Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I the defndant is in custody, and has been since requestin

a motion for discovery, and...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 11 hours by:
7/1/2010
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 44,580
Experience: licensed attorney in criminjal law for 30 years
Verified
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 .
Ask Your Own Criminal Law Question
Customer reply replied 7 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

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.
Ask Your Own Criminal Law Question
Customer reply replied 7 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

 

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
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 44,580
Experience: licensed attorney in criminjal law for 30 years
Verified
RayAnswers and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
Thanks!
Thank you for the chat.
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

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

 

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
Ask Your Own Criminal Law Question
Customer reply replied 7 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
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.
Ask Your Own Criminal Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 44,580
44,580 Satisfied Customers
Experience: licensed attorney in criminjal law for 30 years

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
RayAnswers
RayAnswers
Lawyer
44,580 satisfied customers
I am possibly going to be falsely charged with conspiracy to
I am possibly going to be falsely charged with conspiracy to commit armed robbery. I was a victim in the car when the person that did commit this crime unexpecedledy jumped in the back seat of my car … read more
Michael J. Ocampo
Michael J. Ocampo
Principal Criminal Defense Attorney
Doctoral Degree
0 satisfied customers
In 2011 I plead Guility in Federal Court to Conspiracy, I
In 2011 I plead Guility in Federal Court to Conspiracy, I was a member of the Louisiana Dept of Wildlife and Fisheries Commission, since then the Gov of VA conviction for "Honest Services" was Thrown … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
RayAnswers
RayAnswers
Lawyer
44,580 satisfied customers
If you have a felony for conspiracy to manufacture can you
if you have a felony for conspiracy to manufacture can you get it off your record so you would be able to travel to other countries … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
RayAnswers
RayAnswers
Lawyer
44,580 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
Looking for attorney to assist us in witting up conspiracy
looking for attorney to assist us in witting up conspiracy to defraud court, this will be to the appellate justices.… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x