Robinson, IL asked in Appeals / Appellate Law and Traffic Tickets for Illinois

Q: Can I appeal a conviction based on negligence from all parties of the court?

I was forced into taking a ridiculous plea the states attorney deliberately handed down a harsh sentence because he doesn’t not like me. My lawyer did nothing to help me either. My lawyer and the states attorney and the judge, well as a matter of fact everyone in this little podunk county are all friends and have lunch together and has had a personal vendetta against my family for undisclosed reasons. But my point is I was given no fair options he said it was either the sentence I was given or Idoc. All this over a driving on revoked. Is there anything I can do. Can I try to fight for negligence or am I just forced to deal with this

2 Lawyer Answers
Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
Answered
  • Traffic Tickets Lawyer
  • Springfield, IL
  • Licensed in Illinois

A: The state of Illinois considers driving revoked, particularly when the reason for the revocation is a DUI or other serious traffic offense, to be a serious violation of law. Given that you mentioned IDOC, it appears it was or could have been a felony.

In most circumstances, it is EASY for the state to prove driving revoked. There are two issues: were you driving and were you revoked. So the state has little incentive to negotiate a lighter sentence and your lawyer has little leverage.

Juan Ooink agrees with this answer

Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: Forced? You may have been given a tough choice to make but I am pretty sure you were not forced. Before the Judge accepted your plea, the Judge likely asked you if any one forced you to plead guilty to the charge and the only way the plea would be accepted is if you answered no. As for your appeal, I am sure when you entered your plea, you were informed that in order to file an appeal, you would first have to file a Motion to Vacate Your Plea within 30 days of the plea and that if that Motion was denied, you had 30 days from the denial date to file a Notice of Appeal.

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