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AuuW Arguements


bjm

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I would try to get an appointment with the State's Attorney to discuss it well before court; then you you will have some idea of what you are up against as far as whether or not he will be opposing your motion. Also, the State's Attorney will have a lot more time (and therefore be more willing) to listen to what you have to say at an office appointment than a busy court day.

 

Oh ok, thanks. I didn't know I could do that

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I would try to get an appointment with the State's Attorney to discuss it well before court; then you you will have some idea of what you are up against as far as whether or not he will be opposing your motion. Also, the State's Attorney will have a lot more time (and therefore be more willing) to listen to what you have to say at an office appointment than a busy court day.

 

Oh ok, thanks. I didn't know I could do that

If you do this DO NOT give up any information. The SA will be trying to make you say something they can use.

Go in there with a list of your own questions. Do not answer anything else.

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I would try to get an appointment with the State's Attorney to discuss it well before court; then you you will have some idea of what you are up against as far as whether or not he will be opposing your motion. Also, the State's Attorney will have a lot more time (and therefore be more willing) to listen to what you have to say at an office appointment than a busy court day.

 

Oh ok, thanks. I didn't know I could do that

If you do this DO NOT give up any information. The SA will be trying to make you say something they can use.

Go in there with a list of your own questions. Do not answer anything else.

 

Ok, but what type of information could they use against not granting my motion? April is so far away I just want to know if they're leaning towards granting it or not, so i can remove some of this weight off of my shoulders and not stress about it. The crazy thing about this whole situation was that they were going to drop the charges against me before I was ever convicted once they heard the story and knowing i had no prior background whatsoever. The SA had to get it approved by the DA I believe. They said everything should go through and I wouldn't have any problems but, here's were my luck dropped. This was when all the judges had their every 6 month or year meeting so the judge wasn't there on my court day and so I had to come back for another court date. On my next court date the DA's changed for the courthouse where my case was held and the NEW DA (I don't know if it's alright to name names here) would not budge on the charge at all. He stated that he's an elected official and basically letting me off the hook would look bad for him.... And now I'm a felon....

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I would try to get an appointment with the State's Attorney to discuss it well before court; then you you will have some idea of what you are up against as far as whether or not he will be opposing your motion. Also, the State's Attorney will have a lot more time (and therefore be more willing) to listen to what you have to say at an office appointment than a busy court day.

 

 

DO NOT do this. First off, the state'a attorney will likely not be willing to talk to you outside of the quick offering of a deal in the hallway or gallery of the courtroom. Secondly, the state's attorney ain't your attorney, anything you do or say can be used against you. Do not try to talk to the state'a attorney yourself. I don't see any good coming from that. Let Todd help you. I know it's easier said by someone not in your shoes, but you need to slow down, get an attorney and let the attorney do what you're paying him to do.

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My comment assumed you had already been convicted, which it sounds like you have. At that point, the bad facts are already admitted so there is less to lose by talking to the State's Attorney.

 

All that being said, if Todd is working on it, give him time to work!

 

What county was the conviction? Is that the same county where you live?

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I also was convicted on AUUW charges in Cook county, after a traffic stop on 4/12/2012 ( wrong way on one way street, hey I was kind of lost ). I am and was an Indiana resident with a carry permit. Is there any word on perhaps a group discount to get this reduced to a misdemeanor and get my 2nd ammendment rights back??
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I was wrongfully convicted as a felon under UUW back in 1998, I took a plea deal for two years probation to stay out of jail. I had my sentence vacated to a misdemeanor in 2012 after I found out about people v Cervantes. I did my research about the case, made sure I qualified to have my sentenced vacated under the court ruling. I motioned the court to vacate sentence to misdemeanor (people v Cervantes). When I showed up for court the SA came over asked did I have anything pending in any criminal court, I wrote down my SS# so he could go verify that I didn't, when they verified I had nothing pending they called my name appointed me a public defender, my motion was read, then people v Cervantes decision was read, the judge asked the SA if their was any objections, the SA said no, my motion was granted, sentenced vacated to misdemeanor probation terminated satisfactory in 2000. The whole process took about two weeks from start to finish. I plan to motion the court again to vacated sentence and conviction (Moore V Madigan).
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I justwent through the same thing I was convicted of auuw in November of 2012 I should say I pled guilty.as soon as I heard about the Moore v Madigan decision I quickly hired a different attorney and he filed the motion to vacate conviction - and the judge denied it - I was on probation for 1 year and then the Aguilar decision came down- my attorney motioned the courts again and then it was granted. I also received a order to get reimbursement for probation fees court fees and my firearm returned
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I justwent through the same thing I was convicted of auuw in November of 2012 I should say I pled guilty.as soon as I heard about the Moore v Madigan decision I quickly hired a different attorney and he filed the motion to vacate conviction - and the judge denied it - I was on probation for 1 year and then the Aguilar decision came down- my attorney motioned the courts again and then it was granted. I also received a order to get reimbursement for probation fees court fees and my firearm returned
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  • 3 weeks later...

Legal dwelling means exactly that, where you live. Where your mail is delivered, the address on your DL/FOID/State ID/CCL/whatever and there is no distinction between occupants who own their home or not. Here's the Illinois Criminal Code of 2012 with the definition of dwelling and tack "legal" onto it. In this case, subsection (a) is applicable and not subsection (B) which addresses burglary, etc.

 

(720 ILCS 5/2-6) (from Ch. 38, par. 2-6)

Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (B) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.

(B) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.

(Source: P.A. 84-1289.)

 

Sent from my SCH-I545 using Tapatalk 2

 

 

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