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Dancing David
17th September 2003, 09:29 AM
There are times when you just want to say AAAAAARRRRGGGHHH!

One of my clients was very abused by thier partner, unlawful restraint, domestic battery, attempted homicide, endangerment of a child. But because they are from a small town in a rural county (A ) thier partner was only charged and convicted of misdemeanor battery.

But this partner had a probation case in another county(B), and the judge(B) in the other county(B) was very upset that the partner had violated thier court supervision. The judge(B) in this other county(B) decided to put a judicial hold on the partner while they were in county(A) jail.

But then the county(A )which was holding the partner in jail, reported to the other judge(B) that they had sentenced the partner to 10 years in prison and that he was remanded to the custody of the Illinois DOC.

Well it turns out that they(A) lied to the judge(B) in the other county(B), this partner is going to walk in three weeks! And the judge(B) in the other county(B) has dismissed the probabtion because they(A) said that the partner was in the DOC.

So my client is going to be at risk, because the SA(A) and the Judge(A) don't give a crap about the truth or telling the truth.

I doubt that anything will come of this except that my client will have to move for safety because, there is probably no law that says State's Attorney's have to tell the truth when they talk to officials in other counties.

Our tax dollars at work!

Chaos
17th September 2003, 09:50 AM
[sarcasm mode turned on]

Yeah, great. This really makes on envy Americans for their judicial system.

What a great example of "always believing in the best within people".
Wife abusers and wife beaters of all nations, unite and move to county A, the paradise of domestic violence!

[sarcasm mode turned off]

Isnīt there some way to have the state attorney and judge charged with Obstruction of Justice and...what is it called...telling lies before a court? Perhaps you can even (once it is to late and that partner got violent again) have them charged with assisting the man with his crimes (they lied so that he could get out of jail, after all)?

Thanz
17th September 2003, 12:04 PM
Uh, this may be a stupid questiuon, but why can't you tell judge B what happened? That the court in County A lied to him and the person that he thought was going to be in prison for 10 years will be released in 3 weeks? Wouldn't that get judge B completely pi$$ed off so that he will go and kick some county A a$$?

Dancing David
17th September 2003, 12:41 PM
Originally posted by Thanz
Uh, this may be a stupid questiuon, but why can't you tell judge B what happened? That the court in County A lied to him and the person that he thought was going to be in prison for 10 years will be released in 3 weeks? Wouldn't that get judge B completely pi$$ed off so that he will go and kick some county A a$$?

Uh, we told the probabtion officer in County (B), but judges and State's Attorneys have powers that I don't understand in Illinois, I am sure that this is going to be reviewed by the State Circut Courts, but since judges and SAs are elected, I doubt that much will happen.

the SA is likely to say "Weel, I planned charge him with a felony and the judge planned to sentence him to ten years at the time, but hey I changed my mind and just didn't tell you."

Since cases are tried county by county there is a large potential for abuse, you can have a dui in every county in Illinois and not get suspeneded because the counties don't talk to each other. they did pass a law to change that last year.

The judge in county B was already very mad that this guy had gotten arrested for battery while he was under court supervision. So I am hoping that there is a way to reinstate the probabtion and violate him big time.