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People vs Burns - aggravated unlawful use of a weapon - Unconstitutional


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#61 Robert9999

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Posted 26 January 2016 - 08:09 PM

Ok don't laugh at me! Because I'm confused, if you're charged with auuw it's better to be a felon. But if you're not a felon now you are. Am I correct.

#62 defaultdotxbe

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Posted 26 January 2016 - 08:19 PM

Ok don't laugh at me! Because I'm confused, if you're charged with auuw it's better to be a felon. But if you're not a felon now you are. Am I correct.

It has no bearing on AUUW as it exists now, since it's no longer the same law that was declared unconstitutional in Moore/Sheppard

If you were a non-felon previously convicted of AUUW you can have your conviction vacated per the Aguilar ruling.

Now, if you were a felon convicted of AUUW after you became a felon you can now also have your conviction vacated, per this new ruling.

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#63 Robert9999

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Posted 26 January 2016 - 08:31 PM

My head hurts now!

#64 ChicagoRonin70

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Posted 26 January 2016 - 11:05 PM

 

Ok don't laugh at me! Because I'm confused, if you're charged with auuw it's better to be a felon. But if you're not a felon now you are. Am I correct.

It has no bearing on AUUW as it exists now, since it's no longer the same law that was declared unconstitutional in Moore/Sheppard

If you were a non-felon previously convicted of AUUW you can have your conviction vacated per the Aguilar ruling.

Now, if you were a felon convicted of AUUW after you became a felon you can now also have your conviction vacated, per this new ruling.

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This feces is getting meta.


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#65 skinnyb82

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Posted 02 February 2016 - 01:28 PM

Basically, the statute was declared facially unconstitutional. It cannot be enforced in any form. Period. There's no distinction between garden variety Class 4 felony AUUW and the enhanced Class 2 felon in possession. It means nothing unless you're a felon who was adjudicated under the old law. Sent from my SM-G900V using Tapatalk
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#66 Boogie190

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Posted 23 February 2016 - 09:30 AM

I told a friend of mine about this a few months ago, he went and had his charge vacated and expunged the rest of his record (he had about 16 other arrest).. It took exactly 3 months. He wasn't working so court fees were waived (it costed him $0) and Cabrini Green legal represented him in both matters (expungement & vacation).. Now we're waiting on his foid card to arrive.

#67 Molly B.

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Posted 23 February 2016 - 05:37 PM

Cool.


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#68 GWBH

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Posted 23 February 2016 - 08:38 PM

My head hurts now!

I know what you mean...


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#69 Hazborgufen

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Posted 29 February 2016 - 03:53 PM

I told a friend of mine about this a few months ago, he went and had his charge vacated and expunged the rest of his record (he had about 16 other arrest).. It took exactly 3 months. He wasn't working so court fees were waived (it costed him $0) and Cabrini Green legal represented him in both matters (expungement & vacation).. Now we're waiting on his foid card to arrive.

That's neat to hear. My wife contributes to, and I believe does pro bono work for, Cabrini Green Legal Aid. It's a good program that helps people who made mistakes in the past and have honestly turned their lives around.



#70 skinnyb82

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Posted 01 March 2016 - 12:56 PM

It's great news whenever I see someone who's made a genuine mistake, has taken full responsibility for it, comes out ahead. I really hate how we, as a collective, treat those who have made a mistake (felons, others), paid their debt to society in the form of an adjudication, have kept their noses clean since then (decades), yet we're still punishing them by restricting their rights, barring them from (more or less) making something of themselves by setting up barriers to gainful employment. Then we wonder why recidivism is so high. My neighbor's son is a convicted felon with two kids, has job offers rescinded left and right. He isn't aware I know of his status or I'd help him get his conviction expunged (got caught with a small amount of coke 10+ years ago, 410 probation which can be expunged after a decade has passed without any incidents, assuming he "successfully completed" probation). I'm of the belief that he doesn't know the conviction can be expunged, as his attorney was a PD who didn't seem to care much about fighting just getting a judgment entered. Funny, can expunge cocaine possession but not reckless driving or DUI.... ever. I'm of Sent from my VS986 using Tapatalk
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#71 Boogie190

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Posted 22 March 2016 - 09:38 AM

I told a friend of mine about this a few months ago, he went and had his charge vacated and expunged the rest of his record (he had about 16 other arrest).. It took exactly 3 months. He wasn't working so court fees were waived (it costed him $0) and Cabrini Green legal represented him in both matters (expungement & vacation).. Now we're waiting on his foid card to arrive.

 

 

I told a friend of mine about this a few months ago, he went and had his charge vacated and expunged the rest of his record (he had about 16 other arrest).. It took exactly 3 months. He wasn't working so court fees were waived (it costed him $0) and Cabrini Green legal represented him in both matters (expungement & vacation).. Now we're waiting on his foid card to arrive.

That's neat to hear. My wife contributes to, and I believe does pro bono work for, Cabrini Green Legal Aid. It's a good program that helps people who made mistakes in the past and have honestly turned their lives around.

 

update; my friendS FOID went active on 3-11-16. card should be here any day now



#72 Molly B.

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Posted 22 March 2016 - 02:50 PM

Congratulations to your friend!!


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