crimeandpunishment
New Member
- Jurisdiction
- Illinois
Good evening,
My husband has recently been sentenced (June 28th, 2024)to 8 years in IDOC for vehicle theft conspiracy. He has no prior history with the law other than a few traffic tickets and an old DUI from 2010. Let me back up a bit for you. January 21st, 2021 A warrant for arrest was issued with origional charge generated and bond set at $100,000 with a motion filed by DA and granted to seal the file until warrant was served. January 22nd, 2021 husband arrested by Clinton County Sheriff's office and I posted a $10,000 bond. February 3rd, 2021 Original warrent returned by Clinton County Sheriff's office. February 8th, 2021 husband requests time to seek counsil. DA's first offer was 8 years . A few failure to appears and quashed warrants with bond forfeitures vacated, attorney waives formal arraignment and preliminary hearing. Husband pleads not guilty with jury demand. Pretrial set for June 16th, 2021. Husband contracted COVID-19, shown proof to court, principal attorney turns case over to partner. November 2021-March 2022 Negotiations ongoing a pre-trials reset. Final negotiations and possible supression motion along with pretrial discovery filed. July 13th, 2022 motion to withdraw by attorney (in his own battle over nude pictures of another client not relevant to this case) jury trial remains on. August 10th, 2022 warrant for arrest failure to appear $10,000 bond set. September 6th, 2022 I posted $1,000 bond for him. September 12th, 2022 husband informs court of new attorney hire and requests time for attorney to review case (granted). September 14th, 2022 Principal attorney files motion for discovery, entry of apperance, plea of not guilty demand for jury trial. September 28th, 2022 partner attorney shows up at court jury trial set, with negotiations ongoing. January 11th, 2023 Judge was recused. By arguement jury trial and final pretrial conference vacated, matter now set for pretrial only.February 23rd, 2023 Limine filed by attorney husband's witness list filed by attorney (husband had no witnesses at this point, was not asked if he had any), husband's motion for witness list filed by attorney information read to husband, rights and penalties given to husband factual basis given, defendant pled guilty in an open plea to count 1 as charged (per attorney's advice. Said husband was sure to lose at a jury trial and had no cap, no other counter offer put in by attorney, husband was up against an open plea of guilty with no cap on an 8 year sentence) sentencing hearing set for April 26th, 2024. Husband went and did interview for probation and probation officer recommended strict probation after assessment was done. NOTE: husband was detained after this at the courthouse where propation assessment occured for a revocation of probation as he had already been convicted of aggravated auto part theft in St.Clair county and received 2 years probation plus restitution.) June 28th, 2024 husband present with attorney no changes to PSI, father sworn in and testifies, wife (me) swron in and testifies, After consideration of factors in aggavation and mitigation, statutory factorsn cost of incarcetation, husband sentenced to 8 years DOC 1 MSR $1,000 fine, costs restitution to be determined at next hearing. person writ to issue appeal rights given.
I was told to write and be ready to give a statement on my husbands character, 2 minutes before the hearing, I was pulled outside of the courtroom and told I would be called to the stand and be ready for cross examination. My husband was arrested at home on a "warrant" (never saw one from either county although I asked several times) from St. Clair county with Clinton County Sheriff's Office following suite 3 months later. That case went to court (St. Clair County) and a guilty plea was given under the assumption that probation would be the outcome, and so it was just that. 2 years probation with 3 month check-in's. Not the case in Clinton County, however. Husband's St. Clair County lawyer refused to take the case in Clinton County stating he would never take a case there again as they are all associated with one another and it is very difficult to win a case out of that county.
What happened for husband to be charged with these crimes? Again, let me go back for you.
My husband's father has been in the scrap metal business for over 40 years, he has owned several scrap yards in multiple locations, several of which my husband ran for him. My husband went over the road to several stops for several years buying scrap metal for his father from New Orlens to California, Florida, Iowa etc... His father and my husband both have bought and sold converters, motors, cars, copper, steel, aluminum, and other metals for 40+ years. I tell you this because it shows my husband did not start buying and selling converters (the auto parts in question) because the price of the metal was up at the time. My husband was licensed through the state to buy, sell, and transport metals. Two men were caught stealing converters from citizens in Clinton County, they had possession of the parts when they were caught. They told the officers who caught them that they were sent to commit the thefts by my husband. NOW.. there have been hundereds of individuals who have messaged my husband about the numbers printed on converters asking if they should buy the car it was on or the converter dependant upon the price being worth it. My husband would say yes or no or give them the price off of an application that you had to be given access to which all scrap yards use to determine the going price of these parts on a daily basis as, i am sure you are aware, just like gold and silver, the price of metal changes often.
