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I'm not really sure the officer said he had to go to court because he was under 18.
Hi Sandy,If he is a 17 year old in Illinois, the matter is a juvenile offense. Once he turns 18, he would go to adult court. If he has to appear in juvenile court, they do not have jurisdiction over this matter because he is too old for it. The judge will move this to adult court.One way or the other, an offense like this is not likely to ruin his whole life. Here is the statute under which he was charged. It is a Class C misdemeanor, which does have the potential to give him a criminal record. In Illinois it carries a maximum possible penalty of 30 days, but the odds of his having to serve an incarcertory sentence are nil. Additionally, assuming the matter can't be dismissed outright or reduced to a violation, it would be entirely possible and appropriate for him to be offered a disposition that would get this matter dismissed at the close of a brief period of supervision and some fines and community service. In that way he need not carry a conviction on his record for the rest of his life. He may also be able to get it expunged down the road so that even the dismissal can't be found. Arrests are a matter of public record. Some community papers publish who the police arrest, so yes, they can do that. The fact is, he's not 17 but 18 and he lied to the police which actually can be prosecuted as a separate crime. So you can talk to your son's lawyer about that, but my instinct is that you should leave that alone.You should see to it that he has a lawyer. He's at a sensitive age and if there's any chance of his coming out of this squeaky clean, it will be with a lawyer.
He didn't lie to the police he gave them his drivers licence and he was 17 at the time. He just had his Birthday and now is 18 and his court date is in a couple of weeks! So you recommend we get a lawyer and my question I guess is that is the sentence at the time of court appearance or the day of the crime? And do we have any defense that there were no signs and he was just suppose to know not to cross there?
Thanks for information and advice!
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