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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114711
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Currently, I am facing 18 moths as a mandatory minimum while

Customer Question

Currently, I am facing 18 moths as a mandatory minimum for driving while revoked since 2004. I received this case getting pulled over in Illinois 2013 for speeding.In April of 2004 I was involved in an accident on I 94 in the south suburbs of Chicago and was also being treated with medications that are considered controlled substances.This was about the time that my body started shutting down due to a pituatery problem leaving me weak and sick to the point I could no longer play professional beach volleyball and soccer or trade at the CBOE. At the time of the incident I did not feel the least bit impaired and passed all the field sobriety test. After all the state troopers started congregating around my vehicle an officer saw a prescription bottle in my counsel which he entered my car without asking, but could be probable cause which it became due to the fact that it was morphine sulphate XR. I was under opiate therapy due to my bones suffering from osteoporosis and spinal stenosis and degenterative disk disease. At this time it was just written up as a routine DUI and since I have no experience in such matters and the state troopper offered me a ride home for giving up blood and urine I agreed. When the case finally came before a judge a sharp public defender saw multiple holes in the states case and I was found not guilty and the case was dismissed.Three months later I recieved a letter in the mail from Illinois as a grand jury indictment for the same case. The Fifth Amendment "nor shall any person shall be put in jeopardy of life or limb for the same offense.Even God does'nt judge twice for the same sin.I was being charged with a class 4 felony, being my first offense and was given a new court date. When I showed up for court the judge asked" has this man been arraigned yet". The prosecution replied no and that he has been on the run for the last month which I was on the right date and time. Before I could say one word the judge ordered" bond set at 100,000 and this individual is to be remanded till he places bond. I was down 13 months in cook county jail with no medical treatment which excelerated my condition and my family was from the old country and thought that if they paid the 10,000 for my release that they would never get it back. Also, since my family spoke polish and had no friends to ask advice they turned me down looking for an attorney do to being ignorant. So the initial deal was to plead guilty to the felony and do the three years. My drunk public defender broke it down for me stating that I would get day for day credit on top of good time if I keep my nose clean so I should be home in a little over a year. I snapped back and told him to go back to your liquid lunch because if he can break it down that good for me maybe he should take the deal. Once I was able to make some moves inside I found out that what the prosecution did was elevate the charges to aggravated DUI.I still strongly believe this violates the 5th Amendment. Eventually well after the fact I learned in school that to make the case aggravated the victim or victims must incur some type of physical injury, and not just a scrape or abrasion but some type of laceration or contusion. Even a broken pinky finger would make this qualification but in no way did anybody get injured. Since their car was a roll over they were transported to the same hospital and I seen them signing out over an hour before the trooper drove me home in indiana. Also, the initial case that was brought before a judge within a month and the couple were quite healthy. After refusing to cop out to 3 years on the 13th month the judge offered me a year sentence in which I was informed that I should be home tomarrow for breakfast, yea right. I was transported to Joliet where I should have been turned around as I was told only to stay there the next week before being transported to Galesburg penatentury to serve out the rest of my 61 day sentence. Once I was released I was granted my disability status due to my condition. I in no way was looking for a free lunch, I was looking for the best healthcare that is available to a person who has been infirmed. Also, I was able to be reinstated into Purdue to complete my degree in Psychology;Philosophy; and minor in political science. I would have completed all my declared majors, minor , and also licensed in drug and alcohol and mental health treatment.Obviously I was only able to finish my bachelors in Psychology and Philosophy with my main focus to be " professional ethics. I am still dirt poor so I tried my luck with douglas counties public defenders and this is even worse but my space is limited unless we can chat longer. Please consider my path to this point and then I can give you even juicier details. My objective is to continue the case with an attorney of my choice.I also have questions about attorney malpractice.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The 5th Amendment double jeopardy clause does not prevent a person from being charged with a different offense after arrest. It prevents someone from going through and being tried twice on the same charge. So if you were not tried on the charge before the grand jury indictment came in, it is not an implication of the 5th Amendment.
It could be a case of ineffective assistance of counsel, since many times the public defenders are trying to push cases not represent any clients effectively.
If you did not appeal your sentence at the time and you plead guilty, legally there is no process now to change that. If you want to claim legal malpractice, you could try that type of suit, but the statute of limitations for suing for legal malpractice is 2 years from the date of the attorney's negligent act.
Unfortunately, we cannot represent you or anyone through this site, it is forbidden by state law and if you are seeking legal representation you would need a local attorney which you could find at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
You need a legal malpractice or possibly a local civil rights attorney who could possibly assist you locally.