In the evidence, several vehicles were specifically named that these converters came off of. Vehicles that were texted to my husband asking if the converters were worth getting or not. So, as per any othe conversation, my husband replied with yes or no . There was no agreement between these men and my husband, for these men to take these parts unlawfully. As for the evidence, the numbers printed on a converter are nothing like a VIN number printed on the dash of a vehicle where it can be located in the door or on the engine of the vehicle as well attaching the VIN to that specific vehicle. The numbers printed on converters are done by year. There is no way, none, unless you physically take the converter and match it percisely to the cut from the muffler under a vehicle, to say that that specific converter came from that specific vehilcle.
My husband pled guilty due to the current counsel telling my husband the only way he may get a lighter sentence is to plead guilty to these charges. He could not and would not win in a jury trial. The counsel never countered with a lighter sentence. I believe that the counsel is in violation of the 6th ammendent of the constitution (The right to adequate representation) and is guilty of ineffective assistance of counsel per the1984 Strickland v. Washington case.
If I am researching right (that is why I am here, I am a medical student, not a law student), conspiracy is when two or more individuals make an AGREEMENT to commit a crime and furtherance occurs when one or more of these individuals commits the crime. As mentioned earlier, my husband never made an agreement with either of these individuals. In fact, one of the individuals written statements on my husband included next to his signature, "they are making me write this against my will." Also, I believe that as with this crime, considered a class 1 felony, that it is to be charged as a class 2 felony, which I believe did not occur.
My question to you: What should be our next move? How can I help my husband? If this case were given to you, what would you do to get him an appeal, over turn of conviction, sentence reduction...on what grounds? is there any hope? Can he be saved?
Thank you all in advance for your valuable time and patience with me. Any information, guidance, or recommendations concerning this matter are welcomed and more than appreciated.
My husband has recently been sentenced (June 28th, 2024)to 8 years in IDOC for vehicle theft conspiracy. He has no prior history with the law other than a few traffic tickets and an old DUI from 2010. Let me back up a bit for you. January 21st, 2021 A warrant for arrest was issued with origional charge generated and bond set at $100,000 with a motion filed by DA and granted to seal the file until warrant was served. January 22nd, 2021 husband arrested by Clinton County Sheriff's office and I posted a $10,000 bond. February 3rd, 2021 Original warrent returned by Clinton County Sheriff's office. February 8th, 2021 husband requests time to seek counsil. DA's first offer was 8 years . A few failure to appears and quashed warrants with bond forfeitures vacated, attorney waives formal arraignment and preliminary hearing. Husband pleads not guilty with jury demand. Pretrial set for June 16th, 2021. Husband contracted COVID-19, shown proof to court, principal attorney turns case over to partner. November 2021-March 2022 Negotiations ongoing a pre-trials reset. Final negotiations and possible supression motion along with pretrial discovery filed. July 13th, 2022 motion to withdraw by attorney (in his own battle over nude pictures of another client not relevant to this case) jury trial remains on. August 10th, 2022 warrant for arrest failure to appear $10,000 bond set. September 6th, 2022 I posted $1,000 bond for him. September 12th, 2022 husband informs court of new attorney hire and requests time for attorney to review case (granted). September 14th, 2022 Principal attorney files motion for discovery, entry of apperance, plea of not guilty demand for jury trial. September 28th, 2022 partner attorney shows up at court jury trial set, with negotiations ongoing. January 11th, 2023 Judge was recused. By arguement jury trial and final pretrial conference vacated, matter now set for pretrial only.February 23rd, 2023 Limine filed by attorney husband's witness list filed by attorney (husband had no witnesses at this point, was not asked if he had any), husband's motion for witness list filed by attorney information read to husband, rights and penalties given to husband factual basis given, defendant pled guilty in an open plea to count 1 as charged (per attorney's advice. Said husband was sure to lose at a jury trial and had no cap, no other counter offer put in by attorney, husband was up against an open plea of guilty with no cap on an 8 year sentence) sentencing hearing set for April 26th, 2024. Husband went and did interview for probation and probation officer recommended strict probation after assessment was done. NOTE: husband was detained after this at the courthouse where propation assessment occured for a revocation of probation as he had already been convicted of aggravated auto part theft in St.Clair county and received 2 years probation plus restitution.) June 28th, 2024 husband present with attorney no changes to PSI, father sworn in and testifies, wife (me) swron in and testifies, After consideration of factors in aggavation and mitigation, statutory factorsn cost of incarcetation, husband sentenced to 8 years DOC 1 MSR $1,000 fine, costs restitution to be determined at next hearing. person writ to issue appeal rights given.
