bjm Posted March 2, 2014 at 10:42 PM Author Share Posted March 2, 2014 at 10:42 PM 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 Link to comment Share on other sites More sharing options...
RacerDave6 Posted March 2, 2014 at 10:44 PM Share Posted March 2, 2014 at 10:44 PM 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 thatIf 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. Link to comment Share on other sites More sharing options...
bjm Posted March 2, 2014 at 11:20 PM Author Share Posted March 2, 2014 at 11:20 PM 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 thatIf 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.... Link to comment Share on other sites More sharing options...
xd9subcompact Posted March 2, 2014 at 11:32 PM Share Posted March 2, 2014 at 11:32 PM I'm getting more confused. You are a felon? Link to comment Share on other sites More sharing options...
bjm Posted March 2, 2014 at 11:37 PM Author Share Posted March 2, 2014 at 11:37 PM I'm getting more confused. You are a felon? Yes I was convicted almost 2yrs ago Link to comment Share on other sites More sharing options...
Tvandermyde Posted March 3, 2014 at 03:43 AM Share Posted March 3, 2014 at 03:43 AM chill out, and let me work on it Link to comment Share on other sites More sharing options...
pdpsc Posted March 3, 2014 at 03:57 AM Share Posted March 3, 2014 at 03:57 AM 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. Link to comment Share on other sites More sharing options...
xd9subcompact Posted March 3, 2014 at 06:28 AM Share Posted March 3, 2014 at 06:28 AM Well, if you are successful getting the AUUW charge vacated, then given the time that has passed since the state was aware of the crime, you are probably safe from a re-file on the lesser charge. It look like more than 18 months have passed, so it's a little late for them. Link to comment Share on other sites More sharing options...
Sapper6 Posted March 3, 2014 at 02:20 PM Share Posted March 3, 2014 at 02:20 PM 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? Link to comment Share on other sites More sharing options...
bjm Posted March 3, 2014 at 03:02 PM Author Share Posted March 3, 2014 at 03:02 PM Alright I'ma step back, but it's cook. Link to comment Share on other sites More sharing options...
mwagila Posted March 5, 2014 at 06:01 PM Share Posted March 5, 2014 at 06:01 PM 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?? Link to comment Share on other sites More sharing options...
xd9subcompact Posted March 5, 2014 at 06:38 PM Share Posted March 5, 2014 at 06:38 PM You must mean you WERE a holder of a valid IN permit. As I recall the People v Leonard Holmes case is right down your alley. http://www.state.il....pril/109130.pdf Someone posted on page one of this thread, as I recall they know an attorney that charges $2500 to handle this. At this point, that seems cheap. Link to comment Share on other sites More sharing options...
bjm Posted March 5, 2014 at 11:36 PM Author Share Posted March 5, 2014 at 11:36 PM yes $2500 is the cheapest I've heard Link to comment Share on other sites More sharing options...
mwagila Posted March 6, 2014 at 07:38 PM Share Posted March 6, 2014 at 07:38 PM $2500 simoleons!!! What about a class action suit against the state?? Link to comment Share on other sites More sharing options...
bjm Posted March 7, 2014 at 03:16 PM Author Share Posted March 7, 2014 at 03:16 PM $2500 simoleons!!! What about a class action suit against the state?? Sounds good Link to comment Share on other sites More sharing options...
rwardjr Posted March 7, 2014 at 06:08 PM Share Posted March 7, 2014 at 06:08 PM 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). Link to comment Share on other sites More sharing options...
Tvandermyde Posted March 8, 2014 at 02:01 PM Share Posted March 8, 2014 at 02:01 PM I pitched your case tot he cook county SA office. they guys are taking a look at it. Hopefully they will see the need to just drop it and let things go. I might know more when we go back to session. when is the SA brief due? Link to comment Share on other sites More sharing options...
cesbud09 Posted March 8, 2014 at 06:51 PM Share Posted March 8, 2014 at 06:51 PM 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 Link to comment Share on other sites More sharing options...
cesbud09 Posted March 8, 2014 at 06:53 PM Share Posted March 8, 2014 at 06:53 PM 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 Link to comment Share on other sites More sharing options...
cesbud09 Posted March 8, 2014 at 06:55 PM Share Posted March 8, 2014 at 06:55 PM Sorry for posting twice I am new to this - also the attorney I hired was David Segale - and yes it was 2500.00 and well worth it Link to comment Share on other sites More sharing options...
skinnyb82 Posted March 8, 2014 at 08:35 PM Share Posted March 8, 2014 at 08:35 PM David Sigale? That was money well spent. Same attorney who is local counsel for the SAF in Moore. Sent from my SCH-I545 using Tapatalk 2 Link to comment Share on other sites More sharing options...
Plinkermostly Posted March 8, 2014 at 10:42 PM Share Posted March 8, 2014 at 10:42 PM Did you get the firearm back? Link to comment Share on other sites More sharing options...
cesbud09 Posted March 9, 2014 at 04:14 PM Share Posted March 9, 2014 at 04:14 PM I have a court order to get it back - CPD won't return it without valid foid card - I was just in contact with the isp Friday and they say they are working on it because I had to send them proof that the conviction was vacated and charges dismissed - so I just faxed them my paperwork Link to comment Share on other sites More sharing options...
rwardjr Posted March 9, 2014 at 04:48 PM Share Posted March 9, 2014 at 04:48 PM . Link to comment Share on other sites More sharing options...
bjm Posted March 9, 2014 at 07:10 PM Author Share Posted March 9, 2014 at 07:10 PM I pitched your case tot he cook county SA office. they guys are taking a look at it. Hopefully they will see the need to just drop it and let things go. I might know more when we go back to session. when is the SA brief due? you're referring to my case? Link to comment Share on other sites More sharing options...
Tvandermyde Posted March 10, 2014 at 02:30 PM Share Posted March 10, 2014 at 02:30 PM yes Link to comment Share on other sites More sharing options...
bjm Posted March 10, 2014 at 04:05 PM Author Share Posted March 10, 2014 at 04:05 PM Thanks a lot, greatly appreciate it Link to comment Share on other sites More sharing options...
IL-Logical Posted March 26, 2014 at 02:17 PM Share Posted March 26, 2014 at 02:17 PM IANAL, but in my lay persons mind, in your "legal dwelling" would seem to indicate as your legal residence. Link to comment Share on other sites More sharing options...
bjm Posted March 26, 2014 at 09:34 PM Author Share Posted March 26, 2014 at 09:34 PM What does this mean exactly? This statement is the same as if I was a resident or is it referring to the actual owning of the land? "except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business" Link to comment Share on other sites More sharing options...
skinnyb82 Posted March 26, 2014 at 11:41 PM Share Posted March 26, 2014 at 11:41 PM 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 ( 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 ( 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. ( 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 Link to comment Share on other sites More sharing options...
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