Aggravated Fleeing and Elude, Caught and Charged With DUI

My question involves criminal law for the state of: Illinois

Okay guys I was scheduled to have a meeting with my attorney after spending a weekend in jail and bonding out. I was charged with Aggravated fleeing and Eluding, DUI, and failure to reduce speed to prevent an accident. This will be my second dui and second potential felony charge. My first charges were 2 years ago which were Duid/possesion of a controlled substance. WHICH I would like to point out was synthetic marijuana literally 5 days after it had become illegal, and 7 days after I had purchased it. (I hate to claim ignorance of the law but I really had no f***ing idea.) I was placed on a first offender's probationary term which upon completion removed my felony charge and dui charge from public view. SO here is my question. Since my counsel had pushed back the date of our metting a week and I am miserable not knowing what will happen, I am exceptionally curious whether this will be able to either be reduced or implemented into my original probationary period (granted with extended probation). I don't mind spending a few days in jail, and I don't mind attending any necessary drug/alcohol evaluations and classes that I'm sure I'll have to attend. MY ONLY main concern is that the felony be removed from public eye without being forced to wait 5+ years for POSSIBLE expungement. Though the case is possibly questionable, I would much rather take a deal than risk fighting and losing.

Guy's I'll openly admit that I'm in college and I party way more than people should and it could also be said that I have an alcohol problem. But I had three jobs ( yes three ) , was working as a full-time student towards a degree and also working as a docent in the Art gallery at my institution. I'm no criminal when I'm sober and I'll openly admit that I deserve everything the law has to charge me with. But I am no criminal at heart and I must find a way to remove these felonies so I can grow the hell up and move on with my career... I need to know if these things will help me and if there's any light at the end of the tunnel... Feel free to ask any questions on details / things I may have missed upon typing this. any time taken out of your day to comment on this would be warmingly appreciated.. thanks guys :cool:


,Justin

We can't tell you anything that your lawyer can't. You're in a heap of trouble. You may wish to proactively seek counseling for your alcoholism.

"I was placed on a first offender's probationary term which upon completion removed my felony charge and dui charge from public view."

I wouldn't presume this unless you went through expungement of the arrest process. Have you had various background checks since then?

"... I am exceptionally curious whether this will be able to either be reduced or implemented into my original probationary period (granted with extended probation)."

As to "able", that's like "can" -- virtually anything is possible (unless your state has a weird statute about what a prosecutor may or may not choose to do), but I don't know what you mean by "reduced or implemented into my original probational period)."

"I don't mind spending a few days in jail, and I don't mind attending any necessary drug/alcohol evaluations and classes that I'm sure I'll have to attend."

Why, how magnanimous of you. I kid. :)

"MY ONLY main concern is that the felony be removed from public eye without being forced to wait 5+ years for POSSIBLE expungement."

Unless the charges are dropped, you can forget about the arrest record referring to this being "removed from public eye" (as in, unavailable to be seen).

"But I had three jobs ( yes three ) , was working as a full-time student towards a degree and also working as a docent in the Art gallery at my institution."

All well and good.

"I'm no criminal when I'm sober ..."

Sober or not, evidently you have committed crimes in the past and most recently (you don't say they were fabricated); while you may not have been convicted of X because you accepted a deal of Y, that doesn't mean you didn't break the law, correct? So saying "I'm no criminal" may in the end be a matter of splitting hairs/technicality.

Sure, being a student that's otherwise doing well and a docent at an art gallery may help a judge or prosecutor decide you're worthy of their magnanimity, but that doesn't mean it will happen.

There's always light at the end of a tunnel (unless and until you're dead-dead).

Quote:

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Quoting flyingron

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We can't tell you anything that your lawyer can't. You're in a heap of trouble. You may wish to proactively seek counseling for your alcoholism.

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I plan to.

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http://ecilcrime.com/2009/05/18/first-offender-probation-expungement/. <- that is what I'm dealing with. I realize the arrest record will be there, sure. But conviction is another thing entirely... I'm just curious to see if that portion of my probation can be extended because of something else I've done.. instead of revoked and re-tried using standard probationary terms that aren't as forgiving.

If you finished your two years probation they can't reopen that. However, you've most likely screwed your ability to expunge those convictions getting the new charges in the five year waiting period. Further, if you are convicted of a felony now, you will never, not in five years, not in fifty, get that expunged.