on the straight and narrow from now on).

 

 

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