I was told to write and be ready to give a statement on my husbands character, 2 minutes before the hearing, I was pulled outside of the courtroom and told I would be called to the stand and be ready for cross examination. My husband was arrested at home on a "warrant" (never saw one from either county although I asked several times) from St. Clair county with Clinton County Sheriff's Office following suite 3 months later. That case went to court (St. Clair County) and a guilty plea was given under the assumption that probation would be the outcome, and so it was just that. 2 years probation with 3 month check-in's. Not the case in Clinton County, however. Husband's St. Clair County lawyer refused to take the case in Clinton County stating he would never take a case there again as they are all associated with one another and it is very difficult to win a case out of that county.
What happened for husband to be charged with these crimes? Again, let me go back for you.
My husband's father has been in the scrap metal business for over 40 years, he has owned several scrap yards in multiple locations, several of which my husband ran for him. My husband went over the road to several stops for several years buying scrap metal for his father from New Orlens to California, Florida, Iowa etc... His father and my husband both have bought and sold converters, motors, cars, copper, steel, aluminum, and other metals for 40+ years. I tell you this because it shows my husband did not start buying and selling converters (the auto parts in question) because the price of the metal was up at the time. My husband was licensed through the state to buy, sell, and transport metals. Two men were caught stealing converters from citizens in Clinton County, they had possession of the parts when they were caught. They told the officers who caught them that they were sent to commit the thefts by my husband. NOW.. there have been hundereds of individuals who have messaged my husband about the numbers printed on converters asking if they should buy the car it was on or the converter dependant upon the price being worth it. My husband would say yes or no or give them the price off of an application that you had to be given access to which all scrap yards use to determine the going price of these parts on a daily basis as, i am sure you are aware, just like gold and silver, the price of metal changes often.
In the evidence, several vehicles were specifically named that these converters came off of. Vehicles that were texted to my husband asking if the converters were worth getting or not. So, as per any othe conversation, my husband replied with yes or no . There was no agreement between these men and my husband, for these men to take these parts unlawfully. As for the evidence, the numbers printed on a converter are nothing like a VIN number printed on the dash of a vehicle where it can be located in the door or on the engine of the vehicle as well attaching the VIN to that specific vehicle. The numbers printed on converters are done by year. There is no way, none, unless you physically take the converter and match it percisely to the cut from the muffler under a vehicle, to say that that specific converter came from that specific vehilcle.
My husband pled guilty due to the current counsel telling my husband the only way he may get a lighter sentence is to plead guilty to these charges. He could not and would not win in a jury trial. The counsel never countered with a lighter sentence. I believe that the counsel is in violation of the 6th ammendent of the constitution (The right to adequate representation) and is guilty of ineffective assistance of counsel per the1984 Strickland v. Washington case.
If I am researching right (that is why I am here, I am a medical student, not a law student), conspiracy is when two or more individuals make an AGREEMENT to commit a crime and furtherance occurs when one or more of these individuals commits the crime. As mentioned earlier, my husband never made an agreement with either of these individuals. In fact, one of the individuals written statements on my husband included next to his signature, "they are making me write this against my will." Also, I believe that as with this crime, considered a class 1 felony, that it is to be charged as a class 2 felony, which I believe did not occur.
My question to you: What should be our next move? How can I help my husband? If this case were given to you, what would you do to get him an appeal, over turn of conviction, sentence reduction...on what grounds? is there any hope? Can he be saved?
Thank you all in advance for your valuable time and patience with me. Any information, guidance, or recommendations concerning this matter are welcomed and more than appreciated.