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  1. #1
    Join Date
    Dec 2004
    Posts
    3

    Default House burglary and car burglary

    I will try to make this short........... Husband was extradited from Tennessee to Illinois for a warrant from 1996. The original charge was attempted burglary . My question is... Is there a difference between house burglary and car burglary. He was in the car but did not get anything, saw a police officer and ran, was caught and charged with burglary?? Another question..While waiting to be extradited, he was in jail for 7 weeks, Will this time be credited to his possible time sentenced?? If anyone could offer any info on what his possible sentence could be , would be very helpful. This is the only thing on his record,from 1996. Is there anything other than writing a "character letter" that I could do to help my husbands case?? thank you so much for any help!

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Best and worse case...................

    Quote Quoting LADG4E
    I will try to make this short........... Husband was extradited from Tennessee to Illinois for a warrant from 1996. The original charge was attempted burglary . My question is... Is there a difference between house burglary and car burglary. He was in the car but did not get anything, saw a police officer and ran, was caught and charged with burglary??
    There is usually a different charge for breaking into a home than for breaking into a car. However, if your husband is being charged as part of a group of people who broke into a home, he can be subject to the same charge as the others who broke into (or attempted to break into) the home, even though he stayed in the car.

    Quote Quoting LADG4E
    Another question..While waiting to be extradited, he was in jail for 7 weeks, Will this time be credited to his possible time sentenced??
    Ordinarily, yes.

    Quote Quoting LADG4E
    If anyone could offer any info on what his possible sentence could be , would be very helpful. This is the only thing on his record,from 1996.
    The Illinois Code for burglary provides:
    Quote Quoting 720 ILCS 5/19‑1
    (a) A person commits burglary when without authority he knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle as defined in the Illinois Vehicle Code, railroad car, or any part thereof, with intent to commit therein a felony or theft. This offense shall not include the offenses set out in Section 4‑102 of the Illinois Vehicle Code.

    (b) Sentence. Burglary is a Class 2 felony. A burglary committed in a school or place of worship is a Class 1 felony.
    Also, pursuant to 720 ILCS 5/8‑4, "the sentence for attempt to commit a Class 2 felony is the sentence for a Class 3 felony". Pursuant to 730 ILCS 5/5‑8‑1(6), "for a Class 3 felony, the sentence shall be not less than 2 years and not more than 5 years". Probation may be permissible under 730 ILCS 5/5‑6‑1 et seq.

    Quote Quoting LADG4E
    Is there anything other than writing a "character letter" that I could do to help my husbands case?? thank you so much for any help!
    Getting letters for his lawyer, such as a letter from his employer, priest/minister, and character witnesses may be beneficial for sentencing. You may wish to ask his lawyer what would be helpful. If he doesn't have a lawyer, it would be a good idea to help him get one.

  3. #3
    Join Date
    Dec 2004
    Posts
    3

    Default

    Thank you so very much!!!
    My husband was alone in the attempted burglary, The car was unlocked, he was under the influence of drugs. He has since completed a drug program, on his own. He has been clean since 1997. I have a certificate showing that he has completed the program,. I printed a copy for his public defender.

    Also, not sure if this is true.But he has been told that they can pull up his record from when he was 17 years old and hold that against him. He is 35 and there has been nothing on his adult record, Can they do this??
    Sorry for so many questions....... Also, will they sentence him from guidelines in 1996 or 2004 guidelines??
    Again, thank you so very very much!!

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Juvenile Criminal Record

    Different states have different approaches to juvenile criminal records. Sometimes the record is automatically sealed, sometimes it is sealed if the juvenile does not offend during early adulthood, and sometimes it is only sealed upon a petition from the juvenile after reaching adulthood. There may even be a state or two which does not seal juvenile records, at least in relation to subsequent offenses. Also, sometimes a juvenile record can become part of a probation department file, such that it is available for review by a probation officer in that department even though it has been sealed. So there are a number of ways in which the juvenile record could end up being considered by a probation officer, depending upon state law.

    Your husband would be charged under the criminal codes which existed at the time of the offense. Typicallyan offender is sentenced under the guidelines which exist at the time of sentencing. However, if that would violate the Ex Post Facto clause of the U.S. Constitution, the former guidelines would be used.

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