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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 21283
Experience:  13 years practicing criminal defense.
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my girlfriends son entered my house verbally cursed me out

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my girlfriends son entered my house verbally cursed me out threatened to whip my a_ _ i asked him to leave and come back with a different attitude. his mom ask him to leave. she lives with me. he wouldnt. after saying alot of words and getting in my face. pushing his mom out of the way. he tried to take my phone. well he finally left but was waiting outside the door listening. i told his mom if she wants to leave then thats ok. he rushed back in yealling you dont talk to my mom that way ill whip your a_ _ he ndged the heater it fell over. then i yelled hey he looked at the heater then kicked it then broke it. then he swung at me then stopped in front of my face. i told him go ahead see what happens. and again to leave. he went in front of the judge and pleaded not guilty. what do you thinkn is going to happen to him on a bench trial. evidently i threw away his one hitter and residue and wanted 9.50 of my money not hers she offered.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Barrister replied 4 years ago.

Hello,

 

I am assuming you filed criminal charges. What was he charged with? Assault, Battery, property damage, harassment?

 

Do you know if he has any prior criminal convictions?

 

Have you asked for a restraining order?

 

Does he live with you as well?

 

How old is he?

 

Thanks.

Matt

 

 

Customer: replied 4 years ago.

he is 18 and dont live with me no priors just traffic tickets. had a order but for his mom sake i dropped. criminal charges were filed.

Customer: replied 4 years ago.
his one hitter was thrown away in his moms apt and she was told twice and didnt say anything and i didnt knwo it was his anyway. she was heavily into weed but i got hr to quit
Customer: replied 4 years ago.

it seemed like this was premeditated on coming over to my haouse and starting his actions.

Customer: replied 4 years ago.

but the one hitter was thrown away weeks before also

 

 

Customer: replied 4 years ago.

the officer will be summoned also. he saw the heater. went and cited him that night. i think the boy is going to try and say the dogs knocked the heater over. but you need alot of force to break the ceramic tubes

Customer: replied 4 years ago.
the boy nudged the heater then intentionally kicked it and broke it.m
Customer: replied 4 years ago.
1st time was accident second time not.
Customer: replied 4 years ago.
what do you think is going to happen on a bench trial to him.
Customer: replied 4 years ago.
the dogs were not around they go hide if there is yelling.
Customer: replied 4 years ago.
his mom lied to the police and said the dogs did it. the police officer called me back and ask me if they did and i said no. so he proceeded to cite him. now she is saying she dont know what happened
Customer: replied 4 years ago.
he just doesnt want to pay the fine . his mom said she will and he dont want a record he said so thats why he is pleaing not guilty
Customer: replied 4 years ago.

his mom cant lie but you know people do in court. he will not have a lawyer he is representing hsself i think that what his mom said. might be lying

 

Customer: replied 4 years ago.

i told him also i wasnt paying the money was i gave him 20 dollars to do something for me and he didnt. he replied that was a long time ago

 

Customer: replied 4 years ago.

is htere anything else u need to know. i talked to the city paralegal and she said thats sounds convincing which was the truth, i will get the court date on april 14th time i dont know yet

 

Expert:  Barrister replied 4 years ago.

He was likely charged with harassment and damage to property. Without knowing exactly what he was charged with, I can only tell you what has happened in similar cases that I have defended when I was a public defender.

 

If he is found guilty, he will likely receive a suspended sentence, maybe 30 days in jail that is conditioned on him attending anger management classes and paying you restitution for any damages he has caused in addition to remaining drug free. If he doesn't complete the classes or pay the restitution or fails a drug test, the probation officer will charge him with a probation violation and the judge will revoke his probation and send him to jail.

 

If you want the restraining order reinstated, you can notify the prosecutor that you want a no-contact order issued against him as well. This would prevent him from having any contact with you at all and he can be arrested and jailed if he violated the order.

 

There is no guarantee, but in the hundreds of similar cases I have defended, this is about the normal outcome for someone with no prior criminal convictions.

 

Thanks.

Matt

 

 

Customer: replied 4 years ago.
he was cited criminal property damage
Customer: replied 4 years ago.

so what u said is most likely to happen in illinois

Customer: replied 4 years ago.
why would there br no guarantee since he broke the heater
Customer: replied 4 years ago.
it wasnt his house and didnt live here
Customer: replied 4 years ago.
there has to be laws to keep people from coming into a house breaking things and threatening
Customer: replied 4 years ago.
hello u there
Expert:  Barrister replied 4 years ago.

Yes, this would be my estimation of what would he would receive as a penalty in Illinois.

 

There is no guarantee because you never know for sure what a judge will impose as a sentence with the only other eyewitness (mother) being reluctant to testify against her son. The police officer will be able to testify as to what he saw as the aftermath, but it was all over by the time he got there so he can't testify as to what happened because he didn't see it while it was occurring.

 

If you want to file additional charges, you would need to contact the prosecutor to add charges like harassment and trespassing.

 

Thanks.

Matt

 

 

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 21283
Experience: 13 years practicing criminal defense.
Barrister and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

ok thanks alot.

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