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Michael Bradley
Michael Bradley,
Category: Legal
Satisfied Customers: 1067
Experience:  Owner at The Protection Group LLC
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If you've had a 402 conference with your probation officer

Customer Question

If you've had a 402 conference with your probation officer and she 's advised you to take it,and you unknowing of how it works, can you ask her too motion up instead and get the charges brought up before you go too court before the judge?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: In Illinois
JA: Has anything been filed or reported?
Customer: Not from my Knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, what is motion up, wghat does it mean/?
Submitted: 4 months ago.
Category: Legal
Expert:  Michael Bradley replied 4 months ago.

Supreme Court Rule 402. It is a conference between the prosecutor, the defense attorney, and the judge. It is a settlement conference of sorts. The judge learns facts about the case and the defendant that he/she wouldn't ordinarily hear except at a trial. After listening to the facts and the aggravating and mitigating circumstances, the judge says what he/she would sentence the defendant to if he pleaded guilty. The defendant may still reject the offer by the judge and go to trial.

Expert:  Michael Bradley replied 4 months ago.

As you can see, the conference is one between all of the parties involved in your case except you. At that point everyone kind of puts her cards on the table and the judge gives everyone an idea of how they see the case resolving. You do not have to accept it. I am assuming that you have an attorney. I would certainly have a conversation with your attorney to find out what happened and what your options are.