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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My soon to be ex-wife was found guilty last week of 2 counts

Customer Question

My soon to be ex-wife was found guilty last week of 2 counts of child endangerment, 2 counts of reckless conduct and 1 count of disorderly conduct. These are crimes that she committed over 13 months ago and with her abusing the court process with a jury to bench trial and firing two attorneys she finally was found guilty last week. We are in a custody battle and currently my two sons live in the home with her. She should be out of the home and they should be in my custody since she was found guilty. My question, even though she has no criminal history, she will get jail time for these 5 misdemeanors especially for the child endangerment charges. Is this correct? She had my son and one of his friends in her car and she tried to run down/wreck one of my employees in another car at over 70 mphs.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Roger replied 3 years ago.
Hi - my name is Kirk and I'm a Criminal Law litigation attorney. Thanks for your question.

Under Illinois law, there's no mandatory jail sentence for any misdemeanor offense, but each charge can carry from 30 days up to 1 year in jail. With 5 misdemeanor convictions, the judge is certainly likely to order her to serve some length if time in jail - even if its only a few months or so.

However, this is discretionary for the judge and he/she could let the mother off with just probation - - but the child endangerment charge, along with the other convictions, should warrant some jail time.

I hope this answers your question, but if you have others, please reply and I'll be glad to respond.