How can I assure that a 17-yr-old accused of breaking,entering,theft not be jailed until aged 21?
Question Details: My 16-yr-old boy, after a string of juvenile charges, ie curfew offenses, broke into a home with at least one other boy, and stole electronic equipment. He was on house arrest at the time. He was arrested, sent to Juvenile Hall where he turned 17. A few days later he was transferred to Kane county lock-up. At a court hearing on Monday he was told that he could be sentenced to prison until he is 21. This horrifies his family. What can we do to ensure at least a more reasonable sentence?
The judge's admonition is correct. There is not a way to absolutely ensure a more reasonable sentence. However, it would be important for him to have an attorney to present mitigation to the judge as to why such a sentence would not be appropriate. We have attorneys that go to Kane County regularly. Please feel free to contact us about this case.
Although I do not practice law in the State of Illinois, here are my initial impressions. Although I generally agree with my colleague's comments, I'd like an opportunity to elaborate. The best thing that you can do to give your son an opportunity to receive the most favorable sentence possible (or no sentence at all) is for you to hire a skilled criminal defense attorney on his behalf. His attorney may be able to identify a way to get the charges dismissed, or may be able to identify weaknesses with the state's evidence that will convince the prosecutor to offer a favorable plea deal. In any event, failure to obtain counsel will most likely put your son at risk for a severe sentence, including but limited to an extended period of incarceration. Good luck.
