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Category: Criminal Law
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Experience:  licensed attorney in Texas for 29 years
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I the defndant is in custody, and has been since requestin

Customer Question

I the defndant is in custody, and has been since requestin a motion for discovery, and schedual for 16 june 2010, how advance notice should he receive prior to a new date moved to 11 june 2010, I hear it sholud be at least 2 days, I submitted a plea bargain as pro-se, so i could get out and regain my health, and prepair my case, i was under duress when I went their for that hearing
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question.You can always file a motion to modify here again if you want to modify custody and seek a different outcome.You may well have a change of circumstances that warrants a different outcome here.You can always seek change here .
Customer: replied 4 years ago.

 

•1. I Roy-Glenn: Thomas states on oath under penalty of perjury, On or about there soon after 02 June 2010 , I did receive a package from the Dekalb County Assistant States Attorney, Which contained a lot of obtuse and confusing paper work that was made up to intimidate this Living Soul who Had been held in custody from 14 April, 2010 till 02 June 2010 where he had to make a plea to get out and save his life that was getting worse as the days went on ( Roy has cancer of the liver, Hepatitis C and heart fibulation which he sees the Veterans Doctors , after the crime of aggravated Kidnaping was performed on him by and through a conspiracy that was committed on same on or about 14 April, 2010, by CASTLE BANK OF SYCAMORE, ILLINOIS, by and through one employee for BRIAN BEMIS WORLD AUTO D/B/A MICHELLE FENWICK, by and through the corporation D/B/A BRIAN BEMIS WORLD AUTO (CHAD BEMIS), by and through a person D/B/A/DETECTIVE DAN HOFFMAN OF SYCAMORE POLICE DEPARTMENT Sycamore, Illinois, by and through a Assistant States Attorney YEDINAK, by and through a corporation D/B/A THE CIRCUIT COURT FOR THE 16TH JUDICIAL CIRCUIT DEKALB COUNTY ILLINOIS, by and through the circuit court judge D/B/A/ ROBBIN J STUCKERT

 

 

•2. The Plea offer that was presented along with the package aforementioned , which stated the following offer that this man who was not guilty of any crime to admit to if he wanted to regain his freedom:

Dear Mr. Thomas

Enclosed you find a discovery disclosure with attached documents and a Motion for Disclosure to the Prosecution. In addition because you are representing yourself, I am also including an offer to negotiate your case. Keep in mind, should you choose to accept my offer, you would be released from the DeKalb County upon entry of the sentence and you would not be required to post any bond for your I have spoken to Lt Joyce Klein, head of the correction divisions and she indicated she would be amendable to coordinating a telephone conference from jail between yourself and our office.

This letter shall serve as express written evidence of any and all offers for a plea agreement between the DeKalb County State's Attorney and the above-named defendant regarding those cases listed above and specifically set forth below

•a. You would plead guilty to the offense of Forgery, a Class 3 Felony

•b. You would be placed on 30 month of probation and pay $25.00 per month in probation fees

•c. You would be required to follow all the rules of probation.

•d. You would pay $500.00 in fines and cost.

•e. You would pay a $200.00 DNA index fee and submit a buccal swab

•f. All remaining count would be dismissed

•g. You would be given credit for all days you have spent in pretrial custody

•h. You would be prohibited from having any contact with any Bemis car dealership

Upon entry of the plea and judgment of conviction, you would be released from custody further more; this letter revokes all prior offers for plea involving the above-named defendant and case. This offer will automatically terminate if not specifically accepted by 6/16/2010, please feel free to call if you have any questions or concerns

Sincerely

VICTOR ESCARCIDA DeKalb County Assistant States Attorney

•3. I Roy-Glenn: Thomas states on oath under penalty of perjury, as Pro-Se, submitted the following counter offer on or about 09 June 2010: This letter shall serve as written evidence of my counter offer for a plea agreement. This Dying Man who is in ill health and getting worse as the days progress, while held in custody at Dekalb County Jail, Makes this plea agreement between the Dekalb County States Attorney and the Living Man of flesh and blood, Roy-Glenn who holds the family name Thomas, for the above named defendant XXXXX XXXXX for those cases listed above and specially set forth below;

 

•a. I will plead guilty to the offense of Deceptive Practice as a Class A misdemeano, for his 1st offense

•b. I will pay a fine and cost of $150.00

•c. I will be placed on 6 month probation and pay $25.00 per month probation fees

•d. I will be required to follow all the rules of probation

•e. All remaining counts would be dismissed

•f. I will be given credit for all days spent in custody

•g. Upon entry of the plea and judgment of conviction, I will be released from custody

•h. This offer will automatically terminate if not specifically accepted by 06/16/2010

•4. I Roy-Glenn: Thomas states on oath under penalty of perjury, On or about 06/11/2010 Roy-Glenn Was taken to the Dekalb County Court House with no advance notice, against his will under duress 5 days prior to his scheduled court date that was for 06/16/2010, another crime of aggravated Kidnaping by the DEKALB COUNTY SHERIFF, So as to have the States Attorney and the judicial system for the 16th Judicial circuit further their intimidation of this ill man in handcuffs, so Roy-Glenn had to play hard ball and make some sort of plea to get out of custody to properly prepare his case that he was attempting with very much difficulty , while incarcerated. Against his will with no tools to work with except a 2000 series ILCS a pen paper and a loving brother able to type some of his hand written documents up from , and this is what he was released on and wish to appeal

•a. I would plead guilty to the offense of Deceptive Practice, a Class 4 Felony

•b. I would be placed on 24 month of probation and pay $. 00 per month in probation fees

•c. I would be required to follow all the rules of probation.

•d. I would pay 0 0 in fines and cost.

•e. I would pay a $200.00 DNA index fee and submit a buccal swab

•f. All remaining count would be dismissed both class 3 forgery

I would be given credit for all days you have spent in pretrial custody 57 days

Expert:  RayAnswers replied 4 years ago.
This seesm to be an accurate version of what happened to you and presents your case here to the courts.You would file it and see if the judge agrees here.
Customer: replied 4 years ago.

I am attempting to get the transcrip of the minutes for 11 June, 2010, I asked for a copy and was given the one for 15 april 2010, in a crimminal case do they always record the minutes

 

Expert:  RayAnswers replied 4 years ago.
The judge's court reporter would have made record here.The failure to do so might be grounds itself for new trial or reversal on appeal.
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29407
Experience: licensed attorney in Texas for 29 years
RayAnswers and 9 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks!
Expert:  RayAnswers replied 4 years ago.
Thank you for the chat.
Customer: replied 4 years ago.

what would be the ILCS or federal law that would state that

 

Expert:  RayAnswers replied 4 years ago.

Rule 471. Transcripts for Poor Persons Bringing Post-Conviction Proceedings

If a petition filed under the provisions of article 122 of the Code of Criminal Procedure of 1963, dealing with post-conviction hearings, alleges that the petitioner is unable to pay the costs of the proceeding, the trial court may order that the petitioner be permitted to proceed as a poor person and order a transcript of the proceedings resulting in the conviction delivered to petitioner in accordance with paragraph (b) of Rule 607.

 

Case here

http://supreme.justia.com/us/351/12/case.html



Edited by RayAnswers on 7/2/2010 at 11:57 AM EST
Customer: replied 4 years ago.
I contacted the reporter and she said it would take at least a week after advance payment for the report of the proceedings, I wonder if they had or are they going to make one up from scratch
Expert:  RayAnswers replied 4 years ago.
They have a lot of records here, lots of pleas.They can't make this up trust me.They have to transcribe it and they swear to it for accuracy.See if they can come up with it and go from there.

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